SCHEDULES

SCHEDULE (A) Form of Assignation of Lease

Annotations:
Amendments (Textual)
F2

Words in Sch. (A) substituted (1.8.1995) by 1995 c. 7, s. 14(1), Sch. 4 para. 12 (with ss. 9(3)(5)(7), 13, 14(3))

I, A.B., [designation] in consideration of the sum of now paid to me, [or otherwise, as the case may be,] assign to C.D. [designation] a lease, dated , and recorded in the Register of Sasines at , of date , granted by E.F. [designation] in my favour [or if not in assigner’s favour, name and design granted], of [shortly mention subjects] in the parish of and county of . . . F1 [but (where the lease is assigned in part only) in so far only as regards the following portion of the subjects leased; viz. (specify particularly the portion),] with entry as at (term of entry). And [where sub-lease] I assign the rents from [term]; and I grant warrandice; and I bind myself to free and relieve the said C.D. of all rents and burdens due to the landlord or others at and prior to the term of entry in respect of said lease; and I consent to registration for preservation and execution.

[Testing clause.F2+]

F2+Note—Subscription of the document by the granter of it will be sufficient for the document to be formally valid, but witnessing of it may be necessary or desirable for other purposes (see the Requirements of Writing (Scotland) Act 1995).

SCHEDULE (B) Form of Bond and Assignation in Security

Annotations:
Amendments (Textual)
F4

Words in Sch. (B.) inserted (1.8.1995) by 1995 c. 7, s. 14(1), Sch. 4 para. 13 (with ss. 9(3)(5)(7), 13, 14(3))

I,A.B., [designation] bind myself, my heirs and executors, without the necessity of discussing them in their order, to make payment, at the term of [date and place of payment]. to C.D. [designations] or his heirs, executors, or assignees, of the sum of , being money borrowed by me from him, [or as a provision to the said C.D ., or of the yearly annuity of during his lifetime, as the case may be,] with the interest of the said capital sum at the rate of per cent. per annum, payable by equal portions half-yearly at Whitsunday and Martinmas, beginning the first payment at . And, in security of the personal obligation before written, I assign to the said C.D. and his foresaids, heritably but redeemably, as after mentioned, yet irredeemably in the event of a sale by virtue hereof, a lease of [shortly mention subjects leased] in the parish of and county of , which lease was granted by E.F., [designation,] of date , and recorded [insert register, with date of recording], . . . F3; [but (where only a portion of the subjects are assigned) in so far only as regards the following portion of the subjects leased; viz. (specify particularly the portion)]. And I assign the rents; and I assign the writs; and I grant warrandice; and I reserve power of redemption; and I oblige myself and my foresaids for the expenses of assigning and discharging this security; and, on default of payment, I grant power of sale; and I consent to registration for preservation and execution.

[Testing clauseF4+]

F4+Note—Subscription of the document by the granter of it will be sufficient for the document to be formally valid, but witnessing of it may be necessary or desirable for other purposes (see the Requirements of Writing (Scotland) Act 1995).

SCHEDULE (C) Forms of Notarial Instruments in favour of a Party not the original Grantee.

Annotations:
Amendments (Textual)

F12...

F12...

SCHEDULE (D) Form of Translation of Assignation in Security

Annotations:
Amendments (Textual)
F6

Words in Sch. (D.) inserted (1.8.1995) by 1995 c. 7, s. 14(1), Sch. 4 para. 13 (with ss. 9(3)(5)(7), 13, 14(3))

I, A.B., [designation,] in consideration of the sum of now paid to me [or as the case may be], assign and transfer to C.D. [designation] a bond and assignation in security for the principal sum of [or as the case may be], granted by E.F. [designation] in my favour, [ or, if not in granter’s favour, name and design the party in whose favour granted,] dated and recorded [register and date of recording] of and over a lease granted by G.H. [designation] of [shortly describe subjects leased], in the parish of , and county of , which lease is dated , and is recorded in the said register of date . . . F5, [but (where the translation is partial) only to the extent of (insert sum), and to the effect of giving pari passu preference to the said C.D. over the said lease with me, my heirs and assigns, as regards the remainder of the said principal sum and corresponding interest], with the interest from [date].

[Testing Clause.F6+]

F6+Note—Subscription of the document by the granter of it will be sufficient for the document to be formally valid, but witnessing of it may be necessary or desirable for other purposes (see the Requirements of Writing (Scotland) Act 1995).

SCHEDULE (E). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

Annotations:
Amendments (Textual)

SCHEDULE (F) Form of Notarial Instrument in Favour of Heir in recorded Lease or Assignation in Security, or of Trustee on Sequestrated Estate.

Annotations:
Amendments (Textual)

F13...

F13....

C1SCHEDULE (G) Renunciation of lease

Annotations:
Amendments (Textual)
F9

Words in Sch. (G.) inserted (1.8.1995) by 1995 c. 7, s. 14(1), Sch. 4 para. 13 (with ss. 9(3)(5)(7), 13, 14(3))

Modifications etc. (not altering text)

I, A.B. [designation,] renounce as from the term of in favour of C.D. [designation] a lease granted by the said C.D. [or as the case may be] of [shortly set forth subjects] in the parish of and county of , which lease is dated and recorded [register, and date of recording,] . . . F8.

[Testing Clause. F9+]

F9+Note—Subscription of the document by the granter of it will be sufficient for the document to be formally valid, but witnessing of it may be necessary or desirable for other purposes (see the Requirements of Writing (Scotland) Act 1995).

SCHEDULE (H) Form of Discharge of Bond and Assignation in Security

Annotations:
Amendments (Textual)
F10

Words in Sch. (H.) inserted (1.8.1995) by 1995 c. 7, s. 14(1), Sch. 4 para. 13 (with ss. 9(3)(5)(7), 13, 14(3))

I, A.B., [designation,] in consideration of the sum of now paid to me by C.D. [designation,] discharge a bond and assignation in security for the sum of ,granted by the said C.D. in my favour [or as the case may be*], and which is dated and recorded in the [register, and date of recording]; and I declare to be disburdened thereof a lease granted by E.F. [designation] of [shortly mention subjects leased] in the parish of and county of ,which lease is dated and recorded [register, and date of recording].

[Testing Clause.F10+]

F10+Note—Subscription of the document by the granter of it will be sufficient for the document to be formally valid, but witnessing of it may be necessary or desirable for other purposes (see the Requirements of Writing (Scotland) Act 1995).

* Note.—If granter not original creditor F11name and design original creditor