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9.2 Adjustment of outgoings (a) (b) (c) (d) Where separate assessments have not been made for the Property as at the Settlement Date the Vendor may elect to pay the present assessments and the Purchaser shall allow to the Vendor such fair and reasonable proportion thereof as the Vendor shall nominate. Where no assessment has been made in respect to the current period then in the case of rates the Purchaser shall allow to the Vendor such fair and reasonable estimated amount as the Vendor shall nominate having regard to the previous year’s rates increased by a factor of eight per cent (8%) (with a final adjustment to be made between the parties when an assessment issues). In the case of land tax the Vendor may pay any assessment for the current year or for any previous years for which no assessment may yet have issued forthwith upon the issue of any such assessments and the Purchaser shall allow such fair and reasonable proportion thereof as shall be notified by the Vendor to the Purchaser and any such adjustment of land tax shall be effected on the basis that such tax will be paid by the Vendor in accordance with the undertaking given and no deduction shall be made by the Purchaser. the Vendor is Trustee of a trust, and may be subject to a levy which shall be included in calculating any adjustment of land tax. 10 SUBDIVISION WORKS 10.1 The Purchaser acknowledges that the Property has been, is or will be in the course of subdivisional works, including any road works and allotment grading, and may be filled, raised, levelled, packed or cut. 10.2 The Purchaser will not make any requisition or claim any compensation from, or raise any set off against, the Vendor in respect of any subdivisional works. 10.3 The Vendor may at any time after the Day of Sale carry out Surface Works that are: (a) (b) (c) required by a relevant authority; desirable to enhance the appearance of the Property and the Subdivision but which are generally in keeping with the Plan for the Subdivision. Subject to the Vendor’s compliance with the Act, the Purchaser must not make any requisition, objection or claim or take any action against the Vendor relating to any change to, or any alteration or modification of the quality or condition of the Subdivision, the Property or the Land occurring between the Day of Sale and the Settlement. 11 CREATION OF FURTHER ENCUMBRANCES AND RESTRICTIONS 11.1 Purchaser’s acknowledgement 2140857_001.docx
The Purchaser is aware that at the date of this Contract: (a) (b) not all the easements, restrictions on use and positive covenants have been created; not all the leases, agreement and arrangements have been made; and (c) 11.2 Creation not all the rights and privileges have been granted, which it may be considered necessary or desirable for the Vendor to create, enter into or grant. The Purchaser acknowledges that the Vendor may be required to: (a) create easements, enter covenants and grant other like restrictions which affect the Property, including positive covenants in any Section 173 Agreement to allow either or both certification and registration of the Plan of Subdivision; and 11.3 The Purchaser specifically consents to the Vendor executing any Section 173 Agreement required by any Authority with control over the Property. 11.4 Subject to the Purchaser’s rights under the Act, the Purchaser cannot object to, make any requisition or claim, claim any compensation, rescind or determine this Contract or delay Settlement or delay payment of the Balance because of any of the matters included in Special Condition 11.2 unless such matter(s): (a) (b) 11.5 Termination materially restricts or limits the use of the Property; and was not made as a result of a requirement or recommendation of an Authority. Subject to special condition 11.6, if any creation, entering into, grant or dedication made by the Vendor in accordance with special condition 11.2 materially affects or limits the use of the Property then, unless the creation, entering into, grant or dedication has been made as a result of a requirement or recommendation of an Authority, the Purchaser may terminate the Contract by providing written notice to the Vendor within 10 Business Days of receiving notice from the Vendor, whereupon the Deposit must be refunded to the Purchaser and neither party will have any further liability to the other under this Contract. 11.6 Special Condition 11.5 and Section 10(1) of the Act do not apply in respect of any amendment, which records the final location of any easement shown on the certified Plan of Subdivision. 11.7 No merger This Special Condition 11 does not merge on Settlement and continues with full force and effect after Settlement. 12 SERVICES 12.1 The Purchaser acknowledges that the services referred to in the Vendor’s Statement will be available to the Property upon settlement but the Purchaser agrees that it shall be responsible for payment of any statutory or utility fees in connecting such services to the Property. 2140857_001.docx
Page 2 and 3: 2 SCHEDULE DEVELOPER'S SOLICITOR LO
Page 4 and 5: 4 “Development Approvals” means
Page 6 and 7: 6 other outgoings payable in respec
Page 8: 8 2. RESERVATION 2.1 The Developer
Page 12 and 13: 12 8. TRANSFERS 8.1 Except as other
Page 14 and 15: 14 (b) shall not be varied in any w
Page 16 and 17: 16 (b) (c) (d) if posted, on the se
Page 18 and 19: 18 EXECUTED AS AN AGREEMENT EXECUTE
Page 20 and 21: 20 ANNEXURE A NOMINATION FORM conce
Page 22 and 23: CONCEPT PLAN C CO PYR IGH T. TH E I
Page 28 and 29: CONTRACT OF SALE OF REAL ESTATE Par
Page 30 and 31: SETTLEMENT At the expiration of: -
Page 32 and 33: (c) domestic building work was carr
Page 34 and 35: 9.3 The purchaser is entitled to in
Page 36 and 37: 13.6 If the particulars of sale spe
Page 38 and 39: (e) (f) (g) (h) (i) insurance costs
Page 40 and 41: Special Conditions Instructions: It
Page 42 and 43: Special Conditions Continued Specia
Page 44 and 45: Reservation Fee means the fee state
Page 46 and 47: (b) (c) 8.2 Plan of Subdivision: If
Page 50 and 51: 12.2 If the Vend or elects to conne
Page 52 and 53: 19.3 The Vendor gives notice to the
Page 54 and 55: (f) (g) (h) (i) (j) (k) 27 FENCES 2
Page 56 and 57: 30 NO MERGER Obligations under this
Page 58 and 59: BENDIGO VINEYARD ESTATE PTY LTD

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