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CMTF-i 3rd P Charge

This document is a land charge agreement between a borrower and RHB Islamic Bank Berhad for a commodity murabahah term financing facility to purchase a property. Key details: 1) The borrower charges the property described in the attached schedule to RHB Islamic as security for the financing facility. 2) The financing facility allows the borrower to obtain financing of up to a maximum amount to purchase the property, as outlined in the separate facility agreement. 3) The land charge secures repayment of the sale price, fees, and all other amounts owed by the borrower to RHB Islamic under the transaction documents.

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Alyssia Loh
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0% found this document useful (0 votes)
521 views36 pages

CMTF-i 3rd P Charge

This document is a land charge agreement between a borrower and RHB Islamic Bank Berhad for a commodity murabahah term financing facility to purchase a property. Key details: 1) The borrower charges the property described in the attached schedule to RHB Islamic as security for the financing facility. 2) The financing facility allows the borrower to obtain financing of up to a maximum amount to purchase the property, as outlined in the separate facility agreement. 3) The land charge secures repayment of the sale price, fees, and all other amounts owed by the borrower to RHB Islamic under the transaction documents.

Uploaded by

Alyssia Loh
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 36

RHB ISLAMIC Bank Berhad RHB Islamic Bank Berhad/Retail/ Land Charge (3rd Party)

200501003283 (680329-V) Incorporated in Malaysia Commodity Murabahah Term Financing-i for Home/Property

ANNEXURE
(CHARGE)
(3rd Party)

I/We, whose particulars are as described in Section 1A of the First Schedule hereto (“Chargor”) have this day
charged the property described in the Jadual above (Schedule of Form 16A) to RHB ISLAMIC BANK BERHAD
Company No. 200501003283 (680329-V), a company incorporated in Malaysia with it registered address at Level
10, Tower One, RHB Centre, Jalan Tun Razak, 50400 Kuala Lumpur and having a place of business in Malaysia as
stated in Section 2 of the First Schedule hereto (“Bank”) upon the terms and conditions herein contained.

ARTICLE 1
RECITALS

Section 1.1 PROPERTY

The Chargor is the registered proprietor of the Property (as defined herein).

Section 1.2 FINANCING FACILITY

By the Facility Agreement (as defined herein), the Bank has agreed to grant the Facility (as defined herein) to the
Customer upon the terms and conditions therein contained.

Section 1.3 EXECUTION OF CHARGE

By the terms of the Facility Agreement, the parties hereto have agreed that the Secured Amounts (as defined
herein) shall be secured by this Charge upon the terms and conditions herein contained.

ARTICLE 2
DEFINITIONS AND INTERPRETATION

Section 2.1 DEFINITIONS AND INTERPRETATION

2.1.1 Except where the context otherwise requires, or unless this Charge otherwise provides, all words and
expressions defined in the Facility Agreement when used or referred to in this Charge shall have the same
meaning as that provided for in the Facility Agreement.

2.1.2 Similarly, wherever applicable, the provisions of this Charge shall be interpreted in the same manner as
the provisions of the Facility Agreement would be interpreted.

2.1.3 In addition to those words and expressions already defined in the Facility Agreement, the following words
and expressions shall, unless the context otherwise requires, have the meaning respectively assigned to
them hereunder:

“Applicable whichever applicable, means the National Land Code, Sarawak Land Code
Acts” (Cap. 81), Sabah Land Ordinance (Cap. 68), the Land (Subsidiary Title)
Enactment, 1972, the Strata Titles Act, 1985, the Strata Titles Ordinance,
1995 and includes any statutory amendment or re-enactment of the
statutes.

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RHB ISLAMIC Bank Berhad RHB Islamic Bank Berhad/Retail/ Land Charge (3rd Party)
200501003283 (680329-V) Incorporated in Malaysia Commodity Murabahah Term Financing-i for Home/Property

“Bank” means RHB ISLAMIC BANK BERHAD Company No. 200501003283 (680329-
V), a company incorporated in Malaysia and having a place of business as
stated in Section 2 of the First Schedule hereto and includes its successors in
title and assigns.

“Charge” means the legal charge created under the Applicable Acts (in form and
substance acceptable to the Bank) over the Property executed or to be
executed by the Chargor in favour of the Bank and includes any
amendment(s) or variation(s) thereof and addition(s) thereto from time to
time executed supplemental thereto or in substitution thereof.

“Chargor” means the person named in Section 1A of the First Schedule hereto and
includes its/his/her heirs estate personal representatives successors in title
and permitted assigns.

“Compensation for Late Payment means the compensation for late payment (ta’widh) payable by the
(Ta’widh)” Customer in accordance with Clause 7.5 herein.

“Connected Parties” means as prescribed in the Bank Negara Malaysia Garis Panduan 6 (Revised)
“Guidelines on Credit Transactions and Exposures with Connected Parties”
which includes, inter alia, directors, controlling shareholders, executive
officers and credit officers and their close relatives.

“Customer” means the person named in Section 1B of the First Schedule hereto and
includes its/his/her heirs estate personal representatives successors in title
and permitted assigns.

“Facility” means the financing facility made or to be made available by the Bank to
the Customer of the type set out in Section 3 of the First Schedule hereto of
up to the maximum aggregate amount set out in Section 4 of the First
Schedule hereto.

“Facility Agreement” means the facility agreement made between the Bank and the Customer on
the date as stated in Section 5 of the First Schedule hereto, and includes,
where the context so permits, any amendment(s) or variation(s) thereof
and addition(s) thereto from time to time including any other instrument(s)
now or hereafter or from time to time executed supplemental thereto or in
substitution thereof.

“National Land Code” means the National Land Code, 1965 (Act 56 of 1965) of Peninsular
Malaysia and includes any statutory amendment or re-enactment thereof
and all subsidiary legislation enacted thereunder.

“Property” means all that land or property identified or described in the Jadual above
(Schedule of Form 16A) together with all buildings and fixtures on such land
or property.

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RHB ISLAMIC Bank Berhad RHB Islamic Bank Berhad/Retail/ Land Charge (3rd Party)
200501003283 (680329-V) Incorporated in Malaysia Commodity Murabahah Term Financing-i for Home/Property

“Sale and Purchase Agreement” means the sale and purchase agreement entered into by the Chargor to
purchase the Property from its owner which expression shall, where the
context so permits, include any amendment(s) or variation(s) thereof and
addition(s) thereto from time to time including any instrument(s) executed
or hereafter or from time to time executed supplemental thereto or in
substitution thereof).

“Secured Amounts” means the Sale Price (as defined in the Facility Agreement), the Brokerage
Fee (as defined in the Facility Agreement) and/or Redraw Maintenance Fee
(if applicable) (as defined in the Facility Agreement) (that are outstanding at
any particular time and/or any part thereof) and, all other amounts payable
by the Customer to the Bank under the Transaction Documents (whether in
connection with the Sale Price, fees, costs, expenses or otherwise
howsoever) and the Secured Amounts shall include any liability of the
Customer and/or the Security Party under the Transaction Documents.

“Security Interest” means any mortgage, charge, pledge, lien, assignment, hypothecation,
caveat, right of set off or any security interest whatsoever, howsoever
created or arising.

“Security Party” means the Customer and/or party or parties referred for the time being
providing security for the obligations and liabilities of the Customer
(including but not limited to the payment of the Secured Amounts) under
and in connection with the Facility.

“Shariah Principles” means the Islamic principles of banking and finance as adopted and
approved by the Shariah Committee of the Bank and the Shariah Advisory
Council of Bank Negara Malaysia under Section 51 of the Central Bank of
Malaysia Act 2009.

“Takaful Operators” means any takaful company or takaful provider duly approved by the Bank.

“Takaful Policy” means all certificates, policies and contracts of takaful of whatever nature
which are now, or may from time to time be taken out, with respect to the
Property and where applicable, all the certificates, policies and contracts of
takaful referred to in Section 5.1 hereof, or any one or more of them.

“Transaction Documents” collectively means:

(1) this Charge;


(2) the Facility Agreement;
(3) the Commodity Transaction Documents (as defined in the Facility
Agreement);
(4) the Redraw Commodity Transaction Documents (as defined in the
Facility Agreement);
(5) the Security Documents (as defined in the Facility Agreement); and

any other document or agreement designated as such by the Bank.

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RHB ISLAMIC Bank Berhad RHB Islamic Bank Berhad/Retail/ Land Charge (3rd Party)
200501003283 (680329-V) Incorporated in Malaysia Commodity Murabahah Term Financing-i for Home/Property

In this Charge, the term “prior written notice” means a prior written notice given by the Bank in accordance with
the time period and other requirements relating to such prior written notice as determined by Bank Negara
Malaysia from time to time.

Section 2.2 FACILITY AGREEMENT INCORPORATED INTO THIS CHARGE

All the provisions of the Facility Agreement are, whether repeated herein or not, incorporated into and form part
of this Charge and all representations, warranties and covenants made therein by the Customer shall be deemed
to have been made by the Chargor and references to the Customer in the Facility Agreement shall be read as if
they were references to the Chargor. Subject to such alterations or variations where necessary to make the
provisions of the Facility Agreement consistent with the provisions of this Charge, in the event of any conflict or
discrepancy between the provisions of the Facility Agreement and any of the provisions of this Charge, the
provisions of this Charge shall prevail for the purposes of interpretation and enforcement of this Charge.

ARTICLE 3
SECURITY

Section 3.1 CHARGE

As security for the Secured Amounts, the Chargor as registered proprietor hereby charges the Property to the
Bank by way of a fixed charge under the provisions of the Applicable Acts upon the terms and conditions herein
contained.

Section 3.2 COVENANT TO PAY

The Chargor hereby covenants with the Bank that the Chargor shall duly and punctually pay the Secured Amounts
to the Bank in the manner as set out in the Transaction Documents.

Section 3.3 CONTINUING SECURITY

3.3.1 The security herein provided is expressly intended to be and shall be a continuing security for all moneys
whatsoever now or hereafter and from time to time owing to the Bank by the Customer and/or the
Chargor whether alone or jointly and severally with another or others and whether as principal or surety
notwithstanding that the Customer and/or the Chargor may at any time cease to be indebted to the Bank
for any period or periods.

3.3.2 This Charge shall be without prejudice to any security already given by the Chargor to the Bank or any
security which may hereafter be given to the Bank whether the same be for securing the payment of the
Secured Amounts or whether it is taken as additional or collateral security otherwise howsoever.

Section 3.4 RESTRICTION AGAINST OTHER CHARGES

The Chargor hereby declares, covenants, warrants and undertakes that there is no mortgage, charge, pledge, lien
or Security Interest over the Property having priority to or of equal ranking in point of security with this Charge
which has not been disclosed to the Bank prior to this Charge and that:-

3.4.1 the Chargor shall not during the subsistence of this Charge without the prior consent in writing of the
Bank execute any form of charge, mortgage, debenture, pledge, lien or Security Interest or permit to exist
any caveat or prohibitory order or both in respect of the Property;

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RHB ISLAMIC Bank Berhad RHB Islamic Bank Berhad/Retail/ Land Charge (3rd Party)
200501003283 (680329-V) Incorporated in Malaysia Commodity Murabahah Term Financing-i for Home/Property

3.4.2 this Charge shall be without prejudice to and shall not operate so as to merge or otherwise affect any lien
or security already given by the Customer or the Chargor or any other security which may hereafter be
given to the Bank by the Customer or the Chargor or any other Security Party or to which the Bank is
entitled whether the same be for securing payment of the Secured Amounts and whether such security is
taken as additional or collateral security or otherwise howsoever.

Section 3.5 COVENANT TO PROVIDE FURTHER SECURITY

The Chargor shall at any time if and when required by the Bank to do so (with prior written notice to the
Chargor and by stating reasons in such written notice), execute in favour of the Bank or as the Bank shall direct
such legal or other mortgages, charges, assignments, transfers or agreements as the Bank shall require of and on
all the Chargor’s estate, right, title and interest in any property or assets or business belonging to the Chargor or
which may hereafter be acquired by the Chargor and the benefits of all licences held in connection therewith to
secure Secured Amounts and such mortgages, charges, assignments, transfers or agreements to be prepared by
or on the Bank’s behalf at the Chargor’s cost and to contain all such terms and conditions for the Bank’s benefit
as the Bank may require.

Section 3.6 FURTHER ASSURANCE

The Chargor shall from time to time and at any time, whether before or after the security hereby constituted shall
have become enforceable, execute and do all such transfers, assignments, assurances, acts and things as the Bank
may require for perfecting or further assuring the security intended to be hereby constituted and for facilitating
the realisation of the property hereby charged and the exercise by the Bank of all the powers, authorities and
discretions hereby conferred on the Bank and the Chargor shall also give all notices, orders and directions which
the Bank may think expedient. For such purposes a certificate in writing signed by or on behalf of the Bank to the
effect that any particular transfer, assignment, assurance, act or thing required by it is required by it shall be
conclusive evidence of the fact.

ARTICLE 4
COVENANTS IN RESPECT OF PROPERTY

Section 4.1 COVENANTS IN RESPECT OF PROPERTY

The Chargor further covenants and undertakes with the Bank that during the continuance of this Charge:-

4.1.1 Custody of Title Documents

Let the Bank have the custody or possession of the original issue document of title of the Property so long
as this Charge shall remain undischarged and the parties hereby agree that insofar as the law shall
permit, the application of Section 244(2) (dealing with custody of issue of document of title or duplicate
lease) of the National Land Code or the equivalent provision under the Applicable Acts (whichever
applicable) 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 governmental
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 nothing contained or expressed in the said
Section 244(2) (dealing with custody of issue of document of title or duplicate lease) of the National Land
Code or the equivalent provision under the Applicable Acts (whichever applicable) shall be construed as
or deemed to be consent by the Bank.

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RHB ISLAMIC Bank Berhad RHB Islamic Bank Berhad/Retail/ Land Charge (3rd Party)
200501003283 (680329-V) Incorporated in Malaysia Commodity Murabahah Term Financing-i for Home/Property

4.1.2 Payment of Outgoings

Punctually pay all existing current and future quit rent, rates, taxes and all outgoings whatsoever which
are now or any time hereafter be payable in connection with or arising out of the Property or of the
Chargor’s business and obtain all necessary licences and comply with all regulations relating to the
carrying on of such business and the Chargor shall produce to the Bank the receipts for all such payments
as aforesaid. In the event of the Chargor failing to pay any money herein covenanted to be paid, it shall
be lawful for but not obligatory upon the Bank to pay the same or any part thereof and all moneys
expended by the Bank shall be recoverable from the Chargor and shall be paid by the Chargor on demand
of the same being made by the Bank.

4.1.3 Repair and Maintenance

Keep or cause to keep the building now standing or that may hereafter be erected on the Property and all
fittings and fixtures therein in tenantable repair and condition and comply or cause to comply with all
notices and orders served on the Chargor or the Security Party by any competent or other public or local
authority in respect of repairs sanitary installation sewerage road-making or otherwise. The Chargor will
or cause to permit the Bank or its agents at all reasonable times of the day to enter (with prior written
notice to the Chargor) into or upon the Property and all buildings thereon to examine the state and
condition thereof and will forthwith repair and make good all defects and wants of reparation of which a
notice in writing shall be given to the Chargor by the Bank. In default whereof it shall be lawful for but
not obligatory upon the Bank and without being liable as a chargee in possession (except if such liability is
due to any error, omission, misrepresentation or negligence caused by the Bank) at any time to enter
(with prior written notice to the Chargor) upon the Property and to effect such repair as may be
necessary and all moneys expended by the Bank shall be recoverable from the Chargor and shall be paid
by the Chargor on demand of the same being made by the Bank.

4.1.4 Compliance with Title Conditions

Observe and comply with any conditions covenants restrictions and category of land use express or
implied, binding the Property or building erected or to be erected hereafter or otherwise howsoever in
respect of the Property and will not do or omit to do or suffer to be done or omitted any act matter or
thing in or in respect of the Property or any part thereof which shall contravene the provisions of any
statutory law and rules made thereunder now or hereafter affecting the same. In default whereof it shall
be lawful for but not obligatory for the Bank (with written notice to the Chargor) to take such steps and
measures necessary to ensure compliance and non-contravention by the Chargor of any statutory law
enactment by-laws and rules made thereunder now or hereafter affecting the Property and all monies
expended by the Bank shall be recoverable from the Chargor and shall be paid by the Chargor on
demand of the same being made by the Bank. The Chargor shall at all times hereafter indemnify and keep
indemnified the Bank against all claims, demands, actions, proceedings, costs and expenses in respect of
any such act matter or thing done or omitted to be done by the Chargor in contravention of such
provisions.

4.1.5 Information on Matters Affecting Security

Give to the Bank within seven (7) days of the receipt of the notice of the same full particulars of any
notice or proposal for a notice or order or proposal for an order given or issued or made to the Chargor in
respect of the Property or any part thereof by or on behalf of any planning local government public
health sanitary housing or other authority and produce such notice to the Bank and also shall without
delay and within the period prescribed by such notice take all reasonable and necessary steps to comply
with the provisions of such notice or order to safeguard and preserve the Property or any part thereof or

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RHB ISLAMIC Bank Berhad RHB Islamic Bank Berhad/Retail/ Land Charge (3rd Party)
200501003283 (680329-V) Incorporated in Malaysia Commodity Murabahah Term Financing-i for Home/Property

the title or ownership thereto and also may on the Chargor's own accord or shall at the request of the
Bank and at the Chargor's cost make or join with the Bank in making such objections or representations
against or for in respect of any such proposal or such notice or order as the Bank shall deem expedient.

4.1.6 Use of Building and Property

On receipt of a notice in writing from the Bank that in the opinion of the Bank any use by the Chargor of
the Property or any part thereof or any building thereon whether by reason of over-crowding or for any
other reason whatsoever is calculated to affect adversely the security of the Bank discontinue such use
forthwith.

4.1.7 Dealings with Security

Not sell, transfer, charge or otherwise howsoever deal with the Property or any part thereof or any
interest therein or make the same subject to any caveat burden charge encumbrance liability or lien
whatsoever or make any application for the surrender of the Property or any part thereof or any interest
therein or make any application for the alteration of the category of land use or for the imposition of any
fresh category of land use in respect of the Property or for the rescission removal or amendment of any
condition or restriction affecting the Property without the written consent of the Bank first had and
obtained.

4.1.8 Not Part with Possession

Not lease or create a tenancy or grant or allow to be leased or granted any licence or otherwise
howsoever part with or allow to be parted with the possession or make or accept or allow to be made or
accepted the surrender of any lease or tenancy whatsoever of or in respect of the Property or any
building or fixture thereof or any part thereof to any person firm or company without the consent in
writing of the Bank first had and obtained which consent may be given or refused either absolutely or on
such terms and conditions as the Bank deems fit.

4.1.9 Demolition of or Improvement on Building

Not alter, pull down, or remove any building or fixture now or at any time hereafter erected on or affixed
to the Property or any part thereof or erect make or maintain or suffer to be erected made or maintained
on the Property or any part thereof any additional building erection or improvement without the consent
in writing of the Bank first had and obtained and will forthwith replace or make good the same in the
event of such addition, alteration, pulling down or removal made without the Bank's consent. In the
event that the Bank shall give its consent, the Chargor shall duly apply for all necessary permissions as
required by law and will give the Bank immediate notice of such permissions if granted and the Chargor
will at all times indemnify and keep indemnified the Bank against all proceedings costs expenses claims
and demands whatsoever in respect of and arising out of any contravention by the Chargor of such
permission. Where it is intended that there is to be erected any building or buildings on the Property or
that the Facility is to be utilised for the purposes thereof, the Chargor shall complete the erection of such
building or buildings in accordance with the approved plans thereof or such competent authority or
authorities necessary for the obtaining of and shall obtain a Certificate of Fitness for Occupation not later
than such date as the Bank may stipulate.

4.1.10 Valuation

The Chargor hereby authorises the Bank to value the Property at such interval as the Bank shall in its
absolute discretion decide by any valuer or any officer of the Bank at the Bank's sole costs and expense to

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RHB ISLAMIC Bank Berhad RHB Islamic Bank Berhad/Retail/ Land Charge (3rd Party)
200501003283 (680329-V) Incorporated in Malaysia Commodity Murabahah Term Financing-i for Home/Property

determine the location, surroundings, conditions, usage and suitability of the Property, and in the event
such valuation reveals that the forced sale value of the Property is lower than that at the date hereof the
Bank shall have the absolute discretion (with prior written notice to the Chargor) to terminate the Facility
or to require the Chargor within fourteen (14) days from the date of such written notice from the Bank to
charge, pledge, mortgage or deposit with the Bank the Chargor's stocks and shares, assets, moveable
property and/or the issue document of title, if any, or all immoveable properties, whether in cash or
otherwise vested in the Chargor of such value as the Bank may from time to time require and for such
tenure as the Bank so requires by way of further and additional security for the repayment of the total
amount owing for the time being under this Charge.

4.1.11 Continuous Maintenance

In addition to and not in derogation of the agreements and stipulations implied, the 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 term of this security, the Chargor will continue to maintain the Property in a proper
and workmanlike manner and follow the methods of good maintenance and until this Charge be
fully satisfied and discharged the Bank shall at all reasonable times be at liberty (with prior
written notice to the Chargor) to enter upon the Property to view and inspect the state of
maintenance of the Property;

(b) the Bank shall be at liberty to employ a visiting agent or agents or any other person or persons
from time to time to enter (with prior written notice to the Chargor) into and inspect the
Property and into any building or structure now or at any time hereafter erected thereon and
may have access to any fixture thereon and to view and inspect the condition of repair thereof
and to make a report thereon at the costs and expenses of the Bank provided however that if the
Bank should enter and repair the same it shall not be liable as a chargee in possession, except if
such liability is due to any error, omission, misrepresentation or negligence caused by the Bank;

(c) during the term of this security the Chargor will keep the Property clean, weeded and free from
weeds and other undergrowth, in default whereof it shall be lawful for but not obligatory upon
the Bank (with written notice to the Chargor) to employ labourers, or workmen, for the purpose
of keeping the Property clean, weeded and free from weeds and other undergrowth PROVIDED
ALWAYS that nothing in this Section contained and no act of the Bank, its servants or agents
done, in pursuant of the provisions of this Section shall render the Bank liable as a chargee in
possession, except if such liability is due to any error, omission, misrepresentation or negligence
caused by the Bank, its servants or agents.

ARTICLE 5
TAKAFUL

Section 5.1 TAKAFUL ON PROPERTY

The Chargor shall have covered or caused to be covered under takaful the Property and any other property
charged or assigned or pledged or howsoever given as security to the Bank with the Takaful Operators against
loss or damage by fire explosion lightning tempest flood riot civil commotion strike and malicious acts and any
other risks as the Bank may from time to time require for its or their full takafulable value and in any event for a
sum acceptable to the Bank in the name of the Chargor with the Bank's interest as chargee and loss payee
endorsed on the Takaful Policies so taken out and shall have deposited with the Bank the original of the Takaful

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RHB ISLAMIC Bank Berhad RHB Islamic Bank Berhad/Retail/ Land Charge (3rd Party)
200501003283 (680329-V) Incorporated in Malaysia Commodity Murabahah Term Financing-i for Home/Property

Policies so taken out and the original of all receipts or evidence of payment of the current premium/contribution
payable thereon.

Section 5.2 MORTGAGE REDUCING TERM TAKAFUL/MORTGAGE LEVEL TERM TAKAFUL

The Chargor can choose to obtain a mortgage reducing term takaful/mortgage level term takaful or any other
plan/policy guaranteeing the payment of the Secured Amounts to be paid by the Chargor or to be financed by the
Bank from a takaful operator acceptable to the Bank with the interest of the Bank as loss payee endorsed on the
takaful policy so taken up and shall from time to time pay the premium/contribution thereon and deliver the
receipts for the same to the Bank.

If the Chargor decides to vary the coverage of or not to obtain the a mortgage reducing term takaful/mortgage
level term takaful before the Transaction Documents are drafted, the Chargor must then give a written letter of
awareness (in the form acceptable to the Bank) stating that the Chargor is fully aware of the consequences of
varying the coverage of or not obtaining the a mortgage reducing term takaful/mortgage level term takaful, and
that accordingly the Chargor will not hold the Bank responsible for anything that may happen to the Chargor
before the financing is fully settled.

Section 5.3 RESTRICTION AGAINST ADDITIONAL TAKAFUL

The Chargor shall not except at the request or with the consent in writing of the Bank effect or keep on foot any
takaful against any risk in respect of the Property, which the Bank has effected or has kept on foot such takaful.

Section 5.4 TERMS AND FORM OF TAKAFUL

Takaful Policies taken out or effected under this Charge shall be generally in form and upon terms acceptable to
the Bank and, without limitation, shall be subject to the following:-

5.4.1 Name covered under Takaful

All takaful shall be taken out in the name of the Chargor at the full takafulable value of the Property
against loss or damage by fire, lightning, tempest, flood, riot, civil commotion malicious acts and strike
and such other rides as the Bank may from time to time require and shall be expressly and specifically
assigned to and for the benefit of the Bank.

5.4.2 Takaful Operator and Terms

The Chargor shall place or cause to be placed Takaful Policies with a reputable takaful operator
acceptable to the Bank. All Takaful Policies shall be valued certificates/policies and shall provide that
they are payable in Ringgit Malaysia. Such certificates/policies shall provide that the cancellation of such
certificate/policy cannot be effected without prior written consent the Bank.

Section 5.5 BANK AS LOSS PAYEE

The Chargor shall cause the Bank as chargee and loss payee to be endorsed on the Takaful Policies so taken up
and shall deposit or cause to be deposited with the Bank the original copy of the policy or policies so taken out
together with the receipts or other evidence of payment of the current premium/contribution payable under
such policy or policies.

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RHB ISLAMIC Bank Berhad RHB Islamic Bank Berhad/Retail/ Land Charge (3rd Party)
200501003283 (680329-V) Incorporated in Malaysia Commodity Murabahah Term Financing-i for Home/Property

Section 5.6 EVIDENCE OF TAKAFUL

On the date of execution of this Charge or at such later date as the Bank may require, the Chargor shall furnish
the Bank with the originals of all Takaful Policies assigned hereunder and all binders and certified copies of cover
notes or other written evidence satisfactory to the Bank showing that the required takaful of each type has been
placed. No change shall be made in any of the Takaful Policies without the Bank's prior written consent. The
Chargor shall promptly furnish the Bank with the original copy of all policies assigned hereunder, cover notes and
certificates and renewals thereof.

Section 5.7 BANK'S RIGHT TO COLLECT PROCEEDS AND PAY TAKAFUL CONTRIBUTION

The Bank is hereby authorised but not required, in its own name or in the name of the Chargor to demand,
collect, give receipts for and prosecute all necessary actions in the courts to recover any and all takaful moneys
that may become due and payable under the Takaful Policies. If the Chargor at any time fails to comply with the
provisions stated in Sections 5.1 and/or 5.2 hereto or fails to pay or cause to be paid when due any takaful
contributions, calls or other costs related to obtaining or maintaining the takaful required hereunder or fails to
obtain any required takaful or to deliver to the Bank all policies, certificates, contracts of takaful, binders and
cover notes and all renewals thereof as required by the provisions of this Charge, the Bank may (with written
notice to the Chargor), but is not required to, procure such takaful or pay unpaid contributions, or both, and
other costs. All expenditure incurred thereby shall be for the account of the Chargor and shall be deemed to be
and form part of the Secured Amounts. All compensation payable hereunder shall be calculated and charged in
accordance with the provisions of the Facility Agreement.

Section 5.8 COMPLIANCE WITH TAKAFUL TERMS, LAWS, REGULATIONS, ETC.

The Chargor shall not do any act, allow or permit any act to be done (whether by omission or commission),
whereby the Takaful Policies may become void or voidable, or may become a ground of repudiation by the
Takaful Operator or allow the Property to be used in any manner not permitted under the Takaful Policies.

Section 5.9 APPLICATION OF TAKAFUL MONEY

The Bank may (with prior written notice to the Chargor) require any money received on any takaful relating to the
Property whether effected by the Bank 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 receivable or in or towards the discharge of the Secured
Amounts or if no moneys are for the time being owing by the Chargor to the Bank be paid into a cash collateral
account to be opened by the Chargor and to be maintained with the Bank or any financial institution as stipulated
by the Bank and the Chargor shall hold any money received on such takaful in trust for the Bank and the Bank
may receive and give a good discharge for any such moneys.

Section 5.10 WORKER'S COMPENSATION

The Chargor shall take out and maintain for such amount and with such takaful company as shall be approved by
the Bank a policy of takaful certificate/plan in respect of workmen's compensation for all employees of the
Chargor or alternatively comply with any law for the time being relating to the establishment of social security
schemes or benefits for employees.

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ARTICLE 6
GOVERNMENT ACQUISITION

Section 6.1 GOVERNMENT ACQUISITION

In the event that the Property 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 acquisition by government or any governmental
authority or any enquiry or proceedings in respect thereof or if any government or governmental authority shall
condemn, nationalise, seize or otherwise expropriate all or any substantial part of the property or other assets of
the Chargor or shall have assumed custody or control of such property or other assets or of the business or
operations of the Chargor or shall have taken any action for the liquidation of the Chargor or any action that
would prevent the Chargor or its officers from carrying on the operations of the Chargor the Chargor shall
forthwith inform the Bank of the same and shall forward to the Bank a copy or copies of any such notice
notification or declaration as soon as the same shall be delivered to or served on the Chargor.

Section 6.2 POWER TO ENGAGE ADVISERS

The Bank shall be entitled (with written notice to the Chargor) to engage such advisers and agents (including
solicitors and valuers) as it may think fit for the purpose of appearing or attending at or advising upon any enquiry
or proceedings affecting concerning or relating to any such acquisition, expropriation or any of the matters
referred to in Section 6.1 hereof at the expense of the Chargor.

Section 6.3 APPLICATION OF COMPENSATION MONEYS

All moneys received as or by way of compensation in respect of any of the matters referred to in Section 6.1
above shall be applied in or towards the discharge or payment of the Secured Amounts and any money or liability
secured by this Charge and the Chargor shall, and hereby declares that it will hold all such moneys if paid to and
received by it hereunder in trust for the Bank and the Chargor agrees and confirms that the Bank may receive and
give a good discharge for all such moneys.

ARTICLE 7
REMEDIES

Section 7.1 APPLICATION OF PROCEEDS

The amount realised by the Bank pursuant to Section 5.9 or Section 6.3 or on a sale of the Property under the
provisions of the Applicable Acts shall be applied in the manner provided in the Facility Agreement.

Section 7.2 DEFICIENCY IN PROCEEDS OF SALE

7.2.1 It is hereby expressly agreed and declared between the parties hereto that notwithstanding any other
provision herein contained in this Charge to the contrary, the Chargor shall be liable to pay to the Bank
(on demand) the difference between the amount due and the actual amount ultimately received by the
Bank pursuant to Sections 5.9 (Application of Takaful Money) and/or 6.3 (Application of Compensation
Moneys) above and/or upon a sale of the Property in the event that the actual amount ultimately
received by the Bank pursuant to Sections 5.9 and/or 6.3 and/or on a sale of the Property under Section
253 to 269 (dealing with remedies of chargee: sale) of the National Land Code or the equivalent
provisions under the Applicable Acts after deduction and payment from the proceeds so recovered or
realised or received of all fees (including but not limited to the Bank's solicitors fees on a solicitor and
client basis) dues costs rates taxes and other outgoings on the Property is less than the amount due to

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the Bank hereunder and under the Facility and notwithstanding whether or not the Bank is the purchaser
of the Property at such sale and until such payment will (notwithstanding any foreclosure proceedings
taken or sale made by the Bank) also pay profit (both before demand as well as after judgment and
irrespective of whether or not the banker and customer relationship exists or has been terminated) on
such difference at the Compensation for Late Payment (Ta’widh) up to the date such difference together
with all accrued compensation thereon is actually received in full by the Bank; AND

7.2.2 any compensation payable hereunder shall be calculated and charged in accordance with the provisions
of the Facility Agreement PROVIDED THAT nothing herein contained shall be construed as imposing any
obligation (whether at law or in equity) upon the Bank to exhaust its remedy to sell the Property before
commencing any separate action or before enforcing any other remedies or exercising any other rights
against the Customer or the Chargor or any Security Party AND the Chargor hereby irrevocably and
unconditionally agrees and consents to the Bank commencing separate proceedings, enforcing other
remedies and exercising any other rights which the Bank may have against the Customer or the Chargor
or any Security Party prior to or simultaneously with and without having exhausted its right to sell or to
proceed against the Property or to realise its security hereunder.

Section 7.3 VACANT POSSESSION

When the power of sale pursuant to the provisions of the Applicable Acts becomes exercisable by the Bank, the
Chargor hereby declares and agrees that the Chargor will deliver or cause the delivery of vacant possession of the
Property to the Bank or any person authorised by it immediately on receiving written demand in that behalf by
the Bank.

Section 7.4 INDEMNITY

In addition and without prejudice to the powers rights and remedies by these presents conferred, the Chargor
shall indemnify the Bank against any loss or expenses (including but not limited to legal expenses on a solicitor
and client basis) which the Bank may sustain or incur as a consequence of any default in payment by the Chargor
of any such sum due hereunder, including (but not limited to) any profit or compensation or fees paid or payable
on account of, or in respect of, any funds financed or deposits from third parties in order to maintain the amount
in default or in liquidating or re-employing such funds or deposits.

Section 7.5 COMPENSATION FOR LATE PAYMENT (TA’WIDH)

The Bank shall have the right (with written notice to the Chargor) to impose compensation for late payment
(ta’widh) as follows:

(a) for any failure by the Customer to pay any amount of the Monthly Payments on its due date, the Customer
and/or the Chargor shall pay compensation charges to the Bank on the overdue amount based on the
following formula or any other method approved by Bank Negara Malaysia:

Compensation Charges = Overdue Amount x 1% (Compensation Rate for Late Payment) x (No. of Days
Overdue/365).

(b) for any failure on by the Customer to pay any amount overdue and which failure continues beyond the
tenure of the Facility, the compensation rate that shall be applied is the Bank Negara Malaysia prevailing
Islamic Money Market Rate on the overdue amount or any other method approved by Bank Negara
Malaysia; and

(c) the amount of such compensation shall not be compounded.

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The compensation at the aforesaid rate shall be payable by the Customer and/or the Chargor after as well as
before any judgment or order of court.

Section 7.6 INVOLUNTARY LOSS

The Bank shall not be answerable for any involuntary loss happening in or about the exercise or execution of any
power conferred on the Bank by this Charge or by statute. In or about the exercise or execution of any power
conferred on the Bank by this Charge or by law, the Bank shall not be liable to the Chargor for any loss or
damages incurred or alleged to be incurred by the Chargor provided the Bank has acted in good faith, except if
such loss or damages are due to any error, omission, misrepresentation or negligence caused by the Bank.

Section 7.7 ENQUIRY BY THIRD PARTIES

No person dealing with the Bank or its attorney or agents shall be concerned to enquire whether the security
hereby constituted has become enforceable or whether the power exercised or purported to be exercised has
become exercisable or whether any moneys remain due upon the security of this Charge or to see to the
application of any money paid to the Bank or its attorneys or agents and in the absence of fraud on the part of
such person such dealing shall be deemed so far as regards the safety and protection of such person to be within
the powers hereby conferred and to be valid and effectual accordingly and the remedy of the Chargor in respect
of any irregularity or impropriety whatsoever in the exercise of such power shall be in damages only.

Section 7.8 STATUTORY NOTICE

(a) The Chargor hereby covenants and agrees to forthwith pay to the Bank on demand the Secured Amounts
failing which the Bank may, where such failure to pay has continued for a period of thirty (30) days or any
period as provided in the Applicable Acts, forthwith give the statutory notice pursuant to Section 254
(dealing with service of default notice and effect thereof) of the National Land Code or the equivalent
provisions under the Applicable Acts requiring the Chargor and/or the Customer to remedy the said
failure or refusal to pay within a period of seven (7) days calculated from the date such statutory notice is
deemed to have been served under the provisions contained herein.

(b) Without prejudice to the generality of Section 7.8(a) above, if the Chargor threatens to commit or
commits a breach of any of the terms contained in this Charge (other than the covenant or undertaking
for payment of moneys due under Section 7.8(a) above) and such breach has occurred and is continuing
for a period of thirty (30) days and if such breach is, in the opinion of the Bank capable of remedy, it shall
be lawful for the Bank forthwith to give the statutory notice pursuant to Section 254 (dealing with service
default notice and effect thereof) of the National Land Code or the equivalent provision under the
Applicable Acts requiring the Chargor and/or the Customer to remedy the said breach within a period of
seven (7) days calculated from the date of such statutory notice is deemed to have been served under the
provisions contained herein.

If at the expiry of the period specified in such statutory notice the Chargor fails to remedy the breach specified
therein, the Bank may apply for an order for sale of the Property pursuant to the provisions of the Applicable
Acts.

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ARTICLE 8
REPRESENTATIONS AND WARRANTIES

Section 8.1 REPRESENTATIONS

8.1.1 The Chargor hereby represents and warrants to the Bank as follows:-

(a) Contractual Obligations: that this Charge when executed will constitute legal, valid and binding
obligations of the Chargor enforceable in accordance with its terms;

(b) Authorisations and Consents: that all acts, conditions and things which are required or advisable
to be done for or in connection with the execution, delivery, performance, legality or
enforceability of this Charge in accordance with its terms have been done, performed and have
happened in due and strict compliance with all applicable laws and regulations;

(c) Proceedings: that there are no proceedings current or pending before any court or to the
knowledge of the Chargor threatened against or affecting the Chargor and no pending
proceedings are before any government agency or administrative body or to the knowledge of
the Chargor threatened against the Chargor which if adversely determined would materially or
adversely affect the financial condition or operation of the Chargor or impair the right to carry on
the business of the Chargor substantially as now conducted or the ability of the Chargor to
discharge the Secured Amounts due hereunder or to perform its obligations under this Charge
and to the best of the knowledge and belief of the Chargor, the Chargor has complied with all
applicable statutes and regulations of all government authorities having jurisdiction over the
Chargor;

(d) Material Adverse Change: that there is no material adverse change in the financial condition,
operating environment, management of the Chargor or other conditions which will materially
affect the ability of the Chargor to perform the obligations of the Chargor under this Charge;

(e) Default of Sale and Purchase Agreement: that the Chargor is not in default of any terms of the
Sale and Purchase Agreement;

(f) Not in default: that the Chargor is not in default in the payment or performance of any of his
obligations for financed money, or in respect of other liabilities;

(g) Financial statements: that the financial statements of the Chargor (if applicable) which has
previously been submitted by the Chargor to the Bank are complete and correct and fairly
represent the financial condition of the Chargor and the results of the operations of the Chargor
(if applicable) for the period stated are in accordance with the generally accepted accounting
principles applied on a consistent basis;

(h) Legal and beneficial owner of the Property: that the Chargor is the legal and beneficial owner of
the Property by virtue of the Sale and Purchase Agreement;

(i) Information correct: that the information furnished by the Chargor in connection with the Facility
do not contain any untrue statement or omit to state any fact and all expressions of expectation,
intention, belief and opinion and all projections contained therein were honestly made on
reasonable grounds after due and careful enquiry;

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(j) Where the Chargor is a Limited Company or other Corporation:-

(i) Status: that the Chargor is a company duly incorporated with limited liability and validly
existing under the laws of Malaysia and has full power and authority to own assets and to
carry on the business which it conducts and/or proposes to conduct;

(ii) Powers: that the execution, delivery and performance of this Charge by the Chargor: (A)
is or will when executed be within the corporate powers of the Chargor, (B) has been
duly authorised by all necessary governmental approvals, and (C) does not or will not
contravene (aa) any law or any contractual restriction or regulation or any order or
decree of any governmental authority, agency or court binding on the Chargor or (bb)
any provision of its Memorandum and Articles of Association;

(iii) Dissolution: no steps have been taken or are being taken to appoint a receiver or a
receiver and manager or liquidator to take over or wind-up the Chargor.

(k) Where the Chargor is an Individual or a Sole Proprietor of a business:-

(i) Status: that the Chargor has the power or capacity to execute, deliver and perform the
terms of this Charge;

(ii) Powers: that the execution, delivery and performance of this Charge by the Chargor: (A)
has been duly authorised by all necessary governmental approvals, and (B) does not or
will not contravene any law or any contractual restriction or regulation or any order or
decree of any governmental authority, agency or court binding on the Chargor;

(iii) Bankruptcy: no bankruptcy proceedings have been commenced against the Chargor; and

(vi) Tax returns: that the Chargor has filed all tax returns which the Chargor is required by
law to file and has paid or made adequate provision for the payment of all taxes,
assessments, fees and other governmental charges assessed against him or upon any of
his properties or assets, income or franchise any of them;

(l) Others: such other warranties and representations as are set out in the Facility Agreement.

Section 8.2 REPETITION

The Chargor hereby acknowledges that the Bank has entered into this Charge on the basis of and in full reliance
of the above representations and warranties and the Chargor agrees covenants undertakes and confirms that
each of the representations and warranties contained in Section 8.1 above shall survive and continue to have full
force and effect after the execution of this Charge and the Chargor hereby warrants to the Bank that the above
representations and warranties will be true and correct and fully observed on each of the dates the proceeds of
the Facility are made available to the Customer until the Secured Amounts due hereunder have been discharged
and so long as the Facility remains available or any monies provided by the Bank to the Customer pursuant
thereto remain outstanding thereunder as if repeated then by reference to the then existing circumstances.

Section 8.3 SAVING OF BANK'S RIGHTS

The Bank's rights and remedies under this Section 8 in relation to any misrepresentation or breach of warranty
shall not be prejudiced by any investigation by or on behalf of the Bank into the affairs of the Chargor or by the

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execution or the performance of this Charge or by any other act or thing which may be done by or on behalf of
the Bank in connection with this Charge or which might, apart from the provisions of this Section 8, prejudice
such rights or remedies.

ARTICLE 9
MISCELLANEOUS

Section 9.1 TIME

Time shall be of the essence of this Charge but no failure or delay on the part of the Bank in exercising nor any
omission to exercise any right, power, privilege or remedy accruing to the Bank upon any default on the part of
the Chargor shall impair any such right, power, privilege or remedy or be construed as a waiver thereof or an
acquiescence to such default; nor shall any action by the Bank in respect of any default or acquiescence in any
such default, affect or impair any right, power, privilege or remedy of the Bank in respect of any other or
subsequent default.

Section 9.2 CHANGES IN THE CONSTITUTION OF THE BANK, THE CUSTOMER, THE CHARGOR OR THE
SECURITY PARTY

9.2.1 This Charge shall remain in full force and effect notwithstanding any change in *the constitution of the
Chargor or any Security Party (where applicable).

9.2.2 This Charge shall continue to bind the Chargor and the Security Party
(a) notwithstanding any amalgamation or merger that may be effected by the Bank with any other
company or companies; and
(b) notwithstanding any reconstruction by the Bank involving the formation of and transfer of the
whole or any part of its undertaking and assets to a new company; and
(c) notwithstanding the sale and transfer of the whole or any part of the undertaking and assets of
the Bank to another company;

whether the company or companies with which the Bank may amalgamate or merge or the company to
which the Bank may transfer the whole or any part of its undertaking and assets either on a
reconstruction or sale or transfer as stated above shall or shall not differ from the Bank in their or its
objects, character or constitution.

9.2.3 Chargor and the Security Party agree that this Charge shall remain valid and effectual in all respects in
favour of, against and with reference to, and that the benefit of this Charge and all rights conferred upon
the Bank by this Charge may be assigned to and enforced by, any such company or companies as set out
in sub-clause 9.2.2 above and proceeded on in the same manner to all intents and purposes as if such
company or companies as set out in sub-clause 9.2.2 had been named in this Charge instead of and/or in
addition to the Bank.

9.2.3 The security, liabilities and/or obligations created by this Charge shall continue to be valid and binding for
all purposes whatsoever notwithstanding:
(a) in the case of the Chargor or the Security Party being an individual, the Chargor’s or the Security
Party’s death, bankruptcy, mental incapacity: or
(b) in the case of the Chargor or the Security Party being a firm, by reason of a change in the
membership of a firm (whether by death, resignation, admission of new partners or otherwise):
or

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(c) in the case of the Chargor or the Security Party being a corporation, the Chargor’s or the Security
Party’s change in name or style or by amalgamation, liquidation, reconstruction or otherwise
howsoever in the constitution of the Chargor or the Security Party:

and it is expressly declared that no change of any sort whatsoever in relation to or affecting the Chargor
or the Security Party or the Bank shall in any way affect the security, liabilities and/or obligations created
hereunder in relation to any transaction whatsoever whether past, present or future.

Section 9.3 SUCCESSORS BOUND

This Charge shall be binding upon the heirs estate personal representatives and successors in title of the Chargor
and on the successors in title and permitted assigns of the Bank.

Section 9.4 TRANSFER OF SECURITY

9.4.1 The Bank may at any time transfer, sell, participate in secondary debt markets or assign all or any part of
its rights, benefits and obligations under this Charge and/or securities by assigning to any other person(s)
all or any part of the Bank's rights and benefits under this Charge or any securities by notice to the
Chargor, as long as such assignment or such transfer is not detrimental to the rights and obligations of
the Customer under the Facility Agreement, this Charge and/or the Transaction Documents, the Bank
may disclose to such potential assignee such information about the Facility, the Chargor, its financial
condition and the Transaction Documents.

9.4.2 All costs and expenses of the Bank and of the transferee of and incidental to such transfer shall be borne
by the Bank and any statement or recital in the documents of transfer of the amount then due to the
Bank under and by virtue of this Charge shall be accepted as correct until proven otherwise that such
amount is in fact due and shall be conclusive and binding on the Chargor.

9.4.3 The Chargor shall not assign any of its rights or obligations pursuant to this Charge without obtaining the
prior written consent of the Bank.

Section 9.5 STAMP DUTIES AND REGISTRATION FEES

The Chargor shall pay all stamp duties, fees 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 any documents
related thereto and shall reimburse the Bank for any such duties, fees or other charges paid by the Bank.

Section 9.6 COSTS

Notwithstanding that the Facility may be cancelled or aborted for any reason whatsoever, the Chargor shall be
liable (on written demand by the Bank) to pay all costs, fees and expenses whatsoever (including other similar
duties and any penalties thereon) on a full indemnity basis in connection with or incidental to this Charge
including the Bank's solicitors' fees (on a solicitor and client basis) and stamp duty in connection with the
preparation and execution of this Charge and the documents related thereto. If the monies hereby secured or
any part thereof shall be required to be recovered through any process of law or any other recovery process as
well as contesting of and involvement in any legal proceedings of whatsoever nature by the Bank for the
protection of or in connection with any account(s) of the Chargor, or if the said money or any part thereof shall
be placed in the hands of solicitors for collection, such amounts shall be payable by the Chargor on demand on a
full indemnity basis, together with compensation from the date the costs and expenses are incurred to the date
of full payment at such rate as the Bank may prescribe (both before and after judgment). Legal costs and
expenses are payable by the Chargor notwithstanding that the Facility may be cancelled/aborted at any time

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before completion of legal documentation. The Bank shall have the right (with written notice to the Chargor) at
any time to debit any of the Chargor’s accounts in accordance with this Section 9.6 and Section 9.19 (Payment
Provisions) below.

Section 9.7 EXPENDITURE INCURRED BY THE BANK FOR AND ON BEHALF OF THE CHARGOR

All moneys expended by the Bank hereunder from time to time for and on behalf of the Chargor and for its
account relating to takaful, quit rent, assessment, rates, taxes, repairs, legal costs and all other outgoings shall be
recoverable from the Chargor together with administration fee (if any) and the Sales and Service Tax (“SST”)
and/or any other tax payable thereunder and shall be paid on demand. In default of payment, such moneys shall
be deemed to form part of the Secured Amounts and to be secured hereunder and the accounts of the Chargor
shall (with written notice to the Chargor) be debited accordingly.

Section 9.8 MODIFICATION AND INDULGENCE

The Bank may at any time and without in any way affecting the security hereby created and the rights, powers
and remedies conferred upon the Bank under this Charge:-

9.8.1 grant to the Chargor or any Security Party any time or indulgence or waiver or consent or release;

9.8.2 with twenty one (21) days’ prior written notice to the Chargor and by stating reasons in such written
notice, vary or amend any of the terms of the Facility Agreement or any of the Transaction Documents;

9.8.3 with prior written notice to the Chargor, determine vary or increase any credit or other facility granted to
the Chargor or any Security Party and may open or continue any account or accounts (or both) with the
Chargor or any Security Party at any branch or branches of the Bank;

9.8.4 with written notice to the Customer where applicable, vary the number and/or the amount of the
monthly payments of the Customer pursuant to the Transaction Documents;

9.8.5 have recourse to all or any remedies or means for recovering the moneys hereby or thereby secured
which may be available for such purpose at such time and manner as the Bank thinks fit;

9.8.6 with prior written notice to the Chargor deal with, exchange, release or modify or abstain from perfecting
or enforcing any securities or other guarantee or rights it may now or at any time hereafter or from time
to time have from or against the Chargor or any Security Party or any other person;

9.8.7 release or discharge or compound or enter into any deed of composition with the Chargor or any Security
Party;

9.8.8 renew any bills or negotiable securities;

9.8.9 with prior written notice to the Chargor determine, vary, increase, reduce, restructure, convert, earmark
or cancel the Secured Amounts or any part thereof in any manner whatsoever.

Section 9.9 DEFECTS IN FINANCING POWERS

Where any moneys are owing and secured by this Charge, they shall be deemed to be so owing and so secured
notwithstanding any defect, informality or insufficiency in the financing or other powers of the Chargor or any
Security Party or in the exercise thereof which might have been a defence as between the Chargor or such
Security Party and the Bank.
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Section 9.10 SUSPENSE ACCOUNT

Any money received hereunder may (with written notice to the Chargor) be placed and kept to the credit of a
non-profit bearing suspense account for so long as the Bank thinks fit without any obligation in the meantime to
apply the same or any part thereof in or towards discharge of any money or liability due or incurred by the
Chargor to the Bank. Notwithstanding any such payment, in the event of proceedings in or analogous to
bankruptcy, liquidation, composition or arrangement, the Bank may prove for and agree to accept any dividend
or composition in respect of the whole or any part of such money and liability in the same manner as if this
security had not been created.

Section 9.11 CONSOLIDATION AND COMBINATION OF ACCOUNTS

9.11.1 Any provision under any law which has the effect of restricting the right of consolidation shall not apply
to this security.

9.11.2 It is hereby expressly agreed and declared that unless the Bank otherwise agrees, the Chargor shall not be
entitled to redeem or require the release or discharge of any security given by the Chargor to the Bank
and whether given now or hereafter except on payment by the Chargor of not only the Secured Amounts,
but also all moneys whatsoever and howsoever owing or payable or due from the Chargor to the Bank
under any other account whether as a Chargor, guarantor, assignor or howsoever or otherwise with the
Bank, and without prejudice to the generality of the foregoing, it is hereby expressly agreed and declared
that unless the Bank otherwise agrees in writing the Charge shall not be discharged except on payment of
the following:-

(a) all the Secured Amounts; and

(b) all other moneys due and owing to the Bank by the Chargor under any account with the Bank
whether or not and howsoever secured; and

(c) all moneys secured by any other security created by the Chargor or by any person through whom
the Chargor claims in favour of or vested in the Bank.

9.11.3 The Bank shall be entitled (but shall not be obliged) at any time at its absolute discretion (by giving seven
(7) days’ prior written notice to the Chargor) to combine or consolidate or merge all or any of its accounts
and liabilities with and to the Bank anywhere whether in or outside Malaysia whether singly or jointly
with any other person and may transfer or set off any sums in credit in such accounts in or towards
satisfaction of any of the Chargor’s liabilities whether actual or contingent, primary or collateral
notwithstanding that the credit balances on such accounts and the liabilities on any other accounts may
not be expressed in the same currency and the Bank is hereby authorised to effect any necessary
conversions at the Bank’s own rate of exchange then prevailing. The Bank shall not be liable for any loss
or damage arising from the operation of this sub-section 9.11, except if such loss or damage is due to any
error, omission, misrepresentation or negligence caused by the Bank.

Section 9.12 FURTHER CHARGE

If the Chargor shall execute or create any further or subsequent assignment, charge, mortgage or encumbrance
over the Property or any part thereof in favour of any other corporation person or persons of which the Bank
shall receive notice either actual or constructive; the Bank may on receiving such notice forthwith open a new or
separate account with the Chargor in its books and if the Bank does not in fact open such new or separate
account the Bank shall nevertheless be deemed to have done so at the time when the Bank received or was
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RHB ISLAMIC Bank Berhad RHB Islamic Bank Berhad/Retail/ Land Charge (3rd Party)
200501003283 (680329-V) Incorporated in Malaysia Commodity Murabahah Term Financing-i for Home/Property

deemed to have received such notice and as from and after the time of notice all payments in account made by
the Chargor to the Bank shall (notwithstanding any legal or equitable rule of presumption to the contrary) be
placed or deemed to have been placed to the credit of the new or separate account so opened or deemed to
have been opened as aforesaid and shall not be utilized in reduction of the amount due by the Chargor to the
Bank at the time of notice. PROVIDED ALWAYS that nothing in this Section 9.12 shall prejudice the security which
the Bank otherwise would have had hereunder for the payment of the moneys, costs, charges and expenses
herein this Charge referred to notwithstanding that the same may become due and owing or be incurred after
the time of notice.

Section 9.13 NO OBLIGATION TO MAKE ADVANCES

Nothing contained herein shall be deemed to render it obligatory upon the Bank either at law or in equity to
make or continue to make any advances or to afford any other accommodation or facilities whatsoever to the
Chargor if the Bank in its absolute discretion deems it inadvisable so to do.

Section 9.14 INTERCHANGE OR SUBSTITUTION OF FACILITIES

The Bank may upon settlement of the Facility or any part thereof or at any time in its absolute discretion (with
twenty one (21) days’ prior written notice to the Chargor and by stating reasons in such written notice) and
without affecting the security hereby created, grant further facilities, vary, interchange or substitute any of the
Facility granted with other banking facilities to be granted to the Customer and this Charge shall secure such
further or interchanged or substituted facilities. The Bank retains the right to allocate a new account number or
to transfer and/or consolidate the existing accounts of the Chargor with the Bank to a new account upon such
variation, interchange or substitution without affecting the Bank’s rights under any of the Transaction
Documents.

Section 9.15 SECTION 57 OF THE ISLAMIC FINANCIAL SERVICES ACT, 2013

To the best of the Chargor’s knowledge and information, the granting of the Facility is not a related party
transaction as defined under Section 57 of the Islamic Financial Services Act, 2013 and to the best of the
Chargor’s knowledge:

(a) the Chargor’s director(s) is/are not a close relative to any Connected Parties of the Bank, or any of the
Bank’s subsidiaries or entities controlled by the Bank;
(b) it has no control over the Bank’s Connected Parties; and
(c) none of the Bank’s Connected Parties are interested as director, partner, executive officer, agent of or
guarantor for the Chargor, its holding company and/or its ultimate holding company.

The Chargor shall forthwith inform the Bank if the above is otherwise and shall provide the Bank with the names
of the Connected Parties and their relationship thereto.

Section 9.16 LIEN AND OTHER SECURITIES NOT AFFECTED

Nothing herein contained shall prejudice or affect any lien to which the Bank is entitled or any other securities
which the Bank may at any time or from time to time hold for or on account of the monies hereby secured nor
shall anything herein contained operate so as to merge or otherwise prejudice or affect any bill of exchange
promissory note draft trust receipt guarantee mortgage charge lien or other security which the Bank may for the
time being have for any money intended to be hereby or otherwise secured or any right or remedy of the Bank
thereunder.

Section 9.17 CERTIFICATE OF INDEBTEDNESS

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200501003283 (680329-V) Incorporated in Malaysia Commodity Murabahah Term Financing-i for Home/Property

It is hereby agreed that any admission or acknowledgement in writing by the Chargor, or by any person
authorised on their behalf or a judgment (by default or otherwise obtained against any of them) or a statement
of account in writing showing the Secured Amounts of the Chargor, which is duly certified by an authorised
officer or agent of the Bank or computer generated notices which do not require signatures issued by the Bank as
to the amount of such balance and liabilities incurred or due to the Bank or Compensation for Late Payment
(Ta’widh) shall be binding and conclusive evidence against the Chargor for whatever purpose including as being
conclusive evidence of Secured Amounts in a court of law.

Section 9.18 ALL PAYMENTS RECEIVED TO BE PAYMENT IN GROSS

All moneys received by the Bank from any person or estate capable of being applied in reduction of the Secured
Amounts shall be regarded for all purposes as payments in gross and not appropriated or attributable to any
specific part or item of the said moneys covenanted to be paid if applied thereto by the Bank and if an
adjudicating or receiving order shall be made against any person liable to the Bank or any order be made, the
Bank may prove for the whole of the moneys then owing and no money received under such proof shall be
considered as having been received and the full amount owing shall be payable until the Bank has received from
all sources all of the Secured Amounts and if the amount ultimately received by the Bank exceeds the amount of
the ultimate balance owing to the Bank the excess only over such ultimate balance shall be paid to the person or
party on whose account the same shall have been received by the Bank.

Section 9.19 PAYMENT PROVISIONS

9.19.1 Place of Payment: All payments to be made hereunder and, where appropriate, the Transaction
Documents by the Chargor shall be made by the Chargor in Ringgit Malaysia in immediately available
funds on the due date or dates to the Bank at the place of business of the Bank set out in Section 2 of the
First Schedule or at any other address in Malaysia which the Bank may specify in writing from time to
time.

9.19.2 Business Day: If any sum becomes due for payment under or pursuant to this Charge or any of the
Transaction Documents on a day which is not a Business Day such payment shall be made on the next
succeeding Business Day unless such next succeeding Business Day falls in another calendar month in
which event such payment shall be made on the Business Day preceding the due date.

9.19.3 Debit: The Bank is hereby authorised at any time (with written notice to the Chargor) to debit any of the
Chargor's account with the Bank in respect of the Secured Amounts, profit, compensation, commission,
charges, fees, normal bank charges and all other monies due and payable hereunder and, where
applicable, due and payable under the rest of the Transaction Documents as well as debt recovery fees
and other amounts and sums of money payable by the Chargor. No such debiting shall be deemed to be a
payment of the amount due (except to the extent of any amount available in any of the Chargor’s current
account) or a waiver of any event of default under any agreement relating to the Facility. If such debiting
causes any of the Chargor’s account to be overdrawn, compensation shall be charged accordingly.

Section 9.20 TAXES AND WITHHOLDINGS

9.20.1 Payments to be free and clear: All sums payable by the Chargor and, where applicable, any Security Party
under the Transaction Documents shall be paid (a) free of any restriction or condition; (b) free and clear
of and (except to the extent required by law) without any deduction or withholding on account of any
tax, and (c) without deduction or withholding (except to the extent required by law) on account of any
bank charges or commission or any other charges or deductions or any other amount, whether by way of
set-off or counterclaim or otherwise.

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200501003283 (680329-V) Incorporated in Malaysia Commodity Murabahah Term Financing-i for Home/Property

9.20.2 Grossing-up of Payments: If (a) the Chargor or any other person is required by law to make any
deduction or withholding on account of any such tax or any other amount from any sum paid or payable
by the Chargor or any Security Party to the Bank under the Transaction Documents or (b) the Bank (or any
person on its behalf) or any Security Party is required by law to make any deduction or withholding from
(except on account of tax on the overall net income of the Bank) any payment or calculated by reference
to the amount of any sum received or receivable by the Bank under the Transaction Documents, the
Chargor shall notify the Bank of any such requirement or any change in any such requirement as soon as
the Chargor becomes aware of it and shall:-

(a) by giving the Bank thirty (30) days’ prior written notice, be at liberty to make advance payment in
relation to the Secured Amounts due hereunder and under the Transaction Documents (including
any such tax or other amount) without any penalty together with an amount to be determined by
the Bank (with written notice to the Chargor of such amount) at its sole and absolute discretion
representing any loss incurred by the Bank as a result of or arising from such advance payment
and on such advance payment the Facility shall be cancelled;

(b) pay any such tax or other amount before the date on which penalties attach thereto, such
payment to be made (if the liability to pay is imposed on the Chargor or, where applicable, any
Security Party) for the account of the Chargor or such Security Party or (if that liability is imposed
on the Bank) on behalf of and in the name of the Bank;

(c) ensure that the deduction or withholding does not exceed the minimum amount legally required;

(d) forthwith pay to the Bank such additional amount to the extent necessary to ensure that, after
the making of that deduction, withholding or payment the Bank receives on the due date and
retains (free from any liability in respect of any such deduction, withholding or payment) a net
amount equal to what the Bank would have received and so retained had no such deduction,
withholding or payment been required or made; and

(e) as soon as the Chargor or, where applicable, the Security Party is required by law to do so, pay
over to the relevant taxation or other authorities within the period for payment permitted by
applicable law the full amount of the deduction or withholding (including, but without prejudice
to the generality of the foregoing, the full amount of any deduction or withholding from any
additional amount paid pursuant to this section) which shall have been made by the Chargor or
such Security Party;

(f) as soon as possible furnish to the Bank within the period for payment permitted by applicable
law, either:
(i) an official receipt of the relevant taxation authorities in respect of all amounts so
deducted or withheld as aforesaid in the name of the Bank, issued by the relevant
taxation or other authorities; or
(ii) if such receipts are not issued by the relevant taxation authorities on payments to them
of amounts so deducted or withheld, a certificate of deduction or equivalent evidence of
the relevant deduction or withholding or such other documentation as the Bank may
reasonably require for the purpose of the taxation authorities of the Bank.

9.20.3 Continuing Obligations: Without prejudice to the survival of any other agreement of the Chargor
hereunder, the agreements and obligations of the Chargor contained in Sections 9.20.1 and 9.20.2 above

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200501003283 (680329-V) Incorporated in Malaysia Commodity Murabahah Term Financing-i for Home/Property

shall survive the payment in full of the Secured Amounts hereunder and under any instrument delivered
hereunder.

Section 9.21 CURRENCY INDEMNITY

9.21.1 Currency of Account: Ringgit Malaysia is the sole currency of the account and for payment of all sums
payable by the Chargor under or in connection with this Charge and, where appropriate, the rest of the
Transaction Documents, including damages.

9.21.2 Recovery in Other Currency: Any amount received or recovered in a currency other than Ringgit Malaysia
(whether as a result of, or of the enforcement of, a judgment or order of a court of any jurisdiction, in the
dissolution of the Chargor or otherwise) by the Bank in respect of any sum expressed to be due to it from
the Chargor under this Charge and, where appropriate the rest of the Transaction Documents shall only
constitute a discharge to the Chargor to the extent of the Ringgit Malaysia amount which the Bank is
able, in accordance with its usual practice, to purchase with the amount so received or recovered in that
other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on
that date, on the first date on which it is practicable to do so).

9.21.3 Indemnification: If that Ringgit Malaysia amount is less than the Ringgit Malaysia amount expressed to be
due to the Bank under this Charge and, where appropriate, the rest of the Transaction Documents, the
Chargor shall indemnify the Bank (with written notice to the Chargor) against any loss sustained by it as a
result of or arising therefrom or in connection therewith. In any event, the Chargor shall indemnify the
Bank (with written notice to the Chargor) against the cost of making any such purchase.

9.21.4 Separate Indemnity: These indemnities constitute a separate and independent obligation from the other
obligations in this Charge and the Transaction Documents, shall give rise to a separate and independent
cause of action, shall apply irrespective of any indulgence granted by the Bank and shall remain in full
force and effect despite any judgment, order, claim or proof for a liquidated amount in respect of any
sum due under this Charge and, where appropriate, the rest of the Transaction Documents or any
judgment or order. No proof or evidence of any actual loss may be required.

Section 9.22 INDEPENDENT PAYMENT OBLIGATIONS

It is hereby expressly agreed and declared by the Chargor that each of its obligations to pay under any of the
provisions of this Charge, or where appropriate, the rest of the Transaction Documents constitute separate and
independent obligations, shall give rise to separate and independent causes of action, shall apply irrespective of
any waiver or indulgence granted by the Bank in respect of any other obligation, shall remain in full force and
effect despite any judgment, order, claim or proof for a liquidated amount in respect of some other obligation
and may be relied upon and enforced by the Bank independently of or simultaneously with or without having to
commence any other action under such obligations or under any of the Transaction Documents or having first
exhausted any remedy or having first sold or disposed of any assets, properties or undertaking which may be
provided as security to the Bank from time to time.

Section 9.23 LAW

This Charge shall be governed by and construed in accordance with the laws of Malaysia and the Shariah
Principles and the parties herein further agree to make an application for the courts to refer any question
involving a Shariah matter to the Shariah Advisory Council of Bank Negara Malaysia pursuant to Section 56 of the
Central Bank of Malaysia Act 2009 (dealing with reference to Shariah Advisory Council for ruling from court or
arbitrator) for a ruling but in enforcing this Charge, the Bank shall be at liberty to initiate and take action or
proceedings or otherwise against the Chargor in Malaysia and/or elsewhere as the Bank may deem fit and the

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RHB ISLAMIC Bank Berhad RHB Islamic Bank Berhad/Retail/ Land Charge (3rd Party)
200501003283 (680329-V) Incorporated in Malaysia Commodity Murabahah Term Financing-i for Home/Property

parties hereto hereby agree that where any actions or proceedings are initiated and taken in Malaysia they shall
submit to the non-exclusive jurisdiction of the courts of Malaysia in all matters connected with the obligations
and liabilities of the parties hereto under or arising out of this instrument and the service of any writ or summons
or any legal process in respect of any such action or proceeding may be effected on the Chargor by forwarding a
copy of the writ or summons statement of claim or other legal process by prepaid registered post (or such other
mode as stipulated by law) to its address for the time being.

Section 9.24 CHANGES IN LAW

Notwithstanding any provision to the contrary herein, in the event that by reason of the enactment of or the
making of any change in any applicable law, regulation or regulatory requirement or in the interpretation or
application thereof or the making of any request or direction from or requirement of Bank Negara Malaysia or
other fiscal or monetary authority (whether or not having the force of law) the Bank shall be of the opinion that it
has or will become unlawful or it is otherwise prohibited or prevented for it to maintain or give effect to all or any
of its obligations as contemplated by this Charge and or any of the Transaction Documents then, notwithstanding
any other provisions herein, the Bank's obligation to make available the Facility shall (with written notice to the
Chargor and the Customer) forthwith cease and or as the case may be, the Chargor shall on demand forthwith
pay the Secured Amounts in full together with accrued compensation thereon and any other amount payable
thereunder to the Bank.

Section 9.25 CONDITION OF DISCHARGE OR RELEASE OF CUSTOMER OR CHARGOR

Any settlement or discharge between the Bank and the Chargor shall be conditional upon no security or payment
to the Bank by the Customer or any Security Party or any other person being invalidated for any reason
whatsoever or being avoided or refused or set aside by virtue of any provision or enactment or laws relating to
bankruptcy insolvency or liquidation for the time being or from time to time in force or by virtue of any obligation
to give effect to any preference or priority and the Bank shall be entitled (with written notice to the Chargor and
the Customer) to recover the value or amount of any such security or payment from the Chargor subsequently as
if such settlement or discharge had not occurred.

Section 9.26 RELEASE OF DOCUMENTS

Subject to Section 9.11 (Consolidation and Combination of Accounts) and Section 9.25 above upon payment to
the Bank of the Secured Amounts and all other moneys payable by the Chargor, the Chargor shall be entitled to
obtain the discharge and release of the Property from the Bank at the cost and expense of the Chargor. The Bank
may in the circumstances stipulate that such discharge and release to be in the form as the Bank may consider
appropriate.

Section 9.27 COUNTERPARTS

This Charge may be executed in any number of counterparts, all of which upon being taken together and when
delivered to the Bank shall constitute one and the same instrument and any of the parties hereto may execute
this Charge by signing on such counterparts.

Section 9.28 EFFECTIVE DATE

The parties hereto agree that this Charge shall come into force on the date as stated in the preamble hereto
irrespective of the diverse dates upon which they may have each executed this Charge respectively.

Section 9.29 SEVERABILITY

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200501003283 (680329-V) Incorporated in Malaysia Commodity Murabahah Term Financing-i for Home/Property

Any term, condition, stipulation, provision, covenant or undertaking contained herein which is illegal, prohibited
or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such illegality,
prohibition or unenforceability without invalidating the remaining provisions hereof and any such illegality,
prohibition or unenforceability in any jurisdiction shall not invalidate or render illegal, void or unenforceable any
such term, condition, stipulation, provision, covenant or undertaking in any other jurisdiction.

Section 9.30 CUMULATIVE REMEDIES

The rights remedies powers and privileges provided herein are cumulative and are not exclusive of any rights
remedies powers and privileges provided by law.

Section 9.31 NOTICES/COMMUNICATIONS

Any notice, demand or other communication between the parties under this Charge may be given in writing to
the other party at the address details as stated in this Charge or at such other address as the recipient may have
notified to the other party in writing. No change in the Chargor’s address stated in this Charge is effective or
binding on the Bank, unless the Bank has received an actual notice of such change of address.

The notices or other communications may be given or made in any manner as set out in this sub-clause 9.31. The
notices or other communications are deemed delivered to the Chargor (unless there is contrary evidence that
such notice or communication was not in fact received):

(a) in the case of telephone call, when made;

(b) in the case of a letter, by the fifth (5th) day after posted;

(c) in the case of facsimile, at the time the transmission report is received by the sender, confirming that the
addressee has received such facsimile;

(d) in the case of electronic mail, on the day such electronic email enters the Chargor’s information system,
so long as the Bank has not received a failed or undeliverable message from the host provider on the day
of transmission;

(e) in the case of personal delivery, at the time of delivery; and

(f) in the case of short message service (SMS), on the day that such SMS is sent to the recipient, so long as
the sender has not received a delivery error message on the day that the SMS was sent.

Proof of posting or despatch of any notice or communication is deemed to be proof of receipt (unless there is
contrary evidence that such notice/communication was in fact not received):-

(a) in the case of registered post or other fast postal service, that the notice or other document has been duly
addressed and posted;

(b) in the case of personal delivery, acknowledgment of receipt by the recipient; or

(c) in the case of facsimile transmission or telex or other electronic media was duly transmitted from the
despatching terminal as evidenced by a transmission report generated by the despatching terminal.

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200501003283 (680329-V) Incorporated in Malaysia Commodity Murabahah Term Financing-i for Home/Property

Despite the above provisions, the Chargor agrees that the Bank may make a demand for payment, in the form of a
computer generated demand or notice which requires no signature or which contains a printed or facsimile
signature. Any such demand or notice (except for manifest error), is binding and conclusive on the Chargor.

If the Chargor sends any instruction, notice or communication, or if the Chargor executes or perfects any
Transaction Documents by facsimile or electronic mail to the Bank, the Chargor must indemnify the Bank against
any claim, loss and liability arising from the Bank relying on such instruction, notice, communication, execution or
perfection.

To avoid any doubt, the Chargor authorises the Bank to rely on and act on any instruction, notice or
communication from the Chargor made by telephone or facsimile to the Bank. The Chargor must indemnify the
Bank and must not make the Bank liable for any actions, suits, proceedings, costs, claims, demands, charges,
expenses, losses and liabilities (unless due to the Bank’s gross negligence or wilful default), due to or related to
the Bank having relied on or acted in good faith in accordance with your telephone or facsimile instruction, notice
or communication, even if such instruction, notice or communication had been initiated or transmitted in error,
fraudulently altered, misunderstood or distorted in the lines of communication or transmission.

Section 9.32 AMENDMENTS AND ADDITIONAL TERMS

Unless stated differently in this Assignment, the provisions and terms of this Charge may at any time and from
time to time be varied or amended by the Bank by means of a twenty one (21) days’ prior written notice to the
Chargor in writing (with reasons for the variations or amendments stated in such written notice) from time to
time and thereupon such amendments and variations shall be deemed to have been amended or varied
accordingly and shall be read and construed as if such amendments and variations have been incorporated in and
had formed part of this Charge at the time of execution thereof.

Section 9.33 CONSTRUCTION WHERE CHARGOR NOT AN INDIVIDUAL PERSON

If the name of the Chargor hereinbefore inserted is that of a limited company or other corporation any of the
provisions hereinbefore contained which primarily and literally is applicable to the case of a single and individual
person only shall be construed and take effect so as to give the Bank hereunder a security for the moneys owing
from that limited company or corporation as identical or analogous as may be with or to that which would have
been given for the moneys owing from a single individual as if the Chargor had been a single individual and any
money shall be deemed to be so owing notwithstanding any defect informality and/or insufficiency in the
financing powers of the Chargor or in the exercise thereof which might be a defence as between the Chargor and
the Bank. In the case of a limited company or other corporation any reference to bankruptcy shall be deemed to
be a reference to liquidation or other analogous proceedings and the moneys owing as aforesaid and hereby
secured shall be deemed to include any money owing in respect of debenture or debenture stock of the limited
company or other corporation held by or on behalf of the Bank.

Section 9.34 DISCLOSURE

10.34.1 The Chargor consents to and authorizes the RHB Banking Group (which shall include its holding company,
its subsidiaries and associated companies), its respective directors, officers, employees and agents to
disclose, share and/or verify information or documents pertaining to the Chargor’s affairs, account(s),
facility(ies), its partners (if applicable), to and/or with the following parties including:

(i) any companies within the RHB Banking Group whether within or outside Malaysia for any
purpose including to cross-selling, marketing and promotions of products and/or services of the
RHB Banking Group (except if the Chargor has chosen not to allow the Bank to make any
disclosure under this sub-clause (i);

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200501003283 (680329-V) Incorporated in Malaysia Commodity Murabahah Term Financing-i for Home/Property

(ii) any authorities/regulators/parties as may be authorised by law or regulations to obtain such


information or by court of law;

(iii) any party(ies) providing security for purposes of facility(ies) granted to the Customer;

(iv) agents of the RHB Banking Group, including vendors, merchants and/or third party service
providers in connection with any products and/or services being provided by the RHB Banking
Group where applicable;

(v) auditors, legal counsels and/or other professional advisers in relation to the provision of services
by the RHB Banking Group pursuant to this engagement, or in connection with the preparation of
any facility or security documents, if applicable, or any action or proceeding for the recovery of
monies due and payable by the Customer and/or the Chargor, wherever applicable;

(vi) credit bureaus and/or credit reporting agencies, fraud prevention agencies, debt collection
agencies and industry/financial related associations; and

(vii) any potential assignee or other person proposing to enter into any contractual arrangement
which requires the disclosure of such information.

9.34.2 The Bank may disclose to any person (other than those persons stipulated in Section 9.34.1 above) who
derives or may derive rights or obligations under or by reference to the Transaction Documents, such
information about the Chargor in relation to the Facility as shall have been made available to the Bank
generally.

9.34.3 The Chargor hereby agrees that any branch, subsidiary or parent company of the Bank shall also be
entitled to make disclosure to the Bank and/or to the other branches, subsidiaries or parent company of
the Bank.

9.34.4 The Chargor acknowledges and agrees that the permission given under this Section 9.34 herein is for the
purposes of section 146 of the Islamic Financial Services Act, 2013 and section 47 of the Central Bank of
Malaysia Act 2009 and that no further consent from the Chargor is required for the purposes of this
section and the Chargor hereby confirms that the Bank shall not be liable for disclosing or furnishing such
information referred to in this Section 9.34 herein, except if such liability is due to any error, omission,
misrepresentation or negligence caused by the Bank.

Section 9.35 WAIVER

Notwithstanding the fact that the Bank may not have exercised any of the remedies available to it immediately
on default by the Chargor or that the Bank may have accepted moneys from the Chargor after such default the
Bank shall not be held to have waived its rights or 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 Bank 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
right of action in respect thereof nor shall any action of the Bank in respect of any default impair or prejudice any
right power or remedy of the Bank in respect of any other or subsequent default.

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200501003283 (680329-V) Incorporated in Malaysia Commodity Murabahah Term Financing-i for Home/Property

Section 9.36 PAYMENT TO COURT/LAND ADMINISTRATOR

The Bank shall have the absolute discretion to refuse any payments by the Chargor in the event the Bank has
commenced foreclosure proceedings on the Property and an Order for Sale has been granted by the courts or the
administrator of the Property as the case may be pursuant to the provisions of the Applicable Acts. In the event
such payments are accepted by the Bank, the Bank shall have the right to forward such payments to the courts or
to the administrator of the Property as the case may be on behalf of the Chargor pursuant to Section 266 (dealing
with the right of a chargor to tender payment at any time before sale) of the National Land Code or the
equivalent provision under the Applicable Acts (whichever applicable) and such payments shall include all such
amounts as shall be referred to in Section 266(2) (dealing with amount of payment to be made by a chargor) of
the National Land Code or the equivalent provision under the Applicable Acts (whichever applicable) and the
Bank shall not be responsible for nor shall the Bank be liable for any damages, cost and expenses that the Chargor
and/or any Security Party may suffer as a consequence of the foreclosure proceedings already commenced,
except if such damages, cost or expenses is due to any error, omission, misrepresentation or negligence caused
by the Bank.

Section 9.37 ADDITIONAL OR COLLATERAL SECURITY

IT IS HEREBY AGREED AND DECLARED THAT this Charge is intended to be and is executed as an additional security
for all the Secured Amounts covenanted or agreed to be paid or payable by the Customer and or the Chargor
under or in connection with or arising from the Transaction Documents in relation to which full ad valorem stamp
duty has been paid and enforced from time to time on the Facility Agreement.

Section 9.38 ANTI-MONEY LAUNDERING, ANTI-TERRORISM FINANCING AND PROCEEDS OF UNLAWFUL


ACTIVITIES ACT 2001 (ACT 613) (“AMLA”)

9.38.1 The Customer and/or Security Party represent and warrant to the Bank that:

(a) The Customer and/or Security Party have not engaged, and shall not at any time engage, directly or
indirectly, in a transaction that involves proceeds of an unlawful activity or instrumentalities of an
offence;
(b) The Customer and/or Security Party have not acquired, received, possessed, disguised, transferred,
converted, exchanged, carried, disposed of or used, and shall not at any time acquire, receive, possess,
disguise, transfer, convert, exchange, carry, dispose of or use, proceeds of an unlawful activity or
instrumentalities of an offence;
(c) The Customer and/or Security Party have not removed from or brought into Malaysia, and shall not at
any time remove from or bring into Malaysia, proceeds of an unlawful activity or instrumentalities of an
offence; and
(d) The Customer and/or Security Party have not concealed, disguised or impeded, and shall not at any
time conceal, disguise or impede, the establishment of the true nature, origin, location, movement,
disposition, title of, rights with respect to, or ownership of, proceeds of an unlawful activity or
instrumentalities of an offence;

In this respect: -

“instrumentalities of an offence” means:

(a) any thing which is used in, or in connection with, the commission of any unlawful activity; or
(b) any property which is wholly or partly used in, or in connection with, the commission of any unlawful
activity,
whether the thing or property is situated within or outside Malaysia.

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RHB ISLAMIC Bank Berhad RHB Islamic Bank Berhad/Retail/ Land Charge (3rd Party)
200501003283 (680329-V) Incorporated in Malaysia Commodity Murabahah Term Financing-i for Home/Property

“proceeds of an unlawful activity” means any property, or any economic advantage or economic gain from
such property, within or outside Malaysia:

(a) which is wholly or partly: -


(i) derived or obtained, directly or indirectly, by any person from any unlawful activity;
(ii) derived or obtained from a disposal or other dealings with the property referred to in
subparagraph (i); or
(iii) acquired using the property derived or obtained by any person through any disposal or other
dealings referred to in subparagraph (i) or (ii); or

(b) which, wholly or partly, due to any circumstances such as its nature, value, location or place of discovery,
or to the time, manner or place of its acquisition, or the person from whom it was acquired, or its
proximity to other property referred to in subparagraph (a)(i), (ii) or (iii), can be reasonably believed to be
property falling within the scope of subparagraph (a) (i), (ii) or (iii);

“property” means:
(a) assets of every kind, whether corporeal or incorporeal, moveable or immovable, tangible or
intangible, however acquired; or
(b) legal documents or instruments in any form, including electronic or digital, evidencing title to, or
interest in, such assets, including currency, bank credits, deposits and other financial resources,
traveller’s cheques, bank cheques, money orders, capital market products, drafts and letters of
credit, whether situated within or outside Malaysia, and includes a legal or equitable interest,
whether full or partial, in any such property;

“unlawful activity” means: -


(a) any activity which constitutes any serious offence or any foreign serious offence; or
(b) any activity which is of such a nature, or occurs in such circumstances, that it results in or leads to the
commission of any serious offence or any foreign serious offence,
regardless whether such activity, wholly or partly, takes place within or outside Malaysia;

“serious offence” means: -


(a) any of the offences specified in the Second Schedule to the AMLA;
(b) an attempt to commit any of those offences; or
(c) the abetment of any of those offences;

“transaction” includes an arrangement to open an account involving two (2) or more persons and any
related transaction between any of the persons concerned and another;

9.38.2 The Customer and/or Security Party acknowledge and agree with the Bank that:-

(a) the Bank is obliged to comply with all applicable laws, regulations, directives, policy documents,
guidelines, practices, directions, sanctions, industry standards and practices and other requirements,
including the AMLA, the Strategic Trade Act 2010, the Financial Services Act 2013 and the Islamic
Financial Services Act 2013, to which the Bank as a licensed financial institution may from time to time
be subject to (collectively, “Regulatory Requirements”);
(b) the Bank shall be entitled to do or refrain from doing any act or thing, for compliance with the
Regulatory Requirements;
(c) if the Bank is of the opinion that any event or circumstance (whether related or not), which would
make it unlawful or illegal for the Bank to approve the application for the banking facilities or to grant
or make available of, or to disburse any funds under, the banking facilities, has occurred or arisen, or

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the approval of the application for the banking facilities or the granting or making available of, or the
disbursement of any funds under, the banking facilities would contravene any of the Regulatory
Requirements (in whole or in part), including the Bank's receipt of any alert or positive name match
from the relevant checks conducted on the Customer, any related third party involved in the
underlying transaction(s) (including the vendor/ developer/ promoter/ agent/ trustee/ supplier to
whom any funds under the banking facilities are to be disbursed) by the Bank pursuant to the
Regulatory Requirements, then, despite anything to the contrary contained in this document, the
Bank shall, at any time with prior written notice, be entitled to:-
(i) reject the Customer's application and do all such acts and things as may be necessary to comply
with the Regulatory Requirements; and/or
(ii) with prior written notice to me/us, suspend the banking facilities, or cancel the banking facilities
and terminate its relationship with me/us, and do all such acts and things as may be necessary to
comply with the Regulatory Requirements. If the banking facilities are cancelled and/or
terminated by the Bank pursuant to the Bank's compliance to the Regulatory Requirements:
(aa) the indebtedness shall immediately become due and payable;
(bb)the securities under this document shall immediately become enforceable;
(cc) no utilisation or further utilisation of the banking facilities shall be allowed by the Customer;
and
(dd) the Bank shall be entitled to exercise all or any of its rights and remedies available to it under
the relevant facilities agreement, the security documents, the applicable laws or otherwise;

(d) The Customer and/or Security Party shall provide all such documents and information as the Bank
may require (at all times during the term of the business relationship) for the purposes of complying
with the Regulatory Requirements;
(e) the Bank shall be entitled to freeze and/or seize the banking facilities under its control or due from
any source to it, pursuant to order(s) from enforcement agency(ies) until such further notice
(revocation order) is received from the said enforcement agency or the cease of the order (whichever
the first); or unless there is a variation order.

9.38.3 The Customer and/or Security Party undertake and agree with the Bank that:-
(a) The Customer and/or Security Party will at all times observe with the Bank’s steps in undertaking its
obligations towards complying with the Regulatory Requirements;
(b) The Customer and/or Security Party will be fully liable if the Bank has been found to have contravened
the Regulatory Requirements due to my/our actions causing legal repercussion to the Bank; and
(c) The Customer and/or Security Party understand that any breach(es) due to AMLA and sanction
requirements are non-negotiable.

9.39 MALAYSIAN ANTI-CORRUPTION COMISSION ACT 2009 ("MACC ACT")


9.39.1 The Customer and Security Party(ies) are required to read and understand the anti-corruption policies
and procedures of the Bank that are available on the Bank website at www.rhbgroup.com. The
Customer and Security Party(ies) will be notified by the Bank of any amendments or revisions to the
anti-corruption policies and procedures of the Bank, and the Customer and Security Party(ies) are
required to read and understand such amendments or revision, which will be made available on the
Bank website. If the Customer or Security Parties(s) do not understand the policies, procedures or any
related updates, the Customer or Security Party(ies) may contact RHB’s Group Integrity & Governance
Division.
9.39.2 The Customer and the Security Party(ies) each represent and warrant to the Bank that it is in compliance
with all the relevant laws, regulatory requirements and the anti-corruption policies and procedures of the
Bank, including all anti-corruption and anti-bribery laws and regulatory requirements, and will at all times
remain in compliance with all such laws, regulatory requirements and the anti-corruption policies and

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procedures of the Bank. The Customer and the Security Party(ies) each agree that they will co-operate
with the Bank to complete any verification exercises conducted by the Bank in accordance with the anti-
corruption policies and procedures of the Bank, including but not limited to providing all documents
and/or information required by the Bank.
9.39.3 The Customer and the Security Party(ies) each further represent and warrant to the Bank that it has not
nor is suspected of having given, promised, offered, solicited, accepted, obtained, received, agreed or
attempted so to do, and will not at any time give, promise, offer, solicit, accept, obtain, receive, agree or
attempt so to do, any forms of gratification, whether directly or indirectly, to or from any person
connected or associated to the Banking Facility or the Customer’s or the Security Party(ies)’s affairs or
business (“Person”) in order to:
(a) improperly influence any act, omission or decision by that Person in respect of any matter or
transaction, whether actual or proposed or likely to take place; or
(b) improperly induce that Person to use the Person’s influence with or on any entity or any
other person to affect any act, omission or decision by such entity or other person; or
(c) secure any improper advantage.

For purposes of this Charge, the “gratification” has the meaning set out in Section 3 of the MACC Act./herein
below:

(a) money, donation, gift, loan/facilities, fee, reward, valuable security, property or interest in property being
property of any description whether movable or immovable, financial benefit, or any other similar
advantage;
(b) any office, dignity, employment, contract of employment or services, and agreement to give employment
or render services in any capacity;
(c) any payment, release, discharge or liquidation of any loan/facilities, obligation or other liability, whether
in whole or in part;
(d) any valuable consideration of any kind, any discount, commission, rebate, bonus, deduction or
percentage;
(e) any forbearance to demand any money or money’s worth or valuable thing;
(f) any other service or favour of any description, including protection from any penalty or disability incurred
or apprehended or from any action or proceedings of a disciplinary, civil or criminal nature, whether or
not already instituted, and including the exercise or the forbearance from the exercise of any right or any
official power or duty; and
(g) any offer, undertaking or promise, whether conditional or unconditional, of any gratification within the
meaning of any of the preceding paragraphs (a) to (f).

9.39.4 The Customer and the Security Party(ies) each agree that it shall upon the occurrence of any of the above
stated events, at the earliest opportunity thereafter, report such events to the Malaysian Anti-Corruption
Commission or a police officer, and the confidential reporting channel (Speak Up Corner) of the Bank
available on the Bank’s corporate website at www.rhbgroup.com. Failure to make such report amounts
to an offence and on conviction will attract a fine not exceeding Ringgit Malaysia Ten Thousand
(RM10,000.00) or imprisonment for a term not exceeding two (2) years or to both.

9.39.5 The occurrence of any of the foregoing activities shall amount to an Event of Default under the Banking
Facility and the Bank shall be entitled without further notice to the Customer to exercise forthwith all or
any of its rights, powers and remedies under the Banking Facility or by statute or otherwise, and the Bank
shall make the necessary disclosures in compliance with the relevant laws and regulatory requirements.

____________________________________________________________________________________________

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[THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK]

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IN WITNESS WHEREOF the respective hands of the Attorney of the Bank and the hand/Common Seal of the
Chargor were hereunto written/affixed the day and year first above written.

SIGNED by ) RHB ISLAMIC BANK BERHAD Company


for and on behalf of ) No. 200501003283 (680329-V) by its Attorneys
RHB ISLAMIC BANK BERHAD )
Company No. 200501003283 (680329-V) )
in the presence of: )
..........................................................

*[Where the Chargor is a company]

The Common Seal of )


the Chargor )
was hereunto affixed in accordance with )
its Articles of Association in the presence )
of:- )

.......................................................... ..........................................................
Director Director/Secretary
Name: Name:
NRIC No.: NRIC No.:

*[Where the Chargor is an individual/sole proprietor/partnership]

Signed by the Chargor )


in the presence of: ) ……………………………………
) Name:
) NRIC No.:
)
)
)
) ……………………………………
Name:
NRIC No.:

* Delete where inapplicable

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RHB ISLAMIC Bank Berhad RHB Islamic Bank Berhad/Retail/ Land Charge (3rd Party)
200501003283 (680329-V) Incorporated in Malaysia Commodity Murabahah Term Financing-i for Home/Property

THE FIRST SCHEDULE


(To be read and construed as an essential part of this Charge)
SECTION ITEM PARTICULARS
*Where the Chargor is a
1A limited company or other
corporation

Name of Chargor

Registration/Certificate
of Incorporation No.

Registered Address

Facsimile No.

*Where the Chargor is an


Individual/sole
proprietor/partnership

Name of Chargor

Passport/Identity Card No.

Address

*
Name of Chargor

Passport/Identity Card No.

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RHB ISLAMIC Bank Berhad RHB Islamic Bank Berhad/Retail/ Land Charge (3rd Party)
200501003283 (680329-V) Incorporated in Malaysia Commodity Murabahah Term Financing-i for Home/Property

THE FIRST SCHEDULE


(To be read and construed as an essential part of this Charge)
SECTION ITEM PARTICULARS
Address

1B *Where the Customer is a


limited company or other
corporation

Name of Customer

Registration/Certificate
of Incorporation No.

Registered Address

Facsimile No.

*Where the Customer is


an Individual

Name of Customer

Passport/Identity Card No.

Address

*
Name of Customer

Passport/Identity Card No.

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RHB ISLAMIC Bank Berhad RHB Islamic Bank Berhad/Retail/ Land Charge (3rd Party)
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THE FIRST SCHEDULE


(To be read and construed as an essential part of this Charge)
SECTION ITEM PARTICULARS
Address

2 Place of Business of the


Bank in Malaysia

Facsimile No.

3 Type of financing

4 Maximum Aggregate
Amount of the Facility

5 Date of Facility Agreement

* Delete where inapplicable

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36

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