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Manitoba Limited Power of Attorney Form

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Manitoba Limited Power of Attorney Form Page 3
Manitoba Limited Power of Attorney Form
(SAMPLE TWO)
ACKNOWLEDGEMENT
I, _____________________, hereby acknowledge and agree as follows:
1. I am (one of) the purchaser(s) of the property commonly known as __________________(the
“Property”).
2. I have applied to ________________ (the “Mortgagee”) for a loan on security of a mortgage of
the Property.
3. __________________(“my Lawyers”) have advised me that I am not required to provide either a
current original building location certificate and sketch of the Property, as prepared by a qualified
Manitoba Land Surveyor (a “Building Location Certificate”), or a zoning memorandum issued by
the municipality in relation to the Property (a “Zoning Memorandum”) to the Mortgagee for its
purposes.
4. Lawyers have advised me further as to the importance and various benefits of obtaining a
Building Location Certificate and a Zoning Memorandum, and in particular:
(iii) that, without a Building Location Certificate and Zoning Memorandum, my Lawyers
cannot certify that the buildings and structures purchased are located within the
boundaries of the Property, that the Property is free from encroachments by buildings or
structures on adjoining properties, or that the Property complies with applicable zoning
regulations; and
(iv) that, after the closing of the purchase transaction, I cannot recover damages against the
vendor should I later discover that the buildings and structures purchased are not located
within the boundaries of the Property, that the Property is subject to encroachments by
buildings or structures on adjoining properties, or that the Property does not comply with
applicable zoning regulations.
My Lawyers have recommended that I obtain a Building Location Certificate and a Zoning
Memorandum to protect my own legal, financial and other interests relating to the Property. I
understand that advice of my Lawyers but, nonetheless, I have decided not to obtain a Building
Location Certificate or a Zoning Memorandum and I have so instructed my Lawyers. My
Lawyers are not responsible or liable for any loss that I suffer because of my decision not to
obtain a Building Location Certificate and a Zoning Memorandum for the Property.
5. On closing of the transaction of purchase and mortgage of the Property, the assurances to be
given by my Lawyers to the Mortgagee may be broader than the assurances my Lawyers will give
to me, and may address matters which could have been verified by me had I obtained a Building
Location Certificate and a Zoning Memorandum.
I have read over this document carefully before signing it, I understand its meaning, and I sign this
document voluntarily.
DATED at ____________, Manitoba this ________ day of ____________, 20___
____________________________________ ) _______________________________________
Witness ) Signature of Purchaser
02/04
Manitoba Limited Power of Attorney Form
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