Fillable Printable Limited Power of Attorney - Manitoba

Limited Power of Attorney - Manitoba

(SAMPLE TWO)

LIMITED POWER OF ATTORNEY

I, _(insert full name of donor) of _(insert full address and postal code) appoint

_(insert full name of lawyer appointed) of (insert full address and postal code) to be the attorney

for me and in my name and place to do all things required to be done on my behalf in order to

complete the [purchase / mortgage / sale] of (insert civic address or short legal description of the

property as referred to in the Offer or the Mortgage Commitment) contemplated by my

agreement with (insert full names of all other parties, including the donor’s mortgagee, if

applicable) dated _______. For that purpose (but without limitation), my attorney may execute

and deliver, or amend, correct, replace or re-execute and deliver, all documents, forms,

instruments, elections, acknowledgements, consents or releases (including any consent or release

under The Homesteads Act [Manitoba]), may give evidence on my behalf by way of affidavit,

statutory declaration or otherwise concerning any matter, and may do all lawful acts which, in

the opinion of my attorney, may be necessary or desirable.

SIGNED AND SEALED at ___________, Manitoba, this___ day of ___________20___.

Signed, published and declared by _______ )

in my presence, and at his/her request )

and in his/her presence, I have hereunder )

subscribed my name as a witness. )

______________________________ ) _________________________________

Witness )

Name and

Occupation

THE HOMESTEADS ACT

ACKNOWLEDGEMENT FOR POWER OF ATTORNEY

I, _______________________, the donor named in the above Limited Power of Attorney appointing

_________________________ as my attorney, acknowledge that:

1. I am executing this Limited Power of Attorney freely and voluntarily, without any compulsion on

the part of my spouse or common-law partner;

2. I am aware of the nature and effect of this Limited Power of Attorney; and

3. I am executing this acknowledgement apart from my spouse or common-law partner.

_______________________ ______________________ _______________________

(Name of Donor) (Signature of Donor) (Date)

______________________ ______________________ ________________________

(Name of Witness) (Signature of Witness) (Date)

A Commissioner for Oaths/Notary Public in and for

the Province of Manitoba. My Commission expires:

02/04

CANADA ) I, _____________________________, of

) the _______ of ________________, in the

PROVINCE OF MANITOBA ) Province of Manitoba,

)

TO WIT: )

make oath and say that:

1. I was personally present and did see the within Limited Power of Attorney and

Acknowledgement duly signed, sealed and executed by the donor of the power,

_____________________, at the ________ of _________________, in the Province of

Manitoba, on the _________ day of ________________, 20__ and at the time of

execution the donor was, in my opinion, of sound mind, memory and understanding.

2. I know the donor and he/she is, in my belief, eighteen (18) years of age or more.

3. I am a subscribing witness to the Limited Power of Attorney and Acknowledgement.

4. The Limited Power of Attorney and Acknowledgement was executed by the donor in my

presence (or the donor acknowledged his or her signature in my presence), whereupon I

did, in the presence of the donor, subscribe the Limited Power of Attorney and

Acknowledgement as a witness.

SWORN BEFORE me at the _______ of )

_________________, in Manitoba, this )

_______ day of ______________, 20__. )

) ______________________________

________________________________ ) Witness

A Commissioner for Oaths in and )

for the Province of Manitoba )

My Commission Expires:

NOTE TO SOLICITOR:

In circumstances where transfer or mortgage documents must be substantially amended or re-executed by

the solicitor under the Limited Power of Attorney, the Land Titles Office may require that, in addition to

filing the Limited Power of Attorney, the solicitor furnish evidence to the effect that:

1. the documents executed or amended by the grantee under the Limited Power of Attorney relate to

the lands described in the Limited Power of Attorney; and

2. the documents executed or amended by the grantee under the Limited Power of Attorney relate to

the transaction described in the Limited Power of Attorney.

Solicitors should consult with the Land Titles Office to determine its specific requirements in any

individual case.

02/04

(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