This is the 10th Affidavit of Cinda Ferguson in this case and was

Transcription

This is the 10th Affidavit
of Cinda Ferguson in this case
and was made on 22 Sep 2015
No. S144265
Vancouver Registry
In the Supreme Court of British Columbia
IN THE MATTER OF THE COMPANIES'CREDITORS ARRANGEMENT ACT,
R.S.C. 1985, c. C-36, AS AMENDED
.~ ~,
IN THE MATTER OF A PLAN OF COMPROMISE OR ARRANGEMENT OF PONDEROSA
PEACHLAND DEVELOPMENT LIMITED PARTNERSHIP, TREEGROUP PONDEROSA
DEVELOPMENT CORP., and 0817642 B.C. Ltd.
BETWEEN:
ROMSPEN INVESTMENT CORPORATION
Petitioner
AND:
PONDEROSA PEACHLAND DEVELOPMENT LIMITED PARTNERSHIP, TREEGROUP
PONDEROSA DEVELOPMENT CORP., and 0817642 B.C. Ltd.
Respondents
AFFIDAVIT
I, Cinda Ferguson, of 2200 — 885 West Georgia Street, Vancouver, British Columbia, Paralegal,
SWEAR (OR AFFIRM) THAT:
1.
I am a senior paralegal employed by Cassels Brock &Blackwell LLP, solicitors of record
for the Petitioner, Romspen Investment Corporation and as such have personal
knowledge of the facts and matters hereinafter deposed to save and except where the
same are stated to be based on information and belief and where so stated I verily
believe them to be true.
2.
Attached as Exhibit "A" to this Affidavit is a true copy of the presale contract for Strata
Lot 33 of the development of the Respondents between Treegroup Founders Limited
Legal'15544792.1
2
Partnership (now Ponderosa Peachland Development Limited Partnership) as Seller and
John William Mitchell and Marion Ruth Mitchell as Buyer dated November 11, 2012 and
amended March 26, 2013, February 28, 2014, September 28, 2014, March 28, 2015 and
September 4, 2015.
3.
Attached as Exhibit "B" to this Affidavit is a true copy of a Title Print Search received by
me on August 28, 2015 for PID 029-638-194, Strata Lot 33, District Lots 220, 902 and
2897, Osoyoos Division Yale District, Strata Plan EPS1699, together with an interest in
the common property in proportion to the unit entitlement of the strata lot as show on
Form V currently registered in the name of 0817642 B.C. Ltd.
SWORN (OR AFFIRMED)BEFORE ME
at Vancouver, British Columbia, on
22 Sep 2015., ~
_
taking
Columbia
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Legal'15544792.1
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sworn before me at
this~~ay of~.
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C~PJTRACT 0~'PURCHASE ACID~ SA~~
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RE91dENT OF CANt~DA QJ _NON.AE61bENY DF CANAOA D
OCCUPATION:
RlcDmond
rwaea
Pc:y""'i~~
Pc;~~~'
1ROPERTY: J1c~di
l~pal D~tt~ipBoq.
PC
PID
The Bvy~r ~prwa b purch~ir Iho Proporfy from 11t~ BtGr on Ihv fo!IgYIAp lerm7 end ~utiJ~tl la the PollorinD t~ndltone: `~
1, DURaHAbE PRICE: Tn~ DUIChcavprice o(Ihe Prepu~ will 6
-l~t~
d'
—^/~/vc
7
7
or
d
~O~LAR3 S~ f`~(Purohe~e P~k~)
❑lP06iT: A d~pn~ll~of ~y~~ ~~
l fanu v~M1 cl ih~ Pwdiy~o Price, MII b. peiJ on the f~8owi(~y I~im~.
which wl;1,
7T.. Fint Paw~ll ~~/~ ~~. a~ 1~~1"r Df '~' ~ '°ISO
Saco~d
T
Onpa~a
ov+.
nT
Oiti~ P
~ acc~7a~~
AI; montri rid ~ttu~~t to IhIY saaNa~ Oe o~It) W"tl b~ dFllverod In truel to ~ ~ 'ttL L ~w
{Z ICIPu
and held In Irusl In ocoordence ..ilh the provlQorn of lha Re(1 EEt1~0 AoL In the sYenl the Buyer Idy lu pey the bepa~g
at t~~ulr~d
by IE+17 Contract, the 8811ef may, 1l the Se lerl aptlo~, l~rminaN dtlt Conl~ec47he perty who r~wMue the
O~poilt I: euthvrtz~d to oay
all of try yD1 U9~ Ot Ihn Depo~(I m (hs BlJy~tY or 6ativr'e cuntry~n6~f (Iha "Convaymaer') wftl~p~l ~urtlfv wdttnn dlrocllon al [h■
Buyer o~ S+Iler, provided th e {~) thv Cenveyancar le ~ L~wyn er Natary, {b~ euth money If to bB hBld Iq trU~l Ey Ih~ Canveyanoe~
au stakeholder punuenl to the provision¢ of Ih~ !i~i1 ~t~~a Acf pendlnp lh~ anmpl~llon of Iha lranoacUon
and rtot fln behalf o(any
o/ Iho prinalpe~~ le tie lrene~otfan; end ~e~ .t the vela dose coy aamphla,the mnaey ehoulE be nlurtlad to eveh pnr~y
of ~t~KthalCu
or paid Inla Court
TERjAE AND (:ONOITION8: The purcheae and ~Nf of (h~ Propuly includoa Iha fallow n9 forma and le suWect to !ha
loltowin0
condlVon~;
Pu~oh~~~ ~C~(Cf1KIlOM~~ntluaa
~SaT~d~~ Ha Tf~Y, MW ~y~iVrn Trandlion 7~K,
8~~~t1ac1Nd8credul~•A•,whlchfamc
aprelpeAhelwl~rdAtartL'nadanni6N44m10~p u,11t00uyutctimowMrJp~11hi1hv~ho6eene0
~
utklw,~eMauN►.nd~dbnosellhl~ryreemah6A71Mmn~dd~ndaaes~p'wby~MPaNO~hv,~itlrp~nitaieoban~ndb~eam~pulefWiApream~n
.N /_,r
T1in6uy~rlv~ih~r~ckrtwR~dpei4neeaf~llmn~]ululk~rllw~lh~WeR~nlba,tatiru~ntrlbru,f~rm~endtagldpt~ihnE~hudha:eln~ndlnlMD~~cb~un
FC.~
aaNmonl,rrorroru~,ynam,wefrnna..,l•rm~aw,dltla~xero~+wr~pn~nxiUnud.ey~yper.ane~~r,i,l,~li6ilend~cp~per+f
ne3Hr~~.
~
Each condltlan, (f ~o Ind(aH~d, to for thn pole b~t~111 0l the party hdl~lad. Unlelf euh tond~llo~ 11 wplvOd or doolen \....~
NAttM ~ollCE piv~n by the henerltltlg p~hy io tM olhet p~~1y on of Defbf~ lM data cpecll~etl for e~C~ ewttlltlan, ihl~ Co ~
b
Urmlt~ned thereupon end Iho O~pwll rolumeble !n a fd~ncn wflh thu Rde7 $stele Aet
q
4, CoMPLH71oN; rho tali wilt e. aonpleled on
at Ih~ eppropilato Ltend 7ltle Off!co
5 P089E9810N~ 7h~ 6~ysr will have ~ac~nt ~oe~ee~lon of the Propory el 12 Haan on
OR, wb~~ol ~0 1~~ followlnp aKlsUnp ten~~clef, 1(mr;
v~~~, yr
~atir
0Ci0d~RCV 6d GE7
z'd
yr
c0Ir1UGHf.DC AtLL tIf~tEV ea WfrleN~Ca.u+.~tN
L6bL-S9b-b~9
~uedwa~
'g
ZTa~o~tW
Gompletlo
~Ql
(Po~rass
Dste
r+(l4tMnciq
WE9Fttiv"' Doe/L7G.1
Wdg~b:Zi
zTOz
LT
noN
Po~~hland 9.C.
rxoa ~ of
PROPERLY AbDR8s5
ptitaea
8. ^p~U'TMiNi8; 7Nt Buyef WIII Eta ~Me apd pey III UROC, ~eia~, local Imp~ovemanl ~s~~eam~nl~, Nol, uU:ides ofld other
Cholgll
I~vm, end Indudln,,y~ the d~t~ s• arudJyslr~rnb, enduet~e~dju~sb~tto~n~1 4olh doming 1 vu~0olaq of Wne lust iLre wUl
b~ mad
~e of
1,
/r~'c~[.G6v ~ ~Dt~
n I~,~Ad}U~~anentD~t
7, INCLUDED ITEM6: Tne Purthp~e puce Inctudoi onr bulldlnps, Impmvemenie, pztur■o, app~~~e ~pca end utcechmen~ Ih~.oto,
end r11 blinds m+pinp~, aCrl~n doors end wlndown, euJdln rods, I~ecYp entl vakencee, fined mirtols, fis~od
c~rp~Upp, ¢lee~ic,
p~umb~ng, h~~tlnp ~Od el~ co~dlllmtlJ~q {btltltn0 ir7d 111 eppunOfl~ricla end elSechn1f1113 M~YULD 60 YIeNB~ by Iha Buyoi BI
Cu 001
al inapaclmn. IVCWDING;
~~
~
BUT EXCLUOIN(3;
YIEWEp: Y~~ Prcparty and ell Included I~e~ne will D~ In ~ub~l~nti~lly Iho same cgndklun ql the ~udnsnlon D~Ia ti~
when vlaw~d by
the Buyer an
,yr,
). TITLES Foo and clear of all enc.~mbr~na~ axc~pt ~~belnllnn mndlllono, provinee, re■trlouon~, uc~pllone a~0 r~f~rvo~lan~.lncludInp rayelUea, conlsln~d It7 Ih~ o~lpin0l p~nnl m conti~n~d to any other flrmt or d■post(lon Pram the Ciown, roplflend ar pending
rauloiive eovananw ~nC ripnurol.wey to favour o~utltlllon end puhll~ ~u~ha~gica, exbUnp t~nanclu u~ act In Clyuse S, If any, Ind
~ya~Dl a othrrvrb~ ael out hveln.
10. TENOER: Tonder or p~ym~nt o~ mvdla~ by IAA 8vy~t tc Iht Ballorwlll b~ 6y earpfisd ~h~que, bank Qta~, Ol~~ or LewyOfN'Nolery'e
Rwt GhegUo
t1. DOCUM~NT6: Aft dacvmanu r~qulr~d Ie 91y~ ~Rect Io U11f Conl!ect wQl be d~llv~nd In raBl~tnble lorm Where necenauy and M{tt
pe IodOad for ~eBlslivlton In the eppropriele Lend ThN aHlee 6y f:p0 pm on the Canpl~Aon Dula.
12. TIME: 'time vA~l be of(he ~eaence h~no1, and unt~en the 6~bnu of Ihi enh paym~ntl~ paid end eu~h formal ~pr~~ont ie pay ifie
bglonoo tlt mqy b~ M[~sc6ty le enlefed leis an ar b~bro the Comp(elfaq p~U, lha $~Il~r rrlay, ~t the 9elttr~ cpUo~, leln11n01a Ihl~
COBI~a~~ ~~0, In eueh evegl, Ih~ irnOUBt p~ld by (he Buy~~ WGI b~ •bsolulely kr(ele~d to the g~Hat In 4ccortlmo. w;lh ih. perl
Esrrfa Act, an ~ccouol of domay~e, wllhout pnJud~« io tho 6aflor'a o~h~r nm~ai~u,
13. AUYER FiNANCIN01 11 Iho Buynri~ rolylnp upon f new mgrtgap~ to ilnmco the Purc~+u~ Price, the Buyer, whlk ilil~ r~qulred Io pay
Ne pu~eh~e~ Pr1c~ e~ ~h~ CamplaGen Delp, may w~11 to pay Ih~ Putehrl~ Pdo~ to lh~ 8~lbr un01 ph~~ lA~ Irenefar Ana new
mor~Q~yo documanle have been Iedy~d kr tipl~i~aQnn In Ih~ opproprkte LeaO TWA Olrine. txt only If, helnn such IcdAInA, the
6~yer her (e) m~d~ evenabi. fay t.ndar to the 8ell~r Thal parUon o1 d,e PWc~aee P~i~e not eeruryd by thu new monpsye, and
(b~ tuMll.d eft Iha new mcrtB~O°ds condhloer kr fundlgB Qrespt IaOglno thu mo~~gRpe hr i~ple:ntlon, end (c) m~d~ awllable W tho
Snllir, ~ LnwyoPe nr ~tetery'a Vnd~rteMlnB ~o ply thf PurchM~e P~iw upon Ih~ lodpinp o1 the tron~br ~~d how morlpape dooum~nle
end the edvenc~ by the moAq~p~o al lh~ moApege proc~edi purauenl b Oho Cnnedlan 9arAaeoct~lfon (BC Hnnc~~ (Baal Property
BecVonj ftand~rtl unGert0kln9a (ins 'C&~ b~undnrd Undtrloklnp~'),
tt, CLEAR LNG TITLE; It~l1e 60141 h~~ ~MIiUf1g M~naiPl chergll la h~ el~ered kom lN~,(ho 9ollar, y.~ryll~ rilll radulr~d to eea~
Outh
Ch~tO~L. Miy w011 to pay end dlaehrrp~ a~}eUnp tln~nolsl eherpe~ unto Imm~dloialy slur r~aotpl of the purohau Pries, hul In ~ha
evenq the 8■qer ~gr~~t lh~t p~ym~nl of lh~ Purchase Pr!oe ~hgll Da made 6y Ghe Buyers L¢Wy~~ or Ntilary 40lh~ 8el~nfa Lawrir ar
Nal~~y, an :h~ C8A 813nderd Undert~MJnp~ ~ P■SI oul Intl dleaherg~ the f~n■nct~l cherpee, nod remll the p~i~nce, II any, to ttta Seller
15. OOaT'S: The 6uy¢f Wtll b~~~ III COfb o(IR! eenvGyenoe end, If sppGcebb, any eo~U rN~l~d to arnnpinp a mohg~g~ tied Ih~ g~il►r
will bear all ratio of ctaarinp Iltle.
16. RISK; All Eulldlnpa an Iht Prop~Ay in0 ~tl athu H►me Indud~d in lh~ purcl,~q end ~al~ wl~ 6a, and ~smelr, et Ih~ ~Itk of ~ha Seder
until 11:01 a.m. on the Compl~llon Oete.A(4er ihe! Ume, the Pmpet~y and sll Inoluded Ilema Wnl he ~t Iho ti~M of the BuYa~.
17 PLURAL= (~ Ihla Canlrecl, any n(srenca to ~ party Includes lhakperty'a ~eln, ~~ocuiarc, adm!Natrotora, ~uou►ton end a~alano;
~InpW~r inoiuev~ plural and me~cuilne k~cludea laminae..
1a RBPREOeNTA71oN8 ANO WAR!(ANTI~B; Th~r~ ers nn rovh~~+~te~lone, wnrranti~i, yuaroglfl~, prornleae or apraementr olhor
than thong a.i cut In this Contrncl ~Ild the ~~Rf~ gnlation~ eonl~lnad In ~h• Proprrty bi~olarure etutemeni If Uuorporaiey Into w
forminp pert of Ibis Contr~C4 dl CI Whicfi will ~VNIVB lhu oomplellon of ihs sels.
D.
ec~orrKlMoe.iw
Coptuorrt.ucaul.earxre,
aeacumor{µo[uuounbM,ws
n~aceiw{cro
l ti a~~
E'd
L6bT-S9~-b09
Fuedwo~ 'g
jtaU~~tW
WdBb=Zt
ZiOz Li
noN
J
Peachland, B.C.
PAGE 3 of
PAGES
PROPERTY ADDRESS
14 AGENCY DISCLOSURE; The Serer end the Buyer acknowledge having received, read and understood the brochure published by
the 6ritish Columbia Real Estate Association entitled Working Wrlh a Rea! Estate Agent and acknowledge and confirm as follows
A. the Seller has an Agency relalionshlp withVYiN lf~'~
~ Y~l~l y
AOEH1
and V ~1~--~'~~
~
B. the Buyer has an Agency relationship with
AOfM
C. the Buyer and the Seller have consented to a limited dual agency relationship with
L~IE~vER30M
and
]~IE~~CN3CN
and
1GbiT
SA~ElOER lf14
P~IE:e FSCII
having signed a Limited Dual Agency Agreement dated
If only(A) has been completed, Ilse Buyer is acknowledging no agency relationship. If only(B) has been completed,(he Seller Is acknowledging
no agency relationship.
20. PERSONAL INFORMATION: The Buyer and the Seller hereby consent to the collection, use and disclosure by the Agents and
salespersons described In Clause 19, the real estate boards of which those Agents and salespersons ere members and, if the
Property is Listed on e Multiple Listing Service•, the real estate board char operates that Multiple Listing Service•, of persona!
information about the Buyer and the Seller.
A for all purposes consistent with the transaction contemplated herein;
9. if the Property is listed on a Mulllpie Listing Service•, for the purpose of the compilation, retention and pub~ication by the real estate
board that operates the Multiple LlsGng Servire° end other real estate boafds of any statistics Including historical Multiple Listing
Service° data for use by persons authorized to use the Multlp{e Usting Service' of that real eslaie board and other real estate boards;
C, for enforcing codes of professional conduct and ethics (or members of real estate boards, and
D. for the purposes (and to the recipients) described in the brochure published by the British Columbia Real Estate Association
entitled Working nth A Real Estate gqenl.
21. ACCEPTANCE IRREVOCABLE (Buyer and Setter): The Seller and the Buyer specifically confirm char this Contract of Purchase
and Sate !s executed under seal It is agreed and understood, that the Seller's acceptance is irfevocabte until after the date specified
for the buyer to either;
A fulfill or waive the terms and conditions herein contained; and/or
B. exercise any options) herein contained.
22 THIS IS A LEGAL DOCUMENT. READ THIS ENTIRE ~OCU►dENT AND 1 FORMAT(OM PAGE 6EFORE YOU SIGN.
23 OFFER; This offer, or counter-oH wd~ be o en far cc lance until
o'clock
m, on
__~
~~c[
~ yr. ~2J.~and u on acceptance of the otter, or counter•
oHar, by accepting in writing and notifying e other party of such acceptance, there will be a binding Contract of Purchase and Sale
on the terms and conditions t fo h
n
teu~+~
~rmr un~
_--'~ _S~~.~/ del i T.~L~'~LL _
IPRMNN,t~
--
e otter and agrees to complete the sale upon the terms and conditions sal
24 ACCEPTANCE; Tha Seller (a) hereby accepts the a
out above,(b~ agrees to pay a commission ss per the Listing Contract, and (c) authorizes and instructs (he Buyer and anyone acting
on behalf of the Buyer or Seller to pay the commission out of the cash proceeds of sale and forward copies of the Seflar's Statarnent
of Adfustmen[s to the CooperatinglListing Agent, es requested, forthwith after completion
Setter's ac
x
ptance is dared
N
, yr.~_
~~~~.
M µVS J
x
BC20~0 R EV.DEGfOS
COPYRIGHT-BG REAL ESTATE ASSOGIATON AND CANADIgH BAR A350CIATON(BC BRANCH)
WEBFvrtni"' DeU2D03
J
~~
INFORMATION ABOUTTHE CONTRACT
THfS INFORMATION 15 INCLUDED FOR THE ASSISTANCE OF THE PARTIES ONLY. IT DOES NOT FORM PART OF
THE
CONTRACT AND SHOULD NOT AFFECT THE PROPER IN7ERPRETATIQN OF ANY OF(TS TERMS.
CONTRACT: This daumeni, when signed by both parties, is a legally binding cenlraU READ IT CAREFULLY The parties should ensure
Thal everylNr~g Thal is
agreed to is in writing
DEPOS17~5): Section 59 of the Real Esl~ta AC dales that a red estate company tnlds deposits as a sWkeholEer. The money is held br the Iransaclion and
rrol
on behalf of one of the parties. If a party does not remove a sect clause, the agent requues fhe s~gnalure of both the Buyer end the Seller in order la release
the
deposit. ll both parties do nal sign the deposit release, Ihen the parties will have to apply to court for e dderminafion of the deposit issue.
COMPLETION: (cause 4) Unless the paNes era prepared io aduaQy meet at the land Title Office anG exchange title documents (cr the Purchase Price,
it is,
in evr~y case, advisable for the wmpleGon of the sale to lake pta:e h Iha folbwing sequence:
(a) The Buyer pays the Purchase Price or down payment in Uust to the Buyers Lavryer or Notary (who should ativise the Buyer of the exact artwunl
cequired)
several days before the Comgelian Dale, and the Buyer signs Lhe dowments
(b) The Buyer's Lawyer or Notary prepares the doeumenls and Iorwards Them for signature to the Seller's Laveyer or Notary who returns the
dowmenls io the
Buyer's Lawyer or Notary
(cj The Buyers La~,vyer or Notary Ihen attends Iv the deposit of the signed tllie documents (and arty mortgages) in the appropnate Land Title OKce
(d) The Buyers Lawyer or Notary releases the sale proceeds al the Buyer's lawyefs or Notary's office.
Since the Seller is entitled to the Se~lars arocceds on the Completion Date, and since the sequence described above lakes a dz~ or more, it is sVongly
recommended
Ihat the Buyer deposits the mosey and the sk~ned daumenls AT LEAST TWO DAYS before the Canpletion Dale, a al the request d the Conveyancer, end that
the
Seller delivers the signed trensler documents no later than Cie morning of the day before the Completion dale
POSSESSION: (Clause 5) The Buyer should make arrangements ~hrcugh the teal estate agents for ohWinmg possession Tha Seller will not lal the
0uye~ move
in before the Seller has actually received the sale proceeds.
71TLE; (Gause9)Aisuplo7ieBuyrerlosabslylheBuyeronmattersofzo~ingabu7dingausereslnc6ons,toxicoren~iraimenlalhazards,encraadimenRonorhythePro
perty
and any encumbrances which are slaying on 611ebefore 6ecort~eg legally bound. II is up to the Setler to specify in the CanUacl(there are any ereumbrences, other
(hen those ksied
in Clause 9, wfiich are slaying on title bafae becomhg legally bound. h yrou as the Buyer are taking out a mortgage, make sure that title, zoning and building
resUid~ons are al
aaeptaHe to your mortgage comparry. in mlaincircumslances, lha mortgage Canpany Decd refuse to aduaix~e furxk. Ilyou es the Seller are aEowing the Buyer
b assume your
mortgage, you may slits be responsitie lorpaymenl of the mortgage,unless errargements are madewith your morgage ~ompary.
CUSTOMARYCOSTS: (Clausel5~InparGa~larcircurrutancesiheremay~eadditlonalcosls,bullhefaloningcostsareappCcadeinmosldrcumslances
Costs to be Bome by the Seller
Lawyer cx Notary Fees and Expenses:
• atlending to execution of documents.
Costs of Jeering litfe, indudmg:
- discharge lees tha~ged by encumbrance holders,
• prepayment penalties
Real Estate Commission
Goods end Services Tax
Costs to be Bame by tt~e Buyer
Lawyer or Ndary Fees and E~ensas
- searching title,
• investigating tine,
• draRing dowmenls,
• Lend Title Re9lslrellon f
Survey certificate (if requlred~.
Costs of Mohga9e, inGudmq:
- mortgage compenys LewyarlNotary,
- appreisal (d appiicaWe),
- Land Title Registration lees
Fire Insurance Premium.
Sales Tax (if appllcableJ.
Property Transfer Tex
Goods end Services Tax.
7. RISK: (Clause tfi) The Buyer should arrange Ior insurance to be efleclive en the earlier of the Completion Date a the dale the Buyer pays the ba~nce of the fiords
o~lo IrusL The SeAer should malnWin the Selefs insurarxe in eifecl until the later of the data the Seller ~erei~es the proceeds of sate, or the dale the Seaer vacates
(he property
8. FORM OF CONTRACT; Ths Contract of Putihase and Sale is designed pdmeriry for the purchase and sale of heehdd residences. II yyur Ira~uacfion invdves
a house or other building under eonstructlon
• a business
- a Lase
• other special circvmslances
additional prorisions, not contained in ttus forth, may be needed, and professional advice stwuW be obtained. A Property Disclosure 5latemenl completed by
the
Seller may be available.
9
ALTERNATE DISPUTE RESOLUTfON: Parties to this conlracl may p~~sue altemafe dispute resduhon U a d~spule arises after compie6on of the Iransaclwn
II is re:ommended that the parties fill medkale the dispute Failing agreement to mediate, or if the mediation (ails, Ihen disputes can be submitted to an
Arbitration under the Canmertia! N6itralion AC ABC) BCREA member boartis can provide guitlante on the selectlan of mediation and arbitration services in your
area.
BC7000 R6V DEC~O7
COPYRIGHT •9G REA4 ESTATE ASSOC WT70N AND C~NADIAH BAR A590CIAT10H(6C BAgNCH}
VYE9Formt"' Detl700]
~O-~
Schedule "A" to the Contract oI Purchase and Saie
DEPD5IT—Paragraph 2 of Clause 2(Stakeholder Provlsions~ is deleted and replaced with the following:
a. The Deposl[ shall be payable as Follows:
f.
The Firs[ Deposit, being K o(the total Deposit amount and equal to 5% of the Purchase Price shall
be payable by bank draft to "PIHL LAW CORPORATION, In trust" upon making This Offer; and
ii. The Second Deposi4 being %, of the total Oeposlt Amouni and equal to 5% of the Purchase Price
shall be payable by bank draft to "PIHI lAW CORPOHhTIOfv, in trust" within seven (7) days of
b
c
d
the Buyer receiving the amendment which sets out the details of the Building Permit for their
Strata lot.
iii. fthe First and Second Deposit are collectively the "Deposit").
The buyer will pay each portion of the Oeposlt to the taw firm of Plhl law Corporation (the "Seller's
Solicitors") in oust, and the Deposit will beheld in a~cordartce with the Real Estote Oevelapment Mo~keting
Act (Brlllsh Columbia) pending the completion of the transaction. The Deposit will be dealt with by the
Sellers Solicitor as follows:
i. When received, the Deposit will be deposited in aninterest-bearing trust account with interest to
accrue to the benefit of the Seller, except as otherwise expressly provided in this Purchase
Agreement;
ii. 11 the Buyer completes the purchase of the Strata Lot on the terms and conditions of[he Purchase
Agreement, then the Deposit shall be applied to the Purchase Price and be paid to the Seller, and
Interest shall be paid to the Seller;
iii. 11 the Buyer falls to complete the purchase of the Strata lot through no fault of the Seller, then
the Deposit together with all interest earned [hereon shall be paid to the Seller;
iv. If the Buyer delivers notice to the Seller to cancel this Agreement under Clause 13 of this
agreement, then the Deposit together with all interest thereon shall be paid to the Buyer, and the
Buyer shall have na further claims against the Seller.
v. if the Seller fails to complete the sale of the Strata lot through no fault oithe Buyer, then the
Deposit together with all interest thereon shall be paid [o the buyer, and [he Buyer shall have no
further claims against the Seller.
The payment of any funds to the Seller pursuant to this Clause shall not be deemed to be all inclusive
liquidated damages, and shall not preclude any further claims ar remedies by the Seller against [he Buyer
The 5elter and the Buyer hereby Irrevocably authorize the Sellers Solicitors to:
deal with the Deposit and a!I Interest earned thereon fn accordance with the provisions hereof,
notwithstanding the provisions of Sections 2B and 29 of the Reol Estate Services Act (6rldsh
Columbia);
ii. interplead the Deposit and all Interest thereon, at the expense of the parry ultimately determined
to be entitled to the Deposit,should any dispute or uncertainty arise regarding the obligations of
the Seller's Solicitors with respect to the ~epaslt;
pay the Deposit on the Closing Date to the Seller on account of the Purchase Price provided that
the Buyer has Fulfilled all of its obllgatlons hereunder. The Seller and the Buyer hereby expressly
consent to such payment of the Deposit by the Seller's Solicitors.
COMPLETION, AND POSSESION AND ADJUSTMENT DATES —Clauses 4,5,6 are amended and replaced with the
following:
a
Any dates noted In Clauses 4,5, and 6 are estimates only and the completion of the purchase and sale of the
iii
Streta Lot shall take place on the 10th day after the Seller notifies tfie Buyer or his or her wlicitor or notary
that the Seller has received an Occupanry Permit, whether temporary, conditional or final (the "Occupancy
Permit"), or other document allowing occupancy of the Strata Lot and that a separate title to the Strata Lot
h
has been issued by the Kamloops land Title Office (the "Closing Date"). if the Closing Date does not fall on a
business day, then the Closing Oate will be the next following business day.
If the Seller is delayed from completing the construction of the Strata Lot as a result of fire, explosion or
accident, however caused, act of any governmental authority, strike, lockout, ina611iry to obtain or delay In
v
~ i
c.
obtaining labour, materials, equipment, or flood, act of God, Inclement weather, delay
or (allure by carriers
o; contractors, unavailability of supplies and materials, breakage or other casuatry, interference
o(the
Buyer or any other event beyond the reasonable control of the Seller, then the
time within which the Seller
must do anything hereunder and the date referred to fn this agreement will be
extended for a period
equivalent to such period of delay.
Tfie Adjustment Date shall be the same day as the Closing Date.
d.
If the Purchase Price and all other amounts payable by the Buyer to the Seller In
respect of the Strata Lot
have been paid in full on the Completion Date, and the Buyer is not otherwise in default
under this
Agreement, and the Buyer has agreed to the peficiency list, the Buyer shall
have possession of the SVata
lot (or the purpose of occupying the same two business days after the Completion bate.
INSPECTION:
a.
The Buyer acknowledges [hat the exact layout of this Strata Lat may vary slightly from
the layout shown on
the marketing floor plans distributed 6y the Developer.
The Buyer and a representative of the Seller will together inspect the Strata lot at a
time specified by the
Setters representative prior to the Ciosfng Date. At the conclusion of such lnspecGon,
a comprehensive list
of any defector deficiencies (the "Deficiency List") will be prepared and signed by bath parties.
The
Deficiency list will be deemed to be an agreement that on the Closing Date
the Buyer has accepted [he
physical condition of the Strata Lot subject only to the listed deficiencies which will
be corrected by the
Seller on or before the 60'h day following the date o(the Deficiency list subject
to the avallahility of parts.
There will be no holdback or purchase monies to rover deficiencies. IF the Buyer
hits to attend at the time
specified (or the Inspection, the Buyer will be deemed to have accepted the condition
of the Strata Lot an
that date, with no deficien:ies. The Buyer hereby acknowledges and agrees [hat neither
the Buyer or its
representatives, agenu or assignees will be allowed access to the Streta Lot except
for the purposes of this
Inspection prior to the Closing Date, except with the express written authorization
of the Seller.
ASSIGNMENT: The Buyer may only assign hIs or her rights under this Agreement with
the prior written approval of
the Seller or the Sellets agent, such approval not to be unreasonably whhheld. If this
Agreement Is assigned, the
Seller or the Seller's agent shall have the right to require the Buyer to pay a handling
fee In the sum x($2000, plus
applicable tares. The Seller will not require any handling fee if the Seller is satisfied that the
assignee is a spouse,
parent, son, daughter, brother or sister of the Buyer, or a company wholly controlled by
the Buyer. No assignment by
the Buyer of his or her Interest In the Strata Lot or in this Agreement shall have the effect
ofreleasing the Buyer From
his or her obligations and liabilities hereunder
WARRANTY'On the Closing Date, the Buyer will be assigned a standard form 2-5-10
Home Warranty as the sole
warranty provided by the Seller in respect of the Strata Lo[. Except as set out in the loregoing
sentence, the Buyer
acknowledges the construction and manufacturers' warranties referred to In the Disclosure
Statement are the only
warranties provided In connection with the Scrota lot and the common property related thereto.
CLOSING PROCEDURES Clause 11 Is deleted and replaced with the Following:
a
The Buyer will cause the Buyer's solicitor or notary to prepare and deliver to Pihl Law
Corporation at least 4
business days prior to the Closing Oate, a statement of adjustments and a form A-Freeh
old Transfer (the
"Transfer") together with documentation relating to applicable Uxes and parking for
the Strata Lot. The
Seller will execute and deliver the S'ransfer and statement of adjusVnents to the
Buyers solicitor or notary
on or before the Closing Oate, an their undertaking not to register the Transfer on the Closing
Oate unless
and until they hold in their trust account the balance of the Purchase Price pursuant to the
statement of
adjustmenu.
b.
b
If the Buyer is relying on a new mortgage to be registered against the Strata Lot to finance
the Purchase
Price, the Buyer, while still required to pay the Purchase Price on the Closing Date, may wail
to pay the
Purchase Price to the Seller until aher submitting the Transfer and new mortgage for
registration at the
Land Tide OH1ce, but only it before making such filing the Buyer has (i) made available to
the Seller the
adjusted Purchase Price less the amount oFnet mortgage proceeds secured by the new
mortgage;(ii)
fulfilled all the new mortgagee's conditions for funding except submitting the new mortgage
for
registration; and (iii) made available to the Seiler, the Buyers solicitors or notary's
undertaking to pay the
adjusted Purchase Price an submitting the Transfer and new mortgage for registration
and the advance by
~~
the new mortgagee proceeds and his/her undertaking to withdraw or pause the withdraw oFthe Transfer
and new mortgage If for any reason he/she Faits to pay the adjusted Purchase Price on the Closing Date.
c
The Purchase Price, plus or minus adjustments as hereto provided, will be paid to the Seller by the Buyer's
solicitors or notar~s certified trust cheque made payable tD the Seller's Solicitors, in trust, on the Closing
Oate aker receipt by the Buyer's solicitor or notary of a satisfactory post-index search at the land Tile
OKce and otherwise in accordance herewith, on the undertaking of[he Setter's Solicitor to clear title of ill
encumbrances related to the Sellers financing within a reasonable period of time.
d That portion, if any, of the balance of the Purchase Price required by law to be held back by the Buyer in
respect of Builders' Lien claims (the "lien Holdback") shall be paid to the Sellers Solicitors on the Closing
Oate. The Lien Holdback shall be field in trust pursuant to the Srroto Prope~ryAct(British Columbia) and
Builders' Lien AcY (British Columbia)(or successor statutesj, as appllcabte, solely in respect of Ilen claims
tegis[ered in the Kamloops Tide Office in conne~[ion with work done at the request of the Seller The
Seller's Solicitors are authorized to invest the lien Holdback fn an interest bearing trust account and to pay
to the Seller an the SSth day aker the Strata lot Is conveyed to the Buyer the Llen Holdback plus interest, if
any, accrued thereon, less the amount of any Builders' Lien claims filed against the Strata Lat of which the
Buyer or the solicitors for the Buyer notifies the Sellers Solicitors in writing by 10:00 a.m. on that day. The
Buyer hereby authorizes the Seller to bring any legal proceedings regvlred to clear the title to the Strata Lot
of any lien claims filed with respect to the Strata lot, Including payment of funds into Court.
e. The Buyer acknowledges that [he [Itle [o [he Land is registered in the name of0817645 B.C. ltd.(the
"Registered Owner', which holds title as nominee, agent and bare trustee for the Seller.7he Buyer agrees
to accept a transfer of title to the Strata Lot directly tram the Registered Owner. Neither the Seller nor the
Regis[ered Owner will be required to execute or deliver any other agreements, certificates, statutory
declaration or assurances whatsoever.
RESIDENCY: Treegroup Founders Limited Partnership and Its General Partner, Treegroup Ponderosa Development
Corp. are both residents of Canada No (urcher declaration or certificates shall be required by the Buyer or the Buyer's
soli[itor or notary in this regard.
B. NOTICE: Any notice under [his contract will 6e given in writing and delivered [a the Seller or Buyer by delivering,
sending by electronic facsimile transmission or email, or sending by prepaid registered mail posted in Canada, the
notice to the other party at the address set out on page one of this Purchase Agreement or to their respective
solkitor or notary. Any notice delivered pr sent by electronic facsimile transmission or other means of electronic
communi~atlon capable of producing a printed copy on a business day will be deemed conclusively to have been
effectively given on the day the notice was delivered, or the transmission was sent successfully to the number set out
above, as the case maybe. My notice sent by prepaid registered mail will be deemed conclusively to have been
effectively given an the third business day IhereaRer. If there Is a sVike, lockout, or other disturbance affecting postal
service, then the notice will not 6e eHect~vely given until actually delivered.
REPRESENTATIONS: Clause 18 is deleted and replaced with the following:
The Buyer acknowledges and agrees that there are no representations, warranties, conditions, promises,
a
guarantees or collateral cantrects, expressed or implied, statutory or otherwise, or applicable hereto, made
by the Seller, its agents orempioyees, other than those contained herein and In the Disclosure Statement.
10. HARMONIZED SALES TN(, BOTH FEDERAL AND PROVINCIAL PORTIONS:
If the Purchase Price DOES NDT INCLUDE H5T then,
a
i. In addition to the Purchase Price, the Buyer will pay both federal and provincial portions of the
HST, payable fn respect of the purchase of the Strata Lot. The Seller agrees to credit to the Buyer
at closing the full amount of both the federal and provincial portions of the New Nousing Rebate
available under the Excise Tax Act or other similar Rebates (the "Re6ates"J, as applicable,
provided that the Buyer:
1 Qualifies for the Rebates' and
2 Provides to the Seller at or prior to the Closing Oate, an executed copy oI tfie
appropriate FIST New Housing Rehate application Eprms prescribed for the purpose of
claiming such Rebates and assigning It to the Sellers as well as any other dotumenhtlon,
1
0 D~
Including certificate as[o NS7 rebate eilglbillty, reasonably required by the Seller or the
Seller's Sollcilor in connection with the assignment and Rebate claim.
b. II Uie Purchase Price INCLUDES the federel and provincial portions at HST then,
i. net o(the amount o(any HST New Housing or other similar Rebate federal or provincial) to which
[he Buyer may be entitled the "Rebates"), the Seller agrees to credit to [he Buyer at closing the
full amount of the Rebates provided that the Buyer:
1. Qualifies for the Rebates; and
2. Provides to the Seller at or prior to the Closing Date, an executed copy of the
appropriate HST New Housing Rebate application farms prescribed for the purpose of
claiming such Rebates and assigning it to the Seller as welt as any other documentation,
including a certificate as to H5T rebate eligibility, as the case may be, seasonably
required by the Seller or the Seller's Solicitor In connection with the assignment and
Rebate claim.
ii Notwithstanding the Ioregoing, the Seller reserves the right to refuse [o credit all or any portion
of either the /ederal ar provincial Rebates I(the Rebate amounts Maimed by the Buyer exceeds
the Rebates to which the Buyer Is entitled If the Buyer does not qualify for the Rebates, the
Purchase Price will still include the net amount of the HST as I(lhey had qualified, but the Buyer
will be required to pay at closing, ir, addition to the Purchase Price, both the federal and provincial
portion of the HST that would have been rebated if the Buyer had qualified for the Rebates.
By delivering an executed copy of the HST New Housing Rebate forms and certificate to the Seller,[he Buyer
c
warrants that the Buyer is eligible (or the Rebates. If the Seller credits the Buyer in the amount of the
Rebates and Canada Revenue Agenry disallows all or any part of the Rebate claims, the Baler shall
forthwith reimburse such disallowance amount to [he Seller together with any Interest, penalty or other
amount payable 6y the Seller as a result of such disallowance.
11 TRANSITION FROM H5TT0 PST: The possession of this Property may transfer on or aherApril 1, 2013, therefore:
a
ttie 77G provincial component of[he HST and the new housing rebate far primary residences will generally
no longer apply (the federal GST component will continue to apply);
a B.C. Vansition tax of 2K (the "Transition Tax"}may become payable and is NOT Included in the Purchase
b
Price;
the builder may become eligible for an associated B.C. transition rebate; and
c
on the Closing Date, the Seller shall provide the CRA form to the Buyer certifying the following information
d
i. the date that construction commenced;
ii, the total Purchase Price {including a!I cash and trades);
iii. the amount of Transition Tax charged to the Purchaser;
Iv. the degree of completion of the home as at Aprl! 1, 2013; and
v. the amount of the BC transitional rebate to be claimed by the Seller.
12 TIME OF THE ESSENCE• Clause 12 is deleted and replaced with the following:
Time will be of the essence of this Purchase Agreement and unless all yayments on account of the Purchase
a
Price, together with adjustments thereto as provided in the Purchase Agreement and all other amounts
payable hereunder are paid when due, then the Seller may at its option:
I. Terminate this Purchase Agreement by written notice to the Buyer and in such event all deposits
paid by the Buyer shall be absolutely forfeited [o the Seller, subject to the Deposit provisions of
this Schedule A, and the Seller shall be entitled to be paid such amount upon written demand;or
ii. Elect to eMtend the time for completion of the transaction contemplated by this Purchase
Agreement, in which even the Buyer will pay to the Setter, in addition to[he Purchase Price,
interest on the full Purchase Price at the rate of 309G per annum,compounded monthly,from the
Closing Date until the actual date which [he transactions completes
b
The Seller may terminate this Purchase Agreement any time aker such default by the Buyer, even iI the
Seller has previously elected to extend the time for completion of this transaction contemplated by the
Purchase Agreement, w long as the Buyer continues to he in default
1
~~ :v
/
~~
9 p-~
c
In the event that the 9uyer or the Buyer's solicitor or notary indicates or expresses to [he Setter or the
Seller's Solicitor, on or before the Closing Date, that the Buy¢r Is unable ar unwllling to complete the sale,
the Seller Is relived of any obligation to make any formal tender upon the Buyer or the Buyers solicitor ar
nobry
13. OTHER TERMS:
a
b
c
Thts offer and the agreement resulting from Its a:ceptance, creates contractual rights only and nat any
Interest in land.
The Seller reserves the right to substitute any or all of these Items for Items of equal or better quality to
those viewed by the Buyer in the display suite. Display suite furnishings, tlecoration features and fixtures
demonstrated In the model suites) are not included and specifically, without limitation, not included are
hanging dining room light fixtures, built•in wall shelving, decorator wall coverings and wall treatments
The Buyer acknowledges that construction by the Seller on the lands In [he vi~inity of the Strata Lot
including the construction o(future phases) may result In noise, dust, vibrations and other inconveniences
to owners an0 occupiers of[he development. The Buyer agrees that, except[o the extent such occurrences
may constitute an offence or cause physical damage to the Streta lot or physical injury to an occupier o(the
Strata lot, tfie Buyer shall:
i. waive and release any and a!! claims against the Seller and its employees, agents and condactors;
and
ii. require any prospective Buyer or occupier oI the strata Lit to provide a waiver and release similar
to that contained In this Clause to the Seller, failing which the Buyer shall fully indemnify and save
harmless the Seller, its agents, employees and contractors from and against all costs, losses,
damages or claims arising by or through any Buyer or occupier of the Strata Lot or any interest in
the Strata lot.
This Agreement, and alt matters arising hereunder, will be exclusively Construed in accordance with and
governed by the taws of British Columbia which will he deemed to be the proper law hereof, and the Courts
of British Columbia will have the exclusive Jurisdiction to entertain and determine all claims and disputes
arising aut of or In any way connected with this Agreement and the validity, existence and enforceability
hereof.
If the Buyer is comprised of more than one party, then the obligations of the Buyer hereunder will be tfie
e
joint and seve2l obligations of each party comprising the Buyer and any notice given to one of such parties
shall be deemed to have been given at the same time to such other parry.
14. DISCLOSURE STATEMENT (BUILDING PERMIT—POLICY STA7EMEN75}: The Buyer may cancel this Agreement for a
period of seven (7)days after receipt of an amendment to the Disclosure Statement that sets out particulars of the
issued 6uitding permit if the layout or size of the Strata Lo[, the construction o(a major common h[ility (like a
recreation centre or clubhouse) or the general layout of the Development is materially changed by the issuance of the
d
building permit.
If an amendment to the Disclosure Statement that sets out particulars of an issued building permit is not
a
received by the Buyer within 12 months aker the initial pisclosure Statement was filed, the Buyer may a! his
or her option cancel this Agreement at any time aker the end of that 12 month period until the required
amendment is received by the Buyer, at which time the Buyer may only cancel this Agreement for a period
of seven days after receipt of that amendment and only if the payout or size of the Strata lot, the
consvuction of a major common fa[ility, including a recreation centre or clubhouse, or the generel layout of
b
the Development, is materially changed by the issuance of the building permit.
The amount of tfie Deposit to be paid by the Buyer who has no[ yet received an amendment to [he
Disclosure Statement that sets out particulars of an issued building permit is no more than lOYo of Che
c
Purchase Price.
Under the terms of this Clause, all Deposits paid by the 9uyer, including interest earned If applicable, will be
returned promptly to [he Buyer upon notice oicancellatlon from the Buyer.
]5. SELLER'S CONDITIONS - In consideration of the sum o($1.00 paid by the Seller to the Buyer, the receipt and
sufficiency of which Is hereby acknowledged, the Buyer agrees that Me obligation of the Seller to sett the Strata lot is
subject to the condition:
~• ~~~
~-,
/~
~/
t
~ ~
Iha[ if [he Seiler has nol commenced construction of the Development within 3 months prior to [he
Estimated Completion Oate, then the Seder will have the right to cancel this Agreement by giving notice In
writing to [he Buyer or the Buyer's solicitor or notary In such event, this Agreement wit! be null and void
effective as of the day such notice is given by the Selfer and the Setter will repay to the Buyer the Deposit for
that portion received by the Seller). For the purposes of Ihis Clause 14, construction of the Clevelopment
shall be deemed to be commenced if.
I. a building permit has been issued; and
ii. the Seller has poured concrete for any porcion of the suhsurtace foundation support {other than
shotcrete excavation sharing)for the Development.
This condition is for the sate and exclusive benefit of the Seller and if the Seller has given the Buyer written
notice that a building permit has been obtained ar the Seller has provided notice of the Closing Oate it shall
be deemed to be satisfied.
i~
N,OM~LLY
REAL10If
Okanagan Mainline Real Estate Baard
CONTRACT OF PURCHASE AHD SALE AMENDMENT
Multiple Listing
pages
of
Page
Service
DATE: March 26,2013
~n~.s~ No.
RE: ADDRESS SL 62 4000 Ponderosa Place
District of Peachland
FURTHER TO THE CONTRACT OF PURCHASE AND SALE DATED Noti~ember I I ,2013
AS SELLER AND
MADE BETWEEN Tree~roup Founders Ltd. Partnership
AS 9UYER AND COVERING
John & Iv1ar~~on Mitchell
THE ABOVE MENTIONED PROPERTY,THE UNDERSIGNED HEREBY AGREE AS FOLLOWS:
"FOR GOOD AND VALUABLE CONSIDERATION"
The Buyer &Seller agree that agency for Julia Debolt and Kate Vance will chanEe Crom Vantage Wept
Realty Inc. to Coldo~ell Banker Horizon Realty e[fective March 28,2013.
ALL OTHER TERMS AND CONDITIONS CONTAINED IN THE SAIDAGREEMENT REMAIN THE SAME AND IN FULL FORCE AND
EFFECT. TIME SHALL RENtAiN OF THE ESSENCE.
70
'S
NATURES
TURE~
TO SELLERS SIGNATURES
SELLER'S SIGNATURE
WITNESS TO BUYER'S SIGNATURE
{BUYEl3'S SIGNATLIRE~
(W1TN
~~~ 1
~
SELLER'S SI
ESS TO BUYER'S SIGr1ATUR~
~t
(8
ER'S SIGNATURE
Rov, 11103
WEBForms"' Jan~4005
12
CONTRACT OF PURCHASE AND SALE AMENDMENT
¢~
~~ ~~ u~,..
rzE^~'o'7
Okanagan Mainline Ae~l Estate Board
Multiple Listing
Serviced
~
pages
DATE: Fcb.28, 201-1
MLS@ No.
RE ADDRESS ~~ ~~2 ~1~0~ ~>~~nd~rc~sa i'lacc
Page _~ of
I)islrict of I'eachlan~l
VOH I X>
FURTHER TO THE CONTRACT OF PURCHASE AND SALE DATED Noy ember I I ,2Q1.3
MADE BETWEEN t'~~nc~crosa Pcarhiand I)e~ . I,P h~ its ~cneral pailncrs I~ree~roup I'onJerc~sa Ik:~ .
AS SELLER, AND
AS BUYER AND COVERING
John Mitchell &Marion Mitchell
THE ABOVE MENTIONED PROPERTY, THE UNDERSIGNED HEREBY AGREE AS FOLLOWS:
'I~he }iu~cr & Srller mutually agree that the {3u~cr(s) ~~ill recci~e a $10,(X)0, furniWre crc~lit.
ALL OTHER TERMS AND CONDITIONS CONTAINED IN THE SAID AGREEMENT REMAIN THE SAME AND IN FULL FARCE AND
EFFECT. TIME SHALL REMAIN OF THE ESSENCE.
=-7
~_ - -- - -(WfTNE55 TO SEVERS SIGNATURE)
(SELLER'S SIGNATURE)
TO SELLER'S SIGNATURE)
FILER'S SIGNATURE)
E 'S SIG
URE)
NESS TO BUYER'S SIGNATURE)
(
NESS TO BUYER'S SIGNATURE)
(BUY R'S SIGNATUREI
~~
Rev. 11N3
~BForms`" Jan/2005
l~
~
~~!
REA~iOtY
I~,~
Ukanagan Mainline Aeal Estate Board
Multiple Listing
Service0
pages
DATE:
MLS~ No.
RE ADDRESS ~~~~~~ ~~xx) ~f rails f'lac~
of
Page
VUFf IXi
I)islrict of Pcachlancl
cmhcr I I ,2013
FURTHER TO THE CONTRACT OF PURCHASE AND SALE DATED n'c~~
Oc~ .
MADE BETWEEN ~'~~~~~~~'~~~~ 1'ea~hland I)c~ . I.Y h}' its ticncral partners ~frcc~;rc~up Pcm~crosa
AS SELLER, AND
.lohn Mitchell & Marii~n Mitchell
"FOR GOOD AND VRLUABLE CONSIDERATION"
I~h~ l3u~rr & Sclirr mutually a~,rec. to the follu~ving ~hangc:
I.FGAI. 1)ES(~Itli''I ION: ~L ~i t)istrict I.c~ts 220.902 + 2ti97 Osu~oc~s Ui~~isic~n Yale 1)is~rict I'lun ~)2hOH
All ~~thcr tcrnu and ccmdili<ms remain the same.
ALL OTHER TERMSAND CONDITIONS CONTAINED IN THE SAIDAGREEMENT REMAIN THE SAME AND IN FULL FORCE AND
(1MTNESS TO SELLER'S SIGNATURE)
(WfTN
S TO SELLER'S SIGNATURE)
TNESS TO BUYER'S SIGNATURE)
(~MfNESS TO BUYERS SIGNATURE)
~ ~ 'J —~_ V —~-- t.
(SELF ER'S SIGNATURE)
r.,
J'
(BUY
SIGNATURE)
(BUYER'S SIGNATU E
~-""~
Rev. 11/03
WEBFortns'° Jan!2005
REA:107
~,~~
Okanagan Mainline Real Estate Board
Multiple Listing
Service
I
of ~
pages
QATE: ~eptcmtx~r 2R. 2(11-1
MLS~ No.
RE. ADDRESS ~~ ~2 ,~(?00 ~~~xi~~n~tia NIacC
Page
VOH I X~
f)istriCl of Pet~Chlalnd
FURTHER TO THE CONTRACT OF PURCHASE AND SALE DATED Nc~~ ember 11.2013
MADE BETWEEN Pondcrc~sa I'cachland llc~ clopmcnl L.P.
AS SELLER. ANO
John Mitchell &Marian Mitchell
he I~uycr & Scllcr mutual)}~ agree tc~ the foliciwing.
('IVI(' AI)t)IlF:tiS: t/IU2 X000"l'rtils Place. Peachland VOH IXi
ALL OTHER TERMSAND CONDITIONS CONTAINED IN THE SAIDAGREEMENT REMAIN THE SAMEANO IN FULL FORCE AND
- -r ---(VNTNESS TO SELl.ER5 SIGNATURE
(SELLER'S SIGNATURE
ESS TO SELLER'S SIGNATURES
(SELIFR'S SIGNATURE
TNESS TO BUYERS SIGNATURE)
(BUY 'S SIGNATURE
TNESS TO BUYER'S SIGNATURE
(BUYER'S SIGNATURE)
Rev. 11103
WEBFOJms"' Jan!2005
l~
..
Y~:
Z
REAL10(f
~,OMREB
Okanauan Mainline Heal Estate Board
Multiple Listing
Service0
Page
I
of
~ _pages
DATE: March 28,2015
MLSC~ No.
RE: ADDRESS ~ ~
~2 4000 •rails Place
VOH I X.5
FURTHER TO THE CONTRACT OF PURCHASE AND SALE GATED November I I ,2013
MADE BETWEEN Ponderosa Peachland Development L.P.
AS SELLER, AND
Marion Mitchell &John Mitchell
THE ABOVE MENTIONED PROPERTY,THE UNDERSIGNED HEREBY AGREE AS FOLLOWS:
'fhe Buyer &Seller have consented to a limited dual agency relationship ~~~ith Julia Debolt rho is licensed in relation to
Coldwell (3anker Horiran Realty Peachland having signed a Limned Dual Agency Abreemen~ dated March 28,2015.
ALL OTHER TERMSAND CONDITIONS CONTAINED IN THE SAIDAGREEMENT REMAIN THE SAME AND IN FULL FARCE AND
(1MTNESS TO SELLER'S SIGNATURE)
(WITNESS TO SELLER'S SIGNATURE)
~ ~ (SELLER'S SIGNATURE)
(WITNESS TO BUYER'S SIGNATURE)
~ (BUYER'S SIGNATURE)
(BUYER'S SIGNATURE)
Rev. 11/03
WEBFvrms'"' Jan/2005
1b
LIMITED DUAL AGENCY AGREEMENT
(CONSENT TO DESIGNATED AGENT ACTING FOR BOTH BUYER/TENANT AND SELLER/LANDLORD
AND TO LIMITING THE SCOPE OF THE AGENCY RELATIONSHIP)
BETWEEN
C'old~vcll 13anker Horizon Realty (Pchlnd)
1'BROKf_kAGF'1
-
'---
E 5878 E3each Ave.
UNIT
AC)DRE SS
John Mitchell
AND
,, ,
nISOC~A
Peachland
VOH I X7
(;ITV
PO;>TAL COOL
Ponderosa I'eachland Development 1_.P.
RNp
r'[lUYF RliE W1NT•j
1"SEl I FR:LkNDLOHD.. 1
Marion Mitchell
i-~E~UYER~T[Nl.N'f")
~'SFLIER~I~NDLORD~~)
46-12268 189 A Street
UNIT
PROPERTY
1003-1030 West Gear~ia Street
hDDRFSS
Pitt Meadows
ciry
I/ 102 4(X)0 "Trails Place
UNIT NO
UNI1'
B.C.
raov
F~c
ADDRESS
Vancouver
ciTv
V6F_ 2Y3
rc
~r:ov
AODRE SS OF PROAERTY
Prachland
CITY(f0\tiNRdUNICIPAUTY
VOFI I XS
028-890-Sfi(i
POSTP.L COD[
PIU
SL 33 llistric~ Lots 22O,902 + 2897 ODYD Plan 92808
EGAI pFSCRI~'TI(iN
In order Io facilitate the purchase and sale or lease of the Property. the l3uyedTenant, the SelledLandlord, and the Brokerage hereby acknowledge and agree each ~vifh
the other as follows.
1
uyer enant
The
and
the
Seller/Landlord
acknowledge
and
agree
that
they
each
have
an
agency
vnth
relahonsh~p
.IUD la ~ChO I
__
(Ihe "Designated Agent") antl that d is nol
a breach of duty to either of Ihem (or the Designates Agent to act as agent for both the Buyer/Tenant and the Selledlandlord and Ihey hereby authorize and consent ~o
the Designatetl Agent acting fa bofli Ifie Buyer/Tenant and the SellerlLandlord as a limited dual agent with respect to the purchase and sale or lease of IhF Property
Any previous agreements entered Into between the Brokerage and either the Buyer/Tenant or the SellerlLandlord and the agency duties assumed by the Designated
2
Agent are hereby modified 6y this Agreement and shall continue in full force and effect except as modified herein. Without IimiUng the foregoing. the listing of the
Property by the Brokerage shall continue until the termination of the listing contract entered into between the Seller and the Brokerage and the engagement of ttie
Brokerage by the Buyer shall continue until the termination of the Exclusive Buyer's Agency Contract or other expiration of the engagement In the event of conllici
(he provisions of this Agreement will apply.
3
The BuyerlTenant and the SeIIeNLandlord acknowledge and agree that with respect to the purchase and sale or lease of the Property the Designated Agent will be
the agent for both the BuyerlTenanl and the Seller~Landlord and will represent both parties as a limited dual agent with the following changes and Iinulatlons to its
duties as agent:
A
despite Reap Estate Services Act Rule 3-3 {a) and (b). the Designated Agen! wdl deal with the Buyer/Tenanl and the SelledLandlord impartially.
B. the Designated Agent wdl have a duty of disclosure to both the BuyerJTenanl and the Seller(Landlord except that.
(i) the Designated Agent will not disclose the Buyer/Tenant is willing to pay a price or agree to terms other than those contained in the Offer. or Thal the SeOed
Landlord Is willing to accept a price or terms other than those contained in the Listing:
iii) the Designated Agent will not disclose the molwation of the BuyerlTenaN to buy or lease a the SellerlLandbrd to seu or tease u~iless aulhorizetl m wn6ng
by the Buyer/Tenant or the SellerlLantllord:
(il~) the Designated Agent will not disGose personal information, not otherwise necessarily disdosed in the Gansaclion documentation. about the Buyer/Ten2rn
or SellerlLandlord to the other party unless authorized in writing.
C without limiting Clause 3B, the Designated Agent will disclose to the Buyer/Tenant defects about the physical condition o1 the Property known to the DesignateA
Agent.
4
The Buyerffenant and Seller/Landlord hereby conseN (o the Collection, use and discbsure by the Brokerage. and by the managing broker(s), associate brokers) and
represenlailve(s) of the Brokerage (collectively the "Licensee' ~ notetl below, and the real estate board in whose jurisdiction the Property is located and/or of which the
Brokerage or Licensee is a member. of personal information about the Buyer/Tenant and SetlerlLandlord:
A
for all purposes related to the provision of real estate services by the Licensee to the BuyerfTenant and SelledLandlord includirx~ but not I~mded ic,
providing information to third parties including lawyers and notaries public. financial institutions. govemmenl departments and agencies and budding inspectors:
for the purpose of placement in the database of a Multiple Listing Service .
B
for compilatwn, retention and puhlication by such real estate board of any statistics including h~storicat MulLple Lisl~ng Sero~ce data for use by persons
C
authonzed to use the Multiple Listing Service' of such real estate board.
D
for such other purposes as are appropnate in connection with the listing. marketing. leasing and se~hng o!rest estate'
E
for enforung codes of professional Conduct and ethics for members of real estate boards.
F
for all other purposes aulhprized m this Contract. and
for the purposes hand to the reupients) descriaed ~n the brochure published Dy the British Columba Real Estate Association enbtletl Wo~kmy
G
W!h a REALTOR
5
This Agreement shall be effective on the date set out below
y,, 2U I S
6. S 6NED. SEALED AND DELIVERFO THIS 2~ _ OF M1rch
L'"~'~L"t~{~"~~
F:U FR'S•'Tf ,r~TSSK;pr~~7U~C'
~~~
~~ BY SIGNING THIS CONTRACT THE BUYER/TENANT
AND THE SELIERIIANDLORDACKNOWLEDGEHAVING
~ RECEIVED. READ AND UNDERST000 THE BROCHURE
PUBLISHED BY THE BRITISH COLUMBIA REAL ESTATE
ASSOCIATION ENTITLED WORKING WITNA REALTOR ,
tiuv[ +~.'1C~vnu r ~ SiGN~iUieF
.gtai~i of+rrs sicr.nTUHt
~~
~~~~
S[LLER'S4nNf)I nRD'S SIGNnfUR(
~~
Cn~~~ti'C~~ ~Bllhel'
13ftUKFR .,:(f'R i~
ori-ron Realt'(f~
-
S GNATfD AGENrg SiGN~~lURC
~'`'`
f lit ~)Ch()~I
DGgIGNl~Tf_D i.GENT IP~~h f)
~ W1TN[S$ iQ BUYERIS )/7FNANT~S~~ SIGNATURE:
WITNESS Tp SLLIER(S'lll ANOLORUiSI SIGNAIURf
c~c~ ~ESIGNATCDAGCtdTSS<;Nn.TURf:
OLSIGNAT[.0 AGI:N7 IPRiN 1 Y
'PR[C represents Personal Reai Estate Corporation
Trademarks are ownetl or controlletl by The Canatl~an Real Estate Assoaa6on {CREA) and iCenUry real estate protEssicnals who are members ~f CREA (REALTOR:~~i and%o~ the
qualdy nt servic.~s they provide (MLScu~)
BC2041 REV DA JUL 2013
COPYRIGHT - BC REAL ESTATE ASSOCIATION
~~
I1I10M~
'+F`' "``
Okanagan P~ainhne Real Estate Board
Multiple Listing
Service0
pages
DATE: September 4, 201 ti
MLSO No.
RE ADDRESS #102 4000 Trails Ylace
~~ye _ 1 _or__1
Districtof- Peachland
VOID 1X~
FURTHER TO THE CONTRACT OF PURCHASE AND SALE DATED Npvember 11.2013
MADE BETWEEN I'onderos~ Peachland Development I_.P.
AS SELLER, AND
AS BUYER AND COVERING I
Marion Mitchell &John Mitchell
T'he ~3uyer Sc Selier agree to the follo~vint:
COMPLI:'I'ION: The Completion Date will he 10 business days from court approval or such other date as may be
aineed upon bct~vecn the parties follo~~ing court approval.
ALL OTHER TERMS AND CONDITIONS CONTAINED IN THE SAID AGREEMENT REMAIN THE SAME AND IN FULL FORCE AND
SIGNATURE)
(BUYER'S 51GNATURE)
Rev. 11103
WEBFamsT"' Jan12005
2015-08-28, 09:45:11
Requestor: Sandy Crema
TITLE SEARCH PRINT
File Reference: 34487-0015
**CURRENT INFORMATION ONLY - NO CANCELLED INFORMATION SHOWN**
Title Issued Under
STRATA PROPERTY ACT (Section 249)
Land Title District
Land Title Office
KAMLOOPS
KAMLOOPS
Title Number
From Title Number
CA4566774
L6535223
Application Received
2015-07-28
Application Entered
2015-08-27
~,refeRed to in the
Thfs (s Exhib t"~
~
Aftfdavit of
.-sworn~b\efore me at ~
may of___~2_,A.~•20~
this
A Com
Registered Owner in Fee Simple
Registered Owner/Mailing Address:
Taxation Authority
for
o
or
t
Atfidsvits
olumbie
0817642 B.C. LTD., INC.NO. BC0817642
#170 - 6660 GRAYBAR ROAD
RICHMOND, BC
V6W 1 H9
MUNICIPALITY OF PEACHLAND
Description of Land
029-638-194
Parcel Identifier:
Legal Description:
STRATA LOT 33 DISTRICT LOTS 220, 902 AND 2897 OSOYOOS DIVISION YALE DISTRICT
STRATA PLAN EPS1699
TOGETHER WITH AN INTEREST IN THE COMMON PROPERTY IN PROPORTION TO
THE UNIT ENTITLEMENT OF THE STRATA LOT AS SHOWN ON FORM V
Legal Notations
PHASED STRATA PLAN DECLARATION (FORM P) FILED CA3834090
2014-07-11
AMENDED FORM P FILED, SEE CA4566773
HERETO IS ANNEXED EASEMENT R72986 OVER
(1) THAT PART OF LOT 47 PLAN 30173 SHOWN AS PARCEL B ON PLAN A14438
(2) THAT PART OF LOT 48 PLAN 30173 SHOWN AS PARCEL A ON PLAN A14438
LOCAL GOVERNMENT ACT, NOTICE OF PHASED DEVELOPMENT, S.905.6
SEE LB488009
Title Number: CA4566774
TITLE SEARCH PRINT
Page 1 of 12
~~
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TITLE SEARCH PRINT
THIS TITLE MAY BE AFFECTED BY A PERMIT UNDER PART 26 OF THE LOCAL
GOVERNMENT ACT, SEE LB510597 EXPIRES 2027/06/01
THIS TITLE MAY BE AFFECTED BY A PERMIT UNDER PART 26 OF THE LOCAL
GOVERNMENT ACT, SEE L6518091
Charges, Liens and Interests
Nature:
Registration Number:
Registered Owner:
Remarks:
UNDERSURFACE RIGHTS
44621 E
THE DIRECTOR OF SOLDIER SETTLEMENT
INTER ALIA
DD 142806E OTHER THAN THOSE EXCEPTED BY THE CROWN
Nature:
Registration Date and Time:
Registered Owner:
Remarks:
STATUTORY RIGHT OF WAY
S8046
1981-01-30
THE CORPORATION OF THE DISTRICT OF PEACHLAND
INTER ALIA
SEC 215 LAND TITLE ACT
Nature:
Registered Owner:
Remarks:
COVENANT
S23133
1981-03-20
INTER ALIA
SEC 215 LAND TITLE ACT
Nature:
Registered Owner:
Remarks:
COVENANT
W64572
1984-11-30 14:55
INTER ALIA
INCLUDES INDEMNITY UNDER SEC 215(2)(A)
LAND TITLE ACT
Nature:
Registered Owner:
Remarks:
UNDERSURFACE RIGHTS
KD48313
1990-06-05 12:19
HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF
BRITISH COLUMBIA
INTER ALIA
SEE KD48312 SECTION 47 LAND ACT
11TLE SEARCH PRINT
Page 2 of 12
2015-08-28, 09:45:11
TITLE SEARCH PRINT
Nature:
Registration Date and Time
Registered Owner:
Remarks:
Nature:
Registered Owner:
Remarks:
Nature:
Registered Owner:
Transfer Number:
Remarks:
MORTGAGE
LB450555
2011-02-28 14:46
INCORPORATION NO. A67154
INTER ALIA
MODIFIED BY LB499349
ASSIGNMENT OF RENTS
L6450556
2011-02-28 14:46
INTER ALIA
MODIFIED BY LB499350
MORTGAGE
LB466313
2011-05-19 10:17
PONDEROSA HOLDINGS(BOG) LIMITED
INCORPORATION NO. BC1015825
CA4272625
INTER ALIA
Transfer Number:
Remarks:
ASSIGNMENT OF RENTS
LB466314
2011-05-19 10:17
PONDEROSA HOLDINGS(BOG) LIMITED
CA4272626
INTER ALIA
Nature:
Registered Owner:
Remarks:
LB471608
2011-06-28 12:24
FORTISBC INC.
INTER ALIA
Nature:
Registered Owner:
Remarks:
COVENANT
CA2224930
2011-10-07 16:29
THE CROWN IN RIGHT OF BRITISH COLUMBIA
INTER ALIA
Nature:
Registered Owner:
TITLE SEARCH PRINT
Page 3 of 12
Z~
2015-08-28, 09:45:11
TITLE SEARCH PRINT
Nature:
Remarks:
PRIORITY AGREEMENT
CA2224931
2011-10-07 16:29
INTER ALIA
GRANTING CA2224930 PRIORITY OVER L6450555 AND
LB450556
Nature:
Remarks:
PRIORITY AGREEMENT
CA2224932
2011-10-07 16:29
INTER ALIA
GRANTING CA2224930 PRIORITY OVER LB466313 AND
LB466314
Nature:
Remarks:
MODIFICATION
LB499349
2012-02-03 15:02
INTER ALIA
MODIFICATION OF LB450555
Nature:
Remarks:
MODIFICATION
LB499350
2012-02-03 15:02
INTER ALIA
MODIFICATION OF LB450556
Nature:
Remarks:
PRIORITY AGREEMENT
LB499351
2012-02-03 15:02
INTER ALIA
GRANTING LB450555(MODIFIED BY LB499349) PRIORITY
OVER LB466313 AND LB466314
Nature:
Remarks:
PRIORITY AGREEMENT
LB499352
2012-02-03 15:02
INTER ALIA
GRANTING LB450556(MODIFIED BY LB499350) PRIORITY
OVER I_B466313 AND LB466314
Nature:
Registered Owner:
Remarks:
COVENANT
CA2549010
2012-05-17 15:49
DISTRICT OF PEACHLAND
INTER ALIA
TITLE SEARCH PRINT
Page 4 of 12
.
2015-08-28, 09.45.11
TITLE SEARCH PRINT
Nature:
Remarks:
PRIORITY AGREEMENT
CA2549011
2012-05-17 15:49
INTER ALIA
GRANTING CA2549010 PRIORITY OVER LB450555 AND
LB450556
Nature:
Remarks:
PRIORITY AGREEMENT
CA2549012
2012-05-17 15:49
INTER ALIA
GRANTING CA2549010 PRIORITY OVER L6466313 AND
LB466314
Nature:
Registered Owner:
Remarks:
COVENANT
L6505482
2012-05-29 14:33
INTER ALIA
Nature:
Remarks:
PRIORITY AGREEMENT
L6505483
2012-05-29 14:33
INTER ALIA
GRANTING LB505482 PRIORITY OVER LB450555,
LB450556, LB499349 AND LB499350
Nature:
Remarks:
PRIORITY AGREEMENT
LB505484
2012-05-29 14:33
INTER ALIA
GRANTING LB505482 PRIORITY OVER LB466313 AND
L6466314
Nature:
Registered Owner:
Remarks:
COVENANT
LB520532
2013-07-30 14:56
INTER ALIA
Nature:
Registered Owner:
CA3476738
2013-11-27 12:02
GEOTILITY SYSTEMS CORP.
INTER ALIA
Remarks:
TITLE SEARCH PRINT
Page 5 of 12
'~~1/
~~
2015-08-28, 09:45:11
TITLE SEARCH PRINT
Nature:
Registered Owner:
Remarks:
COVENANT
CA3476739
2013-11-27 12:02
GEOTILITY SYSTEMS CORP.
INTER ALIA
Nature:
Remarks:
PRIORITY AGREEMENT
CA3476740
2013-11-27 12:02
INTER ALIA
GRANTING CA3476738 PRIORITY OVER L6450555,
L6466313, LB466314, LB450556, LB499349 AND
L6499350
Nature:
Remarks:
PRIORITY AGREEMENT
CA3476741
2013-11-27 12:02
INTER ALIA
GRANTING CA3476739 PRIORITY OVER LB450555,
L6466313, LB466314, LB450556, LB499349 AND
LB499350
Nature:
Registered Owner:
Remarks:
CA3522057
2013-12-20 15:54
BRITISH COLUMBIA HYDRO AND POWER AUTHORITY
INTER ALIA
Nature:
Registered Owner:
CA3522058
2013-12-20 15:54
TELUS COMMUNICATIONS INC.
INTER ALIA
Remarks:
Nature:
Remarks:
PRIORITY AGREEMENT
CA3522059
2013-12-20 15:54
INTER ALIA
LB466313, LB466314, L6450556, LB499349 AND
LB499350
TITLE SEARCH PRINT
Page 6 of 12
~~
2015-08-28, 09:45:11
TITLE SEARCH PRINT
Nature:
Remarks:
PRIORITY AGREEMENT
CA3522060
2013-12-20 15:54
INTER ALIA
LB466313, LB466314, LB450556, LB499349 AND
LB499350
Nature:
Registered Owner:
CLAIM OF BUILDERS LIEN
CA3617190
2014-03-03 16:09
TRANS CANADA LUMBER INC.
INCORPORATION NO. BCO272860
INTER ALIA
Remarks:
Remarks:
LB527382
2014-03-18 14:41
0734465 BC LTD.
INCORPORATION NO. 0734465
INTER ALIA
Nature:
Registered Owner:
Remarks:
L6527584
2014-03-25 13:01
MADGE CONTRACTING LTD.
INTER ALIA
Nature:
Registration Number;
Registered Owner:
CA3647697
2014-03-26 13:41
VANTAGE POINT LAWN AND GARDEN CARE LTD.
INTER ALIA
Nature:
Registered Owner:
Remarks:
Nature:
Registered Owner:
Remarks:
LB527861
2014-04-03 09:00
KELOWNA READY-MIX INC.
INTER ALIA
TITLE SEARCH PRINT
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~~
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TITLE SEARCH PRINT
Nature:
Registered Owner:
Remarks:
Nature:
Registered Owner:
Remarks:
Nature:
Registered Owner:
Remarks:
Nature:
Registered Owner:
Remarks:
Nature:
Registered Owner:
Remarks:
Nature:
Registered Owner:
Remarks:
CA3665194
2014-04-04 15:06
CENTRAL CITY HARDWARE (1980) LTD.
INTER ALIA
CA3667637
2014-04-08 10:20
SUPER SAVE DISPOSAL INC.
INTER ALIA
CA3676918
2014-04-14 14:58
PLOUTOS ENTERPRISES LTD.
INTER ALIA
CA3676919
2014-04-14 14:58
PLOUTOS ENTERPRISES LTD.
INTER ALIA
CA3677065
2014-04-14 15:48
HORIZON ELECTRIC INC.
INTER ALIA
CA3677734
2014-04-15 09:43
BRICOR MECHANICAL LTD.
INTER ALIA
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~~
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TITLE SEARCH PRINT
Nature:
Registered Owner:
Remarks:
Nature:
Registered Owner:
Remarks:
Nature:
Registered Owner:
Remarks:
CA3678176
2014-04-15 10:51
GEOTILITY GEOTHERMAL INSTALLATIONS CORP.
INTER ALIA
CA3684223
2014-04-17 15:21
0932657 B.C. LTD.
INTER ALIA
CA3684944
2014-04-21 15:08
CANADIAN VINYLTEK WINDOW CORPORATION
INTER ALIA
Remarks:
CA3686578
2014-04-22 15:37
PRO BUILDERS SUPPLY LTD.
INTER ALIA
Nature:
Registered Owner:
Remarks:
LB528474
2014-04-25 12:14
CRYSTAL CLASSIC EXTERIORS INC.
INTER ALIA
Nature:
Registered Owner:
CA3695146
2014-04-28 12:23
COAST WHOLESALE APPLIANCES INC.
INTER ALIA
Nature:
Registered Owner:
Remarks:
Nature:
Registered Owner:
Remarks:
CA3696154
2014-04-28 15:33
RM3 HOLDINGS INC.
INTER ALIA
TITLE SEARCH PRINT
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~~
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TITLE SEARCH PRINT
Nature:
Registered Owner:
Remarks:
LB528539
2014-04-29 10:02
WRS(LOWER MAINLAND) LP
INTER ALIA
Nature:
Registered Owner:
Remarks:
LB528540
2014-04-29 10:02
WRS(LOWER MAINLAND)LP
INTER ALIA
Nature:
Registered Owner:
CA3698130
2014-04-29 13:04
GRECO'S PAINTING LTD.
INTER ALIA
Remarks:
Nature:
Registered Owner:
Remarks:
LB528691
2014-05-05 13:29
PINE LIGHTING LTD.
INTER ALIA
Nature:
Remarks:
PRIORITY AGREEMENT
CA3834079
2014-07-11 10:06
INTER ALIA
GRANTING LB520532 PRIORITY OVER L6450555
(MOD BY LB499349), AND L6450556(MOD BY LB499350)
Nature:
Remarks:
PRIORITY AGREEMENT
CA3834080
2014-07-11 10:06
INTER ALIA
GRANTING L6520532 PRIORITY OVER L6466313 AND
L6466314
Nature:
Registered Owner:
Remarks:
COVENANT
CA3834109
2014-07-11 10:06
INTER ALIA
TITLE SEARCH PRINT
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2015-08-28, 09:45:11
TITLE SEARCH PRINT
Nature:
Remarks:
PRIORITY AGREEMENT
CA3834110
2014-07-11 10:06
INTER ALIA
GRANTING CA3834109 PRIORITY OVER L6450555
(MOD BY LB499349)
Nature:
Remarks:
PRIORITY AGREEMENT
CA3834111
2014-07-11 10:06
INTER ALIA
GRANTING CA3834109 PRIORITY OVER LB450556
(MOD BY L6499350)
Nature:
Remarks:
PRIORITY AGREEMENT
CA3834112
2014-07-11 10:06
INTER ALIA
Nature:
Remarks:
PRIORITY AGREEMENT
CA3834113
2014-07-11 10:06
INTER ALIA
Nature:
Registered Owner:
Remarks:
COVENANT
CA3834116
2014-07-11 10:06
INTER ALIA
Nature:
Remarks:
PRIORITY AGREEMENT
CA3834117
2014-07-11 10:06
INTER ALIA
(MOD BY LB499349)
Nature:
Remarks:
PRIORITY AGREEMENT
CA3834118
2014-07-11 10:06
INTER ALIA
(MOD BY LB499350)
TITLE SEARCH PRINT
Page 11 of 12
z$
TITLE SEARCH PRINT
2015-08-28, 09:45:11
Nature:
Remarks:
PRIORITY AGREEMENT
CA3834119
2014-07-11 10:06
INTER ALIA
Nature:
Remarks:
PRIORITY AGREEMENT
CA3834120
2014-07-11 10:06
INTER ALIA
Duplicate Indefeasible Title
NONE OUTSTANDING
Transfers
~L~]►1~
Pending Applications
NONE
TITLE SEARCH PRINT
Page 12 of 12
No. S144265
Vancouver Registry
In the Supreme Court of British Columbia
IN THE MATTER OF THE COMPANIES'CREDITORS
ARRANGEMENT ACT, R.S.C. 1985, c. C-36, AS AMENDED
/.\~I~7
IN THE MATTER OF A PLAN OF COMPROMISE OR
ARRANGEMENT OF PONDEROSA PEACHLAPJD
DEVELOPMENT LIMITED PARTNERSHIP, TREEGROUP
PONDEROSA DEVELOPMENT CORP., and 0817642 B.C. Ltd.
BETWEEN:
Petitioner
AND:
PONDEROSA PEACHLAND DEVELOPMENT LIMITED
PARTNERSHIP, TREEGROUP PONDEROSA DEVELOPMENT
CORP., and 0817642 B.C. Ltd.
Respondents
AFFIDAVIT
CASSELS BROCK & BLACKWELL ~~P
Lawyers
Suite 2200 — 885 West Georgia Street
Vancouver, B.C. V6C 3E8
Telephone: (604) 691-6121
Facsimile: (604) 691-6120
E-mail: [email protected]
Attention: Steven D. Dvorak
SDD/cef
Legal`15544792.1
Matter#43258.15

This is the 10th Affidavit of Cinda Ferguson in this case and was

Transcription

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