Auction Item special conditions
A COMMERCIAL AND RESIDENTIAL BUILDING AT WELFARE ROAD C/A 388/1989 & 281/2005 ON SINT MAARTEN
SPECIAL CONDITIONS
1. This auction concerns a foreclosure which implies that Seller’s liability will not extend beyond liability resulting from article 7:19 paragraph 1 of the Civil Code, which article reads as follows:
“On an execution sale, the buyer may not claim that the property is subject to a charge or encumbrance, which should not have encumbered it, or that the property does not conform to the contract, unless the seller was aware of this.”
2. Said immovable property shall be for Buyer's risk as of the adjudication.
3. Said immovable property shall be delivered in the actual condition it is in at the moment of the delivery. If said immovable property is destroyed or damaged in whole or in part, or devaluates in any other way after the adjudication, this cannot be invoked against Seller, irrespective of the cause.
4. Within two (2) business days after the adjudication buyer shall deposit with the civil law notary:
a. an amount equaling the transfer tax due upon transfer;
b. the fee of the civil law notary;
c. the Land Registry fee and the cost of Land Registry investigation;
d. the cost of cancellation of the registrations of mortgages and attachments;
e. the costs of advertising, process server, posters, appraisal, auctioneer's fee, and rent of the auction room;
f. the cost of revenue stamps and disbursements;
g. the outstanding property charges, including property tax, if any, and (if applicable) ground rent.
5. Within six (6) weeks after the adjudication buyer shall deposit the purchase price with the civil law notary.
6. A bidder and Buyer are obligated to immediately and at first request of the civil law notary submit proof of their solvency by means of a letter of guarantee, for a total amount of the bid increased with the taxes and costs mentioned before.
7. The aforementioned deed of mortgage stipulates that renting out the property requires written permission of the Creditor is. Creditor leaves it to Buyer to invoke the annulment of any rental agreements concerning the property, if necessary.
The Buyer shall, at Buyer’s own risk and expense, procure the free possession and enjoyment of the purchased property.
Seller does not vouch for Buyer's power to vacate.
8. The Buyer (highest bidder) is under the obligation to comply with the conditions, stated in preceding title deeds which in as far as they still may have any effect, are deemed together with the penalties mentioned thereby to be imposed by the Seller (Creditor) to the Buyer (highest bidder) and to be accepted by the latter, to be stipulated and accepted on behalf of those beneficiaries as and in the manner as mentioned in these conditions. Said conditions and penalties are, in so far as required, deemed to be incorporated literally in this deed and to form an integral part thereof.
In connection to known easements and other specific obligations, reference is made to:
A. The aforementioned deed of transfer in which mortgagor acquired said immovable property (A) in which is stated:
The appearers declared that the granting of the leasehold has been effected under the following conditions:
excavation with regards to the construction of access roads and the development of parcels of land for building may only be started after the permission has been obtained by the executive council;
This granting of long lease is further effected under the general conditions for granting on long lease of land belonging to the Island Territory of the Windward Islands, stipulated in the “Eilandsverordening op de uitgifte in erfpacht van gronden toebehorende aan het Eilandgebied de Bovenwindse Eilanden”, as specified in Island Ordinance A.B. 1954 No. 1.
B. The aforementioned deed of transfer of ownership in which Mortgagor acquired said immovable property, in which is stated:
The appearers, acting as aforementioned, declared that the land by these presents on long lease is to be used as an extension to the parcel of land, granted on long lease to Leaseholder, having an area of EIGHT HUNDRED SQUARE METERS (800M2), described further in Certificate of Admeasurement number 388 of nineteen hundred and eighty-nine (388/1989), which parcel of land was issued on long lease by deed passed before E.S. Rosario, a former civil law notary on Sint Maarten, on January twenty-third nineteen hundred and ninety, and transcribed in the public registers of Sint Maarten on January twenty-sixth nineteen hundred and ninety in Register C, Volume 99, Number 33, which long lease for that parcel of land therefore expires on January twenty-sixth two thousand and fifty.
The appearers, acting as aforementioned furthermore declared that the parcel of water issued on long lease by these presents shall be issued under the same conditions as under which the parcel of land described in Certificate of Admeasurement number 388/1989 was issued on long lease, in so far as from those conditions is not deviated hereinafter, and that is as far as the long lease conditions for the parcel of water issued on long lease by these presents are amended from the conditions under which the original parcel of land was issued on long lease that those amended conditions shall also apply to the parcel of land described in Certificate of Admeasurement number 388/1989.
The appearers declared that the granting of the leasehold has been effected under the following conditions:
I. a. The right of long lease commences at the transcription of the deed of issuance on long lease and end on January twenty-sixth, two thousand and fifty (January 26th, 2050);
b. The amendment of the right of long lease with the hereinbefore mentioned extension implies that all conditions and stipulations, dates for revision and date of termination (January twenty-sixth two thousand and fifty) of the original issuance on long lease mentioned hereinbefore and the Island Decree dated January twenty-seventh nineteen hundred and eighty-nine, Number 180, on which that issuance was based, are applicable to the mentioned extension, in as far as from those conditions is not deviated herewith, it being understood, that the long lease rent can be revised for the total property issued on long lease (water and land)on January twenty-sixth, two thousand and ten (January 26th, 2010) and every five (5) years thereafter;
c. the Leaseholder has the obligation to pay the fixed annual ground rent in
advance at the office of the Receiver of the Island Territory, for the first time before or on the day on which this
instrument is executed and each year
thereafter after a notice for payment
has been sent by same Receiver;
d. aforementioned annual ground rent is
fixed at FOUR GUILDERS, NETHERLANDS
ANTILLES CURRENCY, (NAFls.4,00) per
square meter for the parcel of land,
described in certificate of admeasurement number 281/2005 or TWO THOUSAND FOUR HUNDRED AND FIFTY-SIX GUILDERS, NETHERLANDS ANTILLES CURRENCY, (NAFls.2.456,00) per year, and at ONE GUILDER, NETHERLANDS ANTILLES CURRENCY, (NAFls.1,00) for the parcel of land, described in certificate of admeasurement number 388/1989 or EIGHT HUNDRED GUILDERS, NETHERLANDS ANTILLES CURRENCY, (NAFls.800,00) per year;
therefore in total the annual ground-rent for the two parcels of land amounts to THREE THOUSAND TWO HUNDRED AND FIFTY-SIX GUILDERS, NETHERLANDS ANTILLES CURRENCY, (NAFls.3.256,00);
the long lease rent over the period from today until January twenty-sixth two thousand and seven (January 26th, 2007) was paid into the hands of me, civil law notary, prior to the execution of this deed;
e. the land issued on long lease based on sub II conditions may not be used for any other purpose than for the construction of a dock for mooring facilities for recreational vessels;
f. without prior written approval of the Executive Council the leaseholder is not allowed to transfer the right of long lease to a third party;
g. regardless of the stipulation under e., in order to avoid speculation with the land at the selling and transferring of the long lease right granted herewith, in no event a charge for the value of the land may be made;
h. in case of violation the Executive Council has the right to claim the amount involved of the Leaseholder;
the condition sub f. shall not be applicable in the event of a sale of the long lease right and structures in the event of foreclosure arising from a mortgage right or bankruptcy;
i. the granting of the right of long lease is furthermore effected subject to the general conditions for the issuance on long lease of land, belonging to the Island Territory of the Windward Islands, stipulated in the "Eilandsverordening op de uitgifte in erfpacht van gronden toebehorende aan het Eilandgebied de Bovenwindse Eilanden", as specified in Island Ordinance A.B. 1954, No. 1, as amended by Island Ordinance A.B. 1976, number 6.
j. After the passing of the deed, the
parcels of land described in certificate of admeasurement numbers 388 of nineteen hundred and eighty-nine (388/1989) with an area of eight hundred square meters (800m2) and 281 of two thousand and five (288/2005) with an area of six hundred and fourteen square meters (614m2) should be considered as one parcel of land with an area of ONE THOUSAND FOUR HUNDRED AND FOURTEEN SQUARE METERS (1.414M2) and should not be sold separately. The appearers, acting as aforementioned, furthermore declared that by said decree of the Executive Council of the Island Territory of Sint Maarten, dated March fifteenth, two thousand and six, number 183, sub II, exemption was granted from the obligation to obtain a planning permit, under the conditions sub a. through d., copy of which conditions are attached to this deed, and in force of which conditions the parcel of land issued on long lease may not be used for any other purpose than the construction of a pier for mooring facilities of recreational vessels. The appearer sub 2 declared that leaseholder knows the sub II. mentioned conditions. The appearers finally declared:
- that the Dutch text of the hereinbefore mentioned decree dated March fifteenth, two thousand and six, number 183, is considered by parties to be literally incorporated in these presents and to form an integral part thereof and that a copy of that decree will be attached to the original of this deed;
- that in the event of a dispute with regard to the wording or interpretation of the hereinbefore mentioned conditions of decree number 183 of two thousand and six (183/2006), the wording of which reads in the Dutch language, the Dutch text will prevail.
