- During the continuance of this encumbrance the encumbrancer shall not upon the said land or in respect thereof:
a. Keep unpainted or untreated any metal and without limiting the generality thereof any galvanised steel products, galvanised iron or aluminium forming part of any dwelling house, outbuilding, gate or other structure.
b. Erect or suffer to be erected any outbuilding or any other structure that does not reflect the colour of the main dwelling.
c. Erect any transportable home or dwelling house.
d. The encumbrancer will not erect any temporary accommodation on the land or live in any temporary accommodation on the land including caravans or other portable accommodation unit or temporary dwelling house.
- The Encumbrancer must not park or store a caravan or any other type of vehicle of more than two tons on the allotment unless the vehicle is completely enclosed behind the facade of the main building erected on the allotment
- Provided always and it is hereby agreed and declared by and between the Encumbrancee and the Encumbrancer that:-
a. in the event that the Encumbrancer shall sell or agree to sell the estate or interest of the Encumbrancer in the said land the Encumbrancer shall obtain from the intending purchaser or transferee of the land the subject of the sale or transfer a binding agreement to execute and lodge for registration under the provisions of the Real Property Act 1886 (as amended) forthwith after the registration of the Memorandum of Transfer in respect of the said land the subject of the sale or transfer a Memorandum of Encumbrance containing the same or substantially similar covenants and other stipulations as are contained with the substitution of:
(i) the name and address and description of the intending purchaser or transferee of the said land or such part or portion thereof subject to the sale or transfer as Encumbrancer
(ii) a description of the said land subject to the sale or transfer in a form required for registration
(iii) such further or other consequential amendments as may be required for registration.
b. Subject to compliance with part a. of this clause, the Encumbrancer and the successors in title of the Encumbrancer shall be successively released and discharged from the payment of the said annuity and from the observance and performance of the covenants terms and conditions and other stipulation’s herein contained and applied forthwith upon ceasing to be the registered proprietor of the said land to the extent that the said annuity and the covenants terms and conditions and other stipulation’s shall be binding only upon the registered proprietor of the said land.
- The Encumbrancer agrees that any Encumbrance made between the Encumbrancer and the Encumbrancee containing these or similar covenants and registered on the Certificate of Title may at the option of the Encumbrancee be temporarily withdrawn or substituted in order to allow a mortgage or other document priority and the Encumbrancer shall bear the costs in all things of the temporary withdrawal or substitution thereof.
- The Encumbrancee reserves the right to fully discharge the Memorandum of Encumbrance at the request and cost of the Encumbrancer providing all of the relevant covenants have been complied with.
- The Encumbrancer hereby indemnifies the Encumbrancee and agrees to keep it forever indemnified in respect of the whole of its costs and expenses of and incidental to the negotiations preparation stamping and registration of this encumbrance and the implementation of its terms.
- Any notice or demand to be given to or made upon the Encumbrancer herein may be given or made by posting or delivering the same in writing signed by any officer or solicitor or agent for and on behalf of the Encumbrancee to or at the registered office for the time being of the Encumbrancer or (in the case the Encumbrancer for the time being is not a corporation), by posting or delivering the same so signed to or at the Encumbrancer’s last known place of business or abode in South Australia and any notice posted under this Encumbrance shall be deemed to have been received in due course of post.
- The Encumbrancee may from time to time in its absolute discretion modify waive or release any of the covenants and other stipulations expressed or implied in any Memorandum of Encumbrance or other instrument whatsoever relating to any other land in the same plan of division and whether the same where entered into or imposed before or at the same time as or after the date hereof and no modification or waiver or release shall release the Encumbrancer or his successor in title from the covenants and other stipulations herein contained and implied.
- No waiver by the Encumbrancee of any breach of any covenant or condition of this encumbrance or grant of any time or indulgence by the Encumbrancee in relation thereto shall operate as waiver of another breach of the same or any other covenant or condition of this encumbrance or any right, action or remedy of the Encumbrancee.