Lake, being a point on the Cascade Mountains, as defined by the Interpretation Act 2010
B.C. Reg. 332
British Columbia — Consolidated Statutes
332/2010
Land and Title Survey Authority of British Columbia
November 22, 2010
January 1, 2011
Land Title Act
Land Title Act (Board of Directors) Regulation
Definition
In this regulation, Act means the Land Title
Act .
Amendments to
section 158 of the Act
A person who is the registered owner in fee simple of an existing parcel together
with an undivided share or shares in one or more parcels that individually or collectively
are contiguous to the existing parcel may, with the approval of
the municipality, if the lands are situate in a municipality, or
the minister charged with administration of the Transportation
Act , if the lands are situate in unorganized
territory,
apply to the registrar for a new indefeasible title to his or her
lands.
An application under subsection (1) must be made pursuant to the appropriate
provisions of
section
192 of the Act.
The lands must be described in the indefeasible title in the manner set out in
section 11
(10) of the Land Title Act Regulation, B.C. Reg. 334/79, and together they
constitute a single parcel.
If the parcels are shown on different subdivision plans, the registrar may require
the applicant to deposit an explanatory plan.
Land title district boundaries
The boundaries of the land title districts are those specified in
Schedule
Prescribed mortgage terms
The standard mortgage terms set out in
Schedule B, referred to as the "prescribed
standard mortgage terms", are prescribed for the purposes of
section 227 of the Act.
Excluded instruments
Division 6 of
Part 14 of the Act does not apply to
an instrument that, without the signature of the owner of an interest, operates
to transfer, assign, charge or otherwise affect the interest,
an instrument in the form prescribed under B.C. Reg. 334/79 or another
enactment,
an instrument in the form approved by the Director of Land Titles, other than a
general instrument in the form approved by the Director of Land Titles under
section 233 of the
Act, or
an instrument creating a floating charge that does not also create a mortgage of
specific land.
Nothing in subsection (1) operates to disapply Division 6 of
Part 14 of the Act to
instruments that create or constitute
an assignment of rents that is not part of a mortgage,
an easement,
an equitable charge other than a floating charge,
an agreement to extend a registered mortgage or charge over other
land,
an agreement to modify a charge,
a lease, option to lease or agreement to renew a lease,
an option to purchase,
a right of first refusal,
a right to purchase,
a statutory right of way,
a positive or negative covenant, other than a statutory building scheme in the
form approved by the Director of Land Titles,
an assignment of a registered charge, other than an assignment of a registered
mortgage or registered judgment in the form approved by the Director of Land Titles,
a release or discharge of a charge or interest.
Schedule A
Land Title District Boundaries
Kamloops Land Title District
All that portion of the Province of British Columbia which is contained within
the following boundaries:
Commencing at the point of intersection of the southerly boundary of the Province
with the easterly boundary of the watershed of Kettle River and Christina Lake; thence
northerly along said watershed boundary to the point thereon which lies due East of the
southeast corner of Lot 968, Similkameen Division of Yale Land District; thence west to said
corner, thence northerly and westerly along the boundaries of Lot 968 to the easterly limit
of the right of way of the Columbia and Western Railway; thence northerly along said limit
to the westerly boundary of the watershed of the Arrow Lakes; thence northerly along said
boundary to the southerly boundary of Lot 4252, Osoyoos Division of Yale Land District;
thence easterly along said boundary of Lot 4252 to the southeast corner thereof; thence due
east to the meridian through the southeast corner of Lot 2151, Osoyoos Division of Yale Land
District; thence north to said corner; thence northerly along the easterly boundary of Lot
2151 to the northeast corner thereof; thence due North to the westerly boundary of the
watershed of the Arrow Lakes; thence northerly along said boundary and that of the watershed
of Columbia River to the southerly boundary of the watershed of Eagle River; thence westerly
along said boundary to the southerly boundary of Township 22, Range 7, west of the sixth
meridian; thence westerly along said boundary to the easterly boundary of Lot 497, Kamloops
Division of Yale Land District; thence northerly along the easterly boundary of Lot 497 to
the northeast corner thereof, being a point on the southerly bank of Eagle River; thence
westerly along the northerly boundary of Lot 497 to the westerly boundary of Township 22,
Range 7, west of the sixth meridian; thence northerly along the said westerly boundary of
said township to the northwesterly boundary of the watershed of Eagle River; thence
northeasterly along said boundary to the westerly boundary of the watershed of Columbia
River; thence northerly along said boundary to and along the westerly boundary of the
watershed of Canoe River to the point thereon which lies due East of the northeast corner of
Lot 3103, Kamloops Division of Yale Land District; thence west to said corner; thence
westerly along the northerly boundary of Lot 3103 and the southerly boundary of Lot 7383,
Cariboo Land District, to the southwest corner of Lot 7383; thence due West to the northerly
boundary of the watershed of North Thompson River; thence northwesterly along said boundary
and that of Clearwater River to the westerly boundary of the watershed of Clearwater River
above the mouth of Mahood River; thence southerly along said boundary to the point thereon
which lies due East of the northeast corner of Lillooet Land District, said corner being
940.46 m (forty-six and seventy-five hundredths chains), more or less, easterly from
Mile-post Sixty as set on the surveyed fifty-second parallel of the north latitude; thence
west to said corner; thence westerly along said parallel to the easterly boundary of Lot
85A; thence southerly, westerly, and northerly along the easterly, southerly and westerly
boundaries of Lot 85A to the surveyed fifty-second parallel; thence westerly along said
parallel to the easterly boundary of Lot 128; thence southerly, westerly and northerly along
the easterly, southerly and westerly boundaries of Lot 128 to the surveyed fifty-second
parallel; thence westerly along said surveyed parallel to the easterly boundary of Lot 539
all the lots herein above mentioned, beginning with Lot 7383, being in Cariboo Land
District; thence southerly, westerly and northerly along the easterly, southerly and
westerly boundaries of Lot 539 to the surveyed fifty-second parallel aforesaid; thence
westerly along said parallel to the intersection thereof with the surveyed one hundred
twenty-fourth meridian of west longitude; thence northerly along said surveyed meridian to
the fifty-second parallel; thence westerly along said parallel to the middle line of Tatla
Lake; thence southwesterly along said middle line to a point thereon due South of the
southwest corner of Lot 561, Range 3, Coast Land District; thence north to and northerly
along the westerly boundary of Lot 561 produced to the fifty-second parallel; thence
westerly along said parallel to the westerly boundary of the watershed of Charlotte Lake;
thence southerly along said boundary and the westerly boundary of the watershed of
Klinaklini Lake (crossing Klinaklini Lake at its outlet) to the westerly boundary of the
watershed of Mosley Creek; thence southerly along said boundary produced to the middle line
of Homathko River; thence northeasterly along said middle line to the point thereon closest
to the left bank of Doran Creek; thence to and southeasterly along the westerly boundary of
the watershed of Doran Creek to and easterly along the easterly boundary of the watershed of
Homathko River to the westerly boundary of the watershed of Chilko Lake, being a point on
the Cascade Mountains, as defined by the
Interpretation
Act ; thence southerly along the Cascade Mountains to the easterly
boundary of the watershed of the streams flowing westerly and southerly into Toba and Jervis
Inlets and into Howe Sound; thence southeasterly along said boundary to the northerly
boundary of the watershed of Soo River; thence easterly along said boundary to the point of
intersection thereof with the line drawn N. 45° W. from the post set by survey and
purporting to mark the parallel of north latitude of 50° 14' about 160.93 m (eight chains)
west of Soo River; thence S. 451 E. to said post; thence east to the easterly boundary of
the watershed of Green River; thence southerly along said boundary to the northerly boundary
of the watershed of Billygoat Creek; thence southeasterly along said boundary to the point
thereon which lies due West of the northwest corner of Lot 5536, Group 1, New Westminster
Land District; thence east to said corner; thence easterly along the northerly boundary of
Lot 5536 to the northeast corner thereof; thence due East to the Cascade Mountains
aforesaid; thence southerly along the Cascade Mountains to the southerly boundary of the
Province; thence easterly along said boundary to the point of commencement.
Nelson Land Title District
All that portion of the Province of British Columbia which is contained within
the following boundaries:
Commencing at the point of intersection of the southerly boundary of the Province
with the easterly boundary of the watershed of Kettle River and Christina Lake; thence
northerly along said watershed boundary to the point thereon which lies due East of the
southeast corner of Lot 968, Similkameen Division of Yale Land District; thence west to said
corner; thence northerly and westerly along the boundaries of Lot 968 to the easterly limit
of the right of way of the Columbia and Western Railway; thence northerly along said limit
to the westerly boundary of the watershed of the Arrow Lakes; thence northerly along said
boundary to the southerly boundary of Lot 4252, Osoyoos Division of Yale Land District;
thence easterly along said boundary of Lot 4252 to the southeast corner thereof; thence due
East to the meridian through the southeast corner of Lot 2151, Osoyoos Division of Yale Land
District; thence north to said corner; thence northerly along the easterly boundary of Lot
2151 to the northeast corner thereof; thence due North to the westerly boundary of the
watershed of the Arrow Lakes; thence northerly along said boundary and that of the watershed
of Columbia River to the southerly boundary of the watershed of Eagle River; thence westerly
along said boundary to the southerly boundary of Township 22, Range 7, west of the sixth
meridian; thence westerly along said boundary to the easterly boundary of Lot 497, Kamloops
Division of Yale Land District; thence northerly along the easterly boundary of Lot 497 to
the northeast corner thereof, being a point on the southerly bank of Eagle River; thence
westerly along the northerly boundary of Lot 497 to the westerly boundary of Township 22;
thence northerly along the westerly boundary of said township to the northwesterly boundary
of the watershed of Eagle River; thence northeasterly along said boundary to the westerly
boundary of the watershed of Columbia River; thence northerly along said boundary to the
southerly boundary of the watershed of Foster Creek; thence easterly along said boundary to
Canoe River and continuing easterly across Canoe River to and along the southerly boundaries
of the watersheds of Baker Creek and Hugh Allan Creek to the easterly boundary of the
Province; thence in a southeasterly direction along said Provincial boundary to the
southeast corner of the Province; thence westerly along the southerly boundary of the
Province to the point of commencement.
New Westminster Land Title District
All that portion of the Province which is contained within the following
boundaries:
Commencing at the point of intersection of the Cascade Mountains, as defined by
the
Interpretation Act with the southerly boundary of the
Province; thence westerly along said boundary to the middle line of the Strait of Georgia;
thence northwesterly along said middle line to the point thereon which lies due West of the
most northerly corner of Lot 5740, Group 1, New Westminster Land District; thence east to
said corner; thence southeasterly in a straight line to the most westerly corner of Lot
5586; thence southeasterly along the southwesterly boundaries of Lots 5586, 5548, and 5547
to the most southerly corner of Lot 5547; thence southeasterly in a straight line to that
point which lies 247.32 m (nine hundred feet) due South from the southeast corner of
Musqueam Indian Reserve No. 2, being a point in the North Fork of the North Arm of the
Fraser River; thence in a general southeasterly direction in said North Fork [passing to the
South of Deering Island (Lot 306), Stewart Island (Lot 308), and Cowan Island (Lot 307), and
to the north of Iona Island (Lot 236), Woods Island (Lot 309), and Richmond Island] and
continuing easterly to and along the middle line of said North Arm to the southerly
prolongation of the westerly boundary of Lot 311; thence northerly along said prolongation
to the line drawn parallel to and at a perpendicular distance of 60.96 m (two hundred feet)
measured southerly from low-water mark of the northerly shore of said North Arm; thence
easterly along said mark of the northerly shore of said North Arm; thence easterly along
said line [but passing to the south of Rowling Island (Lot 2100) and along the middle line
of the waterway separating Mitchell Island (Lot 527) from the northerly shore of said North
Arm] to the southerly prolongation of the easterly boundary of Lot 331; thence northerly
along said prolongation to and along said easterly boundary and the easterly boundaries of
Lots 335, 339, 49, 36, and of the Hastings Townsite produced to the middle line of Burrard
Inlet; thence easterly along said middle line to the southerly prolongation of the middle
line of Indian Arm; thence northerly along said prolongation and said middle line and that
of Indian River (passing to the east of Lot 177 and Croker Island and to the west of Boulder
and Racoon Islands) to that point on said middle line of Indian River which lies due East of
the southeast corner of Lot 2029; thence due East to the easterly boundary of the watershed
of the Indian River; thence northerly along said boundary and that of the watershed of the
Mamquam, Cheakamus and Green Rivers to the northerly boundary of the watershed of Billygoat
Creek; thence southeasterly along said boundary to the point thereon which lies due West of
the northwest corner of Lot 5536, Group 1, New Westminster Land District; thence east to
said corner; thence easterly along the northerly boundary of Lot 5536 to the northeast
corner thereof; thence due east to the Cascade Mountains aforesaid; thence southerly along
the Cascade Mountains to the southerly boundary of the Province; thence westerly along said
boundary to the point of commencement all the lots herein above mentioned being in Group 1,
New Westminster Land District.
Prince George Land Title District
All that portion of the Province of British Columbia which is contained within
the following boundaries:
Commencing at the point of intersection of the southerly boundary of the
watershed of Hugh Allan Creek with the easterly boundary of the Province of British
Columbia; thence northerly and westerly along the easterly and northerly boundaries of the
Province to the one hundred and twenty-sixth meridian of west longitude; thence south along
said meridian to the northerly boundary of the watershed of Peace River; thence westerly,
southerly and southeasterly along the westerly boundary of the watershed of the Peace River
to the point thereon which lies due North of Mile-post Thirty-four as set on the fifty-fifth
parallel of north latitude as established by survey upon the ground; thence south to said
mile-post; thence easterly along said parallel to the one hundred and twenty-fourth meridian
of west longitude as defined by survey upon the ground; thence southerly along said meridian
to the northerly boundary of Lot 3166, Cariboo Land District; thence westerly along the
northerly boundary of Lot 3166 to the northwest corner thereof; thence southerly along the
westerly boundaries of Lots 3166, 3165, 3164, 3163, 3174R and 3179R, all of Cariboo Land
District, to the southwest corner of Lot 3179R; thence easterly along the southerly boundary
of Lot 3179R to the surveyed one hundred and twenty-fourth meridian; thence southerly along
said meridian to the northerly boundary of Lot 4036, Range 5, Coast Land District; thence
easterly along the northerly boundaries of Lots 4036 and 4039 to the northeast corner of Lot
4039; thence southerly along the easterly boundaries of Lots 4039, 4038, 4040, 2951, 2953,
2830, 2823, 2803 and 2790 to the southeast corner of Lot 2790 and continuing southerly
across Stuart River to and along the easterly boundary of Lot 2787 to the southeast corner
thereof; thence westerly along the southerly boundary of Lot 2787 to the southwest corner
thereof; thence due West to the surveyed one hundred and twenty-fourth meridian; thence
southerly along said meridian to the northerly boundary of Township 11; thence easterly
along said boundary and that of Township 10 to the northeast corner of Township 10 all the
lots and townships herein above mentioned, beginning with Lot 4036 and Township 11, being in
Range 5, Coast Land District; thence southerly along the easterly boundaries of said
Township 10 and of Townships 1 and 8, Range 4, Coast Land District, to the southeast corner
of Township 8; thence westerly along the theoretical south boundaries of Township 8 and of
Township 7, Range 4, Coast Land District, to the surveyed one hundred and twenty-fourth
meridian; thence southerly along said meridian to the northerly boundary of Lot 9463,
Cariboo Land District; thence westerly and southerly along the boundaries of Lot 9463 to the
southwest corner thereof, being a point on the northerly shore of Batnuni Lake, and
continuing southerly in a straight line across said lake to the northwest corner of Lot
9464, Cariboo Land District; thence southerly and easterly along the boundaries of Lot 9464
to the surveyed one hundred and twenty-fourth meridian; thence southerly along said meridian
to the fifty-third parallel of north latitude as established by survey upon the ground;
thence westerly along said parallel to Mile-post Ninety-three as set thereon; thence due
West to the Cascade Mountains, as defined by the
Interpretation
Act , thence southeasterly along the Cascade Mountains to the
northerly boundary of the watershed of Charlotte Lake; thence westerly along the northerly
boundary of said watershed to the westerly boundary thereof; thence southerly along said
boundary (crossing Charlotte Lake at its outlet) to the fifty-second parallel of north
latitude; thence east along said parallel to the point thereon which lies due North of the
northwest corner of Lot 561, Range 3, Coast Land District; thence south to said corner;
thence southerly along the westerly boundary of Lot 561 produced to the middle line of Tatla
Lake; thence northeasterly along said middle line to the fifty-second parallel; thence east
along said parallel to the surveyed one hundred and twenty-fourth meridian; thence southerly
along said surveyed meridian to the surveyed fifty-second parallel of north latitude; thence
easterly along said parallel to the westerly boundary of Lot 539, Cariboo Land District;
thence southerly, easterly, and northerly along the boundaries of Lot 539 to the surveyed
fifty-second parallel; thence easterly along said parallel to the westerly boundary of Lot
128; thence southerly, easterly and northerly along the boundaries of Lot 128 to the
surveyed fifty-second parallel; thence easterly along said parallel to the westerly boundary
of Lot 85A; thence southerly, easterly and northerly along the boundaries of Lot 85A to the
surveyed fifty-second parallel; thence easterly along said parallel to the easterly
extremity thereof; thence due East to the westerly boundary of the watershed of the streams
flowing into Clearwater River above the mouth of Mahood River; thence northerly, easterly
and southerly along the westerly, northerly, and easterly boundaries of the watershed of
Clearwater River to the northerly boundary of the watershed of North Thompson River; thence
easterly along said northerly boundary to the nearest point thereon due West of the
southwest corner of Lot 7383, Cariboo Land District; thence east to said corner; thence
easterly along the southerly boundary of said lot and the northerly boundary of Lot 3103,
Kamloops Divison of Yale Land District, to the northeast corner of Lot 3103; thence due East
to the westerly boundary of the watershed of Canoe River; thence southerly along said
boundary to the southerly boundary of the watershed of Foster Creek; thence easterly along
said boundary to Canoe River and continuing easterly across Canoe River to and along the
southerly boundary of the watershed of Baker Creek and that of Hugh Allan Creek to the point
of commencement.
Prince Rupert Land Title District
All that portion of the Province of British Columbia which is contained within
the following boundaries:
Commencing at the northwest corner of the Province; thence in a southeasterly
direction along the westerly boundary of the Province to the fifty-first parallel of north
latitude; thence northerly in a straight line to the point of junction of the southerly
prolongation of the middle lines of Milbanke Sound and Hecate Strait; thence northeasterly
to and along the middle lines of Milbanke Sound, Finlayson Channel and Oscar Passage and
continuing easterly across Mathieson Channel to and along the middle line of Salmon Bay to
the head of said bay; thence due East to the easterly boundary of the watershed of Mathieson
Channel; thence north easterly along said boundary and that of the watershed of Gardner
Canal to the Cascade Mountains, as defined by the
Interpretation
Act ; thence southeasterly along the Cascade Mountains to the first
point thereon which lies due West of Mile-post Ninety-three set on the fifty-third parallel
of north latitude as established by survey upon the ground; thence east to said mile-post;
thence easterly along said parallel to the one hundred and twenty-fourth meridian of west
longitude as defined by survey; thence northerly along said meridian to the southerly
boundary of Lot 9464, Cariboo Land District; thence westerly and northerly along the
boundaries of Lot 9464 to the northwest corner thereof, being a point on the southerly shore
of Batnuni Lake; thence northerly in a straight line across said lake to the southwest
corner of Lot 9463, Cariboo Land District; thence northerly and easterly along the
boundaries of Lot 9463 to the surveyed one hundred and twenty-fourth meridian; thence
northerly along said meridian to the theoretical south boundary of Township 7, Range 4,
Coast Land District; thence easterly along the south boundary of Township 7 and that of
Township 8, Range 4, Coast Land District, to the southeast corner of Township 8; thence
northerly along the easterly boundaries of Townships 8 and 1, Range 4, Coast Land District,
and of Township 10, Range 5, Coast Land District, to the northeast corner of Township 10;
thence westerly along the northerly boundaries of Townships 10 and 11 to the surveyed one
hundred and twenty-fourth meridian; thence northerly along said meridian to the point
thereon which lies due West of the southwest corner of Lot 2787, Range 5, Coast Land
District; thence east to said corner; thence easterly along the southerly boundary of Lot
2787 to the southeast corner thereof; thence northerly along the easterly boundary of Lot
2787 to the northeast corner thereof and continuing northerly across Stuart River to and
along the easterly boundaries of Lots 2790, 2803, 2823, 2830, 2953, 2951, 4040, 4038 and
4039 to the northeast corner of Lot 4039; thence westerly along the northerly boundaries of
Lots 4039 and 4036 to the surveyed one hundred and twenty-fourth meridian all the townships
and lots herein above mentioned, beginning with Township 10 and Lot 2787, being in Range 5,
Coast Land District; thence northerly along said meridian to the southerly boundary of Lot
3179R, Cariboo Land District; thence westerly along said boundary of Lot 3179R to the
southwest corner thereof; thence northerly along the westerly boundaries of Lots 3179R,
3174R, 3163, 3164, 3165 and 3166, all of Cariboo Land District, to the northwest corner of
Lot 3166; thence easterly along the northerly boundary of Lot 3166 to the surveyed one
hundred and twenty-fourth meridian; thence northerly along said meridian to the fifty-fifth
parallel of north latitude as defined by survey upon the ground; thence westerly along said
parallel to Mile-post Thirty-four as set thereon; thence due North to the southwesterly
boundary of the watershed of the Peace River; thence northwesterly, northerly and easterly
along the boundary of the watershed of the Peace River to the one hundred and twenty-sixth
meridian of west longitude; thence north along said meridian to the northerly boundary of
the Province; thence westerly along said boundary to the point of
commencement.
Vancouver Land Title District
All that portion of the Province of British Columbia which is contained within
the following boundaries:
Commencing at that point on the middle line of the Strait of Georgia which lies
due West of the most northerly corner of Lot 5740, Group 1, New Westminster Land District;
thence east to said corner; thence southeasterly in a straight line to the most westerly
corner of Lot 5586; thence southeasterly along the southwesterly boundaries of Lots 5586,
5548 and 5547 to the most southerly corner of Lot 5547; thence southeasterly in a straight
line to that point which lies 274.32 m (nine hundred feet) due south from the southeast
corner of Musqueam Indian Reserve No. 2, being a point in the North Fork of the North Arm of
the Fraser River; thence in a general southeasterly direction in said North Fork [passing to
the south of Deering Island (Lot 306), Stewart Island (Lot 308), and Cowan Island (Lot 307),
and to the north of Iona Island (Lot 236), Woods Island (Lot 309), and Richmond Island] and
continuing easterly to and along the middle line of said North Arm to the southerly
prolongation of the westerly boundary of Lot 311; thence northerly along said prolongation
to the line drawn parallel to and at a perpendicular distance of 60.96 m (two hundred feet)
measured southerly from low-water mark of the northerly shore of said North Arm; thence
easterly along said line [but passing to the south of Rowling Island (Lot 2100) and along
the middle line of the waterway separating Mitchell Island (Lot 527) from the northerly
shore of said North Arm] to the southerly prolongation of the easterly boundary of Lot 331;
thence northerly along said prolongation to and along said easterly boundary and the
easterly boundaries of Lots 335, 339, 49, 36, and of the Hastings Townsite produced to the
middle line of Burrard Inlet; thence easterly along said middle line to the southerly
prolongation of the middle line of Indian Arm; thence northerly along said prolongation and
said middle line and that of Indian River (passing to the east of Lot 177 and Croker Island
and to the west of Boulder and Racoon Islands) to that point on said middle line of Indian
River which lies due East of the southeast corner of Lot 2029; thence due East to the
easterly boundary of the watershed of the Indian River; thence northerly along said boundary
and that of the watershed of the Mamquam, Cheakamus, and Green Rivers to the point thereon
which lies due East of the survey-post set about 160.93 m (eight chains) west of the Soo
River and purporting to mark the parallel of 50° 14'; thence west to said post; thence N.
45° W. to the northerly boundary of the watershed of Soo River; thence westerly along said
boundary to the easterly boundary of the watershed of the streams flowing westerly and
southerly into Howe Sound and Jervis Inlet; thence northwesterly along said boundary to the
southerly boundary of the watershed of Toba River; thence southwesterly along said boundary
and that of the watershed of the streams flowing northerly into Toba Inlet and continuing
southwesterly along the northerly boundary of the watershed of Daniels (West Fork of Powell)
River to the westerly boundary thereof; thence southerly along said boundary and the
easterly boundary of the watershed of Forbes Creek to the southerly boundary of the
watershed of Forbes Creek; thence westerly along said boundary to the easterly shore of
Homfray Channel; thence southwesterly along said shore to Bohn Point; thence due West to the
middle line of Homfray Channel; thence in a general northwesterly direction along said
middle line and middle lines of Pryce Channel and North Passage produced to the middle line
of Calm Channel; thence southerly along said middle line and the middle lines of Lewis
Channel and False Passage (passing to the west of Kinghorn Island and to the east of the
Powell Islands) produced to the middle line of the Strait of Georgia; thence southeasterly
along said middle line to the point thereon due east of the northerly end of Hornby Island;
thence in a straight line to the northerly end of the middle line of Sabine Channel; thence
southeasterly along said middle line (passing to the east of Jervis and Jedidiah Islands)
and the extension thereof to the point due East of the southerly end of Lasqueti Island;
thence due South to the middle line of the Strait of Georgia; thence southeasterly along
said middle line to the point of commencement all the lots herein above mentioned being in
Group 1, New Westminster District.
Victoria Land Title District
All that portion of the Province of British Columbia which is contained within
the following boundaries:
Commencing at the point of intersection of the middle line of Finlayson Channel
with the westerly prolongation of the middle line of Oscar Passage; thence easterly along
said prolongation and middle line and continuing easterly across Malthusian Channel to and
along the middle line of Salmon Bay to the head of said bay; thence due East to the easterly
boundary of the watershed of Mathieson Channel; thence northeasterly along said boundary and
that of the watershed of Gardner Canal to the Cascade Mountains, as defined by the
Interpretation Act ; thence southeasterly along the Cascade
Mountains to the northerly boundary of the watershed of Charlotte Lake; thence westerly
along the northerly boundary of said watershed to the westerly boundary thereof; thence
southerly along said boundary (crossing Charlotte Lake at its outlet) to the southwesterly
boundary of the watershed of Klinaklini Lake, thence southeasterly along said boundary
(crossing Klinaklini Lake at its outlet) to the westerly boundary of the watershed of Mosley
Creek; thence southerly along said boundary produced to the middle line of Homathko River;
thence northeasterly along said middle line to the point thereon closest to the left bank of
Doran Creek; thence to and southeasterly along the westerly boundary of the watershed of
Doran Creek to and easterly along the easterly boundary of the watershed of Homathko River
to the westerly boundary of the watershed of Chilko Lake, being a point on the Cascade
Mountains aforesaid; thence southerly along the Cascade Mountains to the southerly boundary
of the watershed of Toba River; thence southwesterly along said boundary and that of the
watershed of the streams flowing northerly into Toba Inlet and continuing southwesterly
along the northerly boundary of the watershed of Daniels (West Fork of Powell) River to the
westerly boundary thereof; thence southerly along said boundary and the easterly boundary of
the watershed of Forbes Creek to the southerly boundary of the watershed of Forbes Creek;
thence westerly along said boundary to the easterly shore of Homfray Channel; thence
southwesterly along said shore to Bohn Point; thence due West to the middle line of Homfray
Channel; thence in a general northwesterly direction along said middle line and the middle
lines of Pryce Channel and North Passage produced to the middle line of Calm Channel; thence
southerly along said middle line and the middle lines of Lewis Channel and False Passage
(passing to the west of Kinghorn Island and to the east of the Powell Islands) produced to
the middle line of the Strait of Georgia; thence southeasterly along said middle line to the
point thereon due East of the northerly end of Hornby Island; thence in a straight line to
the northerly end of the middle of Sabine Channel; thence southeasterly along said middle
line (passing to the east of Jervis and Jedidiah Islands) and the extension thereof to the
point due East of the southerly end of Lasqueti Island; thence due South to the middle line
of the Strait of Georgia; thence southeasterly along said middle line to the first point of
contact with the southerly boundary of the Province; thence southerly and westerly along
said southerly boundary and northwesterly along the westerly boundary of the Province to the
fifty-first parallel of north latitude; thence northerly in a straight line to the point of
juncture of the southerly prolongation of the middle lines of Milbanke Sound and Hecate
Strait; thence northeasterly to and along the middle lines of Milbanke Sound and Finlayson
Channel to the point of commencement.
Schedule B
Prescribed Standard Mortgage Terms
Mortgage Terms
Part 2
These mortgage terms are considered to be included in and form a part of every
mortgage which incorporates prescribed standard mortgage terms, either by an election in the
mortgage form or by operation of law.
Interpretation
In these mortgage terms:
borrower means the person or persons named in the
mortgage form as a borrower;
borrower mailing address means the postal address of the
borrower set out in the mortgage form or the most recent
postal address provided in a written notice given by the borrower to the
lender under these mortgage terms;
borrower's promises and agreements means any one or more of
the borrower 's obligations, promises and agreements contained in
this mortgage ;
court means a court or judge having jurisdiction in any
matter arising out of this mortgage ;
covenantor means a person who signs the mortgage
form as a covenantor;
default includes each of the events of default listed in
section 7
(1);
interest means interest at the interest rate
shown on the mortgage form ;
interest adjustment date means the interest adjustment date
shown on the mortgage form ;
interest calculation period means the period or periods for
the calculation of interest shown on the mortgage form ;
interest rate means the interest rate shown on the
mortgage form ;
land means all the borrower 's present and
future interest in the land described in the mortgage form including
every incidental right, benefit or privilege attaching to that land or running with it
and all buildings and improvements that are now or later constructed on or made to that
land;
lease means the leasehold interest, if any, of the
borrower referred to in the mortgage form ;
lender means the person or persons named in the
mortgage form as a lender and includes any person to whom the lender
transfers this mortgage ;
lender mailing address means the postal address shown on
the mortgage form or the most recent postal address provided in a written
notice given by the lender to the borrower under these
mortgage terms;
loan payment means the amount of each periodic payment
shown on the mortgage form ;
maturity date means the balance due date shown on the
mortgage form and is the date on which all unpaid mortgage
money becomes due and payable, or such earlier date on which the
lender can lawfully require payment of the mortgage
money ;
mortgage form means the instrument in the form approved as
a mortgage by the Director of Land Titles under the Land Title
Act and all schedules and addenda to the instrument;
mortgage money means the principal amount ,
interest and any other money owed by the borrower under
this mortgage , the payment of which is secured by this
mortgage ;
payment date means each payment date commencing on the
first payment date shown on the mortgage form ;
place of payment means the place of payment shown on the
mortgage form or any other place specified in a written notice given by
the lender to the borrower under these mortgage
terms;
principal amount means the amount of money shown as the
principal amount on the mortgage form as reduced by payments made by the
borrower from time to time, or increased by the advance or readvance of
money to the borrower by the lender from time to time, and
includes all money that is later added to the principal amount under these mortgage
terms;
receiver means a receiver or receiver manager appointed by
the lender under this mortgage ;
taxes means all taxes, rates and assessments of every kind
which are payable by any person in connection with this mortgage , the
land or its use and occupation, or arising out of any transaction
between the borrower and the lender , but does not include
the lender 's income tax;
this mortgage means the combination of the mortgage
form and these mortgage terms.
In this mortgage the singular includes the plural and vice
versa.
What this mortgage does
In return for the lender agreeing to lend the principal
amount to the borrower , the borrower grants and
mortgages the land to the lender as security for repayment
of the mortgage money and for performance of all the borrower's
promises and agreements .
If the interest mortgaged is described in the mortgage form as a
leasehold interest, the grant in subsection (1) shall be construed as a charge of the
unexpired term of the lease less the last month of that term.
This means that
this mortgage shall be a charge on the land, and
the borrower releases to the lender all the
borrower 's claim to the land until the
borrower has paid the mortgage money to the
lender , in accordance with these mortgage terms, and has performed
all of the borrower's promises and agreements .
The borrower may continue to remain in possession of the
land as long as the borrower performs all of the
borrower's promises and agreements .
When the borrower has paid the mortgage money and
performed all the borrower's promises and agreements under this
mortgage and the lender has no obligation to make any further
advances or readvances, the lender will no longer be entitled to enforce
any rights under this mortgage and the borrower will be
entitled, at the borrower 's cost, to receive a discharge of this
mortgage . The discharge must be signed by the lender and must
be registered by the borrower in the land title office to cancel the
registration of this mortgage against the land .
Interest
Interest is chargeable on the mortgage money and is payable by
the borrower .
Interest is not payable in advance. This means that
interest must be earned before it is payable.
Interest on advances or readvances of the principal amount
starts on the date and on the amount of each advance or readvance and accrues on the
principal amount until the borrower has paid all the
mortgage money .
Interest payable on any part of the principal amount
advanced before the interest adjustment date is due and payable to the
lender on the interest adjustment date .
At the end of each interest calculation period , unpaid accrued
interest will be added to the principal amount and bear
interest . This is known as compound interest.
Payment of the mortgage money
The borrower promises to pay the mortgage money to
the lender at the place of payment in accordance with the
payment provisions set out in the mortgage form and these mortgage
terms.
Promises of the borrower
The borrower promises
to pay all taxes when they are due and to send to the
lender at the place of payment , or at any other place
the lender requires, all notices of taxes which the
borrower receives,
if the lender requires the borrower to do so, to
pay to the lender
on each payment date the amount of money estimated by the
lender to be sufficient to permit the lender to pay
the taxes when they are due, and
any money in addition to the money already paid towards
taxes so that the lender will be able to pay the
taxes in full,
to apply for all government grants, assistance and rebates in respect of
taxes ,
ranks ahead of this mortgage ,
to keep all buildings and improvements which form part of the
land in good condition and to repair them as the
lender reasonably requires,
to sign any other document that the lender reasonably requires
to ensure that payment of the mortgage money is secured by this
mortgage or by any other document the borrower has agreed to
give as security,
not to do anything that has the effect of reducing the value of the
land ,
not to tear down any building or part of a building which forms part of the
land ,
not to make any alteration or improvement to any building which forms part of
the land without the written consent of the
lender ,
if the borrower has rented the land to a tenant,
to keep, if required by the lender , records of all rents received and
of all expenses paid by the borrower in connection with the
land and, at least annually, have a statement of revenue and expenses
for the land prepared by a professional accountant if the
lender requires and to give a copy of the statement to the
lender if the lender requires the
borrower to do so,
to insure and keep insured against the risk of fire and other risks and losses
that the lender asks the borrower to insure against,
with an insurance company licensed to do business in British Columbia, all buildings
and improvements on the land to their full insurable value on a replacement cost basis
and to pay all insurance premiums when due,
to send a copy of each insurance policy and renewal certificate to the
lender at the place of payment ,
to pay all of the lender 's costs, including legal fees on a
solicitor and client basis, to
prepare and register this mortgage , including all necessary
steps to advance and secure the mortgage money and to report to the
lender ,
collect the mortgage money ,
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enforce the terms of this mortgage , including efforts to
compel the borrower to perform the borrower's promises and
agreements ,
do anything which the borrower has promised to do but has not
done, and
prepare and give the borrower a discharge of this
mortgage when the borrower has paid all money due under
this mortgage and the borrower wants it to be
discharged,
if the lender requires the borrower to do so,
give the lender in each year post-dated cheques for all
loan payments due for that year and for taxes ,
and
arrange for all loan payments to be made by pre-authorized
chequing,
to pay any money which, if not paid, would result in a default under any
charge or encumbrance having priority over this mortgage or which might
result in the sale of the land if not paid, and
to pay and cause to be discharged any charges or encumbrances described in
subsection
(2) (
b) which are not prior encumbrances permitted by the
lender under this mortgage .
The borrower declares to the lender
that
the borrower owns the land and has the right to
mortgage the land to the lender ,
the borrower 's title to the land is subject only
those charges and encumbrances that are registered in the land title office
at the time the borrower signed the mortgage form ,
and
any unregistered charges and encumbrances that the lender has
agreed to in writing, and
subject to paragraph (b), the
borrower
has not given any other charge or encumbrance against the
land , and
has no knowledge of any other claim against the
land .
The insurance policy or policies required by subsection (1) (
k) shall contain
a mortgage clause approved by the lender that states that payment of any
loss shall be made to the lender at the place of payment
or any other place the lender requires and, if this
mortgage is not a first mortgage, the amount of any payment made by the
insurance company shall be paid to the borrower 's lenders in the order of
their priorities.
The borrower gives up any statutory right to require the
insurance proceeds to be applied in any particular manner.
Agreements between the borrower and the lender
The lender will use the money paid to the lender
under
section 5
(1) (
b) to pay taxes unless there is a
default in which case the lender may apply the money in
payment of the mortgage money .
By this mortgage the borrower grants and mortgages
any additional or greater interest in the land that the
borrower may later acquire.
Any money paid to the lender under this mortgage
shall,
prior to a default , be applied first in payment of
interest , secondly in payment of the principal amount
and thirdly in payment of all other money owed by the borrower under
this mortgage , and
after a default , be applied in any manner the
lender chooses.
The lender may at any reasonable time inspect the
land and any buildings and improvements which form part of
it.
If the lender takes possession of the land the
lender will not be responsible for maintaining and preserving the
land and need only account to the borrower for any money
which the lender actually receives in connection with this
mortgage or the land .
The lender may spend money to perform any of the
borrower's promises and agreements which the borrower
has not performed and any money so spent shall be added to the principal
amount , bear interest from the date that the money was so spent, and be
immediately due and payable to the lender .
If the borrower wants to give any notice to the
lender , the borrower must do so by having it delivered
to the lender personally or by sending it by registered or certified mail
to the lender mailing address or to any other address later specified in
writing by the lender to the borrower .
If the lender wants to give any notice to the
borrower , the lender must do so by having it delivered
to the borrower personally or by sending it by registered or certified
mail to the borrower mailing address or to any other address later
specified in writing by the borrower to the
lender .
Any notice sent by mail is considered to have been received 5 days after it is
mailed.
Any notice to be given by the borrower to the
lender or vice versa during a mail strike or disruption must be
delivered rather than sent by mail.
The borrower is not released from the borrower's promises
and agreements only because the borrower sells the
land .
If the borrower has mortgaged anything else to the
lender better to secure payment of the mortgage money ,
the lender may take all lawful proceedings under any of the mortgages in
any order that the lender chooses.
The lender does not have to advance or readvance the
principal amount or the rest or any further part of the
principal amount to the borrower unless the
lender wants to even though
the borrower has signed this
mortgage ,
this mortgage is registered in the land title office, or
the lender has advanced to the borrower part of
the principal amount .
The lender may deduct from any advance of the principal
amount
any taxes that are due,
any interest that is due and payable to the date of the
advance,
the legal fees and disbursements to prepare and register this
mortgage including other necessary steps to advance and secure the
mortgage money and to report to the lender ,
and
any insurance premium.
The lender 's right of consolidation applies to this
mortgage and to any other mortgages given by the borrower to
the lender . This means that if the borrower has mortgaged
other property to the lender the borrower will not have
the right, after default, to pay off this mortgage or any mortgage of
other property unless the borrower pays the lender all
money owed by the borrower under this mortgage and all of
the mortgages of other property.
Defaults
A default occurs under this mortgage if
the borrower breaks any of the borrower's promises and
agreements ,
the borrower breaks any promise or agreement which the
borrower has made to the lender in a mortgage of any
other land or other property or in any other agreement the
borrower has made with the lender even though the
borrower may not have broken any of the borrower's promises and
agreements ,
the borrower becomes bankrupt,
the land is abandoned or is left unoccupied for 30 or more
consecutive days,
the land or any part of it is expropriated,
the borrower sells or agrees to sell all or any part of the
land or if the borrower leases it or any part of it
without the prior written consent of the lender ,
the borrower gives another mortgage of the land
to someone other than the lender without the prior written consent of
the lender ,
the borrower does not discharge any judgment registered in the
land title office against the land within 30 days after receiving
notice of its registration, or
the borrower allows any claim of builders lien to remain
undischarged on title to the land for more than 30 days unless the
borrower
diligently disputes the validity of the claim by taking all necessary legal
steps to do so,
gives reasonable security to the lender to pay the claim in
full if it is found to be valid, and
iii
authorizes the lender to use the security to pay the lien in
full.
If a default occurs under this mortgage , it will
have the same effect as though a default had occurred under any other
mortgage or agreement between the borrower and the
lender .
Consequences of a default
If a default occurs, all the mortgage money then
owing to the lender will, if the lender chooses, at once
become due and payable.
If a default occurs the lender may, in any order
that the lender chooses, do any one or more of the following:
demand payment of all the mortgage money ;
sue the borrower for the amount of money due;
take proceedings and any other legal steps to compel the
borrower to keep the borrower's promises and
agreements ;
enter upon and take possession of the land ;
sell the land and other property by public auction or private
sale, or lease the land on terms decided by the
lender
on 30 days notice to the borrower if the
default has continued for 30 days, or
without notice to the borrower if the default
has continued for 60 days or more;
apply to the court for an order that the land
be sold on terms approved by the court ;
apply to the court to foreclose the borrower 's
interest in the land so that when the court makes its
final order of foreclosure the borrower 's interest in the
land will be absolutely vested in and belong to the
lender ;
appoint a receiver of the land ;
enter upon and take possession of the land without the
permission of anyone and make any arrangements the lender considers
necessary to
inspect, lease, collect rents or manage the land ,
complete the construction of any building on the land ,
iii
repair any building on the land ;
take whatever action is necessary to take, recover and keep possession of the
land .
Nothing in subsection (2) affects the jurisdiction of the
court .
If the lender sells the land by public auction or
by private sale the lender will use the amount received from the sale to
pay
any real estate agent's commission,
all adjustments usually made on the sale of land ,
all of the lender 's expenses and costs described in subsection
(6), and
the mortgage money
and will pay any surplus
according to an order of the court if the land
is sold by an order of the court , or
to the borrower if the land is sold other than
by an order of the court .
If the money available to pay the mortgage money after payment of
the commission, adjustments and expenses referred to in subsection (4) (
a) to (
c) is not
sufficient to pay all the mortgage money , the borrower
will pay to the lender on demand the amount of the deficiency.
The borrower will pay to the lender on demand all
expenses and costs incurred by the lender in enforcing this
mortgage . These expenses and costs include the lender 's cost of
taking and keeping possession of the land , the cost of the time and
services of the lender or the lender 's employees for so
doing, the lender 's legal fees and disbursements on a solicitor and
client basis, unless the court allows legal fees and disbursements be
paid on a different basis, and all other costs and expenses incurred by the
lender to protect the lender 's interest under
this mortgage . These expenses and costs will be added to the
principal amount , be payable on demand and bear interest
until they are fully paid.
If the lender obtains judgment against the
borrower as a result of a default , the remedies
described in subsection (2) may continue to be used by the lender to
compel the borrower to perform the borrower's promises and
agreements . The lender will continue to be entitled to receive
interest on the mortgage money until the judgment is
paid in full.
If the lender does not exercise any of the
lender 's rights on the happening of a default or does not
ask the borrower to cure it, the lender is not prevented
from later compelling the borrower to cure that default or
exercising any of those rights in connection with that default or any
later default of the same or any other kind.
Construction of buildings or improvements
The borrower will not construct, alter or add to any buildings or
improvements on the land without the prior written consent of the
lender , and then only in accordance with accepted construction
standards, building codes and municipal or government requirements and plans and
specifications approved by the lender .
If this mortgage is intended to finance any construction,
alteration or addition, the lender may make advances of the
principal amount to the borrower based on the progress
of construction. The lender will decide whether or not any advances will
be made, the amount of the advances, and when they will be made.
Leasehold mortgage
This
section applies if the interest mortgaged shown in the mortgage
form is or includes a leasehold interest.
The borrower represents to the lender
that
the lease is owned by the borrower subject only
to those charges and encumbrances that are registered in the land title office at the
time the borrower signs the mortgage form ,
the lease is in good standing,
the borrower has complied with all the borrower's
promises and agreements contained in the lease ,
the borrower has paid all rent that is due and payable under
the lease ,
the lease is not in default , and
the borrower has the right to mortgage the lease
to the lender .
The borrower will
comply with the lease and not do anything that would cause the
lease to be terminated,
immediately give to the lender a copy of any notice or request
received from the landlord,
immediately notify the lender if the landlord advises the
borrower of the landlord's intention to terminate the
lease before the term expires, and
sign any other document the lender requires to ensure that any
greater interest in the land that is acquired by the
borrower is charged by this mortgage .
Any default under the lease is a
default under this mortgage .
The borrower promises the lender that the
borrower will not, without first obtaining the written consent of the
lender ,
surrender or terminate the lease , or
agree to change the terms of the lease .
The lender may perform any promise or agreement of the
borrower under the lease .
Nothing done by the lender under this
section will make the
lender a mortgagee in possession.
Receiver
The borrower appoints both the lender and any
agent of the lender as the borrower 's attorney to appoint
a receiver of the land .
The lender or the lender 's agent may, if any
default happens, appoint a receiver of the
land and the receiver
will be the borrower 's agent and the borrower
will be solely responsible for the receiver 's acts or
omissions,
has power, either in the borrower 's name or in the name of the
lender , to demand, recover and receive income from the
land and start and carry on any action or court
proceeding to collect that income,
may give receipts for income which the receiver
receives,
may carry on any business which the borrower conducted on the
land ,
may lease or sublease the land or any part of it on terms and
conditions that the receiver chooses,
may complete the construction of or repair any building or improvement on the
land ,
may take possession of all or part of the land ,
may manage the land and maintain it in good
condition,
has the power to perform, in whole or in part, the borrower's promises
and agreements , and
has the power to do anything that, in the receiver 's opinion,
will maintain and preserve the land or will increase or preserve the
value or income potential of the land or the borrower 's
business on the land .
From income received the receiver may do any of the following in
any order the receiver chooses:
retain a commission of 5% of the gross income or any higher commission
approved by the court ;
retain enough money to pay or recover the cost to collect the income and to
cover other disbursements;
pay all taxes and the cost of maintaining the
land in good repair, completing the construction of any building or
improvement on the land , supplying goods, utilities and services to the
land and taking steps to preserve the land from damage
by weather, vandalism or any other cause;
pay any money that might, if not paid, result in a default
under any charge or encumbrance having priority over this mortgage or
that might result in the sale of the land if not paid;
pay taxes in connection with anything the
receiver is entitled to do under this
mortgage ;
pay interest to the lender that is due and
payable;
pay all or part of the principal amount to the
lender whether or not it is due and payable;
pay any other money owed by the borrower under this
mortgage ;
pay insurance premiums.
The receiver may borrow money for the purpose of doing anything
the receiver is authorized to do.
Any money borrowed by the receiver , and any
interest charged on that money and all the costs of borrowing, will be
added to and be part of the mortgage money .
A receiver appointed by the lender may be removed
by the lender and the lender may appoint another in the
receiver 's place.
The commission and disbursements of the receiver will be a charge
on the land and will bear interest at the interest
rate .
Nothing done by the receiver under this
section will make the
lender a mortgagee in possession.
Strata lot provisions
This
section applies if the land described in the mortgage form
is or becomes a strata lot created under the Condominium
Act .
The borrower will fulfill all of the borrower 's
obligations as a strata lot owner under the Condominium
Act and the bylaws, rules and regulations of the strata
corporation and will pay all money owed by the borrower to the strata
corporation.
The borrower gives to the lender the right to vote
for the borrower under the bylaws of the strata corporation, but the
lender is not required to do so or to attend or vote at any meeting or
to protect the borrower 's interest.
At the request of the lender , the borrower will
give the lender copies of all notices, financial statements and other
documents given by the strata corporation to the borrower .
The borrower appoints the lender to be the
borrower 's agent to inspect or obtain copies of any records or other
documents of the strata corporation that the borrower is entitled to
inspect or obtain.
If the strata corporation transfers, charges or adds to the common property, or
amends its bylaws without the consent of the lender , and if, in the
lender 's opinion, the value of the land is reduced, the
mortgage money shall, at the lender 's option,
immediately become due and payable to the lender on demand.
Nothing done by the lender under this
section will make the
lender a mortgagee in possession.
Subdivision
If the land is subdivided
this mortgage will charge each subdivided lot as security for payment
of all the mortgage money , and
the lender is not required to discharge this
mortgage as a charge on any of the subdivided lots unless all the
mortgage money is paid.
Even though the lender is not required to discharge any
subdivided lot from this mortgage , the lender may agree to
do so in return for payment of all or a part of the mortgage money . If
the lender discharges a subdivided lot, this mortgage will
continue to charge the subdivided lot or lots that have not been discharged.
Current and running account
If the mortgage form states that this mortgage
secures a current or running account, the lender may, on one or more
occasions, advance and readvance all or part of the principal amount and
this mortgage
will be security for payment of the principal amount as advanced
and readvanced and for all other money payable to the lender under
this mortgage ,
will not be considered to have been redeemed only because
the advances and readvances made to the borrower have been
repaid, or
the accounts of the borrower with the lender
cease to be in debit, and
remains effective security for further advances and readvances until the
borrower has received a discharge of this
mortgage .
Covenantor's promises and agreements
As the lender would not have agreed to lend the principal
amount to the borrower without the promises of the
covenantor and in consideration of the lender advancing
all or part of the principal amount to the borrower at the
request of the covenantor , the covenantor
promises
to pay all the mortgage money when due, and
to keep and perform all the borrower's promises and
agreements .
The covenantor agrees that, with or without notice, the following
shall in no way affect any of the promises of the covenantor or the
liability of the covenantor to the lender :
a discharge of the land or any part of the land
from this mortgage ;
any disregard or waiver of a default ;
the giving of extra time to the borrower to
do something that the borrower has agreed to do,
cure a default ;
any other dealing between the borrower and the
lender that concerns this mortgage or the
land .
All the covenantor 's promises shall be binding on the
covenantor until all the mortgage money is fully paid to
the lender .
The covenantor is a primary debtor to the same extent as if the
covenantor had signed this mortgage as a
borrower and is not merely a guarantor or a surety, and the
covenantor 's promises and agreements are joint and several with the
borrower's promises and agreements . This means that the
covenantor and the borrower are both liable to perform
all the borrower's promises and agreements .
If more than one person signs the mortgage form as
covenantor , the promises are both joint and several.
General
This mortgage binds the borrower and the
covenantor and their successors, executors, administrators and
assigns.
Each person who signs this mortgage as a borrower
is jointly and severally liable for all of the borrower's promises and
agreements as though each such borrower had been the only
borrower to sign.
If any part of this mortgage is not enforceable all other parts
will remain in effect and be enforceable against the borrower and any
covenantor .
Provisions relevant to the enactment of this regulation: Land Title
Act , R.S.B.C. 1996, c. 250, sections 4, 158, 227 and 232