Saturday, June 2, 2007

ANOTHER SAMPLE POWER OF ATTORNEY - SAT 02/06/07

(click this link to lexborneo.com)
ANOTHER SAMPLE POWER OF ATTORNEY –
Sample Power of Attorney in respect of a land.
Remember this is only a sample.
It is recommended that you get legal advise from a lawyer for the preparation, execution and registration of a power of attorney.



POWER OF ATTORNEY

This Power of Attorney is granted the …….. day of ……………….., 2041 by us, SFX INDUSTRIES SDN BHD (Company No 100999) of BDC/SEDCO Industrial Estate, Mile 35 Jalan Kulombong, 89350 Inanam, Sabah.

WHEREAS we are the registered owner of all that piece of land described in Country Lease No 015444444, Kota Kinabalu situated at Lot 25999, BDC/SEDCO Industrial Estate, Mile 5 Jalan Kulombong, 89350 Inanam, Sabah (hereinafter referred to as “the Land”).


NOW KNOW ALL MEN BY THIS PRESENTS that we, SFX INDUSTRIES SDN BHD (Company No 109999) hereby appoint the said CHEE SEE WEN (NRIC NO. 6555550-12-5444093) of No 2333318, Taman Mutiara Tiga, Luyang, P O Box 10656, 88807 Kota Kinabalu, Sabah our true lawful Attorney in our name or in the name of our Attorney to do any or all of the following matters or things, to wit:-

(a) To sell, dispose and transfer the Land either by private contract or by public auction for such price as our Attorney shall in his discretion deem fit and upon such terms and conditions and subject to such covenants as the Attorney shall think fit.

(b) To execute all documents such as Sale and Purchase Agreement, Sublease, Tenancy Agreement, Loan Agreement cum Assignment, Charge and undertaking letter to banks or financial institutions and to sign and execute any transfers and other relevant documents and letters.

(c) To negotiate for and obtain loan overdrafts or other credit facilities from any bank or financial institution relating to project development financing, bridging and/or end financing for the development and or construction of the building project or any part thereof on the Land against the security and or collateralisation of the Land or any part thereof for the granting of such loans overdrafts or other credit facilities provided that our Attorney shall ensure that the Lender shall limit our liability up to the realisable value of the Land and that I shall not be made a principal debtor for the loan.

(d) For the purpose of securing repayment of the sum or sums so borrowed as aforesaid to sign and seal and as our the act and deed to deliver such assurance mortgage, assignment, deed and/or charge upon the Land or any part thereof and with and subject to all such covenants and powers and stipulations as our Attorney shall think necessary or proper.

(e) To make and settle the loans overdrafts or other credit facilities advanced by the bank or financial institution so obtained in our Attorney’s name until the whole loans overdrafts or other credit facilities shall have been fully repaid.

(f) To take possession of the Land or any part thereof and commence such works as our Attorney shall consider necessary or expedient.

(g) To warn off and take such action or proceedings as our Attorney shall think fit or necessary to evict squatters from the Land and to warn off and prohibit and if necessary proceed against in due from of law all trespassers on the Land or any part thereof and to take appropriate steps whether by action or otherwise to abate all nuisances thereon.

(h) Generally to do, sign and execute such other acts, things, documents and instruments as may be necessary or expedient in the premises.

(i) For all or any of the purposes of this Power of Attorney to enter into and sign seal execute and perfect as our act and deed, and to deliver any contract assurance undertaking declaration lease surrender release instrument document or deed whatsoever and to draw sign accept and endorse all cheques or orders for payment or money payable.

AND WE hereby rarify and confirm and agree at all times to ratify and confirm whatsoever our Attorney shall lawfully do or cause to be done in or concerning the Land or any part thereof by virtue of this Power of Attorney provided that all payments and costs expended by our Attorney pursuant to the powers granted herein shall solely be borne by our Attorney with no recourse to us whatsoever.

AND WE FURTHER DECLARE that this Power of Attorney granted in pursuance of the arrangement made between ourselves and our Attorney shall remain in full force and effect and shall be irrevocable.

IN WITNESS WHEREOF We hereunto set our hand and seal the day and year first above written.


THE COMMON SEAL of ) (Common Seal)
SFX INDUSTRIES SDN BHD )
(Company No 11119-X) is affixed hereto )
in the presence of:- )
) …………………………………………………
) DIRECTOR
)
)
)
) ……………………………………………..
) DIRECTOR/SECRETARY