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CONTRACT TO SELL
This agreement executed and entered into this _____________________ by and between:
KISAN LU LANDS, INC, a domestic corporation duly organized and existing under Philippine
Laws, with office address at KLR Group Bldg., San Pedro Street Davao City, represented by its President
and CEO, KRISTIN L. LU, herein referred to as the PACKAGER/DEVELOPER.
-AND-
WITNESSETH THAT:
For and in consideration of each of the terms and conditions stipulated hereunder which
the BUYER has promised to pay as specified herein, the PACKAGER/DEVELOPER has agreed and
contracted to sell to the BUYER (who in return accepted to buy) a House & Lot, referred to herein as the
UNIT, covered and embraced by Transfer Certificate of Title (TCT) No.T- ________ of the Registry of
Deeds of Davao City, being a portion of Sitio Ubat, Catalunan Grande, Davao City containing a lot area
of _____________________________________(_______) SQUARE METERS more or less.
1.2. Reservation & Processing Fees: The buyer shall pay the amount
of: __________________
___________________________________(Php. ______________) Philippine Currency
as processing or reservation fee upon execution of this contract.
That all payments in favor of the PACKAGER/DEVELOPER shall be made by the BUYER to
the Packager/Developer at the address stated above without the necessity of any judicial or extra judicial
demand.
The PACKAGER/DEVELOPER will employ no collector and that only official receipt duly
signed by the PACKAGER/DEVELOPER or its authorized representative will be recognized as valid and
binding.
3. WITHDRAWAL: In the event that the BUYER withdraws from this Contract,
the PACKAGER/DEVELOPER reserves the right to forfeit any and all payments the BUYER may have
made without necessity of notice.
4. POSSESSIONS: Only the BUYER upon compliance of all of the conditions stipulated herein is
allowed to enter into and take possession of the unit.
5. RIGHT OF INSPECTION AND TO DO NECESSARY WORKS: The BUYER agrees that the
authorized representative of the PACKAGER/DEVELOPER by way of written notice shall have the right
to enter the property at anytime for purposes of inspection, measurement, relocation, survey, laying
monuments, or of the necessary lines for water, gas, electric power, telephone and other public services to
undertake works, of whatever nature and to enforce the rules and regulations of
the PACKAGER/DEVELOPER for the general interest of the subdivision.
6. RESTRICTIONS: The sale of the PROPERTY is subject to the following deed of restrictions
and such further or additional restrictions and / or easement, servitude or resolutions as
the ASSOCIATON may from time to time adopt:
a. The unit shall not be used for illegal or immoral activity which will disturb the peace or
create nuisance in the neighborhood.
b. The BUYER must at all times keep his/her unit(s) / lot(s) in a sanitary condition and
must be free from overgrowth of cogon, talahib, or other wild vegetation and trash which
may become fire hazard, a place of concealment or a nuisance. Should the BUYER fail
to remove said nuisance, the same shall be removed by
the PACKAGER/DEVELOPER or the ASSOCIATION, at the expense of the BUYER.
c. Lot(s) shall not be used as access to other subdivisions. Similarly, unless otherwise:
The BUYER further agrees to confirm the location of each monument indicating the boundaries
of the lot with the PACKAGER/DEVELOPER or with the ASSOCIATION after the SUBDIVISION has
been turned-over, before constructing any wall or before erection of additional structure or building on the
lot. Should the BUYER put up a fence or extension without consulting
the PACKAGER/DEVELOPER or the ASSOCIATION, as the case may be, and there is encroachment on
adjacent lots, or a violation of the National Building Code of the Phil., the BUYER agrees to demolish the
structure encroaching on the adjacent lot at his expense within one (1) week from receipt of written notice
that there has been an encroachment on the adjacent lot. Otherwise the PACKAGER/DEVELOPER or
the ASSOCIATION, as the case may be, shall be free to have the encroachment demolished, or violation/s
rectified at the expense of theBUYER.
8. REALTY TAX AND ASSESSMENT: The PACKAGER/DEVELOPER agrees to pay the real
estate tax and assessment of the unit for as long as the Possession of the unit has not passed to
the BUYER. Provided, however, that if the BUYER has received the permit to Occupy (PTO), he shall be
liable for such taxes and assessment effective on the day of such receipt of PTO.
10. TRANSFER OF RIGHTS: The VENDEE, prior to the final execution of the deed of sale,
agrees not to sell, cede, encumber, transfer or in any manner dispose of his/her rights and obligations under
this agreement without the written consent of the PACKAGER/DEVELOPER nor lease or sub-lease the
same or give possession thereof to any party whomsoever.
11. SEPARABILITY CLAUSE: The BUYER hereby represents that this entire agreement had been
read and/ or translated to him in the language or dialect known and understood by him. Should any
provision of this contract be declared by the Court null and void, the nullity shall not affect the validity of
this transaction or any provision herein which shall then be considered as valid and binding by both the
parties herein.
12. VENUE: Should litigation prosper between the parties herein for any claim or clause of action
arising from or by reason of this contract, the exclusive court shall be the appropriate court of Davao City.
IN WITNESS WHEREOF, the parties hereto affixed their signatures this day of __________
at ______________________________________.
By :
KRISTIN L. LU
President & CEO
WITNESSES:
_______________________ ______________________
Agent/Broker
ACKNOWLEDGEMENT
BEFORE ME, a Notary Public for and in ______________, personally appeared this
day of ___________________ at _____________________.
1. ________
2. ________
Known to me to be the same person/s who executed the foregoing instrument and acknowledged to me
that the same is their true and voluntary act and deed that of the corporation they represent.
This instrument refers to a Contract to Sell, contains 3 pages including this page wherein the
acknowledgement is written and duly signed by the parties and their instrumental witnesses on each
and every page hereof.
WITNESS MY HAND AND SEAL on the day and place first above mentioned.