Download as pdf or txt
Download as pdf or txt
You are on page 1of 31

DATED THIS DAY OF 20

BETWEEN

PUBLIC ISLAMIC BANK BERHAD


(14328-V)

AND

(CHARGOR)

*****************************************
CHARGE ANNEXURE
THIRD PARTY
******************************************

PIBB/SC/3056/07/2022(4)
-1-

CHARGE ANNEXURE
THIRD PARTY

Clause 1 - Covenant To Pay On Demand

Clause 2 - Prepayment Or Early Settlement

Clause 3 - Mode Of Disbursement Or Release Of The Said Facility

Clause 4 - Variation In The Payment

Clause 5 - Default

Clause 6 - Cross Default

Clause 7 - Actual Compensation

Clause 8 - Licence

Clause 9(a) - Repair

Clause 9(b) - Payment Of Outgoings

Clause 9(c) - Improvement On Building

Clause 10 - Takaful

Clause 11(a) - Dealings With Security

Clause 11(b) - Information On Matters Affecting Security

Clause 11(c) - Government Acquisition

Clause 11(d) - Compliance With Land Title Conditions

Clause 12(a) - Breach Of Covenant

Clause 12(b) - Suspense Account

Clause 12(c) - Deficiencies In Proceeds Of Sale

Clause 12(d) - Right Of The Chargee To Take Legal Action Concurrently

Clause 12(e) - Right Of The Chargee To Possession

Clause 13 - No Alteration To The Asset

Clause 14 - Payments By The Chargee On Behalf Of The Chargor and/or The


Customer

Clause 15 - Possession And The Custody Of The Issue Document Of Title

Clause 16 - Restriction On Production Of Documents

__________________________________________________________________________________________
PIBB/SC/3056/07/2022(4)
Charge Annexure 3rd Party
Public Islamic Bank Berhad
-2-

Clause 17 - Discharge Of Charge

Clause 18 - Assignment Of Rights By The Chargee

Clause 19 - Use Of Building And Land

Clause 20 - Consolidation

Clause 21 - Change In Constitution

Clause 22 - Demands

Clause 23 - Notices

Clause 24 - Waiver

Clause 25 - Accounts As Evidence

Clause 26 - Modification And Indulgence

Clause 27 - Liens And Other Securities Not Affected

Clause 28 - Overcrowding

Clause 29 - Inspection

Clause 30 - Cultivation

Clause 31 - Maintenance

Clause 32 - Leasing And Possession

Clause 33 - Procedure On Notice Of Further Charge

Clause 34 - Continuing Security

Clause 35 - Covenant To Provide Further Security

Clause 36 - All Payments Received To Be Payments In Gross

Clause 37 - Severability

Clause 38 - Involuntary Loss

Clause 39 - Valuation

Clause 40 - Successors Bound

Clause 41 - Right Of Set-Off

Clause 42 - Cumulative Remedies

Clause 43 - Stamp Duties, Registration Fees And Costs

Clause 44 - Certificate Of Indebtedness

Clause 45 - Disclosure

__________________________________________________________________________________________
PIBB/SC/3056/07/2022(4)
Charge Annexure 3rd Party
Public Islamic Bank Berhad
-3-

Clause 46 - Personal Liability Of The Chargor And The Customer

Clause 47 - Customer As Principally Liable For The Said Facility

Clause 48 - Civil Courts Jurisdiction

Clause 49 - Letter Of Offer

Clause 50 - Time

Clause 51 - Islamic Financial Services Act 2013

Clause 52 - Anti-Money Laundering, Anti-Terrorism Financing and Proceeds


of Unlawful Activities Act 2001

Clause 53 - Headings

Clause 54 - Principal And Secondary Instruments

Clause 55 - Definitions

First Schedule

************************************

__________________________________________________________________________________________
PIBB/SC/3056/07/2022(4)
Charge Annexure 3rd Party
Public Islamic Bank Berhad
-4-

(ANNEXURE)

The party whose name and description is stated in Section 1 of the First Schedule hereto (hereinafter
referred to as "the Chargor") HEREBY EXPRESSLY AGREES, COVENANTS, DECLARES AND
UNDERTAKES with the abovenamed PUBLIC ISLAMIC BANK BERHAD (14328-V), a company
incorporated in Malaysia and having its registered office at 27th Floor, Menara Public Bank, 146, Jalan
Ampang, 50450 Kuala Lumpur and having a place of business as stated in Section 2 of the First
Schedule hereto (hereinafter referred to as "the Chargee") as follows:-

1. COVENANT TO PAY ON DEMAND

1.1 The Chargor has the power or capacity to execute, deliver and perform the terms of this Charge.

1.2 The land described in the Schedule to the Statutory Form hereto (hereinafter referred to as the
"said land") is together with the building now and/or from time to time erected thereon
(hereinafter referred to as the "said building") (which said land and said building are hereinafter
collectively referred to as "the Asset") charged to the Chargee for the payment of the sum as
stated in Section 3 of the First Schedule hereto (which said sum is hereinafter referred to as
"the Bank's Sale Price"), pursuant to a Asset Sale Agreement made on the day and year as
stated in Section 4 of the First Schedule hereto (hereinafter referred to as the “Asset Sale
Agreement") between the party whose name and description is stated in Section 5 of the First
Schedule hereto (hereinafter referred to as "the Customer") and the Chargee for the sale of the
Asset by the Chargee to the Customer together with all such sums and moneys as are or may
become payable by the Chargor and/or the Customer under this Charge and in particular (but
without limiting the generality of the foregoing) all costs, charges, expenses and other sums
and moneys mentioned in Clauses 7, 8, 9, 10, 11, 12, 14 and 43 hereof but it is hereby mutually
agreed that until such demand is made as herein provided, the Customer shall pay the Bank's
Sale Price upon deferred payment terms at the profit rate (hereinafter referred to as “the
Contracted Profit Rate”) more particularly described in Section 6 of the First Schedule hereto.
The Contracted Profit Rate represents the maximum ceiling rate chargeable on the said Facility
as agreed between the Chargee and the Customer.

1.3 The Chargor is the registered and beneficial owner of the Asset.

1.4 During the tenure of this Charge and subject to the rights of the Chargee to vary or to withdraw
or to revoke or to cancel the said Facility, the Chargee will grant the Customer a rebate
amounting to the difference between the rate of term charges at the Contracted Profit Rate and
the Effective Profit Rate (hereinafter referred to as “the Effective Profit Rate”) more particularly
described in Section 7 of the First Schedule hereto or such other rate or rates as the Chargee
may determine under Clause 1.4 herein. The Effective Profit Rate represents the variance in
the actual profit rate charged on the said Facility by the Chargee throughout the tenure of the
said Facility as prescribed by the Chargee from time to time. The rebate will be made on a
monthly basis to the Customer at the time of the Customer’s payment of the monthly
instalments, which instalment shall be in the amount and in the manner as specified in Section
8 of the First Schedule hereto (hereinafter referred to as “the Instalments”).

1.5 The Chargee shall be entitled from time to time (both before and after judgment or order) to
vary the Effective Profit Rate spread and/or the Reference Rate in accordance with the
prevailing Bank Negara Malaysia guidelines. If and when the Effective Profit Rate is varied as
a consequence of variations to the Reference Rate, the Chargee may at its absolute discretion
make the following adjustments;

(a) to vary the amount of any Instalments; or

(b) to vary the number of any Instalments.

PROVIDED ALWAYS the aggregate of the monthly Instalments payable by the Chargor and/or
the Customer shall not exceed the Bank’s Sale Price.

__________________________________________________________________________________________
PIBB/SC/3056/07/2022(4)
Charge Annexure 3rd Party
Public Islamic Bank Berhad
-5-

1.6 The change in the Reference Rate shall be notified by the Chargee to the Chargor and the
Customer;

(a) by placing in any daily national newspaper a general notice of the change in the
Reference Rate addressed to the public generally; or

(b) by posting a notice of such variation in the Chargee’s branch premises.

1.7 The Chargor and/or the Customer shall pay to the Chargee the Bank’s Sale Price by the
Instalments in the manner mutually agreed or upon demand in accordance hereto.

1.8 No part of any Instalments to be paid by the Chargor and/or the Customer as hereinbefore
provided or any other payment which the Chargor may make to the Chargee shall be deemed
to be a payment of the Bank's Sale Price until the profit margin and all other moneys due or
deemed to be due to the Chargee hereunder has been paid.

1.9 Notwithstanding that Instalments may have been paid as aforesaid, the remainder of the Bank's
Sale Price and all moneys due shall continue to be due for all purposes of the exercise of
statutory and other powers on demand.

2. PREPAYMENT OR EARLY SETTLEMENT

2.1 It is hereby expressly agreed that notwithstanding any provision for payment by Instalments
herein contained, the Chargor and/or the Customer may at any time prepay to the Chargee
upon giving the Chargee notice in writing, which notice period is as stated in Section 9 of the
First Schedule hereto (hereinafter referred to as “the Prepayment Notice Period”), of the
Chargor’s and/or the Customer’s intention to prepay the Bank’s Sale Price in part or in full (or
by paying such profit of similar period in lieu of notice).

2.2 Any such prepayment made shall in no way entitle the Customer to a reduction in the amount
of the monthly Instalments payable but only to reduction in the number of Instalments unless
agreed upon by the Chargee in writing. Any amount received by the Chargee as prepayment
shall first be applied towards payment of any arrears, outstanding charges, profit accrued and
the Instalment due for the month.

The right to prepay as aforesaid shall only be exercised by the Chargor and/or the Customer
upon such conditions as the Chargee may impose and the decision of the Chargee shall be
final.

3. MODE OF DISBURSEMENT OR RELEASE OF THE SAID FACILITY

3.1 The Chargee may at its sole discretion and wherever applicable pay the whole or any part of
said Facility to the Vendor/Developer/Proprietor/Contractor or the builder, architect or such
other person responsible for or concerned with the construction of the Asset or to any solicitor
or firm of solicitors purporting to act for the Chargor and/or the Customer or the Chargee or any
third party as the Chargee deems fit and that all advances and payments to such aforesaid
person or persons shall for all purposes whatsoever be deemed to be and form part of the
moneys secured by and payable under this Charge and that the acknowledgment of receipt by
such person or persons shall be as good, sufficient and effective as if the same had been made
or given by the Chargor and/or the Customer personally.

It is hereby further expressly declared and agreed by the Chargor and the Customer that the
authority hereby granted to the Chargee under this Charge to release, advance or pay the
whole of the said Facility or part or parts thereof or to give such undertakings in respect of the
same to any of the aforesaid persons shall not be revoked at any time and in particular shall
not be revoked by any purported exercise by the Chargor and/or the Customer of any right of
set-off the Chargor and/or the Customer may have against the Vendor/Developer/Proprietor/
Contractor or any of the aforesaid persons for any reason whatsoever.

__________________________________________________________________________________________
PIBB/SC/3056/07/2022(4)
Charge Annexure 3rd Party
Public Islamic Bank Berhad
-6-

AND PROVIDED ALWAYS THAT the Chargor and the Customer hereby covenant, undertake
and agree to indemnify and keep the Chargee indemnified against all actions, proceedings,
costs, expenses, claims and demands which may be taken, incurred or suffered by the Chargee
arising from the aforesaid undertakings given by the Chargee to the Vendor/
Developer/Proprietor/Contractor, builder, architect or such other person responsible for or
concerned with the construction works of the Asset or to any solicitors or firm of solicitors
purporting to act for the Chargor and/or the Customer or the Chargee or the Vendor/
Developer/Proprietor/Contractor or to any persons as the Chargee may at its sole discretion
deem necessary or the aforesaid persons.

4. VARIATION IN THE PAYMENT

4.1 Notwithstanding anything to the contrary contained herein, the Chargee may at its discretion
from time to time at the request of the Chargor and/or the Customer accept payment of the
moneys due or becoming due hereunder by such increased or reduced instalments as may be
agreed or agree to suspend payments in reduction of the principal sum or give such further
time for payment or grant such indulgences as may be agreed but nothing contained in this
Clause shall be construed as prejudicing the Chargee in the exercise of all or any of the
remedies available to it on default by the Chargor and/or the Customer.

4.2 The Chargor and/or the Customer may from time to time on giving written notice to the Chargee
pay to the Chargee sums on account of the principal sum hereby secured over and above the
Instalments hereby covenanted to be paid for an amount to be determined by the Chargee but
any payments so made shall not affect the amount of the Instalments payable to the Chargee
under the provisions of this Charge.

4.3 The Chargor and/or the Customer may redeem the Asset at any time by making payment to
the Chargee of the balance of the Bank's Sale Price outstanding and all other moneys due up
to the date of payment upon giving to the Chargee prior written notice of his intention so to do,
subject nevertheless to the provisions of Clause 17 hereof.

5. DEFAULT

5.1 In the event that:-

(a) the Chargor and/or the Customer shall default in payment of any one or more of the
Instalments or other sums or moneys herein agreed or covenanted by the Chargor
and/or the Customer to be paid as they become due or upon demand from the Chargee;
or

(b) the Chargor and/or the Customer shall fail to observe or perform any of the
agreements, covenants, stipulations, terms and conditions contained in this Charge,
the Letter of Offer and the Asset Sale Agreement whether expressed or implied; or

(c) the Chargor and/or the Customer refuses, fails and/or omits to deposit such additional
collateral and/or to execute and/or to perfect all the relevant security documents in the
form prescribed by the Chargee to give effect to such additional collateral up to the
Chargee’s full satisfaction upon a request by the Chargee pursuant to Clause 35
herein; or

(d) the Chargor and/or the Customer shall allow any pledge, charge, encumbrance, lien or
security interest to be registered against the Asset without the written consent of the
Chargee; or

(e) the Chargor and/or the Customer shall commit an act of bankruptcy or become
bankrupt or enter into any voluntary arrangement or composition or arrangement with
or for the benefit of the creditors of the Chargor and/or the Customer or allow any
judgment against the Chargor and/or the Customer to remain unsatisfied for a period
of twenty one (21) days; or

__________________________________________________________________________________________
PIBB/SC/3056/07/2022(4)
Charge Annexure 3rd Party
Public Islamic Bank Berhad
-7-

(f) in the opinion of the Chargee, the security hereunder is in jeopardy and notice thereof
is given to the Chargor and/or the Customer; or

(g) at any time it becomes unlawful for the Chargor and/or the Customer to perform the
obligations of the Chargor and/or the Customer hereunder; or

(h) the Chargor and/or the Customer shall have given incorrect or misled in the giving of
any representation or warranty under or pursuant to this Charge or any other
agreements related hereto or any of the representation or warranty made is found to
be incorrect or misleading in a material particular; or

(i) the Chargor and/or the Customer shall have any legal proceedings instituted or
threatened to be instituted against the Chargor and/or the Customer; or

(j) the Customer uses or intends to use the said Facility or any part thereof for any purpose
other than that for which it was approved, except where prior written consent of the
Chargee in respect thereof has been obtained; or

(k) the Customer shall be affected by a material change in its financial condition which in
the opinion of the Chargee is likely to prejudice the ability of the Customer to perform
its obligations under this Charge and the other security documents in accordance with
the terms hereof; or

(l) the Charge cannot be perfected for any reason whatsoever or the Charge cannot be
registered or is invalid for any reason whatsoever; or

(m) a change in applicable law or regulation makes it impossible or unlawful for the
Chargee to continue its making available the said Facility or any part thereof to the
Chargor and/or the Customer; or

(n) the Chargor and/or the Customer fail to take all reasonable steps to ensure that the
Chargor's and/or the Customer's computer system will continue to operate without loss
of functionality; or

(o) there shall have been a change in national or international financial or economic
condition or currency exchange control which in the opinion of the Chargee will effect
the Chargor's and/or the Customer's ability to perform its obligations under this Charge;
or

(p) the Chargor and/or the Customer become insane or of unsound mind or die.

In addition to any of the events specified in paragraph (a) to (o) above, where the Chargor
and/or the Customer is a company upon the happening of any of the following further events:-

(q) if a winding-up petition has been presented or a resolution has been passed for
voluntary winding-up of the company; or

(r) if the Chargor and/or the Customer cease or threaten to cease to carry on all or a
substantial part of its business or if in the opinion of the Chargee (which shall be final
and binding) the Chargor and/or the Customer are not carrying on its business and
affairs in accordance with sound financial and commercial standards and practice or if
the management of the Chargor and/or the Customer is displaced or the conduct of the
business of the Chargor and/or the Customer is curtailed by any seizure, vesting or
intervention by or under the authority of the government or governmental body; or

(s) if an Order is made or a resolution is passed or other action is taken for the suspension
of payments or dissolution of the Chargor and/or the Customer; or

__________________________________________________________________________________________
PIBB/SC/3056/07/2022(4)
Charge Annexure 3rd Party
Public Islamic Bank Berhad
-8-

(t) if a liquidator, trustee, administrator or receiver and/or manager is appointed in respect


of all or any part of the undertaking or the property of the Chargor and/or the Customer
pursuant to any charge or debenture or otherwise; or

(u) if in the opinion of the Chargee, the Chargor and/or the Customer are taking such
measures preparatory to entering into a voluntary arrangement, a compromise or
arrangement with any of their creditors, members or any person whosoever which in
the opinion of the Chargee, will jeopardise or in any way affect the security hereunder
and/or prejudice the Chargor's and/or the Customer's ability to perform its obligations
hereunder in accordance with the terms hereof;

then and in any of such cases the Bank's Sale Price or the balance thereof remaining unpaid
and any Profit Margin thereon and all other sums or moneys for the time being payable under
this Charge shall immediately become due and payable by the Chargor and/or the Customer
to the Chargee and the Chargee shall forthwith become entitled to recover the same and require
the Chargor and/or the Customer to pay and to exercise the rights and powers upon default
herein contained in this Charge and by law provided. Any demand for payment of the moneys
intended to be hereby secured may be made by a notice in writing requiring payment within
such period as stated therein.

5.2 Upon default by the Chargor and/or the Customer, the Chargee shall be entitled to exercise all
or any of the rights and powers following:-

(a) subject to Section 270 of the National Land Code 1965 or the similar provisions of the
Strata Title Act 1985 or Sabah Land Ordinance (Cap. 68) or Sabah Land Ordinance
(Subsidiary Titles) Enactment (No.9 of 1972) or Sarawak Land Code (Cap. 81), Strata
Title Ordinance 1995 or any Act, Ordinance, Enactment, Order or Rules affecting the
same, the right to enter upon and take possession of the Asset or any part or parts
thereof;

(b) the right to let, lease or demise the Asset or any part or parts thereof for such tenancy
or term of years at such rent and generally upon such terms as the Chargee shall think
fit;

(c) the right and power to sell and assign the Asset as the absolute unencumbered owner
thereof at such price or prices and in such manner as provided in the National Land
Code 1965 or Strata Title Act 1985 or Sabah Land Ordinance (Cap. 68) or Sabah Land
Ordinance (Subsidiary Titles) Enactment (No.9 of 1972) or Sarawak Land Code (Cap.
81), Strata Title Ordinance 1995 or any Act, Ordinance, Enactment, Order or Rules
affecting the same, free from any interest of the Chargor hereunder or otherwise and
to apply the proceeds of sale in or towards the satisfaction of the Bank's Sale Price and
other moneys due to the Chargee hereunder and all cost of and occasioned by such
sale or sales and the Chargee shall only pay to the Chargor the balance of the proceeds
of such sale or sales, if any, after deduction of such principal and other moneys
aforesaid and all the costs of and occasioned by such sale or sales and no assignee
or purchaser from the Chargee shall be concerned to ascertain whether or not any such
default has actually arisen so as to entitle the Chargee to exercise its powers of sale
or assignment.

AND the Chargor and the Customer shall and hereby expressly agree, covenant and undertake
to do and execute all acts, deeds, instruments and things which the Chargee may require or
stipulate for the purpose of effecting and/or completing anything and/or any transaction
mentioned in this clause.

When the power of sale granted hereof becomes exercisable by the Chargee, the Chargor
hereby declares and agrees that the Chargor shall give vacant possession of the Asset to the
Chargee or any person authorised by it, immediately on receiving written demand in that behalf
from the Chargee.

__________________________________________________________________________________________
PIBB/SC/3056/07/2022(4)
Charge Annexure 3rd Party
Public Islamic Bank Berhad
-9-

6. CROSS DEFAULT

6.1 The Chargor and the Customer hereby expressly agree that if at any time any sums shall be
due from the Chargor and/or the Customer to the Chargee or to Public Bank Berhad ("PBB")
or any PBB subsidiary or related company of PBB ( PBB, PBB subsidiary and PBB related
company shall be collectively referred to as "PBB Group") or if the Chargor and/or the Customer
may be or become liable to the Chargee or to any company in the PBB Group on any account,
current or otherwise, or in respect of any other facilities granted by the Chargee or by any
company in the PBB Group. then and in such event the Facility together with all moneys payable
under such accounts or other facilities aforesaid shall immediately become due and payable.

The security herein shall become immediately enforceable as security for all moneys and
liabilities whatsoever now or hereafter payable to the Chargee, or to any company in the PBB
Group by the Chargor and/or the Customer :

(i) whether alone or jointly and severally with another or others; and

(ii) whether as principal or surety.

notwithstanding that the Chargor and/or Customer may at any time cease to be indebted to the
Chargee or to any company in the PBB Group and that the account(s) of the Chargor and/or
Customer with the Chargee or any company in the PBB Group may cease to be a current
account or otherwise and notwithstanding any settlement of such account(s) or otherwise.

7. ACTUAL COMPENSATION

7.1 In addition and without prejudice to the powers, rights and remedies of the Chargee herein
provided, if the Chargor and/or the Customer shall default in the payment on the due date of
any one or more of the Instalments payable under this Charge, the Chargor and the Customer
hereby agree to pay to the Chargee actual compensation. The method or manner of calculation
of compensation payable hereunder shall be such method or manner as the Chargee shall
adopt from time to time as may be approved by the Shariah Advisory Council of Bank Negara
Malaysia. The decision of the Chargee shall be final.

7.2 The Chargor and the Customer hereby covenant to pay actual compensation as an
independent covenant and such covenant is not ancillary or incidental to the covenant to pay
on demand. It is hereby agreed that the covenant to pay such actual compensation as aforesaid
continues after judgment as well as before and that in the event of judgment, this covenant
shall not merge in such judgment or with any rules or law regulating any award after judgment.

8. LICENCE

8.1 Notwithstanding anything in this Charge contained, it is hereby declared that during the
continuance of this Charge, the Chargee hereby grants to the Chargor and the Chargor hereby
agrees to accept from the Chargee a licence to occupy the Asset merely as a licencee of the
Chargee and by no other right and within seven (7) days after the Chargee's licence to occupy
the Asset has been terminated pursuant to Clause 5 hereof, the Chargor shall at the Chargor's
and/or the Customer's own cost and expense peaceably deliver immediate vacant possession
of the Asset to the Chargee or to such other person as the Chargee may direct or to any person
authorised by the Chargee immediately on receiving written demand in that behalf from the
Chargee.

9. (a) REPAIR

The Chargor shall at all times during the continuance of the security keep the Asset
and all building thereto in good tenantable repair and condition, fair wear and tear,
excepted, to the satisfaction of the Chargee and shall permit the Chargee or its agents
with or without workmen and others at any time at convenient hours in the day-time to
enter into or upon the Asset and all buildings thereon and examine the state and

__________________________________________________________________________________________
PIBB/SC/3056/07/2022(4)
Charge Annexure 3rd Party
Public Islamic Bank Berhad
- 10 -

condition thereof and shall forthwith repair and make good all defects and wants of
reparation of which notice in writing shall be given to the Chargor and/or the Customer
by the Chargee and in case of default the Chargor shall permit the Chargee to enter
upon the same and it shall be lawful but not obligatory for the Chargee to carry out such
repairs as the Chargee may consider necessary at the cost and expense of the Chargor
and/or the Customer and all moneys expended by the Chargee shall become payable
by the Chargor and/or the Customer and the Chargee is hereby fully authorised to debit
the full amount in respect thereof to the Customer's account and such amount shall be
a sum secured herein.

(b) PAYMENT OF OUTGOINGS

The Chargor shall pay all assessments, rates, taxes, quit rents and all other outgoings
whatsoever in respect of the Asset and all buildings as soon as the same become due
and shall produce to the Chargee on demand all receipts for such payment and in
default of payment or production, it shall be lawful (but not obligatory) for the Chargee
to pay the same or any part thereof and such amount shall be a sum secured by this
Charge and the account of the Customer shall be debited accordingly.

(c) IMPROVEMENTS ON BUILDING

The Chargor shall not at any time during the continuance of this security without the
previous consent in writing of the Chargee, erect make or maintain or suffer to be
erected, made or maintained on the Asset or any part thereof any additional building,
erection or improvement or make or suffer to be made any material change or addition
whatsoever in or to the use of the Asset or any building or erection thereon or any part
thereof and also if the Chargee shall consent as aforesaid will duly apply for all
necessary permissions as required by law and shall give the Chargee immediate notice
of such permission, if granted, and also that the Chargor and the Customer shall at all
times indemnify and keep indemnified the Chargee against all proceedings, costs,
expenses, claims and demands whatsoever in respect of and arising out of the said
application.

10. TAKAFUL

10.1 At all times during the continuance of this security the Chargee may and through takaful
companies approved by the Chargee and at the cost and expense of the Chargor and/or the
Customer, protect and keep protected any building or any effect or property of an insurable
nature whether affixed to the Asset or not being or forming part of the said security against loss
or damage by fire and against such other specific risks under such takaful policy/policies for
such amounts, in such names and with such takaful companies/operators as the Chargee from
time to time may deem expedient. Furthermore, the Chargee may require the Chargor and/or
the Customer to increase the amount insured, which increased amount shall be at the cost and
expense of the Chargor and/or the Customer.

10.2 The Chargor and/or the Customer shall pay every sum from time to time paid by the Chargee
for effecting or keeping in force any such takaful policy/policies and until such payment shall be
treated as a sum advanced by the Chargee to the Customer and shall form part of the moneys
secured under the Charge.

10.3 The Chargor shall not except at the request or with the express written consent of the Chargee
effect or keep in force any takaful policy/policies against any risk in respect of the Asset and
other property hereby secured where the Chargee has effected or kept in force any such takaful
policy/policies.

10.4 The Chargor shall permit all takaful policy/policies and the receipts or other evidence of
payment of any takaful contribution paid by the Chargee to remain in the custody of the Chargee
and shall when required deliver or produce to the Chargee or to such persons as the Chargee

__________________________________________________________________________________________
PIBB/SC/3056/07/2022(4)
Charge Annexure 3rd Party
Public Islamic Bank Berhad
- 11 -

may direct any takaful policy/policies effected by the Chargor and the receipt or other evidence
of payment of the current takaful contribution in respect thereof.

10.5 The Chargee may require all moneys received of any takaful policy/policies of the Asset
whether effected by the Chargee or by the Chargor to be applied in or towards making good
the loss or damage in respect of which the money is received or in or towards the discharge of
the Bank's Sale Price and all other moneys secured hereby and the Chargor shall hold any
moneys received on such takaful policy/policies in trust for the Chargee and the Chargee may
receive and give a good discharge for any such moneys.

11. (a) DEALINGS WITH SECURITY

The Chargor shall not sell, transfer, lease, agree to lease, let or part with the possession
of the Asset or any building thereon or any part thereof or any interest therein nor
accept the surrender or any lease without the written consent of the Chargee which
may be refused without assigning any reason therefor or given either absolutely or on
such terms and conditions including the right to the rent payable or such additional
payment as the Chargee may deem necessary or advisable for the protection of its
security and the decision of the Chargee shall be final.

(b) INFORMATION ON MATTERS AFFECTING SECURITY

The Chargor shall within seven (7) days of the receipt of notice of the same by the
Chargor give full particulars to the Chargee of any notice or proposal for a notice or
order or proposal for an order given issued or made to the Chargor in respect of the
Asset or any building erected thereon by or on behalf of any planning local government,
public health, sanitary, housing or other authority and if so required by the Chargee
produce such notice to the Chargee and also shall without delay and within the period
prescribed by such notice or order take all reasonable or necessary steps to safeguard
and preserve the Asset or any buildings thereon and to comply with the provisions of
such notice or order and also shall at the request of the Chargee and at the cost of the
Chargor and/or the Customer make or join with the Chargee in making such objection
or objections or representation or representations against or in respect of any proposal
for such a notice or order as the Chargee shall deem expedient for the purposes of
safeguarding and preserving the Asset or any building erected thereon as aforesaid.

(c) GOVERNMENT ACQUISITION

In the event that the Asset or any part thereof shall at any time become the subject
matter of or be included in any notice, notification or declaration concerning or relating
to acquisitions by the government or any government authority or any enquiry or
proceedings in respect thereof the Chargor shall forthwith inform the Chargee of the
same and shall forward to the Chargee a copy or copies of any such notice, notification
or declaration as soon as the same is delivered or served on the Chargor. The Chargee
shall be entitled at the expense of the Chargor and/or the Customer to engage such
advisers and agents (including solicitors and valuers) as it may think fit for the purposes
of appearing or attending at or advising upon any enquiry or proceeding affecting,
concerning or relating to any such acquisition. All moneys received as or by way of
compensation for the acquisition of the Asset or any part thereof shall be applied in or
towards the discharge or payment of any money or liability secured by this Charge and
the Chargor shall and hereby declares that the Chargor shall hold all moneys so
received in trust for the Chargee and the Chargor agrees and confirms that the Chargee
may receive and give a good discharge for all such moneys. In the event of all such
moneys received by the Chargor as aforesaid being less than the money payable
secured by this Charge then due to the Chargee from the Chargor and the Chargor
under the Asset Sale Agreement and this Charge, the Chargor shall forthwith pay to
the Chargee the difference between the amount due and the amount so received.

__________________________________________________________________________________________
PIBB/SC/3056/07/2022(4)
Charge Annexure 3rd Party
Public Islamic Bank Berhad
- 12 -

(d) COMPLIANCE WITH LAND TITLE CONDITIONS

The Chargor shall comply with and observe all conditions, restrictions and category of
land use express or implied, imposed upon, relating to or affecting the Asset or to which
the Asset is subject and will not do or omit or suffer to be done or omit any act matter
or thing in or on or in respect the Asset or any buildings erected thereon which shall
contravene the provisions of any Act, Ordinance, Enactment, Order, Rules or
Regulations now or hereafter affecting the same and the Chargor and the Customer
shall at all times hereafter indemnify and keep indemnified the Chargee against all
actions, proceedings, costs, expenses, claims and demands in respect of any such act,
matter or thing done or omitted to be done in contravention of the said provisions.

12. (a) BREACH OF COVENANT

In the event of any breach by the Chargor and/or the Customer of any of the
agreements, covenants, terms, stipulations and undertakings herein provided and on
the part of the Chargor and/or the Customer to be observed and performed (including
the agreement or covenant to pay the sum for the time being payable to the Chargee
on demand as aforesaid) occurring and continuing for a period of not less than one (1)
month it shall be lawful for the Chargee forthwith to give the statutory notice pursuant
to the provisions of the National Land Code 1965 requiring the Chargor to remedy the
said breach within a period of fourteen (14) days or the Strata Title Act 1985 or Sabah
Land Ordinance (Cap. 68) or Sabah Land Ordinance (Subsidiary Titles) Enactment
(No.9 of 1972) or Sarawak Land Code (Cap. 81) or Strata Title Ordinance 1995 or any
Act, Ordinance, Enactment, Order or Rules affecting the same.

(b) SUSPENSE ACCOUNT

Any money received hereunder may be placed and kept to the credit of a suspense
account for so long as the Chargee thinks fit without any obligation in the meantime to
apply the same or any part thereof in or towards the discharge of any money or liabilities
due or incurred by the Chargor and/or the Customer to it.

Notwithstanding any such payment, in the event of any proceedings in or analogous to


bankruptcy, winding-up, liquidation, voluntary arrangement or composition or
arrangement, the Chargee may prove for and agree to accept any dividend or
composition in respect of the whole or any part of such moneys and liabilities in the
same manner as if this security had not been created.

(c) DEFICIENCIES IN PROCEEDS OF SALE

If the amount realised by the Chargee on a sale of the Asset under the provisions of
the National Land Code 1965 or Strata Title Act 1985 or Sabah Land Ordinance (Cap.
68) or Sabah Land Ordinance (Subsidiary Titles) Enactment (No.9 of 1972) or Sarawak
Land Code (Cap. 81) or Strata Title Ordinance 1995 or any Act, Ordinance, Enactment,
Order or Rules affecting the same after deduction and payment from the proceeds of
such sale of all fees (including the Chargee's solicitor's fees) dues, costs, rents, rates,
taxes and other outgoings on the Asset and all the expenses incurred in connection
with the making and carrying into effect of the order for sale is less than the amount
due and payable to the Chargee under this Charge notwithstanding the fact that at such
sale the Chargee is the purchaser or otherwise, the Chargor and/or the Customer shall
continue to be liable to pay to the Chargee the difference between the amount due and
payable hereunder and the amount so realised after such deduction and payment.

__________________________________________________________________________________________
PIBB/SC/3056/07/2022(4)
Charge Annexure 3rd Party
Public Islamic Bank Berhad
- 13 -

(d) RIGHT OF THE CHARGEE TO TAKE LEGAL


ACTION CONCURRENTLY

Notwithstanding any provision hereof, it is hereby expressly agreed that upon default
or breach by the Chargor and/or the Customer of any term, covenant, stipulation and/or
undertaking herein provided and on the part of the Chargor and/or the Customer to be
observed and performed, the Chargee shall thereafter have the right to exercise all or
any of the remedies available whether by this Charge or by statute or other agreement
or otherwise. The Chargee shall be entitled to exercise such remedies concurrently,
including pursuing all remedies of sale or possession pursuant to this Charge and civil
suit to recover all moneys due and payable to the Chargee.

(e) RIGHT OF THE CHARGEE TO POSSESSION

If and when the said power of sale shall become exercisable it shall also be lawful for
the Chargee to enter upon and take possession of the Asset or any part thereof and of
all furniture, fixtures and fittings whatsoever fixed thereto and if the Asset shall be in
the occupation of a tenant or the Chargor himself or any person claiming any interest
or title through or under him whatsoever, the Chargee shall have the full right to receive
and to demand payment of the rental or other income in respect thereof as well as to
issue notice to quit therefrom without liability whatsoever and upon receipt of notice to
quit from the Chargee to the Chargor or any other person or persons whatsoever who
shall be in occupation shall forthwith quit the land and deliver vacant possession thereof
to the Chargee in compliance with or in conformity to the said notice.

13. NO ALTERATION TO THE ASSET

13.1 The Chargor shall not pull down, remove or alter any building or buildings or any fixtures or any
part thereof on or comprised in the Asset without the consent in writing of the Chargee first had
and obtained and shall forthwith at the request of the Chargee replace or make good any such
pulling down, removal or alteration made without the consent of the Chargee.

14. PAYMENTS BY THE CHARGEE ON BEHALF


OF THE CHARGOR AND/OR THE CUSTOMER

14.1 The Chargee may from time to time make such payments as it may consider expedient to any
person whether the Chargor and/or the Customer themselves/himself or any one acting at his
request or a receiver or a subsequent Chargee or to any person acting on the instructions of
the Chargee in connection with maintaining, repairing, amending, altering, improving or insuring
the Asset or any buildings erected thereon or for any outgoing in relation thereto or for cost or
expense incurred by the Chargee for the endorsement, protection or improvement of the
security hereby created or the ultimate discharge of this Charge and generally as provided in
Clauses 9, 10 and 11 hereof and all moneys so paid and secured by this Charge shall be
payable by the Chargor and/or the Customer on demand made by notice in writing and until
payment shall be charged on the Asset in addition to the Bank's Sale Price payable hereunder
and shall form part of the first payment due under this Charge. The expression "expenses" in
this clause shall be construed to include all payments made or to be made by the Chargee in
respect of :-

(a) Taking out and maintaining any policy on behalf of the Chargor and/or the Customer
or any policy guaranteeing the payment of the money hereby secured or any part
thereof and whether money hereby secured or any part thereof and whether absolutely
or on the happening of a contingency or any fire or other insurance policy;

(b) Any work in or in connection with the construction, repair, maintenance or improvement
of any private road or street (whether adjoining the said land or giving access to the
estate of which the said land forms part or otherwise) or of drains, sewerage pipes,
septic tanks and other like things;

__________________________________________________________________________________________
PIBB/SC/3056/07/2022(4)
Charge Annexure 3rd Party
Public Islamic Bank Berhad
- 14 -

(c) Any compliance with a notice or requirement relating to dilapidations, nuisance or other
thing of a like nature affecting the Asset or any building erected thereon;

(d) Quit rent (if any) or any tax, rate or assessment whatsoever affecting the Asset or any
building erected thereon;

(e) All costs and disbursements (legal or otherwise and where legal both judicial and extra
judicial and as between solicitor and client) incurred or paid by the Chargee incidental
to this Charge or the collection of any moneys due to or become due hereunder; and

(f) All costs of entering and reviewing the Asset as and when the Chargee deems fit.

15. POSSESSION AND THE CUSTODY OF THE ISSUE DOCUMENT OF TITLE

15.1 So long as any moneys shall be payable by the Chargor and/or the Customer to the Chargee
during the continuance of this Charge the Chargee shall have the custody and possession of
the original issue document of title to the Asset and of all other whatsoever documents
evidencing any title to or right in the Asset or any benefits or right annexed appurtenant or
relating thereto or in any way connected therewith.

16. RESTRICTION ON PRODUCTION OF DOCUMENTS

16.1 In so far as the law shall permit the application of Section 244(2) of the National Land Code
1965 or the similar provisions of the Strata Title Act 1985 or Sabah Land Ordinance (Cap. 68)
or Sabah Land Ordinance (Subsidiary Titles) Enactment (No.9 of 1972) or Sarawak Land Code
(Cap. 81) or Strata Title Ordinance 1995 or any Act, Ordinance, Enactment, Order or Rules
affecting the same shall be restricted to instances where the production of any document is
required for purposes of any action or matter initiated or instituted by the Government or any
Government authority, department or officer and not where such document is required for any
purpose or to effect any transaction conducted or initiated by the Chargor and/or the Customer
AND nothing contained or expressed in the said provisions shall be construed as consent by
the Chargee (whether expressed or implied) to any act or transaction requiring the consent of
the Chargee.

17. DISCHARGE OF CHARGE

17.1 Subject to the rights of the Chargee as provided herein, upon full payment to the Chargee of
the Bank's Sale Price and all other whatsoever moneys due and payable by the Chargor and/or
the Customer under this Charge, the Chargor and/or the Customer shall be entitled at the
Chargor's and/or the Customer's entire cost and expense (including the cost of the solicitors
acting for the Chargee) to obtain a Discharge, provided that the Memorandum of Discharge of
Charge shall be prepared by a firm of solicitors approved by the Chargee.

18. ASSIGNMENT OF RIGHTS BY THE CHARGEE

18.1 The Chargee shall be at liberty at any time with or without the concurrence of and without notice
to the Chargor and/or the Customer to assign all rights, interests and obligations or any part
thereof to such person or corporation as it shall deem fit and upon such assignment the
assignee shall assume and be entitled to the rights, interests and obligations comprised in the
assignment as if the assignee had been the party to this Charge in place of the Chargee and
this assignment shall be conclusive and binding for all purposes against the Chargor and/or the
Customer.

19. USE OF BUILDING AND LAND

19.1 The use of the Asset is limited to Shariah compliant purpose only. The Chargor shall not
cause the Asset to be used or suffer the same to be used for purposes other than those for
which the same has been built. The Chargor shall at no time during the continuance of this
Charge remove or permit the removal of any soil or rock or any other matter or material.

__________________________________________________________________________________________
PIBB/SC/3056/07/2022(4)
Charge Annexure 3rd Party
Public Islamic Bank Berhad
- 15 -

20. CONSOLIDATION

20.1 It is hereby declared that the security herein shall not be redeemed, released or discharged
save and except on

(i) payment of all moneys secured hereunder; and

(ii) payment of all moneys, whatsoever and howsoever payable or due, from the Chargor
and/or the Customer to the Chargee or to Public Bank Berhad, or to any subsidiary or
related company of Public Bank Berhad under any other account or any liability whether
as customer, guarantor, security provider or judgment debtor; and

(iii) payment of all moneys secured by any other mortgage, lien, charge, pledge,
encumbrance or any other security whatsoever created by the Chargor or any person
through whom the Chargor claims in favour of or which is at the date hereof or at any
time hereafter assigned, charged to or vested in the Chargee or in Public Bank Berhad
or in any subsidiary or related company of Public Bank Berhad over any property or
other asset, other than the security comprised in this Agreement and/or the Security
Documents, which is in existence at the date hereof or has been or will be created at
any time in favour of the Chargee or Public Bank Berhad, or to any subsidiary or related
company of Public Bank Berhad by the Chargor and/or the Customer or any person
through whom he claims.

20.2 Without prejudice to any other remedy which the Chargee may have, the Chargee may with
seven (7) calendar days prior notice to the Chargor and the Customer combine or consolidate
all or any of the accounts of the Chargor and/or the Customer including accounts held jointly
with others and set-off or transfer

(i) any sum or sums standing to the credit of any one or more of such accounts or from
any other asset of the Chargor and/or the Customer; or

(ii) any security held by the Chargee or Public Bank Berhad or any subsidiaries and related
companies of Public Bank Berhad, towards satisfaction of any of the liabilities of the
Chargor and/or the Customer due and payable to the Chargee and Public Bank Berhad
and all subsidiaries and related companies of Public Bank Berhad.

21. CHANGE IN CONSTITUTION

21.1 The security liabilities and/or obligations created by this Charge shall continue to be valid and
binding for all purposes whatsoever notwithstanding any change by amalgamation,
reconstruction or otherwise which may be made in the constitution of the Chargee and similarly
the securities, liabilities and/or obligations created by this Charge shall continue to be valid and
binding for all purposes whatsoever notwithstanding any change by amalgamation,
reconstruction or otherwise howsoever in the constitution of the Chargor and/or the Customer
and it is expressly declared that no change of any sort whatsoever in relation to or affecting the
Chargor and/or the Customer shall in any way affect the securities, liabilities and/or obligation
created hereunder in relation to any transaction whatsoever whether past, present or future.

22. DEMANDS

22.1 Any demand for payment of the moneys intended to be hereby secured may be made by a
notice in writing in such form as shall be decided by the Chargee requiring payment within such
period as stated therein and may be signed on behalf of the Chargee by the Manager, Assistant
Manager, Accountant or any other duly authorised officer of the Chargee or by any solicitor or
firm of solicitors acting or purporting to act for the Chargee. Such notice shall be sufficiently
served on the Chargor and/or the Customer if it is addressed to the Chargor and/or the
Customer and left at the usual or last known place of residence or at the address abovestated
of the Chargor or at the usual or last known place of business of the Chargor and/or the
Customer or addressed to the Chargor and/or the Customer and sent by prepaid registered

__________________________________________________________________________________________
PIBB/SC/3056/07/2022(4)
Charge Annexure 3rd Party
Public Islamic Bank Berhad
- 16 -

letter to any of such addresses and in the last mentioned case the service shall be made at the
time when the registered letter would in the ordinary course of post be delivered, or if it is served
in such other manner as may be prescribed by the National Land Code 1965 or Strata Title Act
1985 or Sabah Land Ordinance (Cap. 68) or Sabah Land Ordinance (Subsidiary Titles)
Enactment (No.9 of 1972) or Sarawak Land Code (Cap. 81) or the Strata Title Ordinance 1995
or any Act, Ordinance, Enactment, Order or Rules affecting the same.

23. NOTICES

23.1 Subject to the provisions of Clause 22 in relation to notices of demand, any notice required to
be given by the Chargor and/or the Customer to the Chargee or by the Chargee to the Chargor
and/or the Customer hereunder shall be sent by prepaid post to the address mentioned herein
or the last known address/addresses of the Chargor and/or the Customer or the Chargee's
branch address herein or the last known address of the branch as the case may be and shall
be duly delivered 48 hours after the notice was put in the post. In proving delivery it shall be
sufficient to prove that the same was properly addressed and put in the post.

23.2 Any notice of change of address by the Chargee may be given by way of advertisement of
public notice in any daily newspaper and such change of address shall take effect from the date
specified in the notice.

23.3 Any request for access to or change in the personal or credit information of the Chargor and/or
the Customer shall be promptly notified to the Chargee.

24. WAIVER

24.1 Notwithstanding the fact that it may not have exercised any remedy available to it immediately
on default by the Chargor and/or the Customer or that it may have accepted moneys from the
Chargor and/or the Customer after such default, the Chargee shall not be held to have
condoned or acquiesced in such default and may at any time thereafter exercise all or any of
the remedies available to it and any delay on the part of the Chargee in taking steps to enforce
the remedies conferred on or available to it by this Charge or statute shall not be held to
prejudice its rights of action in respect thereof.

25. ACCOUNTS AS EVIDENCE

25.1 Accounts maintained by the Chargee specifying payment made by the Chargee for the account
of the Customer and by the Chargor and/or the Customer for the account of the Chargee
pursuant hereto and other charges accrued thereon from time to time shall constitute evidence
of the matters so specified therein and the statement of the Manager, Assistant Manager,
Accountant or any officer of the Chargee as to the amount of the balance shall be final.

26. MODIFICATION AND INDULGENCE

26.1 The Chargee may at any time without in any way affecting the obligations of the Chargor and/or
the Customer herein and the security hereby created:-

(a) Grant to the Chargor and/or the Customer or to any other surety or guarantor any time
or indulgence;

(b) Renew any bills, notes or other negotiable securities;

(c) Deal with exchange release or modify or abstain from perfecting or enforcing any
securities or other guarantees or rights it may now or at any time hereafter have from
or against the Chargor and/or the Customer or any other person;

(d) Compound or otherwise enter into any scheme of arrangement or composition with the
Chargor and/or the Customer or any other person or guarantor;

__________________________________________________________________________________________
PIBB/SC/3056/07/2022(4)
Charge Annexure 3rd Party
Public Islamic Bank Berhad
- 17 -

(e) Vary the terms and conditions herein contained (including but not limited to the
imposition of new terms and conditions) and/or the terms and conditions of any other
credit or financing facility granted to the Customer in such manner and at such times
as the Chargee shall think fit.

27. LIENS AND OTHER SECURITIES NOT AFFECTED

27.1 Nothing herein contained shall prejudice any lien to which the Chargee is entitled or securities
which the Chargee may at any time hold for or on account of the moneys hereby secured nor
shall anything herein contained operate so as to merge or otherwise prejudice or affect any
bills, notes, guarantees or other securities which the Chargee may for the time being have for
any moneys intended to be hereby or otherwise secured or any right or remedy of the Chargee
thereunder.

28. OVERCROWDING

28.1 The Chargor shall at no time during the continuance of this Charge allow the Asset to become
so crowded with persons residing thereon or therein (whether such residence be of a
permanent or temporary nature) so as to adversely affect this Charge and a certificate under
the hand of any director, secretary, surveyor, architect or any other duly authorised officer or
attorney of the Chargee that overcrowding as aforesaid has occurred and has adversely
affected this Charge shall be final and binding on the Chargor and/or the Customer. Upon
receipt of notice in writing from the Chargee that in the opinion of the Chargee any use by the
Chargor of the Asset or any part thereof whether by reason of overcrowding or for any other
reason whatsoever is calculated to adversely affect this Charge the Chargor shall forthwith
discontinue such use.

29. INSPECTION

29.1 The Chargee and its agents and servants with or without workmen shall be at liberty at all
reasonable times of the day to enter upon the Asset and into any building or buildings erected
or comprised in the Asset and to view and to inspect the condition of repair thereof and to make
a report thereon at the cost and expense of the Chargor and/or the Customer PROVIDED
HOWEVER that if the Chargee should enter and repair the same it shall not be liable as
beneficial owner in possession.

30. CULTIVATION

30.1 In addition to and not in derogation of the agreements and stipulations implied and obligations
imposed and the rights created by law, custom and this Charge, the Chargor expressly agrees,
covenants and undertakes, where applicable, the following:-

(a) During the continuance of this Charge the Chargor shall continue to maintain and
cultivate the Asset in a proper and workmanlike manner and in accordance with the
methods of good husbandry and until this Charge is fully satisfied and discharged the
Chargee shall at all reasonable times be at liberty to enter upon the Asset to view and
inspect the state of maintenance or cultivation; and

(b) During the continuance of this Charge the Chargor shall keep the Asset clean weeded
and free from lallang and other undergrowth and in default whereof it shall be lawful for
but not obligatory upon the Chargee to employ at the cost and expense of the Chargor
and/or the Customer labourers or workmen for the purpose of keeping the Asset clean
weeded and free from lallang and other undergrowth PROVIDED ALWAYS that nothing
in this clause contained and no act of the Chargee, its servants or agents done in
pursuance of the provisions of this clause shall render the Chargee liable as Chargee
in possession.

__________________________________________________________________________________________
PIBB/SC/3056/07/2022(4)
Charge Annexure 3rd Party
Public Islamic Bank Berhad
- 18 -

31. MAINTENANCE

31.1 The Chargor shall not alter, pull down or remove any fixture now or at any time hereafter erected
on or affixed to the Asset or any part thereof without the prior written consent of the Chargee
and shall forthwith replace or make good the same at the cost and expense of the Chargor
and/or the Customer in the event of such alteration pulling down or removal. In default whereof
it shall be lawful for but not obligatory upon the Chargee to replace or make good the same at
the cost and expense of the Chargor and/or the Customer in the event of any such alteration
pulling down or removal. Where it is intended that there is to be erected any new buildings on
the Asset or that the said Facility or part thereof are to be utilised for the purpose thereof the
Chargor and/or the Customer shall complete the erection of such buildings in accordance with
the approved plans thereof and such amendments thereof as may have been agreed to in
writing by the Chargee with all reasonable speed and shall complete the erection thereof so as
to comply with all requirements of any municipal or such other competent authority/authorities
necessary as the Chargee may stipulate.

31.2 During the continuance of this Charge, the Chargor and the Customer shall continue to maintain
the Asset in a proper and workmanlike manner and until the Bank’s Sale Price and all moneys
payable under the Asset Sale Agreement are fully satisfied and discharged the Chargee shall
at all reasonable times be at liberty to enter upon the Asset to view and inspect the state of
maintenance.

32. LEASING AND POSSESSION

32.1 The Chargor shall not lease or let out or grant any license or otherwise howsoever part with the
possession or make or accept the surrender of any lease whatsoever of or in respect of the
Asset or any fixture or structure thereon or any part thereof to or from any persons, firms or
companies without the prior written consent of the Chargee which consent may be given or
refused without assigning any reason therefor or on such terms and conditions as the Chargee
shall deem fit and the decision of the Chargee shall be final.

33. FURTHER CHARGE

33.1 In the event that the Chargor execute or create any further or subsequent charge or
encumbrances over the Asset, this Charge shall take priority over any further or subsequent
charge.

33.2 In the event that the Chargor shall execute or create any further or subsequent charge or
encumbrance over the Asset hereby charged or any part thereof in favour of any other
corporation, organisation or person, of which the Chargee shall receive notice either actual or
constructive, the Chargee may on receiving such notice forthwith open a new account or
accounts with the Chargor and/or the Customer. If the Chargee does not open a new account
the Chargee shall nevertheless be deemed to have done so as at the time when the Chargee
received or was deemed to have received such notice (hereinafter called "the time of notice")
and as from and after the time of notice all payments made by the Chargor and/or the Customer
to the Chargee shall (notwithstanding any legal or equitable rule of presumption to the contrary)
be credited or treated as having been credited to the new account and shall not operate to
reduce the amount due by the Chargor and/or the Customer to the Chargee at the time of
notice. PROVIDED ALWAYS that nothing in this clause contained shall prejudice the security
which the Chargee otherwise would have had herein for the payment of the moneys, costs,
charges and expenses herein this Charge referred to notwithstanding that the same may
become due or payable or be incurred after the time of notice.

34. CONTINUING SECURITY

34.1 The security created by this Charge is expressly intended to be and shall be a continuing
security for all moneys payable or due to the Chargee by the Chargor and/or the Customer
whether alone or jointly and severally with another or others and whether as principal or surety
notwithstanding that the Chargor and/or the Customer may at any time or times cease to be

__________________________________________________________________________________________
PIBB/SC/3056/07/2022(4)
Charge Annexure 3rd Party
Public Islamic Bank Berhad
- 19 -

indebted to the Chargee for any period or periods and notwithstanding that the account(s) of
the Customer with the Chargee may from any cause whatsoever cease to be a current
account(s) and notwithstanding any settlement of account(s) or otherwise.

35. COVENANT TO PROVIDE FURTHER SECURITY

35.1 The Chargor and/or the Customer shall at any time if and when required by the Chargee
execute such legal charges, assignments, transfers or agreements in favour of the Chargee on
all the Chargor's and/or the Customer's estate, right, title and interest in any property or assets
or business now belonging to the Chargor and/or the Customer (including any vendor's lien).
The benefit of all licenses held in connection therewith to secure all moneys and liabilities
hereby agreed to be paid or intended to be hereby secured such charges, assignments,
transfers or agreements to be prepared by or on behalf of the Chargee at the cost of the Chargor
and/or the Customer and to contain all such terms and conditions for the benefit of the Chargee
as the Chargee may reasonably require.

35.2 The Chargor and/or the Customer shall at any time if and when required by the Chargee so to
do deposit with the Chargee the documents of title of any or all immovable properties vested in
the Chargor and/or the Customer for any tenure and all or any debentures, shares, stocks or
other investments or securities registered in the name of the Chargor or otherwise belonging to
the Chargor and/or the Customer. Such deposit may be by way of additional collateral as
security for the payment of moneys and liabilities hereby secured and may also or otherwise
be for the purpose of securing any other moneys payable to the Chargee and not secured
hereby.

35.3 The Chargor and the Customer hereby agree and acknowledge that the Chargee may at any
time require the Chargor and/or the Customer to deposit and to create such additional collateral
security referred to in Clauses 35.1 and 35.2 above in the event where:-

(a) the value of the security herein or any part thereof given in favour of the Chargee has
depreciated due to fluctuation in the market price/resale value of the said security;
and/or

(b) there is or has been a decline in the value of the said security or any part thereof
resulting in the maximum financing-to-value ratio required by the Chargee for that said
security to be exceeded; and/or

(c) the said security or any part thereof has become obsolete or is in jeopardy or its value
has deteriorated due to the introduction of new or more superior models and/or
equipment or due to any other cause, as the case may be; and/or

(d) the Chargor’s and/or the Customer’s ability to observe the Chargor’s and/or the
Customer’s financial obligations under this Charge is compromised and/or reduced for
any reason whatsoever; and/or

(e) the Chargor and/or the Customer’s is in default of the Chargor’s and/or the Customer’s
obligations as provided herein and/or where the Facility is subject to review,
restructuring or rescheduling, variation or modification, as the case may be; and/or

(f) any event of default has occurred as defined in any other security documents and/or
the Letter of Offer.

36. ALL PAYMENTS RECEIVED TO BE PAYMENTS IN GROSS

36.1 All moneys received by the Chargee from any person or estate capable of being applied in
reduction of the moneys hereby secured shall be regarded for all purposes as payments in
gross and if a receiving order shall be made against any person liable to the Chargee or an
order is made or an effective resolution is passed for the winding up of any company liable to

__________________________________________________________________________________________
PIBB/SC/3056/07/2022(4)
Charge Annexure 3rd Party
Public Islamic Bank Berhad
- 20 -

the Chargee, the Chargee may prove for the whole of the moneys then due and no money
received under such proof shall be considered as received in respect of this Charge but the full
amount due shall be payable until the Chargee has received from all sources one hundred Sen
in the Ringgit and if the amount ultimately received shall exceed the balance payable to the
Chargee the excess only over such ultimate balance shall be paid to the persons or
party/parties on whose account the same shall have been received by the Chargee.

37. SEVERABILITY

37.1 If any of the provisions of this Charge become invalid, illegal or unenforceable in any respect
under any law the validity, legality and enforceability of the remaining provisions shall not in
any way be affected or impaired.

38. INVOLUNTARY LOSS

38.1 The Chargee shall not be answerable for any involuntary loss suffered by the Chargor and/or
the Customer as a result of or incidental to the exercise or the execution by the Chargee of any
power conferred on the Chargee by this Charge or by statute and nothing herein contained
shall render it obligatory on the Chargee either at law or in equity to make good any such
involuntary loss or any part thereof.

39. VALUATION

39.1 The Chargee reserves the right to carry out a fresh valuation of the Asset at any time and at
the cost and expense of the Chargor and/or the Customer and to vary the terms of the said
Facility and/or require additional security or recall the said Facility at any time it finds the security
to be inadequate.

39.2 The Chargor and the Customer undertake to maintain such margin of security over the
aggregate of the indebtedness mentioned above as the Chargee shall from time to time
stipulate either by the deposit with the Chargee of additional security approved by the Chargee
on the terms set out in this Charge or by the payment to the Chargee in cash of such amount
and upon such terms as the Chargee shall require. The aforesaid provisions are without
prejudice to the generality of Clause 36 hereof.

39.3 For the purpose aforesaid, the Chargor hereby declares and agrees that the licensed valuer,
his servant or agent shall have the right to enter the Asset.

40. SUCCESSORS BOUND

40.1 This Charge shall be binding upon the heirs, personal representatives, executors and
successors in title of the Chargor and on the successors in title and assigns of the Chargee and
the Chargor shall not be entitled to assign any of the Chargor's rights or obligations under this
Charge.

41. RIGHT OF SET-OFF

41.1 The Chargor and the Customer hereby agree that the Chargee may any time with seven (7)
calendar days prior written notice combine or consolidate all or any of the Islamic accounts of
the Chargor and/or the Customer including Islamic accounts in the name of the Chargee or of
the Chargor and/or the Customer jointly with others (whether current, deposit, loan or of any
other nature whatsoever and whether in Ringgit or in any other currency) wheresoever situated
and set-off or transfer any sum standing to the credit of any moneys, obligations and liabilities
of the Chargor and/or the Customer to the Chargee whether such liabilities be present, future,
actual, contingent, primary, collateral, several or joint. Where such combination, set-off or
transfer requires the conversion of one currency into another such conversion shall be
calculated at the prevailing spot rate of exchange of the Chargee (as conclusively determined
by the Chargee) for purchasing the currency for which the Chargor and/or the Customer is liable
with the existing currency so converted.

__________________________________________________________________________________________
PIBB/SC/3056/07/2022(4)
Charge Annexure 3rd Party
Public Islamic Bank Berhad
- 21 -

42. CUMULATIVE REMEDIES

42.1 The remedies provided herein are cumulative and are not exclusive of any other remedies
provided by law.

43. STAMP DUTIES, REGISTRATION FEES AND COSTS

43.1 The Chargor and/or the Customer shall pay all stamp duties, fees, any applicable tax payable,
whether currently in force or to be implemented and chargeable by law or other charges payable
on or incidental to the execution, issue, delivery and registration of this Charge (including any
penalties for late payment thereof) and including all incidental cost and expenses incurred by
the Chargee in enforcing and/or realising the security asset herein and any documents related
thereto and shall reimburse the Chargee for any such duties, fees or other charges paid by the
Chargee.

43.2 All costs of and incidental to the preparations of this Charge including legal fees thereon and
all other legal costs and expenses incurred in making demands or taking legal proceedings for
recovery of any sum due and payable hereunder (including the Chargee's solicitors' costs on a
solicitor and client basis) shall be solely borne and paid forthwith by the Chargor and/or the
Customer and the Chargee is hereby irrevocably authorised to pay or otherwise settle the same
on behalf of the Chargor and/or the Customer and to debit the full amount in respect thereof
against the Customer's account in the event the same are not paid or otherwise settled by the
Chargor and/or the Customer within one (1) week of the same becoming due.

44. CERTIFICATE OF INDEBTEDNESS

44.1 It is hereby agreed that any admission or acknowledgement in writing by the Chargor and/or
the Customer or by any person authorised on behalf of the Chargor and/or the Customer or
pursuant to a judgment (by default or otherwise obtained against it) or a certificate in writing
showing the moneys hereby payable by the Chargor and/or the Customer which is duly certified
by an authorised officer of the Chargee shall be binding and conclusive evidence against the
Chargor and/or the Customer for whatever purpose including as being conclusive evidence of
the Chargor's and/or the Customer's indebtedness in a court of law.

45. DISCLOSURE

45.1 The Chargor and the Customer understand that in order to provide or continue to make
available the said Facility pursuant to the terms of the Letter of Offer and the Asset Sale
Agreement, personal or credit information of the Chargor and the Customer may be disclosed
to, shared with or received from relevant third parties, bodies, bureaux, corporation or credit
reporting agencies more particularly stated below. The Chargee will not be able to provide or
continue to provide the Customer with the said Facility unless the Chargee can disclose, share
with or receive such personal or credit information from the said relevant third parties.

45.2 The Chargor and the Customer hereby consent and authorise that their personal and credit
information relating to the said Facility granted or made available or agreed to be granted or
agreed to be made available or continued to be made available to the Customer pursuant to
the Asset Sale Agreement and this Charge may be forwarded or made known by the Chargee
to such parties that have provided or may hereafter provide any security, guarantee or
undertaking to the Chargee pursuant to or in relation to the said Facility or the Chargee’s
holding company, Public Bank Berhad and to Public Bank Berhad’s subsidiaries and related
companies including without limitation Public Investment Bank Berhad for the purposes and to
give effect to the terms of the Asset Sale Agreement and this Charge including for that stated
in Clause 45.5 herein.

45.3 The Chargor and the Customer hereby consent and authorise that all information relating to the
said Facility granted to the Customer may be forwarded to any bureau or agencies established
or approved by Bank Negara Malaysia (BNM) or registered and licensed under the Credit
Reporting Agencies Act 2010 including the Central Credit Bureau, the Borrower Loans

__________________________________________________________________________________________
PIBB/SC/3056/07/2022(4)
Charge Annexure 3rd Party
Public Islamic Bank Berhad
- 22 -

Information System, Dishonoured Cheque Information System (DCheqs), Central Credit


Reference Information System (CCRIS), FIS Data Reference Sdn Bhd (FIS), RAM Credit
Information Sdn Bhd (RAMCI), CTOS Data Systems Sdn Bhd (CTOS), Credit Bureau Malaysia
Sdn Bhd (CBM), Dun & Bradstreet (Malaysia) Sdn Bhd (D&B), Basis Corporation Sdn Bhd
(Basis) and other bodies, bureaux, corporations or credit reporting agencies, as the case may
be, for the purpose of collecting information from financial institutions regarding facilities
granted or the accounts maintained with such financial institutions.

45.4 The Chargor and the Customer hereby further consent and authorise that all information,
records and documents relating to the said Facility may be forwarded to Cagamas Berhad or
such body or corporation, as the case may be, in the event the said Facility or part thereof is
sold to them or either one of them.

45.5 The Chargor and the Customer hereby agree that as long as this Charge continues and/or as
long as any moneys due thereunder remain outstanding, the Chargee shall be entitled to
disclose information on the Chargor and the Customer (including information on the Chargor's
and/or the Customer's business and accounts, present or future) with the Chargee to the
Chargee’s holding company, Public Bank Berhad and to companies which are or which in the
future may be a subsidiary or related company of Public Bank Berhad, and that Public Bank
Berhad and its subsidiaries and related companies shall also be entitled to disclose to the
Chargee and to each other information they have on the Chargor and the Customer.

46. PERSONAL LIABILITY OF THE CHARGOR AND THE CUSTOMER

46.1 The Chargor and the Customer expressly agree and covenant that the personal liability of the
Chargor and the Customer is in addition to and not in substitution of any other rights which the
Chargee may have under this Charge. The Chargee is not obliged to first foreclose on the Asset
before it is entitled to take any action against the Chargor and the Customer for the balance. If
the Chargee shall, chose to enforce this Charge in accordance with the provisions of this
Charge and if the amount realised by the Chargee on a sale of the Asset after deduction and
payment from the proceeds of such sale of all fees (including the Chargee's solicitor's fees)
dues, costs, rents, rates, taxes and other outgoings on the Asset and all the expenses incurred
in connection with the making and carrying into effect of the order of sale be less than the
amount due to the Chargor and/or the Customer and whether at such sale the Chargor and/or
the Customer is the purchaser or otherwise the Chargor and/or the Customer shall continue to
be liable and shall pay to the Chargee the difference between the amount due and the amount
so realised and the decision of the Chargee shall be final.

Nothing stated herein shall bind or require the Chargee to exercise its rights of sale of the Asset
first before enforcing the Chargor's and/or the Customer's personal covenant to pay on demand
and the decision of the Chargee shall be final.

47. CUSTOMER AS PRINCIPALLY LIABLE FOR THE SAID FACILITY

Although as between the Customer and the Chargor the Customer is a surety/sureties only for
the Chargor yet as between the Customer and the Chargee, the Customer shall be principally
liable for the said Facility and accordingly the Customer shall not be released at any time by
any indulgence given to the Chargor or by any scheme of arrangement or composition entered
into with the Chargor or by any act, matter or thing whereby the Customer as surety/sureties
only might be released and discharged.

48. CIVIL COURTS JURISDICTION

48.1 The parties hereby agree that notwithstanding anything to the contrary contained herein, the
civil courts of Malaysia shall have the powers and jurisdiction to hear all matters and disputes
which may arise in respect of this Charge or other instruments (as the case may be) relating to
the financing facilities provided hereunder.

__________________________________________________________________________________________
PIBB/SC/3056/07/2022(4)
Charge Annexure 3rd Party
Public Islamic Bank Berhad
- 23 -

49. LETTER OF OFFER

49.1 The Chargor and the Customer hereby acknowledge and declare that the Customer has duly
accepted the Letter of Offer and has agreed to the terms and conditions thereof.

49.2 The terms and conditions and other provisions of the Letter of Offer are hereby incorporated as
if specifically and expressly set out at length herein and the Letter of Offer shall form part of
and be read and construed with this Charge as if they were one document. In the event of any
conflict or discrepancy between the provisions of this Charge and the Letter of Offer, and unless
otherwise expressly provided in writing, the provisions of the Letter of Offer shall prevail to bind
the parties.

49.3 Notwithstanding anything to the contrary expressed or implied in or by this Charge or the Letter
of Offer, the Chargee shall be entitled at any time to amend, modify or otherwise supplement
the terms or conditions or provisions of all or any one or more of the Letter of Offer as the
Chargee may as it deems fit with twenty one (21) calendar days prior written notice to the
Chargor and/or the Customer before the said new provision(s) or term takes effect.

49.4 The Letter of Offer shall form part of the security documents to be created as herein provided.

50. TIME

50.1 Time whenever mentioned shall be of the essence under this Charge.

51. ISLAMIC FINANCIAL SERVICES ACT 2013

51.1 The consent of the Chargee to this Charge, including the consent of the Chargee to make or
continuing to make available the said Facility, is conditional upon and subject at all times to the
representation of the Chargor and the Customer that the provisions of the Islamic Financial
Services Act 2013 (“IFSA”) have not been infringed. If at any time during the currency of this
Charge the Chargee discovers that there had been an infringement of any of the provisions of
the IFSA or that the continued performance of this Charge will be in violation of the IFSA, the
Chargee is entitled forthwith to exercise all of its rights contained herein.

52. ANTI-MONEY LAUNDERING, ANTI-TERRORISM FINANCING


AND PROCEEDS OF UNLAWFUL ACTIVITIES ACT 2001

52.1 The Chargor is prohibited to utilize the said Facility granted for any illegal activities as stipulated
under the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful
Activities Act 2001. The Chargee has the right to obtain all information required as well as the
financing source related to the Chargor. The Chargee has also the right to lodge a report to the
relevant authorities and to extend full cooperation in order for the authorities to carry out their
duties under the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful
Activities Act 2001. If it is found that the Chargor is in violation of the Anti-Money Laundering,
Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001, the Chargee is entitled
forthwith to exercise all of its rights contained in Clause 5 herein.

53. HEADINGS

53.1 The headings hereto shall not affect the construction of this Charge.

54. PRINCIPAL AND SECONDARY INSTRUMENT

54.1 It is hereby agreed and declared that this Charge and the Asset Sale Agreement are
instruments employed in one transaction within the meaning of Section 4(3) of the Stamp Act
1949 and for the purposes of the said Section, this Charge is deemed to be the secondary
instrument.

__________________________________________________________________________________________
PIBB/SC/3056/07/2022(4)
Charge Annexure 3rd Party
Public Islamic Bank Berhad
- 24 -

55. DEFINITIONS

55.1 In this Charge where the context so admits:-

(a) The expression "Chargee" includes its successors in title and assigns.

(b) The expression "Chargor" and "Customer" includes the personal representative of and
all persons deriving title under the Chargor.

(c) The expression “credit reporting agency” means a person who carries on a credit
reporting business and is registered under the Credit Reporting Agencies Act 2010.

(d) The expression "Instalment" means an instalment payable by the Customer under any
covenants or provisions herein contained.

(e) The expression "IFSA" means the Islamic Financial Services Act 2013 and includes
any statutory amendment or statutory re-enactment thereof.

(f) The expression "Month" means calendar month.

(g) The expression "National Land Code 1965" means the National Land Code (Act 56)
1965 and includes any statutory amendment or re-enactment thereof and all subsidiary
legislation enacted thereunder.

(h) The expression "Profit Margin" shall mean the difference between the said Facility
granted by the Chargee and the Bank's Sale Price as stated in the Asset Sale
Agreement.

(i) The expression "Asset Sale Agreement" shall mean the Asset Sale Agreement as
stated herein between the Chargee herein and the Chargor herein for sale from the
Chargee to the Chargor of the Asset herein.

(j) The expression “Reference Rate” shall mean the Base Financing Rate, Base Rate,
Standardised Base Rate or any other reference rate determined by the Bank from time
to time as stipulated in the Letter of Offer and/or Section 7 of the First Schedule.

(k) The expression "Sabah Land Ordinance (Cap. 68)" includes any statutory amendment
or re-enactment thereof and all subsidiary legislation enacted thereunder.

(l) The expression "Sabah Land Ordinance (Subsidiary Titles) Enactment (No. 9 of 1972)
includes any statutory amendment or re-enactment thereof and all subsidiary
legislation enacted thereunder.

(m) The expression "Sarawak Land Code (Cap. 81)" includes any statutory amendment or
re-enactment thereof and all subsidiary legislation enacted thereunder.

(n) The expression "Strata Title Act 1985" includes any statutory amendment or re-
enactment thereof and all subsidiary legislation enacted thereunder.

(o) reference to any legislation or statute or its provision(s) thereto shall include reference
to any amendments, statutory modification and re-enactment thereof and any
regulations, proclamations, by laws, published rulings, statements of policy or
guidelines issued under or in relation to that statute and shall include any legislation or
statute repealing that statute.

(p) Words importing the masculine gender include the feminine and neuter genders.

__________________________________________________________________________________________
PIBB/SC/3056/07/2022(4)
Charge Annexure 3rd Party
Public Islamic Bank Berhad
- 25 -

(q) Words importing the singular number only include the plural number and vice versa
and where there are two or more persons included in the expression "the Chargor" and
"the Customer" and covenants expressed to be made by the Chargor and the Customer
shall be deemed to be made by such persons jointly and severally.

[THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK]

__________________________________________________________________________________________
PIBB/SC/3056/07/2022(4)
Charge Annexure 3rd Party
Public Islamic Bank Berhad
- 26 -

IN WITNESS WHEREOF the parties have hereunto set their hands the day and year first above written.

SIGNED by the Chargor )


in the presence of:- )
)
)
)

SIGNED by )
)
for and on behalf of )
PUBLIC ISLAMIC BANK BERHAD (14328-V) )
in the presence of:- )

__________________________________________________________________________________________
PIBB/SC/3056/07/2022(4)
Charge Annexure 3rd Party
Public Islamic Bank Berhad
- 27 -

THE FIRST SCHEDULE

(which is to be taken read and construed


as an integral part of this Agreement)

SECTION
1. Name and description
of the Chargor

2. Place of Business of
the Chargee

3. The Bank's Sale Price

4. The day and year of


the Asset Sale
Agreement

__________________________________________________________________________________________
PIBB/SC/3056/07/2022(4)
Charge Annexure 3rd Party
Public Islamic Bank Berhad
- 28 -

SECTION
5. Name and description
of the Customer

6. The Contracted Profit


Rate

7. The Effective Profit Rate (EPR)

Period
EPR
1st year
_______% p.a.
2nd year
*BFR + (-) _______% p.a.
* BR + _______% p.a.
*SBR + _______% p.a.
3rd year onwards
*BFR + (-) _______% p.a.
* BR + _______% p.a.
*SBR + _______% p.a.

* “BFR” refers to the “Base Financing Rate” which is currently at _______% p.a.

* “BR” refers to “Base Rate” which is currently at _______% p.a.

* “SBR” refers to “Standardised Base Rate” which is currently at _______% p.a.

* Delete if inapplicable

__________________________________________________________________________________________
PIBB/SC/3056/07/2022(4)
Charge Annexure 3rd Party
Public Islamic Bank Berhad
- 29 -

SECTION
8. The Bank’s Sale Price shall be paid by the Chargor/Customer to the Chargee as
follows:

* 8(a). * Grace Instalment (payable upon first release/disbursement, if applicable)

Month(s) Instalment Total

8(b). Normal Instalment (payable upon first release/disbursement or upon full release of
the said Facility whichever is earlier)

Month(s) Instalment Total

TOTAL (8(a) + 8(b)) : Ringgit Malaysia

(RM )
the first of which instalment shall commence one (1) month after the date of first
disbursement of the said Facility or such other date as the Chargee may stipulate and
the remainder at regular successive intervals of one (1) month thereafter until the
payment of the Bank's Sale Price is made in full.

9. The Prepayment Notice Period _________________ (________) months.

*Delete if inapplicable.

__________________________________________________________________________________________
PIBB/SC/3056/07/2022(4)
Charge Annexure 3rd Party
Public Islamic Bank Berhad
- 30 -

ENDORSEMENT BY THE CUSTOMER

To: Public Islamic Bank Berhad (14328-V)

I/We, the Customer named herein, hereby irrevocably and unconditionally confirm, agree, represent
and warrant that:-

1. the provisions of this Charge executed by the Chargor, and its implications on me/us have been
read and fully understood by me/us;

2. at my/our request the Chargee has granted and made available or agreed to grant or agreed
to make available or to continue to grant or to continue to make available now or as hereafter
may be agreed at anytime to be made available to me/us the said Facility and I/we further agree
and confirm that I/we have authorised all releases and advances pursuant to the Letter of Offer,
the Asset Sale Agreement and this Charge and such amount so paid, released or advanced if
not sooner paid shall be debited by the Chargee from my/our account without notice to me/us;

3. all warranties, representations and covenants made by references to the expression


"Customer" shall be read and deemed to be made by me/us as if I/we am/are a party to the
terms and conditions of this Charge and shall be binding for all purposes against me/us;

Dated this day of 20

Signed by the Customer )


in the presence of:- )
)
)

__________________________________________________________________________________________
PIBB/SC/3056/07/2022(4)
Charge Annexure 3rd Party
Public Islamic Bank Berhad

You might also like