This “Important Notice” is to be attached to the Legal Charge Form in case the mortgagor(s) is a third-party individual, please delete this Notice if the mortgagor is a corporate
Important Notice 重要通告
This Deed is an important legal document. It will create legal obligations and liabilities on your part once signed. You are strongly advised to seek independent legal advice from your own lawyer before signing this Deed, to make sure that you understand the contents of this Deed and the full consequences of your signing this Deed.
本契據為重要法律文件。一經 閣下簽署，即產生法律義務及責任。 在簽署本契據之前，務請 閣下向 閣下的律師尋求獨立法律意見，確保 閣下明白本契據的內容，以及 閣下簽署本契據後的全部後果。
Without prejudice to any provision of this Deed, please note that :-
在不影響本契據任何條文的情況下，請注意：-
(a) By signing this Deed, you will be liable for :
藉簽署本契據， 閣下須承擔：
(1) all sums of moneys, obligations and liabilities, whether past, present or future, actual or contingent, now or may at any time hereafter be or become from time to time due, owing or incurred to us by the Borrower as detailed in this Deed, including further or changed facilities that may be extended to the Borrower without your consent to an unlimited extent; and
借款人欠下本公司或令本公司招致之所有款項、責任及債務 不論該款項、責任及債務是過往、現時或將來的;實際或或有的; 現在或可能此後 於任何時間 或不時到期的、借款人欠下或令本公司招致的, 包括無須獲取閣下同意而向借款人提供的額外或經變更的信貸安排 (詳情見本契據) ，並無限額；及
(2) all other sums of money, obligations and liabilities which you and/or the Borrower covenant to pay to us under the terms of this Deed.
閣下及/或借款人根據本契據的條款承諾向本公司償還及承擔的所有其他款項、責任及債務。
(b) Your liability under this Deed will be unlimited.
閣下在本契據下的責任將屬無限。
(c) If there is more than one of you, this Deed will bind all of you jointly and also each of you on your own.
若簽署本契據不只閣下一人，本契據將對你們 一 起 具有共同約束力，亦對你們每人有各別約束力。
(d) Your liability to us under this Deed is payable forthwith on demand.
閣下須在本公司要求時，立即支付本契據下的債務。
(e) By way of example but without limitation, you may be called upon to pay under this Deed if the Borrower fails to pay to us the Secured Indebtedness (as defined in Clause 1 of this Deed) or any part thereof or if you and/or the Borrower is or are or shall become insolvent, or bankruptcy or winding up or analogous proceedings are or shall be taken by or against you and/or the Borrower.
舉例來說(但不限於)，若借款人未能向本公司支付 抵押債項(定義見本契據條款1)或其任何部分，或 閣下及/或借款人為或將會無力償債，或破產或清盤或 閣下及/或借款人現正或將採取或面對類似的法律程序，則 閣下須按本契據支付 。
(f) You will charge or mortgage the property described in the Schedule to this Deed (the “Property”) to secure the Secured Indebtedness and the due fulfillment by you and the Borrower of the agreements covenants and conditions contained in this Deed.
閣下將以 本契據附表所 載 列之 物業( 稱「該物業」) 抵押或按揭予本公司，以作
為償還 抵押債項及 閣下與借款人完全履行本契據所載協議契諾及條件之抵押品 。
(g) We shall have the right (but shall not be obliged), without your consent to take possession of, and sell, the Property if you do not pay the Secured Indebtedness or any part thereof or if you or the Borrower shall become insolvent, or if bankruptcy or winding up or analogous proceedings is or are taken by or against you and/or the Borrower, or if any other events of default as set out in this Deed shall occur; and if the net proceeds we receive from the sale of the Property shall be insufficient to discharge in full the Secured Indebtedness, to claim and recover from you any shortfall.
若 閣下未償還或若 閣下或借款人將會無力償債抵押債項或其任何部分，或若閣下或借款人破產或清盤或 閣下及/或借款人現正或將採取或面對類似的法律程序，或若本契據所載任何其他違約事件發生，本公司有權(但無責任)接管及出售該物業，且無 須取得閣下同意；及本公司有權 向 閣下申索及追討抵押債項與本公司出售該物業實收款項之間的差額。
(h) This Deed is a continuing security. Nevertheless, you may extinguish your liability under this Deed if you shall have paid to us all sums of moneys, obligations and liabilities secured by this Deed in full and duly performed and observed all the terms covenants conditions and agreements provided in this Deed and there is no breach of any of such terms covenants conditions and agreements.
本契據為持續性抵押品 。然而，若 閣下全數支付本公司於本契據項 下擔保之所有款項、責任及債務，並己完全履行及遵守本契據中所有條款契諾條件及協議， 閣下在本契據項下之責任可被解除 。
(i) Should there be any inconsistency between the above information and this Deed, this Deed shall always prevail.
倘以上資料與本契據有任何歧異，一概以本契據為準。
OCBC Wing Hang Credit Limited
華僑永亨信用財務有限公司
______
I/We, the undersigned, hereby confirm that I/we have received and read the above Notice and understand its contents.
茲本人/吾等(下述簽署人)確認已收到及閱覽以上通告，並明白其內容。
I/ We further confirm that:-
本人/吾等再次確認：-
Please put a Ö in the appropriate q
請在合適方格q內加上 Ö 號
(i) I /We have elected to enter into the above mentioned Deed in favour of OCBC Wing Hang Credit Limited as security
limited
unlimited
in amount; and
本人/吾等已決定給予華僑永亨信用財務有限公司上述契據作抵押，抵押在金額上為
有限
無限
及
(ii) before my/our election, I/we have been given an option by you to choose whether the said security to be given by me / us is of limited or unlimited in amount.
在本人/吾等決定簽署上述契據之前，華僑永亨信用財務有限公司已讓本人/吾等選擇抵押在金額上應是有限或無限。
______
Mortgagor 按揭人: Mortgagor 按揭人:
Name姓名: Name姓名:
HKID No. 香港身分證號碼 : HKID No. 香港身分證號碼:
Date日期: Date日 期:
- 2 -
Legal Charge 3P
MKT_E_272_1215_LC3P
THIS LEGAL CHARGE is made the day of
Two thousand and
BETWEEN :-
(hereinafter called "the Mortgagor") of the first part,
(hereinafter called "the Borrower") of the second part and OCBC WING HANG CREDIT LIMITED (華僑永亨信用財務有限公司) whose registered office is situate at 14/F., Tai Yau Building, 181 Johnston Road, Wanchai, Hong Kong (hereinafter called "the Lender") of the third part.
WHEREAS :-
The Borrower through the Mortgagor has applied to the Lender to grant or continue to grant to the Borrower loan facilities and the Lender has agreed to grant or continue to grant the same to such extent and upon and subject to such terms and conditions as the Lender shall at its absolute discretion from time to time think fit (hereinafter called "the Facilities") and upon the Mortgagor and the Borrower entering into the covenants and obligations hereinafter contained and upon the Mortgagor charging the Property (as hereinafter defined) as security for the due payment of all moneys payable or which may at any time hereafter or from time to time become payable by the Borrower to the Lender or which may be or become payable to the Lender by the Mortgagor or the Borrower under any of the agreements covenants and conditions contained in this Charge and interest thereon as hereinafter provided.
NOW THIS DEED WITNESSETH AND IT IS HEREBY AGREED AND DECLARED as follows :-
1. DEFINITIONS AND INTERPRETATION
1.01 In this Charge if the context so permits or requires and where not inapplicable the following expressions shall have the following meanings:-
(i) "Borrower" and any substituted word therefor throughout this deed shall (if the context permits) in the case of an individual include the person specifically named and his executors administrators and assigns and in the case of a company or corporation include the company or corporation specifically named and its successors and assigns and in the case of sole proprietorship or partnership include the person/persons who is/are the sole proprietor or the partners in the business of the Borrower at the time of execution of this Legal Charge and their respective executors and administrators and any other person who shall at any time hereafter be or have been a partner therein and his or their respective executors and administrators and the successors to such partnership business and each and all of the covenants and agreements entered into herein by the Borrower with the Lender shall be deemed to have been made jointly and severally by all such persons so that the covenants and agreements herein may be enforced by the Lender against such borrower(s) either jointly or severally as the Lender shall in its absolute discretion decide or circumstances require;
(ii) "Charge" means this Legal Charge or Charge as from time to time supplemented or amended;
(iii) "Deed of Covenant" means and includes the Deed of Covenant, Deed of Mutual Covenant, Deed of Mutual Covenant and Management Agreement and document of a similar nature more particularly described in the Schedule hereto and any variation or modification thereof;
(iv) “Event of Default” means any one or more of the events of default specified in Clause 5.01;
(v) “Government” means the Government of Hong Kong;
(vi) "Government Grant" means and includes the Government Lease, Conditions of Grant, Conditions of Regrant, Conditions of Sale, Conditions of Exchange or government grant of a similar nature more particularly described in the Schedule hereto and any variation or modification thereof under which the Property is held from the Government at the date hereof by the Mortgagor;
(vii) “Hong Kong” means the Hong Kong Special Administrative Region of the People’s Republic of China;
(viii) "Lender" wherever used shall include the Company specifically named and its successors and assigns;
(ix) "Mortgagor" and any substituted word therefor throughout this deed shall (if the context permits) in the case of an individual include the person specifically named and his executors administrators and assigns and in the case of a company or corporation include the company or corporation specifically named and its successors and assigns and in the case of persons holding as tenants in common include the persons specifically named and their respective executors administrators and assigns and in the case of persons holding as joint tenants include the persons specifically named and the survivors or survivor of them and the executors and administrators of such survivor his or their assigns and each and all of the covenants and agreements entered into herein by the Mortgagor with the Lender shall be deemed to have been made jointly and severally by all such persons so that the covenants and agreements herein may be enforced by the Lender against such mortgagor(s) either jointly or severally as the Lender shall in its absolute discretion decide or circumstances require;
(x) "person" includes any individual, personal representative, company, incorporated or unincorporated body, juridical person, trust, partnership or firm and includes any successors and assigns;
(xi) "Property" means all or any part of the Property registered or to be registered in the name of the Mortgagor and the Mortgagor's interest therein and more particularly described in the Schedule hereto; and
(xii) "Secured Indebtedness" means all sums from time to time advanced by the Lender to the Borrower and outstanding in respect of the Facilities and all interest thereon and all other moneys and obligations in respect of moneys which the Mortgagor and the Borrower covenant to pay to the Lender under the provisions of Clause 2 hereof and/or all sums of moneys or loan facilities from time to time advanced or granted by the Lender to the Mortgagor or to other persons at the request of the Mortgagor and all interest thereon or otherwise owing by the Mortgagor and/or the Borrower to the Lender under the terms of this Charge.
1.02 Words importing the singular number shall include the plural number, and vice versa, and words importing the masculine or feminine or neuter gender shall include the others of them.
1.03 The Clause headings herein are inserted for convenience and for reference only and in no way define, limit or describe the scope of this document or the intent of any provision thereof.
1.04 Each and every covenant, agreement and undertaking contained in this Charge to be observed and performed by the Mortgagor and the Borrower shall be joint and several.
1.05 In this Charge, if the Mortgagor comprises two or more persons, the covenants, undertakings, representations, warranties and agreement by the Mortgagor shall be binding on all such persons jointly and severally, whether they hold as tenants in common or joint tenants or otherwise, so that all such covenants, undertakings, representations, warranties and agreement may be enforced by the Lender against such persons jointly and each of them severally as the Lender may, in its absolute discretion, decide or as circumstances may require.
1.06 In this Charge, if the Borrower comprises two or more persons :-
(a) the covenants, undertakings, representations, warranties and agreement by the Borrower shall be binding on all such persons jointly and severally, so that all such covenants, undertakings, representations, warranties and agreement may be enforced by the Lender against such persons jointly and each of them severally as the Lender may, in its absolute discretion, decide or as circumstances may require;
(b) unless the context requires otherwise, the expression “Borrower” means and includes all and any one or more of the persons constituting the Borrower, so that the Facilities granted or entered into and/or to be granted or entered into at any time and from time to time by the Lender under this Charge may be granted to or entered into with or for the account or at the request or any one or more of the persons constituting the Borrower and all obligations and liabilities, actual and contingent, primary and secondary, and joint and several, shall be secured by, and form part of the Secured Indebtedness under, this Charge.
2. COVENANT FOR REPAYMENT
2.01 In consideration of the Lender, at the request of the Mortgagor, granting to or entering into with, or agreeing to grant to or enter into with, or continuing to grant to or enter into with the Borrower the Facilities, or otherwise granting forbearance, indulgence or other accommodation or entering into any arrangement or transactions whatsoever to or for the account of, or at the request of, the Borrower, the Mortgagor and the Borrower HEREBY JOINTLY AND SEVERALLY COVENANT with the Lender that, subject as hereinafter provided, they will ON DEMAND, by notice in writing of the Lender made to the Mortgagor and/or the Borrower as hereinafter provided, PAY make good and discharge to the Lender all sums of moneys, obligations and liabilities, whether past, present or future, actual or contingent, which are now or may at any time hereafter be or become from time to time due, owing or incurred to the Lender anywhere by the Mortgagor and/or the Borrower (in each and every case, whether alone or jointly with any other person, in whatever style or form, and whether as principal or surety) including, but not limited to :-
(i) all sums of money which at the date of such demand may be outstanding and according to the books of the Lender, payable by the Mortgagor and/or the Borrower to the Lender in respect of any account whatsoever between the Borrower and the Lender; and
(ii) all sums of money for the time being owing to the Lender in respect of :-
(a) all bills of exchange or drafts (whether clean or documentary) ("bills or drafts") drawn on the Borrower by any person, firm or company in any place and which may have been then purchased, discounted or otherwise acquired by the Lender or may be in the hands of the Lender for collection only;