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CONTRACT OF LEASE

This contract of lease (“Contract”) is made and entered into this 6th day of November 2012, by and
between:

CECILE VIRAY DE MESA, of legal age, Filipino, single / married, and a resident of Nelson
Trading, Henson St., Angeles City, hereafter referred to as the “LESSOR”;

And

RUBEN DONINA Jr., of legal age, Filipino, single / married and presently a resident of
______________________________________________________________ hereinafter referred to as the
“LESSEE”.

WITHNESSETH:

WHEREAS, the LESSEE desires to lease from the LESSOR and the LESSOR desires to lease out to
the LESSEE the Leased Premises, subject to the terms and conditions hereof.

NOW, THEREFORE, for and in consideration of the payment of the rent set forth in Section 3
hereof (the “Lease Rental”) and other payments prescribed herein, as well as the faithful
compliance by the parties of all the covenants, terms and conditions likewise set forth in this
Contract, LESSOR hereby leases unto LESSEE, and the latter hereby accepts under a lease, the
Leased Premises, under the following terms and conditions:

1. LEASED PREMISES
The Leased Premises shall be Furnish Apartment N located #3-11 California St. Villa Sol Subdivision
Friendship Angeles City, Pampanga.
2. TERM OF LEASE
The Contract of Lease shall be effective for a term of three (3) months commencing on November
3,2012 and terminating on February 3,2013.This Contract may be renewed for another period of
months, with an adjustment in the Lease Rental, upon mutual agreement of the parties, provided the
LESSEE notifies the LESSOR in writing, not less than thirty (30) days prior to the expiration of the
term, of its desire to negotiate the terms and conditions for the renewal of this Contract.
3. LEASE RENTAL
3.1. The monthly rental for the said lease shall be in the sum of Eight Thousand Five Hundred
Pesos (Php8,500.00), exclusive of taxes and shall be payable by the LESSEE to LESSOR in advance
within the first five (5) days of the month without need of any demand.;
3.2. The LESSEE shall be accorded a 15-day grace period from due date within which to pay any of
the rental fees without incurring any interest. After the expiration of this period and the continued
default of the LESSEE, the LESSOR shall have the right to impose interest at the rate of five percent
(5%) per month of the outstanding amount of rental fee, commencing from the due date for payment,
without prejudice to the exercise by the LESSOR of any of its rights under this Contract or under
pertinent laws.
3.3. That the LESSEE shall pay its rental to Mr. Allandonie E. Unto or at NELSON TRADING
Henson St. Angeles City without the necessity to express demand from the LESSOR.
4. SECURITY DEPOSIT
4.1. Upon signing of this contract, LESSEE shall also pay LESSOR the sum of TWENTY
THOUSAND PESOS (Php20,000.00) as Security Deposit for the performance of LESSEE’s
obligations under this Contract, including but not limited to the payment of any unpaid bills, dues,
utilities; damage to the Leased Premises; ordinary wear and tear excepted, due to the use thereof by
the LESSEE. The LESSOR is hereby authorized, but not obligated, to apply the Security Deposit to
any outstanding obligations of the LESSEE. Any balance from the security deposit shall be
reimbursed to the LESSEE after one (1) month from the date the LESSEE actually vacates the Leased
Premises.
4.2. It is understood that the LESSOR shall not be obliged to apply the Security Deposit to any unpaid
rent due from LESSEE, such non-payment constituting default as defined in Section 14.
4.3. The Security Deposit shall be forfeited in favor of the LESSOR upon the occurrence of any
breach by LESSEE of any of its obligations and covenants under this Contract. The forfeiture of the
Security Deposit as provided above shall be without prejudice to the liability of the LESSEE to pay
any unpaid bills and obligations arising from LESSEE’s use of the Leased Premises.
5. UTILITY CHARGES
5.1. The LESSEE shall be responsible for paying the costs of electricity, water, telephone, television
cable, internet, garbage disposal, and other utility charges, including the cost of installation fees and
deposits related thereto, which are used and consumed within or from the Leased Premises.
5.2. The LESSEE shall at the end of the said term, present to the LESSOR the receipts of payments of
utilities for electricity, telephone, water, television cable, internet, garbage disposal, and other utility
expenses, free and cleared from dues and payables. Unpaid bills will automatically be deducted from
LESSEE’S security deposit.
6. RESTRICTION ON USE
6.1. The LESSEE shall strictly occupy the Leased Premises for residential use only and not for any
business or purposes against the law.
6.2. The LESSEE shall limit the number of people residing up to two (2) persons only at any given
time.
6.3. The LESSEE shall not store any dangerous, flammable, explosive, hazardous, obnoxious and
prohibited goods and materials in the Leased Premises.
6.4. LESSEE’s pets (e.g. dogs, cats, and birds) shall not be allowed to stay in the Leased Premises and
the apartment compound.
7. SUB-LEASE
The LESSEE shall not directly or indirectly sublease, assign, transfer or convey any portion of the
leased premises under whatsoever circumstances. Any contract that may be made in violation of this
clause shall be null and void at the beginning.
8. REPAIRS, MAINTENANCE AND CLEANLINESS
8.1. LESSEE acknowledges that the Leased Premises are in good and tenantable condition and
therefore obliged to undertake minor repairs and maintenance at its expense to maintain the same.
Costs of major repairs caused by carelessness, negligence or deliberate acts of the LESSEE shall be
paid by the LESSEE to the LESSOR.
8.2. LESSEE shall promptly inform the LESSOR in writing of any damage, defect or similar
conditions (for whatever cause) in the Leased Premises. In the event that LESSEE fails to undertake
the minor repairs on the Leased Premises, LESSOR may opt to perform the works/repairs itself or
cause a third party to perform the works/repairs and charge the cost thereof for the account of
LESSEE.
8.3. LESSEE shall maintain good housekeeping and comply with all laws, ordinances, sanitary rules
and safety regulations regarding the use, occupation and sanitation of the Leased Premises and further
acknowledge the right of the LESSOR to make regular inspection on the Leased Premises within any
reasonable hour of the day.
9. IMPROVEMENTS
9.1. The LESSEE shall not introduce or proceed with any improvements, alterations or additions to
the Leased Premises without the written consent of the LESSOR. The LESSOR shall give its consent
only to the extent that such additions, alterations or improvements will not compromise the system
integrity, structural safety, and architectural, technical and aesthetic standards of the Leased Premises.
9.2. All such permanent additions, alterations and improvements made on the Leased Premises by
LESSEE shall become LESSOR’s property upon the termination of this contract or its extension,
without any obligation on LESSOR’s part to reimburse LESSEE for the value thereof. The term
“permanent improvement” shall mean all improvements that are introduced on or within the Leased
Premises that cannot be removed without causing damage to the Leased Premises.
9.3. Upon request of the LESSEE, the LESSOR has allowed the LESSEE to repaint the Leased
Premises to the LESSEE’s preferred color and finish. It is understood, however, that the LESSEE
shall restore the painting color of the Leased Premises back to the original finish.
10. MISSING KEYS
The LESSEE shall pay One Hundred Pesos (Php100.00) per missing key, of which 5pcs. keys are
endorsed to the LESSEE.
11. FREE AND HARMLESS
LESSEE shall hold LESSOR free and harmless from any liability or responsibility for death or injury
to any person or damage to property arising out of or as a consequence of this Contract, or the use of
the Leased Premises by LESSEE, its agents, guests, or persons under the control or supervision of the
LESSEE.
12. EXTENT OF LESSEE’s LIABILITY
LESSEE shall be responsible at all times for acts and omissions done by LESSEE, its agents, guests,
or any other person gaining access to the Leased Premises on account of the LESSEE. Any damages
to the Leased Premises due to the fault or negligence of LESSEE, its agents, guests, or other person/s
gaining access on account of LESSEE, shall be chargeable to the LESSEE.
13. GUARANTEED LEASE
13.1. LESSEE shall have the option to pre-terminate this Contract provided the LESSEE informs the
LESSOR in writing at least 30 days prior to the actual date the LESSEE intends to vacate the Leased
Premises. Notwithstanding the foregoing, the unused portion of the Advance Rental Payment
stipulated in Section 3 shall be forfeited in favor of the LESSOR.
14. EVENTS OF DEFAULT
The LESSEE shall be considered in default upon its (1) failure to pay, in whole or in part, the Lease
Rental on the due date and/or any of the fees, charges, dues, and other payments required of the
LESSEE under this Contract, except when the LESSEE was prevented from doing so by the
occurrence of war and natural calamity or any other acts of God similar to the foregoing; and (2)
failure to comply with any of the terms and conditions of this Contract (the “Events of Default”).
15. TERMINATION AS CONSEQUENCE OF DEFAULT
15.1. Should the LESSEE be in default for two (2) consecutive months after receipt of written notice
of an Event of Default, LESSOR shall have the option to demand specific performance of the
pertinent provisions/s of this Contract, or to consider this Contract terminated and without further
force and effect.
15.2. Upon such termination, LESSEE shall peacefully vacate and deliver possession of the Leased
Premises to LESSOR in accordance with Section 16. Moreover, LESSOR shall forfeit or confiscate
any Advance Rental payment and Security Deposit provided in Sections 3 and 4 without prejudice to
any other rights and remedies available to LESSOR under the law.
16. PRE-TERMINATION
In addition to Section 15.1 hereof, the LESSOR may also immediately terminate this Contract,
without need of resorting to court action, even before expiration of the Term, by sending written
notice to the LESSEE upon the occurrence of the following events:

a. If the LESSEE commits a breach of any of the terms and conditions of this Contract (except
the obligation to pay Lease Rentals or other amounts due under this Contract, in which case
Section 15.1 or Section 16 (b), respectively, shall apply) and fails to remedy the same within
fifteen (15) days from notice by the LESSOR to remedy the breach.
b. If the LESSEE fails to pay any and all accounts, other than Lease Rental (in which case
Section 15.1 hereof shall apply), related to this Contract (e.g. reimbursements, penalties,
utility bills and others) within the periods provided herein.

17. RETURN OF LEASED PREMISES


17.1. Within one (1) week from termination of this Contract for whatever cause or causes, LESSEE
shall immediately and peacefully vacate the Leased Premises and return possession thereof to
LESSOR in the same good and tenantable condition as it was upon the commencement of this
Contract, ordinary wear and tear excluded.
17.2. In the event that the Leased Premises are not in good and tenantable condition, ordinary wear
and tear excepted upon the end of the term, LESSEE shall continue paying Lease Rentals up to the
time the Leased Premises have been restored in good and tenantable condition, ordinary wear and tear
excepted, and have been turned over to LESSOR.
18. REFUSAL TO VACATE UPON TERMINATION
Should LESSEE refuse to vacate the Leased Premises upon termination of the Contract, LESSOR
reserves the right to file the appropriate judicial proceedings to eject LESSEE from the Leased
Premises and recover all amounts due as Lease Rentals with interest, together with prejudicial costs
and attorney’s fees. Should LESSEE continue in possession of the Leased Premises beyond the Term
of the Lease, the payment of rental shall cease only after the Leased Premises shall have been vacated
by LESSEE and turned over to LESSOR.
19. LESSOR’S RIGHT OF RETENTION UPON LESSEE’S DEFAULT
19.1. Upon LESSEE’s default under this Contact, the LESSEE hereby irrevocably authorizes the
LESSOR to padlock the Leased Premises and prevent LESSEE, and/or any of its agents and guests
from entering and using the Leased Premises until all outstanding accounts of LESSEE are paid in
full. LESSOR shall have the right and authority to open and enter the Leased Premises, take inventory
of any and all furniture, materials and other properties found therein or in the Leased Premises,
remove the same from the Leased Premises, and place them in storage.
19.2. LESSOR is likewise authorized to retain by way of pledge and store any piece of furniture,
fixture, equipment, material or other personal property in the Leased Premises until full settlement of
LESSEE’s obligations under this Contract. In such event, LESSEE hereby waives any and all rights
and causes of action against LESSOR for any damage and depreciation upon said properties. LESSEE
shall be charged storage fees for the said purpose. One (1) month from the retention of LESSEE’s
properties as provided herein, if LESSEE’s account remains outstanding, the LESSOR shall have the
option to dispose of or sell such furniture, effects and other properties under such terms and
conditions that the LESSOR shall deem proper and apply any proceeds against the liabilities and
obligations of the LESSEE herein. Such sale or disposition of LESSEE’s properties, effects and
furniture shall be without prejudice to the right of the LESSOR to collect any deficiencies from the
LESSEE. In the event that LESSOR does not avail of this option, the LESSOR shall be obliged to
release the said properties to LESSEE only at such time as the overdue obligations of the LESSEE
shall have been fully paid.
20. BINDING EFFECT
All the terms, covenants, conditions and provisions of this Contract shall be binding and enforceable
upon the parties and their heirs, executors, administrator, principals, successors-in-interest and
assigns.
21. ASSIGNMENT OF SUB-LEASE
This Contract shall not be assigned, or otherwise transferred by LESSEE without prior written consent
of LESSOR.
22. AMENDMENT
Neither this Contract nor any term hereof may be amended, modified, waived, discharged or
terminated orally, but only by an instrument in writing signed by the parties hereto.
23. ENTIRE AGREEMENT
This Contract represents the entire agreement between the LESSOR and the LESSEE and supersedes
all previous oral or written communications, representations or agreements between the parties hereto,
and with respect to the subject matter hereof and shall not be deemed amended unless in writing and
signed by both parties.
24. SEPARABILITY CLAUSE
If any provision or part of any provision of this Contract is held for any reason to be unenforceable or
invalid, the remainder of this Contract shall nevertheless remain in full force and effect. In
conjunction therewith, the Parties hereby agree to enter into such further agreements to remedy such
unenforceable or invalid provision in order to preserve the full intents of the Parties in this Contract.
25. NON-LIABILITY
The LESSOR shall not be liable for any injuries to life or damages to any of the LESSEE’S personal
properties in the Leased Premises.
26. VENUE
26.1. Any legal action or proceeding arising out of or connected with this Contract and any and all
relative documents shall be brought in the proper courts of Angeles City only.
26.2. By execution and delivery of this Contract, the parties hereby irrevocably submit to such venue
to the exclusion of all other venues.
27. GOVERNING LAW
This Contract shall be construed in accordance with Philippine laws.

IN WITNESS WHEROF, the parties have hereunto signed these presents on the ____ day of
__________________2012 at Angeles City.
Cecile V. De Mesa Ruben Donina Jr.
LESSOR LESSEE

Signed in the presence of:

ACKNOWLEDGMENT
REPUBLIC OF THE PHILIPPINES)
Angeles City ) SS

BEFORE ME, a Notary Public for and in Angeles City, this _____ day of ___________ 2012,
personally appeared the following:

NAME CTC/PASSPORT No. DATE/PLACE ISSUED


Cecile V. De Mesa ____________________ __________________________
Ruben Donina Jr. ____________________ __________________________

known to me and established to me by competent evidence of identity to be the same persons who
executed the foregoing document and acknowledged to me that the same is their free and voluntary
act and deed and that of the corporations which they respectively represent.

WITNESS MY HAND AND SEAL on the date and place above stated.

Doc. No. ______;


Page No. ______;
Book No. ______;
Series of 2012.

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