✨ Loan Security Agreement
414
THE NEW ZEALAND GAZETTE.
[No. 14
or about the exercise by the grantee or his agent of the powers hereby conferred or
any of them in the event or on the occasion of such exercise at any time hereinbefore
contemplated, or at any time or on any occasion when he may reasonably be induced
to believe that he is entitled to exercise the powers aforesaid.
-
This security and the security or securities mentioned in the Second Schedule
hereto are held by the grantee as collateral securities for the moneys or some part of
the moneys expressed or intended to be hereby secured. -
All the covenants, provisos, agreements, and powers directed by statute to
be implied either in instruments generally or in instruments by way of security, or in
instruments by way of security over stock, crops, or wool shall be implied herein,
modified only so far as the same or any of them are modified by these presents either
expressly or by necessary implication.
And this deed further witnesseth as follows:—
- For the consideration aforesaid the grantor(s) doth (do) hereby irrevocably
while any moneys shall remain owing on the security of these presents, nominate,
constitute, and appoint the grantee to be the attorney of the grantor(s) for and in the
name of or otherwise on behalf of the grantor(s) to do, execute, and perform all and
every act, matter, deed, and thing which the grantee as such attorney may deem
necessary or expedient for more fully and perfectly assigning to the grantee or to any
purchaser from the grantee the stock and chattels for the time being subject to this
security or intended so to be, including any stock or chattels which may be reduced
into possession by the grantee pursuant to the powers in that behalf herein contained,
expressed, or implied for performing or carrying into effect any covenant by the
grantor(s) herein contained, expressed, or implied.
And this deed further witnesseth as follows:—
-
Without in any way limiting or restricting the rights or powers of the grantee
as attorney of the grantor(s) the grantor(s) hereby further appoint(s) the grantee as agent
of the grantor(s) to effect all sales of stock, wool, or produce which the grantor(s) desires to
sell, and the grantor(s) shall not sell any of such stock, wool, or produce other than
through the agency of the grantee unless with the written consent first obtained of the
grantee. -
The grantee shall be entitled in effecting such sales as aforesaid to employ such
firms, persons, or agents as he may in his discretion think fit, and to pay all commissions,
charges, and expenses incurred in connection with such sales, and to deduct the same
out of the proceeds of such sales, and shall not be liable to the grantor(s) for any loss
occasioned by the act or default of such firms, persons, or agents. -
The grantee shall receive all proceeds of such sales as aforesaid, and shall credit
the grantor(s) with the balance of the proceeds of such sales (if any) after payment of
all expenses incurred. -
The grantor(s) shall deliver all milk or cream the produce of the cows comprised
in or for the time being bound by this security (excluding the milk or cream required
by the grantor(s) for his (their) personal or household consumption) to such company,
firm, or person as the grantee shall appoint, and will assign to the grantee the moneys
payable by such company, firm, or person therefor, and will from time to time if and
when the grantee shall so desire sign and deliver to the grantee such deed or deeds of
assignment or irrevocable order or orders to ensure the payment to the grantee of the
said moneys or such part thereof as the grantee shall require.
And it is hereby declared that the expression “stock” where used herein shall
have the meaning ascribed to it in section 2 of the Chattels Transfer Act, 1924.
In witness whereof the grantor(s) has (have) hereunto subscribed his (their) name(s)
this day of , one thousand nine hundred and .
THE FIRST SCHEDULE HEREINBEFORE REFERRED TO.
All the stock and chattels the property of the grantor(s) now in, upon, or used by
the grantor(s) in connection with or intended to be depastured or kept on that parcel
(those parcels) of land situate at or near [Locality] being [Insert precise description of
land, mentioning section numbers (and reference to certificate of title if under Land Transfer
Act)].
And including by way of further description only and not by way of limitation
the following: [Describe live-stock under separate classes, and as fully and individually as
possible. State where applicable sex, name, age, and colour, and describe all brands, marks,
and earmarks at present thereon. The description of machinery and implements should
include the name of the maker and any identification numbers, &c.]
THE SECOND SCHEDULE HEREINBEFORE REFERRED TO.
| Date. | Name of Parties. | Nature of Security. | Amount secured. |
|---|---|---|---|
Signed by the above-named , in the presence of:—
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VUW Te Waharoa —
NZ Gazette 1933, No 14
NZLII —
NZ Gazette 1933, No 14
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Application for Loan on Stock and Chattels Under State Advances Amendment Act, 1922
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💰 Finance & RevenueLoan Application, Stock and Chattels, State Advances Amendment Act, Financial Information