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Property Deed of Charge

Date:

By:THE PERSON DESCRIBED IN ITEM 1 OF THE SCHEDULE (“Owner”)

In Favour Of:THE SECRETARY TO THE DEPARTMENT OF HUMAN SERVICES a body corporate constituted under the Health Act 1958 of 555 Collins Street, Melbourne (“Department”)

Recitals:

A.The Department has or may provide financial assistance to the Owner for the renovation of the Property that will be used for the Approved Purpose.

B.The parties wish to record the terms and conditions upon which such financial assistance will or has been made to the Owner.

Operative provisions:

1Interpretation and Miscellaneous

1.1In this deed unless the context otherwise requires:

(a)Property means the whole of the land described in Item 2 of the Schedule.

(b)Approved Purpose means the purpose set out in Item 3 of the Schedule.

(c)Authorised Officer means in the case of the Department, a person appointed by the Department to act as an Authorised Officer for the purpose of this deed as notified in writing to the Owner and who at the date of this deed bears the title referred to in Item 6 of the Schedule.

(d)Payment means the amount set out in Item 5 of the Schedule.

(e)Person means the person set out in Item 4 of the Schedule.

1.2In this deed:

(a)the singular includes the plural and vice versa;

(b)a reference to an individual or person includes a corporation, partnership, joint venture, authority, trust, state or government and vice versa;

(c)a reference to any gender includes all genders;

(d)a reference to any party to this deed includes that party’s executors, administrators, substitutes, successors and permitted assigns;

(e)where an expression is defined, another part of speech or grammatical form of the expression has a corresponding meaning;

(f)a reference to “dollars” of “$” is to Australian currency.

2Conditions of Payment

2.1The Department has paid or will pay the Owner the Payment subject to the following conditions:

(a)the Property be used for Approved Purpose; and

(b)the Owner maintain during the term of this deed the Property in good repair and insure the Property for loss and damage and will effect public risk liability insurance in connection with the Property to the satisfaction of the Department; and

(c)the Owner will repay to the Department the amount of the Payment less an amount equivalent to 10% of the Payment for each whole year that has elapsed since the date the Payment was made (“Relevant Interest”) if

(i)the Property ceases to be used for the Approved Purpose; or
(ii)the Owner sells the Property.

(d)the Owner will not be required to pay to the Department the Relevant Interest if the Person dies or if a Guardianship Order is revoked at any time up to the 10th anniversary of the date on which the Payment was made.

3Covenant to Charge

3.1In consideration of the Department agreeing to pay the Payment to the Owner, the Owner:

(a)as registered proprietor and beneficial owner of the Property, charges all of its present and future right, title and interest in the Property and all of its present and future right, title and interest in all fittings and fixtures of the Property as security for the payment to the Department of the Relevant Interest and as security for complying with this deed; and

(b)if requested by the Department agrees to grant to the Department a mortgage over the property on the terms and conditions contained in the standard mortgage cover sheet No.487963A and Memorandum of Common Provisions No.A342 as prepared and updated from time to time by the Law Institute of Victoria (or any successor body to the Law Institute of Victoria) and as amended as required by Department’s solicitors in order to make the mortgage relevant to this transaction.

4Other Security

4.1If the Department consents to another security over the Property then the Owner must, on request by the Department, get an agreement acceptable to the Department regarding the priority between this and the other security.

4.2The Owner agrees not to increase any amount owing under any security without the Department’s consent.

4.3The Owner must arrange for the discharge of any security which the Department has not consented to.

5Building and other works

5.1The Owner must get the Department’s consent and all necessary approvals from authorities before the Owner carries out or permits works to the Property, or enters into a contract to carry them out.

5.2The Owner must:

(a)comply with all laws, requirements of authorities, easements and covenants which affect any works; and

(b)ensure that all works are done competently and completed within a reasonable time; and

(c)obtain and give the Department the relevant certificates the Department requires (such as certificates of satisfactory completion or compliance); and

(d)obtain the Department’s prior approval to all plans and specifications for the works.

5.3The Department is not liable for any loss in connection with works the Department consents to (including loss arising out of plans or specifications the Department may approve).

5.4If the Department monitors works (such as inspecting or accepting any part of their construction or approving plans), the Department will be doing so for the Department’s own purposes. The Department does not owe the Owner any duty to exercise care or skill in doing so.

6Notices

6.1A notice, approval, consent or other communication in connection with this deed:

(a)must be in writing and addressed to the other party; and

(b)must be left at the address of the relevant party, or sent by prepaid ordinary post to the address of the relevant party or sent by facsimile to the facsimile number of the relevant party which is specified in Item 6 of the Schedule or if the relevant party notifies another address or facsimile number then to that address or facsimile number.

6.2Unless a later time is specified in it a notice, approval, consent or other communication takes effect from the time it is received except that, if it is received after 5.00pm in the place of receipt or on a non-working day in that place, it is to be taken to be received at 9.00am on the next succeeding working day in that place.

6.3A letter or facsimile is taken to be received:

(a)in the case of a posted letter, on the third day after posting; and

(b)in the case of facsimile, on production of a transmission report by the machine from which the facsimile was sent which indicates that the facsimile was sent in its entirety to the facsimile number of the recipient notified for the purpose of this clause.

EXECUTED as a deed poll.

Schedule to Property Deed of Charge

Item 1

0Name and address of Owner:[Insert details]

Item 2

1Property Description: the land described in certificate of title volume folio and located at [ ] together with all present and future fixtures, fittings and improvements erected on it.

Item 3

2Approved Purpose: renovation of the Property in order for the Owner to provide accommodation and support to the Person described in Item 4

Item 4

3Person: [Insert name of the person that the Department has provided the Payment for ]

Item 5

4Payment$ [Insert amount]

Item 6

5Authorised Officer

6Department:

7Authorised Officer:

8Address:

9

10Facsimile:

11Owner:

12Facsimile:

DDRES2001

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Execution page

SIGNED, SEALED AND DELIVERED by [Owner] in the presence of:
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Signature of witness
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Name of witness (block letters)
......
Address of witness
......
Occupation of witness / )
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Signature of [Owner]

DDRES2001

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Property Deed of Charge
The person described in item 1 of the Schedule
(“Owner”)
In favour of:
Secretary to the Department of Human Services
(“Department”)
DEPARTMENT OF HUMAN
SERVICES
555 Collins Street, Melbourne
Victoria

DDRES2001