The right to issue a conclusive evidence certificate under a loan facility agreement is capable of assignment where the agreement permits assignment of the lender's rights and does not restrict assignment of that specific right. A mortgagee's duty when exercising a power of sale requires good faith and not unconscionable conduct, but does not require the mortgagee to achieve the best price obtainable. That duty does not apply where the secured property is sold by liquidators rather than by the mortgagee.
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