Encumbrancee definition
Examples of Encumbrancee in a sentence
Without limiting the rights of the Encumbrancee to recover the Rentcharge pursuant to this Encumbrance, any breach of this covenant will found an action for breach of covenant and the Encumbrancer and Encumbrancee agree will also provide grounds for injunctive relief to compel performance or to prevent any use of the Land other than for the Purpose.
The Encumbrancee has provided or is providing funding to the Encumbrancer to enable the development of the Land and/or the use of the Land for public housing and requires this Encumbrance to be registered on the Land to ensure that the Land continues to be used for public housing purposes including on any transfer of the Land by the Encumbrancer to a third party.
C The Encumbrancer has agreed to encumber the Land for the benefit of the Encumbrancee as set out in this Encumbrance.
The Payer covenants in favour of the other parties that it will not grant any Encumbrance over the Tenements or this deed unless the Encumbrancee executes a deed of covenant to which the other parties are parties under which the Encumbrancee agrees to be bound by the terms of this deed in exercising the Encumbrancee’s powers or remedies under the Encumbrance, as if it was a party to this deed.
The Encumbrancer encumbers the Land for the benefit of the Encumbrancee for the annual rent charge of $100.00 to be paid in one annual sum on the anniversary of the date of registration of this Instrument.
The Security Trustee or Receiver may exercise any of the powers conferred upon the Security Trustee or the Receiver in conjunction with the exercise of similar powers by any other Encumbrancee of the Charged Property or part thereof or by any receiver appointed by such other Encumbrancee and may enter into and give effect to such agreements and arrangements with such other Encumbrancee or receiver as the Security Trustee or Receiver thinks fit.
RENTCHARGE 5 Subject to clause 5 below, the Rentcharge is payable by the Encumbrancer to the Encumbrancee on 31 March every calendar year.
The Payer covenants in favour of the Payee that it will not grant any Encumbrance over this agreement unless the Encumbrancee executes an Assumption Agreement under which the Encumbrancee agrees to be bound by the terms of this agreement in exercising the Encumbrancee’s powers or remedies under the Encumbrance, as if it was a party to this agreement.
Each Tenement Holder covenants in favour of the other parties that it will not grant any Encumbrance over the Tenements or this deed unless the Encumbrancee executes a deed of covenant in favour of the other parties under which the Encumbrancee agrees to be bound by the terms of this deed in exercising the Encumbrancee’s powers or remedies under the Encumbrance, as if it was a Tenement Holder.
T E 16 The Encumbrancee consents to the registration of any subsequent mortgage, variation of a subsequent mortgage, discharge of a subsequent mortgage, easement, variation of easement and/or surrender of easement to be registered against the title of the Land (or any part of it).