Contract
No.
Area
Contract
Price Lot
No.
Down
payment Price
pr sq.m.
Balance Monthly
Pmnt.
No.
of years to pay:
CONTRACT TO SELL
KNOW
ALL MEN BY THESE PRESENTS:
This Contract to Sell (Contract),
executed and entered into by and between:
ELIZABETH CYNTHIA C. HANIKA, married to
MATTHIAS HANIKA, German Citizen, MARIA VISITACION K. NOJADA,
single; and ERNESTO B. CUNANAN II, single, all Filipinos with residence and postal address at P.O.
Box 36552, Balatero, Puerto Galera, Mindoro Oriental,
hereinafter referred to as the OWNER.
-and-
hereinafter referred to as the PURCHASER.
WITNESSETH:
That the OWNER, for and in
consideration of the sum of ____________________________Philippine Currency,
and all the terms and conditions agreed upon herein has contracted to sell to
the PURCHASER (and who in turn has contracted to buy) that parcel of
land situated at the Municipality of Abra de Ilog, Province of Occidental
Mindoro, and more particularly described as Lot No __, Block No _ of the
approved subdivision plan of the Sans Souci Beach Estates, with a total area
of ____________________________________(____)
square meters, more or less.
Whereas the PURCHASER is aware, that
foreign ownership of land in the
Philippines is not permitted unless the PURCHASER was born in the Philippines
and only has later acquired foreign citizenship, and upon full payment under
this contract the transfer of title shall be in the name of a duly authorized
person or entity.
That the terms and conditions of
this Contract are as follows:
a.)
Purchaser
will make a down payment in the amount of PESOS ________________________ (P_________)
upon signing of this contract.
b.)
The
balance of the purchase price in the amount of PESOS ________________________ (P________) shall be paid in ______________________
(__) consecutive monthly installments to commence on ___________, 200_ at _________________________________
(P________) for each installment including interest of ____%.
c.)
Payments
shall be made directly to the bank account of Matthias & Elizabeth Hanika,
Account No.:______________________________________________________________ Philippines.
It is the responsibility of the Purchaser to make payments in a timely manner
on every ___th of the month.
d.)
There
shall be no penalty for early payment of the remaining balance of the principal
amount left at the date of such payment.
e.)
All
payments by the PURCHASER shall be applied in the following order:
1.)
To
the surcharge and/or other penalties due and outstanding;
2.)
To
the interest due and outstanding;
3.)
To
the outstanding balance of the principal.
a.)
Taxes
and Assessments; After actual physical possession and occupancy and beneficial
use of the lot subject hereof has been transferred to the PURCHASER by
the OWNER and after the PURCHASER shall have taken actual
physical possession and occupancy thereof with all the attendant rights and
benefits of a possessor, including the right to build a house and other
improvements thereon, and the corresponding obligation thereon pursuant to
Section 17 hereof, the PURCHASER bind/s himself/herself or themselves to
pay, commencing the day following such actual physical possession and occupancy
the real estate and special tax
assessments levied or which may hereafter be levied on the property subject
hereof, within the period provided by law, including the corresponding charges
and penalties in case of delinquency. Upon the full payment of purchase price
by the PURCHASER, whether or not there has been a transfer of actual
physical possession, all real estate taxes thereafter shall already be for the
account of the PURCHASER regardless of the execution and delivery of the
Deed of Absolute Sale. It is understood that real estate taxes on the subject
property prior to the transfer of possession and/or full payment thereof shall
be for the account of the OWNER.
b.)
Documentary
stamp tax, transfer tax, registration and notary fees, withholding tax, value
added tax, and other related taxes and expenses due and payable in connection
with the transfer of the title of the lot herein sold; and
c.)
Fees
provided in the Deed of Restrictions like maintenance, garbage and security
fees, and other expenses for water service, sewerage, cable television,
telephone and electrical connections and like utilities.
a.)
Where
the PURCHASER shall have paid less than two (2) years of installment as prior
to his/her default, he/ she shall have a grace period of sixty (60) days from
the date the monthly installment became due. Should the OWNER not
actually receive payment within the 60 days grace period, this Contract shall
be considered automatically canceled or rescinded thirty (30) days after
service by the OWNER to the PURCHASER of a notarized notice of
cancellation or rescission, in which event any and all sums of money paid under
this Contract together with all the improvements made on the premises shall
become rentals on the lot. The sending of notice by registered mail to the PURCHASER's
above address shall be deemed sufficient service thereof for the purpose
irrespective of whether or not it was personally, or actually received by the PURCHASER.
b.)
a.) Where the PURCHASER shall have paid the
equivalent of at least twenty four (24) monthly installment prior to his/her
default, he/she shall be entitled to the following: To pay the unpaid
installments due within the total grace period earned by him/her, which is
hereby fixed at the rate of one (1) month grace period for every one (1) year
of installment payments; Provided that for the period in excess of two (2)
years of paid-up installment, he/she shall be entitled to an additional grace
period of five (5) days for every minimum set of two (2) months of paid up
installments; Provided, further, that payments equivalent to, less than a set
of two months installments shall be disregarded in computing the grace period
herein contemplated; Provided, furthermore, that should the OWNER not
receive at its offices the installment due within the aforesaid grace period,
this Contract shall be considered automatically canceled and rescinded
thirty (30) days after the notarized notice of cancellation or rescission is served
upon the PURCHASER in the manner stipulated above; and Provided, lastly,
that the right of the PURCHASER to avail of the grace period shall
exercised by the PURCHASER only once during the life of this Contract.
In case of cancellation or rescission of this Contract for nonpayment in
accordance with this paragraph any building or improvement on the land shall be
deemed automatically forfeited as penalty in favor of the OWNER without
the right to any reimbursement on the part of the PURCHASER. However, the OWNER shall refund to
the PURCHASER the cash surrender value of the payments on the land
equivalent to fifty percent (50%) of the total payments under this
Contract. The full payment of said cash
surrender value to the PURCHASER shall be deemed effected and complied
with upon notice to the PURCHASER that the amount thereof is ready for
pickup at the OWNERs office.
c.)
In
case of cancellation or rescission pursuant to subparagraph (a) of this
Section, the OWNER is entitled to take immediate possession of the
property together with the improvements thereon and should the PURCHASER
be in possession thereof, he/she shall become a mere intruder or unlawful
detainer of the same without any further right, title, interest or claim of any
kind or character to the said property and improvements. The OWNER shall be at liberty to
dispose of and sell the said property together with all the improvements
thereon to any other person in the same manner as if this Contract had never
been executed or entered into. In any
of the above cases, the OWNER of its representatives shall have the
right to enter into the property, to take possession of the same, and to take
the necessary or advisable action to protect its rights and interest in the
property, and nothing that may be done or made by the PURCHASER shall be
considered as revoking this authority or a denial thereof.
IN
WITNESS WHEREOF, the PURCHASER has caused his/her name to be affixed to
the instrument and has hereunto signed this presents, and the OWNER has caused
its duly authorized representative to sign in its behalf, this .............day
of.....................................20......
at................................, Philippines.
ELIZABETH CYNTHIA C.
HANIKA MATTHIAS
HANIKA
With
my marital consent
MARIA VISITACION K.
NOJADA ERNESTO B.
CUNANAN II
BY: BY:
ELIZABETH CYNTHIA C.
HANIKA ELIZABETH
CYNTHIA C. HANIKA
HER ATTORNEY IN FACT HIS
ATTORNEY IN FACT
OWNER
.
PURCHASER
SIGNED IN THE PRESENCE OF:
........................................................ ..............................................
ACKNOWLEDGMENT
REPUBLIC
OF THE PHILIPPINES )
) S.S.
BEFORE
ME, a Notary Public, for and in ....................................................
this .........day of
................................... personally
appeared the following persons, with community tax certificates, to wit:
Name CTC
No. Date/Place Issued
Known
to me and to me known to be the same persons who executed the foregoing
instrument and they acknowledged to me that the same is their free and
voluntary act and deed.
This
instrument consisting of .......................(.....) page/s including this
page whereon the acknowledgment clause is written and signed by the parties and
their instrumental witnesses on each and every page hereof, sealed with my
notarial seal, pertains to a Contract to Sell of a parcel of land in the
Municipality of Abra de Ilog, Province of Occidental Mindoro.
WITNESS MY HAND AND SEAL on the date
and place first above written.
........................................... NOTARY PUBLIC
Doc.
No. _____ Until
December 31, 20
Page
No. _____ P.T.R.
No._______
Book
No _____ Issued
on________
Series
of 20 ___ Issued
at_________