NOTARIAL PRACTICE I NOTARIELE PRAKTYK

19 OCTOBERI OKTOBER 2016

ANSWERSIANTWOORDE

PLEASE NOTE THAT THE GUIDELINE ANSWERS TO PREVIOUS PAPERS MAY NOT BE A

CORRECT REFLECTION OF THE LAW AND/OR PRACTICE AT THE MOMENT OF READING.

NOTE TO EXAMINER: Tltis guideline records tlte views of tlte drafters. Tltere may be justifiable

variations in practice wlticlt are brougltt out in tlte answers. Wiren tltis ltappens tlte examiner sltould apply ltis discretion in marking tlte answer.

QUESTION 1

1.1

Protocol No.

NOTARIAL DEED OF CESSION OF RIGHT OF EXTENSION

[In terms of Section 27(6) of Act No. 95 of 1986)

BE IT HEREBY MADE KNOWN

THAT on this the day of

before me

TYRONE TAYLOR

(15]

----

of PIETERMARITZBURG in the Province of KWAZULU-NATAL, a duly admitted and sworn Notary Public, and in the presence of the undersigned witnesses, there appeared

TOM JONES

duly authorized by a Power of Attorney granted to him at Pietermaritzburg on

1. 20 May 2015 by The Trustees of Diamond Haven Body Corporate, they being dulyauthorized by a Resolution of the Members of the BODY CORPORA TE OF DIAMONDHAVENpassed at Pietermaritzburg on 1 0 May 2015(The Body Corporate)

LEGAL EDUCATION AND DEVELOPMENT /L.E.A.DJTM 1

2. 18 May 2015 by Tom Cruise, in his capacity as member of and duly authorized by aResolution of BUZZ TRADE CC, Registration Number CK 2002/005628/23 passed atPietermaritzburg on 14 May 2015(The Cessionary)

which said Powers of Attorney and certified copies of Resolutions have been exhibited to me and are filed in my Protocol with the minute hereof.

AND THE APPEARER DECLARED THAT:-

WHEREAS the Body Corporate is by virtue of a Certificate of Real Right under Section 25(6) of the Sectional Titles Act 95 of 1986 the owner of the Right to Extend the sectional scheme Diamond Haven.

AND WHEREAS in terms of an agreement of sale dated _________ , the Body Corporate with the written consent of all members of the Body Corporate sold the said Right to Extend to the undermentioned Cessionary for the sum of TWO MILLION RAND (R2 000 000.00).

NOW THEREFORE the Appearer on behalf of the Body Corporate hereby cedes in terms of Section 25(6) of the Sectional Titles Act No. 95 of 1986; to

BUZZ TRADE CC Registration Number CK 2002/005628/23 (the Cessionary) Its Successors in Title or Assigns

The Right to erect and complete from time to time within a period of TEN (10) years from date of execution hereof for its personal account a further building or buildings on the specified portion of the common property as indicated on the plan referred to in Section 25(2)(a) of the Act filed in the Deeds Office at Pietermaritzburg and to divide such building or buildings into a section or sections and common property, and to confer the right to exclusive use over a portion of such common property upon the owner or owners of one or more units in the scheme known as Diamond Haven in respect of the land and building or buildings situate at Pietermaritzburg., in the Msunduzi Municipality as shown and more fully described on Sectional Plan Number SS ____ and held by Certificate of Real Right under Section 25(6) of the Sectional Titles Act 95 of 1986, No. SK __ /2015

THUS DONE AND EXECUTED at PIETERMARITZBURG on the day, month and year aforewritten, in the presence of the undersigned witnesses.

AS WITNESSES:

1.

2. q.q. BODY CORPORA TE

q.q. CESSIONARY

QUOD A TTESTOR NOTARY PUBLIC

LEGAL EDUCATION AND DEVELOPMENT {LE.A.DJ TM

(11)

2

1.2 A certificate of Real Right to extend issued in the name of the Body Corporate.

(1)

1.3 Section 25(6) of the Sectional Titles Act No. 95 of 1986:- If no reservation was made by a Developer in terms of Section 25(1 ), or if such reservation was made and for any reason has lapsed, the right to extend a scheme including land contemplated in section 26, shall vest in the Body Corporate which shall be entitled, subject to this section and after compliance, with the necessary changes, with the requirements of paragraphs (a), (b), (c), (d) and (g) of subsection (2), to obtain a certificate of real right in the prescribed form in respect thereof: Provided that the body corporate shall only exercise or alienate or transfer such right with the written consent of all members of the body corporate as well as with the written consent of the mortgagee of each unit in the scheme; provided further that a member or mortgagee shall not withhold such approval without good cause in law. (3)

QUESTION 2

Notarial certificate in terms of s 2(1) (a) (v) of the Wills Act I hereby certify that I have satisfied myself as to the identity of the aforegoing Testator being Mr Matloko Matlhoko (ID number .............. )

[51

and that the aforesaid Will has signed by him in my presence by the making of his mark on this Will. Dated at .............................. this ........................... day of ............ ............. .

QUESTION 3

NOTARY PUBLIC

ANTENUPTIAL CONTRACT

[201

Protocol No /2015 ---

BE IT HEREBY MADE KNOWN on this 2nd day of OCTOBER 2015 before me, ______ , Notary, practising at CAPE TOWN in the Province of the Western Cape, personally came and appeared

1. KATLEGO MABOE

and

Identity Number 900403 5567 084Unmarried ("the husband")

2. ALICIA BROWNBorn on 30 May 2009An unmarried minor ("the wife")

AND the husband and the wife declared that whereas a marriage has been agreed upon and is intended to be solemnised between them, they have agreed and now contract with each other that their marriage shall be out of community of property in terms of this antenuptial contract as follows:

LEGAL EDUCATION AND DEVELOPMENT /L.E.A.DJ TM 3

1. That community of property and community of profit and loss are excluded from theirsaid intended marriage (hereinafter referred to as "the marriage" forconvenience).

2. That their marriage shall be subject to the accrual system specified in Chapter 1 ofthe Matrimonial Property Act, 1984 (Act No. 88 of 1984) ["the Act"] and theprovisions of the accrual system specified in the said Chapter 1 of the said Act shallapply to their marriage as if the same were actually repeated in this antenuptialcontract provided that no accrual claim shall arise at the instance of either spouseuntil a child is born of the intended marriage.

3.1 In determining the accrual of the estate of the husband the value of all benefits which the husband is (in the past, at the date hereof and in the future) entitled to under the existing Mabee Family Trust No IT704/1996 as well as the donation referred to in 5 below are hereby excluded from the commencement value of his estate and shall be excluded from the end value of his estate and all liabilities presently associated therewith or any asset acquired by him by virtue of his possession from time to time of such benefits shall not be taken into account as part of his estate at either the commencement or dissolution of their marriage.

3.2 In referring the accrual of the estate of the wife, all investments in her name in the past, as at date hereof and in the future (being up to date when the accrual system becomes operational as stipulated in 2 above) are evenly excluded from the commencement value of her estate and shall be excluded from the end value of her estate and all liabilities presently associated therewith or any asset acquired by her by virtue of her possession from time to time of such investments shall not be taken into account as part of her estate at either the commencement or dissolution of the marriage.

4. I, the said, husband, in anticipation of the solemnisation of my marriage to the wife dohereby make this my last will.

4.1 I revoke all previous wills and testamentary writings heretofore made by me;

4.2 I appoint ALICIA BROWN to be the sole and universal heiress of my entire estate;

4.3 Should ALICIA BROWN not survive me then and in that event only I appoint in her place the child (or children should there be more than one) to be born of our marriage to be the sole and universal heir or heirs as the case may be of my entire estate. If any such child of mine shall be a minor my Trustee hereinafter appointed shall retain his/her share of my estate and invest it and reinvest it in any assets my Trustee deems fit and use so much of the income and capital as my Trustee deems necessary for any such minor child's maintenance, education and well-being and pay him/her the capital and any accumulated income when he/she reaches the age of 21 years. Should there be no children born of the marriage to take in place of ALICIA BROWN in terms of this clause my entire estate shall devolve upon my intestate heirs.

4.4 I appoint ALICIA BROWN to be the executrix of this my Will and failing her before or after she has been appointed as executrix, I appoint my brother LESEGO MABOE in his stead as the executor of my Will and Trustee of any Trust established in terms of sub-paragraph (4.3) above, hereby granting unto my executrix/executor all

LEGAL EDUCATION AND DEVELOPMENT /L.E.A.DJ TM 4

powers allowed in law especially the power of assumption and I direct that neither my executrix or executor or trustee shall be required to furnish security to the Master of the High Court under any law presently in force or hereafter in force requiring an executor or trustee to furnish security.

4.5 Should my marriage to ALICIA BROWN for any reason whatsoever not be solemnised this Will shall become of no force or effect whatsoever.

5. The said ALICIA BROWN by her signature hereto donates to the husband the sum ofFIFTY THOUSAND BRITISH POUNDS (£50 000,00) payable on solemnisation oftheir marriage and the husband hereby accepts such donation.

6. The parties record that, simultaneously with the execution of this contract, they willexecute a statement in terms of section 6(1) of the Act, reflecting the net values oftheir respective estates at the commencement of their intended marriage.

7. It is recorded that the wife is a minor, but her parent and guardian JOHN BROWN hasgiven his written consent for the wife to enter into this agreement and to make thedonation in clause 5 above, such consent having been filed in the notary's protocol.

B. The matrimonial property dispensation of the parties shall be governed by SouthAfrican law.

THUS DONE, CONTRACTED AND AGREED at CAPE TOWN on the day, month and year first before written in the presence of the undersigned witnesses.

AS WITNESSES:

1.

2.

KMABOE

A BROWN

QUOD A TTESTOR

NOTARY

(Note to examiner: As a will is included it would be as well for all parties to sign all pages of the antenuptial contract)

QUESTION 4

PROTOCOL No.

NOTARIAL DEED OF SERVITUDE

BE IT HEREBY MADE KNOWN:-

(101

THAT on before me, HANS WYLIE, Notary Public, by lawful authority duly admitted and sworn, residing and practising at DURBAN, in the PROVINCE OF KWA-ZULU NATAL, REPUBLIC OF SOUTH AFRICA, and in the presence of the subscribing witnesses, personally came and appeared:

LEGAL EDUCATION AND DEVELOPMENT /L.E.A.DJ Tiu 5

SHARON JACOBS

acting under authority of the Special Powers of Attorney in favour of the Appearer granted by:

1. DEON ANDRIES

Identity Number 670526 5531 08 5Married out of community of property

and

LIZETTE ANDRIES

Identity Number 680923 0029 08 2Married out of community of property

(hereinafter with their heirs, executors administrators or assigns referred to as "theOwner")

which Power of Attorney was signed at Durban on the

and by:

2. CLIVE MUNIEN

in his capacity as Senior Manager: Acquisitions, Real Estate Unit acting herein for theeThekwini Municipality, duly authorised hereto under the Interim Code of Delegationsand Related Matters approved on the 5th April 1993 and by virtue of a resolution passedon 10 April 2000 by the eThekwini Council (as successor to the Durban MetropolitanCouncil), acting herein for and on behalf of

eTHEKWINI MUNICIPALITY(hereinafter with its assigns referred to as "the Municipality")

which Power of Attorney was signed at Durban on the

which said Powers of Attorney and certified copy of resolution are filed in my protocol with the Minute hereof.

AND THE SAID APPEARER DECLARED THAT:

WHEREAS the Owner is the registered owner of the following property, namely:-

Erf 786 Westville Registration Division FT, Province of KwaZulu-Natal In extent 2 030 (Two Thousand and Thirty) square metres Held under Deed of Transfer T4979/2007 (hereinafter referred to as "the property")

AND WHEREAS in terms of a servitude agreement concluded on the 13 December 2011 between the Owner and the Municipality, the Municipality acquired the rights to a proposed Water Pipeline Servitude over the property for the purpose of conveying water for public purposes.

AND WHEREAS the Owner has agreed to grant the Municipality the said Water Pipeline Servitude in perpetuity.

LEGAL EDUCATION AND DEVELOPMENT {L.E.A.DJTl\l 6

AND WHEREAS in order to secure the rights which the Owner has agreed to grant to the Municipality, it is necessary to incorporate the grant thereof in a Notarial Deed and to cause the same to be registered against the Title Deed of the property.

NOW, THEREFORE, THESE PRESENTS WITNESS

1.

The Owner does hereby create, give and grant, in perpetuity, to the Municipality, its successors in title or assigns, a Six (6) metre wide Water Pipeline Servitude over

Erf 786 Westville Registration Division FT, Province of KwaZulu-Natal In extent 2 030 (Two Thousand and Thirty) square metres Held under Deed of Transfer T 4979/2007

which said Six (6) metre wide Water Pipeline Servitude is parallel to and along the entire length of the boundary line A B, commencing on the boundary DA and terminating on the boundary BC as appears on the consolidated diagram SG 3803/1985.

2.

The existing ground levels over the servitude area shall not be altered, nor any buildings or structures erected over or in close proximity to the servitude, without the prior written approval of the Municipality.

3.

3.1 Any damage to the land or buildings or erections comprising the remainder of the Owner's property caused by the negligence of the Municipality, its agents or servants when installing or maintaining the service shall be made good by and at the expense of the Municipality.

3.2 Any damage caused to existing services or any future services to be laid within the servitude as a result of any action attributable to the Owner or to the Owner's agents will be rectified by the Municipality at the expense of the Owner.

4. The Municipality, its agents or servants shall have unrestricted access to the servitude at all times from date of registration of this Notarial Deed.

5.

The Municipality shall upon registration of this Notarial Deed in the Office of the Registrar of Deeds pay to the Owner, as consideration for the right granted in terms hereof, the sum of R18 000,00 (EIGHTEEN THOUSAND RAND) excluding Value Added Tax in full and final settlement.

6.

All costs of and incidental to the registration and preparation of this Notarial Deed of Servitude, together with the costs of survey and the preparation of diagrams shall be borne by the Municipality.

AND the Appearer, on behalf of the Municipality, further declared that the Municipality hereby accepts the benefit of this servitude.

LEGAL EDUCATION AND DEVELOPMENT /L.E.A.DJ TM 7

THUS DONE AND EXECUTED at DURBAN on the day, month and year aforewritten, in the presence of the undersigned witnesses and me the Notary.

AS WITNESSES:

1.

2.

APPEARER

QUOD A TTESTOR

NOTARY PUBLIC

QUESTION 5 [10)

5.1 A personal servitude is a real right. Real rights are concerned primarily with the relationship between a person and property, whereas personal rights are concerned with the relationship between persons. A personal servitude thus binds particular property, whereas a personal right binds a particular person. A personal servitude is a servitude registered against immovable property in favour of a person, and binds the successors in title to the property, whereas a personal right cannot be registered (unless the proviso to sect 63(1) in respect of ancillary and complementary conditions applies). Probably as a result of the decision in the matter of Registrar of Deeds v Ferreira Deep 1930 AD 169, which held that a certain class of personal rights are indeed registerable, section 102 of the ORA defines a real right as inclusive of any right which upon registration becomes a real right.

Our courts have developed a two-fold test:

• There must be an intention to bind or burden not only the present owner of theland, but also his successors in title (see fi Nel v CIR 1960 (1) SA 227 (A))

• The nature of the right or condition must be such that its registration results in a"subtraction of dominium" of the land against which it is registered. (see fiLorentz v Melle 1978 (3) SA 1044 T)

In Ex Parle Geldenhuys 1926 OPD 155 the court explained it thus:

"One has to look not so much to the right, but to the correlative obligation. If that obligation is a burden on the land, a subtraction from the dominium, the corresponding right is real and registerable; if it is not such an obligation, but merely an obligation binding on some person or other, the corresponding right is a personal right, or right in personam, and it cannot as a rule be registered."

(7)

5.2 As provided for in section 65(1) of the ORA, a servitude in favour of the general public may be created by notarial deed executed only by the owner of the land burdened by the servitude, if in the discretion of the Registrar it is impracticable to require the deed to be executed by all parties entitled thereto.

Such right of way may also be created in the Power of Attorney given by the owner of the land upon the first transfer of the subdivision which it serves, without the necessity of any notarial executed deed. (3)

LEGAL EDUCATION AND DEVELOPMENT /L.E.A.D/ n1 8

QUESTION 6 [201

Special (Security by Means of Movable Property Act No. 57 of 1993) and General Notarial Bond

In favour of

XYZ Bank Limited Registration Number

BE IT HEREBY MADE KNOWN

THAT on the XXX, before me -

XXX

Notary Public, duly sworn and admitted, residing and practising at XXX in the Province of Western Cape, personally came and appeared XXXX she being duly authorised thereto by means of a power of attorney signed at XXX on XXX, and granted to her by JACK SPRAT on behalf of-

The Trustees for the time being of The ABC Trust Registration Number IT / by virtue of Letters of Authority issued by the Master of XXX dated XXX ("the Mortgagor') he being duly authorised by virtue of a resolution passed at XXX on XXX by the said Trustees for the time being of The ABC Trust Registration Number IT .... , being Jack Sprat residing at.. ........ and carrying on business at.. ........ , Jill Sprat residing at.. ........ and carrying on business at. ......... and Mary Rose residing at. ......... and carrying on business at. ........ .. And which power of attorney and a certified copy of which resolution have been exhibited to me, the Notary Public, and now remains filed in my protocol.

AND THE APPEARER on behalf of the Mortgagor declared that the under-mentioned Mortgagee has acceded to the Mortgagor becoming indebted to the Mortgagee from diverse causes including, inter a/ia, financial facilities allowed the Mortgagor and various other causes as more fully set out in clause ..... hereof, upon the special condition of receiving the security of this bond which covers the Mortgagor's indebtedness to the said Mortgagee at any time up to, but not exceeding, the sum of-R20 000 000,00 (Twenty Mil lion Rand)

together with interest thereon and the Additional Sum as referred to hereunder, and upon the further conditions hereinafter set forth.

AND THE APPEARER, on behalf of the Mortgagor, declared the Mortgagor to be truly and lawfully indebted and held and firmly bound to and in favour of -

XYZ BANK LIMITED Registration Number

its order, successors in title and assigns ("the Mortgagee"), in the sum of -R20 000 000,00 (Twenty Million Rand) ("the Capital") arising from the causes herein mentioned.

LEGAL EDUCATION AND DEVELOPMENT {L.E.A.DJ TM 9

AND THE APPEARER, on behalf of the Mortgagor, renounced (to the extent not prohibited by the National Credit Act, 2005 ("the Act")) the legal exceptions non numeratae pecuniae, non causa debiti, enure calculi, revision of accounts, no value received and the benefit of excussionis et divisionis and, where applicable, the benefit of de duobus vet pluribus reis debendi, with the force and effect of which he declared the Mortgagor to be fully acquainted, and all other exceptions which could or might be taken to the Mortgagee's claim for payment of all or any of the amounts secured hereunder, and hereby promised and undertook to pay the Mortgagee the Capital together with interest and all other amounts owing to or claimable by the Mortgagee, arising from the causes aforementioned, calculated in terms of such subsequent variation agreed in writing between the Mortgagee and Mortgagor.

AND AS SECURITY for the payment of XXX R5 000 000,00 (Five Million Rand) ("the Additional Sum") to cover contingent costs and disbursements;

the Appearer declared to bind:

A. Specially in terms of the Security by means of Movable Property Act No. 57 of 1993 theMortgagor's Movable Assets being

Porsche 1, 2013 model, Registration number CA..... Chassis No. . .... , Engine Number ........ . Porsche 2, 2013 model, Registration number CA ..... Chassis No ...... , Engine Number ........ . together with all equipment necessary to enable it to function in a proper and effective manner -

Physical address of Assets:

Submitting them all and the choice thereof to constraint and execution as the law directs and

B. Generally the Mortgagor and all the Mortgagor's movable assets of every description andof whatsoever nature and wherever situate, and such as the Mortgagor now possesses ormay at any time in the future become possessed of without exception;

A and B (collectively referred to as the "Movable Assets" or "the Movable Assets'\ as the context requires), submitting them all and the choice thereof to constraint and execution as the law directs.

AND THE APPEARER, on behalf of the Mortgagor, declared to bind the Mortgagor to the following conditions namely -

LEGAL EDUCATION AND DEVELOPMENT {L.E.A.DJ ni 10

1 LOAN AMOUNT AND INTEREST 2 PLACE OF PAYMENT 3 CONTINUING COVERING SECURITY 4 OTHER SECURITY 5 FURTHER BONDS 6 PAYMENT OF RENTALS AND CHARGES 7 RIGHT OF INSPECTION 8 MAINTENANCE AND INSURANCE 9 BOOKS OF ACCOUNT 10 INVENTORIES 11 SCHEDULE OF DEBTORS 12 NOTICE TO LANDLORDS AND WAIVER 13 DISPOSAL AND REMOVAL OF MOVABLE ASSETS 14 ACCEPTANCE 15 BREACH 16 SEVERABILITY 17 INDULGENCES 18 GENERAL 19 CERTIFICATE OF INDEBTEDNESS 20 DOMICILIUM CITANDI ET EXECUTANDI AND NOTICES 21 JURISDICTION 22 COSTS

TI-IUS DONE AND EXECUTED at CAPE TOWN on the day, month and year first aforewritten.

WITNESS

WITNESS

qq (Signature of Appearer)

QUOD A TTESTOR NOTARY PUBLIC

(10) 6.2

Prepared by me

Conveyancer

CONSENT TO RELEASE

I, the undersigned

XXX

duly authorised hereto by a Resolution of Directors oi

LEGAL EDUCATION AND DEVELOPMENT (L.E.A.D/ TM 11

XYZ BANK LIMITED

Registration Number __ _

the legal holder of the undermentioned Notarial Bond:

NUMBER:

PASSED BY:

IN FAVOUR OF:

FOR THE SUM OF

BN / 2013

The trustees for the time being of The ABC Trust

Registration Number IT

XYZ BANK LIMITED

Registration Number __ _

R20 000 000,00 (Twenty Million Rand) together with a further sum of RS 000 000,00 (Five Million Rand) to secure contingent costs and payments

DO HEREBY CONSENT TO THE RELEASE FROM THE OPERATION OF THE SAID NOTARIAL BOND OF THE FOLLOWING MOVABLE ASSET HYPOTHECATED THEREUNDER, NAMELY:

Porsche 1, 2013 Model, Registration number CA ..... Chassis No ...... , Engine Number ........ .

DATED at on

AS WITNESSES:

1.

2.

NOTARIAL COLLATERAL BOND

BE IT HEREBY MADE KNOWN:

THAT on before me

XXX

Notary Public, duly sworn and admitted, residing and practising at XXX in the Province of Western Cape, personally came and appeared XXXX she being duly authorised thereto by means of a power of attorney signed at XXX on XXX, and granted to her by JACK SPRAT on behalf of-

LEGAL EDUCATION AND DEVELOPMENT {LE.A.DJ TM 12

The Trustees for the time being of The ABC Trust Registration Number IT I by virtue of Letters of Authority issued by the Master of XXX dated XXX

("the Mortgagor'')

he being duly authorised by virtue of a resolution passed at XXX on XXX by the said Trustees for the time being of The ABC Trust Registration Number IT .... , being Jack Sprat residing at.. ........ and carrying on business at. ......... , Jill Sprat residing at.. ........ and carrying on business at. ......... and Mary Rose residing at. ......... and carrying on business at.. ........ . And which power of attorney and a certified copy of which resolution have been exhibited to me, the Notary Public, and now remains filed in my protocol.

The said Appearer on behalf of The Mortgagor declared that the Mortgagor is truly and lawfully indebted and held and firmly bound to in favour of

XYZ BANK LIMITED Registration Number

(hereinafter referred to as the Mortgagee)

in the sum of R20 000 000,00 (Twenty Million Rand) (The Capital) arising from and being so much money already lent and advanced by the Mortgagee to the Mortgagor as security for which indebtedness the Mortgagor has registered Notarial Bond BN /2013 (The Principal Bond) in the Deeds Registry at XXX over the movable property thereby especially hypothecated.

The Mortgagee consented to the release of one of the bonded vehicles from the said Notarial Bond on condition that substitute security be provided and the Mortgagee further requires the indebtedness of the Mortgagor under the Principal Bond to be further secured by the hypothecation of the undermentioned movable property as collateral security for the said loan.

The Appearer on behalf of the Mortgagor renounced to the extent not prohibited by the National Credit Act, the legal exceptions non numeratae pecuniae, non causa debiti, error calculi, revision of accounts and no value received with the force and effect of which he declared the Mortgagor to be fully acquainted, and all other exceptions which could or might be taken to the Mortgagee's claim for payment of all or any of the amounts secured thereunder.

The Appearer by these presents further declared and acknowledged the Mortgagor to be held and firmly bound to and in favour of the Mortgageee, its Orders, Successors in title and assigns in the aforesaid sum of R20 000 000,00 (TWENTY MILLION RAND) as a preferent charge for costs and other charges as more fully set out in the Principal Bond.

As collateral security for the due and proper repayment of the aforesaid sums with interest on the said capital sum and for the due and proper fulfillment of all the terms and conditons mentioned or referred to in the Principal Bond, the Appearer therefore on behalf of the Mortgagor declared to cede and assign to the Mortgagee and to pledge, hypothecate and bind specially in terms of the Security by means of Movable Property Act No. 57 of 1993 the following movable assets of the Mortgagor:

Vehicle 1, 2015 Model, Registration number CA. .... Chassis No ...... , Engine Number ........ .

Vehicle 2, 2015 Model, Registration number CA ..... Chassis No . ..... , Engine Number ........ .

together with all equipment necessary to enable it to function in a proper and effective manner

Physical address of Assets:

LEGAL EDUCATION AND DEVELOPMENT [L.E.A.DJ TM 13

AND THE Appearer on behalf of the Mortgagor further declared that this Notarial Collateral Bond shall be subject to all the terms and conditions set out in the Principal Bond as fully and effectually as if the same had been inserted herein and to the special condition that upon payment and discharge of all obligations secured under the Principal Bond, including future debts generally and any advances or re-advances made under clause . . . of the Principal Bond, this Notarial Collateral Bond shall be null and void but shall otherwise be and remain in full force and effect.

THUS DONE AND EXECUTED at CAPE TOWN on the day, month and year aforesaid in the presence of the undersigned witnesses.

AS WITNESSES:

1

2.

QUOD ATTESTOR

NOTARY PUBLIC {10)

QUESTION 7 [101

7.1 The holder or some person authorised to accept payment on his behalf, must exhibit the bill to the person from whom he demands payment and if it is paid, he must deliver it forthwith to the party paying it. It must be at a reasonable hour on a business day at the proper place either to the person designated as the payer, or to some person authorized to pay or refuse payment on his behalf, if with the exercise of reasonable diligence such person can be found. If the bill is drawn upon or accepted by two or more persons who are not partners and no place of payment is specified, presentment must be made to them all. If the drawer or acceptor of a bill is dead and no place of payment is specified, presentment must be made to the executor, if there is one, and with the exercise of reasonable diligence he can be found. Presentment by post, if in

7.2

due course, is sufficient. (2)

a) A BILL OF EXCHANGEA Bill of Exchange is an unconditional order in writing, addressed by oneperson to another, signed by the person giving it, requiring the person to whomit is addressed to pay on demand, or at a fixed or determinable future time, asum certain in money to a specified person or his order, or to bearer. (2)

b) A PROMISSORY NOTEA Promissory Note is an unconditional promise in writing made by one personto another, signed by the maker, and engaging to pay on demand or at a fixedor determinable future time, a sum certain in money, to a specified person orhis order, or to bearer. (2)

c) ACCEPTANCE OF A BILL

LEGAL EDUCATION AND DEVELOPMENT [L.E.A.DJTM 14

Acceptance of a Bill is the contract of the acceptor consisting of his acceptance of the order of drawer of the bill and undertaking to the holder to pay the bill when due. (2)

d) ENDORSEMENTEndorsement means any signature on a bill whether it is placed on it as areceipt, or by way of identification, or in order to effect a negotiation or incurliability. (2)

QUESTION 8 [1 OJ

8.1 NOTARIAL DEED OF VARIATION TO

A NOTARIAL DEED OF TRUST

BE IT HEREBY MADE KNOWN:

THAT on this 10th day of June 2016 before me PETER BROWN Notary Public by lawful authority duly sworn and admitted, practising at Pretoria, in the Province of Gauteng, personally came and appeared:

1. ALLAN KING

AND

Identity Number 700503 5022 083(hereinafter referred to as ''the FOUNDER")

2.1 JAMES NOD Identity Number 801003 5409 081

and 2.2 RODNEY BESTER

Identity Number 731212 5067 083 (hereinafter referred to as "the ORIGINAL TRUSTEES")

*If the beneficiaries have accepted benefits under the trust, they have to be a party to thisvariation.AND

3. SYDNEY VENTERIdentity Number 691113 5021 081(hereinafter referred to as the additional trustee)

AND THE SAID APPEARERS DECLARED THAT

WHEREAS the FOUNDER and the original Trustees entered into a Notarial Deed of Trust before the Notary, JACK SMITH at Pretoria on the 8th April 2005 in terms of which the ALLAN KING FAMILY TRUST ("hereinafter referred to as the TRUSr") was created and the original TRUSTEES were appointed TRUSTEES thereof;

LEGAL EDUCATION AND DEVELOPMENT /L.E.A.DJ -rr.1 15

•

AND WHEREAS the FOUNDER and the original TRUSTEES wish to appoint SYDNEY VENTER as an additional TRUSTEE of the TRUST.

AND WHEREAS there is no provision in the said deed for the appointment of an additional TRUSTEE;

NOW THEREFORE it is hereby agreed that with effect from the date of execution hereof, the Deed of Trust dated 8 April 2005 is hereby amended as follows:

1. Clause 4 of the Deed of Trust is hereby amended by increasing the minimummember of trustees from two to three.

2. The remaining provisions of the Deed of Trust will remain applicable, mutatismutandis.

It is further agreed that SYDNEY VENTER be and is hereby appointed as an additional trustee.

AND the said SYDNEY VENTER hereby accepts his appointment as an additional TRUSTEE subject to the terms and conditions set out in the said Deed of Trust.

THUS DONE AND EXECUTED by the APPEARERS on the date aforementioned at PRETORIA before me the NOTARY and in the presence of the undersigned witnesses.

AS WITNESSES

1.

THE FOUNDER 2.

TRUSTEE

TRUSTEE

SYDNEY VENTER

(8)

8.2 The Notarial Deed of Variation must be registered with the Master of the High Court at Pretoria. (1)

8.3 The newly appointed Trustee will have the authority to act on behalf of the Trust once new Letters of Authority are issued by the Master of the High Court. (1)

TOT AL: (100]

LEGAL EDUCATION AND DEVELOPMENT {L.E.A.DJTM 16