Under s 106 of the Transfer of Land Act 1893 (WA), a default notice sent by registered post to the mortgagor's address on the register is validly served even if returned undelivered, as the provision does not require the notice to actually reach the mortgagor. Express mortgage clauses preserving the mortgagee's rights notwithstanding delay, indulgence, or failure to exercise powers are effective to prevent waiver arguments.
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