Power of Attorney (Purchase of Property)

DATED THIS                          DAY OF                                                       20

MADE BETWEEN

AND

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POWER OF ATTORNEY

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[Ref:                                         ]

POWER OF ATTORNEY

THIS POWER OF ATTORNEY is given this            day of                           20     by [Name] (NRIC No. ) and [Name] (NRIC No. ) both of [Address] *hereinafter called “the Donor”).

WHEREASE:-

(1)               The Donor is the registered proprietor of all that piece of land known as Lot No. 599, Perai Tengah, Penang comprised in Geran No (hereinafter called “the said land”).

(2)        By a Sale and Purchase Agreement dated the                    day of

            20     (“the Sale and Purchase Agreement’) made between the [Company Name] (3-A), a company incorporated in Malaysia and having its registered office at [Address](“the Purchaser”), the Donor sold to the Purchaser and the Purchaser purchased the said Land upon the terms and conditions therein stipulated.
(3)            Pursuant to clause 8.4 of the Sale and Purchase Agreement, the Donor has agreed to appoint the Purchaser and/or its duly authorised officers, managers and/or directors as its attorney or attorneys for and on his behalf to carry out and effect any of the following powers duties and deeds herein stipulated.

NOW THIS INSTRUMENT WITNESSETH that in consideration of the Purchaser agreeing to purchase the said Land from the Donor at the price and upon the terms and conditions stipulated in the Sale and Purchase Agreement and pursuant to Clause 8.4 of the Sale and Purchase Agreement, the Donor hereby NOMINATES AND APPOINTS the Purchaser and/or its authorised officer(s), manager(s) and/or director(s) as the case may be jointly and severally to be his lawful attorney or attorneys (“the Attorney(s)”) for and in the name of the Donor or in his own name or otherwise as the law may require to do and execute all or nay of the following acts deeds and things as and when the Attorney(s) or any of them shall deem fit at the cost and expense of the Purchaser PROVIDED ALWAYS THAT  the Attorney is not empowered to sell, transfer, lease, charge or assign the said Land in any manner:-

1.                  To apply to the relevant authorities and/or the Land Office for conversion and/or rezoning of the said Land;

2.                  To apply for subdivision of the said Land in any manner as the Attorney(s) shall deem fit;

3.                  To prepare execute submit and/or apply to the relevant authorities at the cost and expense of the Purchaser all such applications, approvals for plans (including inter alia layout plans, development plans, building plans and survey plans) and drawings, notices, consents, instruments, letters and/or any other documents whatsoever as the Attorney(s) may deem fit for the purpose of any proposed development to be effected on the said Land by the Purchaser;

4.                  To receive all notices letters and/or any other documents which may be sent to the Donor by the relevant authorities in respect of the aforesaid applications plans or documents submitted by the Attorney(s) hereunder;
5.                  To assent or appeal (if the Attorney(s) so deem fit) to any amendments and/or variations made by the relevant authorities to the plans drawings and/or applications submitted by the Attorney(s) hereunder;

6.                  to concur in doing any of the acts and things herein contained with any person or persons interested in the said Land;

7.                  To assent and consent to any and all applications by the Purchaser for any licences, approvals and or permits related to or in connection with the development of the said Land including but not limited to the Purchaser’s application for Housing Developer’s licence and advertising permit from the appropriate ministry of the Government of Malaysia.

AND generally to do all acts and things and sign and execute all such documents as may be necessary for effectuating any of the purpose aforesaid as fully and completely as the Donor himself could do if personally present.
AND the Donor hereby undertakes at all times to ratify whatsoever the Attorney or Attorneys shall lawfully do or cause to be done in or concerning the premises by virtue of this Power of Attorney.

AND the Donor hereby confirm and declare that the Power of Attorney herein granted is given for valuable consideration under the terms of the Sale and Purchase Agreement and is therefore not revocable by the Donor without the prior written consent of the Purchaser.

This Power of Attorney shall automatically lapse and be null and void in the event that the Sale and Purchase Agreement is terminated for any reason whatsoever.

IN WITNESS WHEREOF the Donor have hereunto set his hand the day and year first above written.

Signed by [Name]            )

In the presence of:-                                     )

Signed by [Name] @                       )

[Name] in the                             )

Presence of:-                                             )

I, [Name], an Advocate & Solicitor of the High Court of the States of Malaya practising in Penang hereby testify that the signatures of the Donor abovenamed were written in my presence on this                   day of                                       20     and are according to my own personal knowledge the true signatures of [Name] and [Name] who have acknowledged to me that they are of full age and that they have voluntarily executed this instrument.

As witness my hand,

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