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Conveyancing (Scotland) Act 1924

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Section 34.

SCHEDULE NS Certificate as to Surplus (if any), or no Surplus, where Land is sold under a Heritable Security

I,A.B. (insert designation), notary public (orlaw agent) with reference to the sale of the lands and others (orsubjects) contained in the bond and disposition in security (or other heritable security) aftermentioned, which sale took place at (insert place) upon the (insert date) at the instance ofC.D. (insert designation) in virtue of the power of sale contained in a bond and disposition in security (or other heritable security) for the sum of (insert amount) granted byE.F. (design original debtor) in favour of the saidC.D. [orin favour ofG.H. (design original creditor)] dated (insert date) and [adding if such be the caseinstrument of sasineornotarial instrument (oralong with notice of title) thereon,and if such instrument or notice is not in favour of the original creditor, specify the name and designation of the person in whose favour it is conceived] recorded in [specify Register of Sasines, and date of recording; adding if such be the caseTo which bond and disposition in security (or other heritable security),adding if necessaryto the extent of (insert amount), the saidC.D. acquired right by succession (ortransmissionor as the case may be)]. Do hereby certify that there has been submitted to me a statement of the intromissions of the saidC.D., with the price of said land subscribed by the saidC.D. [orbyJ.K. (insert designation) agent of the saidC.D. on his behalf] from which it appears that no surplus remains for consignation in terms of section 122 of the M1Titles to Land Consolidated (Scotland) Act, 1868 [or where such surplus remains sayfrom which it appears that a surplus of (insert amount) remains for consignation in terms of section 122 of the Titles to Land Consolidation (Scotland) Act, 1868, and I further certify that such surplus has been so consigned in (specify bank or branch of bank in which the money was consigned) conform to deposit receipt dated (insert date) by said bank for said amount in the joint names of the saidC.D. and ofL.M. (insert designation of the purchaser of said land), which deposit receipt has been presented to me.].

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Marginal Citations

[F1Testing clause+]A.B.

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Amendments (Textual)

F1Words in Sch. N substituted (1.8.1995) by 1995 c. 7, ss. 14(1), 15(2), Sch. 4 para. 36 (with ss. 9(3)(5)(7), 13, 14(3))

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

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