Professional Documents
Culture Documents
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1SHJ DEVELOPMENT CORPORATION
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1Twin Hearts Realty
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3Hughes St., Roxas City, Capiz
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5Tel Nos.(036) 621-11-24 & 621-21-24
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5Fax No. (036) 621-11-24
5 ¢¢
5(NAME OF PROJECT)
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5(Location of Project)
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5CONTRACT TO SELL
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This AGREEMENT, made and entered into this ______ day of ____________,
1996, by and between:
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5SHJ DEVELOPMENT CORPORATION, a corporation duly organized and existing
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5under and by virtue of the laws of the Philippines, with principal office
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5located at Hughes St., Roxas City, Capiz represented herein by Mr. Jose
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5Nery D. Ong, duly authorized, hereinafter referred to as the FIRST PARTY,
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5 and
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6______________________________________________, spouse, both of legal age,
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6Filipino citizen, single/widow/widower/married to __________________, a
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6resident of _______________________________, hereinafter known as the
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6SECOND PARTY,
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6 §§!-
6W I T N E S S E T H:
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6Lot (000 sq.m. @ P 0,000.00 per sq.m.) .............. P 000,000.00
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6House (000 sq.m. @ P 0,000.00 per sq.m.) .............. 000,000.00
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6Processing Fee ........................................ 3,000.00
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7Titling Charges (4.5%) ................................ 00,000.00
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7 -------------
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7Total Package Price ................................... P 000,000.00
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7Estimated Loan Take-out ............................... P 000,000.00
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7Estimated Gross Equity ................................ P 00,000.00
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7Estimated 2nd Real Estate Mortgage .................... P 00,000.00
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7Net Equity/Downpayment ................................ P 00,000.00
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7 „„
71.) The total package price of
________________________________________________(P 000,000.00) Pesos, Philippine
Currency, shall be
paid by the SECOND PARTY to the FIRST PARTY at the office of the latter in Roxas
City, without the necessity of demand or of the services of
a collector in the following manner:
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7 ÐÐ
7 a.) P 5,000.00 - representing reservation fee, shall be paid upon
choosing of the unit and the signing of the Reser
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7vation Application on this unit;
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8 b.) P 00,000.00 - representing FULL DOWNPAYMENT, shall be paid
upon the signing and execution of this
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8agreement;
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8 c.) P 00,000.00 - representing the estimated UNPAID EQUITY shall be
paid in ________ (___) consecutive monthly
8 ÐÐ
8installments, beginning on the 30th day from the execution of this contract and
on the same date of each and every calen
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8dar month thereafter at the amount of ________________________________________
(P 0,000.00) Pesos, including an interest
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8at the rate of _____________ percent (__%) per annum; and
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8 d.) P 000,000.00 - representing the ESTIMATED LOAN TAKE-OUT shall be paid
thru the PAG-IBIG Expanded Housing Loan to
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8the FIRST PARTY, within six (6) months from the execution of this contract, or,
on or before _________, 1996;
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8 e.) Unpaid installment from the due date pertaining to 1-b), 1-c) or 1-
d) above will bear penalty charges at the
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8rate of five (5%) percent per month, compounded monthly.
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8 „„
8Provided that under 1-c, if the SECOND PARTY continuously fails or refuses to
pay and/or settle an accumulated two (2) consecu
tive delinquent monthly installment, as herein provided, within thirty (30)
days from and after the date the second delinquent monthly in
stallment became due and payable, any or all accounts due pertaining to 1-c of
this contract, together with the remaining outstanding bal
ance on account of the herein agreed purchase price prior to loan take-out, and
all interest charges as of date, shall become due and pay
able, automatically and without the need of any demand whatsoever; and, by the
failure of the SECOND PARTY to comply therewith within thirty
(30) days thereafter, the FIRST PARTY may proceed with the cancellation of
this contract, or seek court relief, in consideration of the
provisions of Republic Act 6552, if applicable, or by any other legal means;
9 „„
9Provided further, that should the estimated UNPAID EQUITY be adjusted by
reason of the fact that the estimated PAG-IBIG Housing
Loan take-out varies by any reason whatsoever, the parties likewise agree to
adjust the estimated UNPAID EQUITY , and fully pay or settle
the difference, if any, within one (1) month from the date the exact loan take-
out is determined;
2.) Upon faithful payment and compliance by the SECOND PARTY of all the
obligations herein stipulated, the FIRST PARTY agrees to exec
ute a final deed of sale in favor of the SECOND PARTY and cause the issuance of
a Certificate of Title in the name of the latter, free from
all liens and encumbrances, except those provided in the LAND REGISTRATION ACT
and the Subdivision Restrictions, as hereinafter specified,
or those imposed by the authorities.
The SECOND PARTY likewise agrees that the FIRST PARTY cannot be held
liable for any delay in the processing and release of the new
title for reasons not attributable to the fault or neglect of the FIRST PARTY.
3.) Only the SECOND PARTY shall be deemed, for all legal purposes to have
the right to take possession of the subject parcel of land
upon payment of the FULL DOWNPAYMENT amount provided however that his possession
in such case shall only be that of a tenant or lessee, and
subject to ejectment proceedings during the period of this agreement.
9 „„
9The SECOND PARTY may likewise build a house on the subject parcel of land upon
obtaining the written consent of the FIRST PARTY,
and upon securing the unpaid outstanding balance on the subject parcel of
land by an Insurance Coverage which will fully pay the said
unpaid account in case of the death or permanent disability of the SECOND PARTY.
4.) The SECOND PARTY hereby agrees and binds himself that the sale is
made subject to the following SUBDIVISION RESTRICTIONS to be
annotated on the new title when issued in favor of the SECOND PARTY:
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9a.) The subject lot/s herein maybe used only for residential or commercial
purposes, provided that the consent of the
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9(NAME OF PROJECT) Homeowner's Association is required in the latter case;
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9b.) Any renovations or improvements done on the original design of the house
should be made of strong materials and prop
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9erly painted. No part of the house or extensions shall be made of "nipa", and
must conform with the standards, rules and
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9regulations of the National Building Code (Pres. Decree No. 1096);
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10c.) The perimeter fence or wall that may be constructed for the subject lot/s
shall not exceed 3.00 meters from the level
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10of the ground;
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10d.) Commercial or advertising signs shall not be placed, constructed or
erected on the lot without the consent of the
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10(NAME OF PROJECT) Homeowner's Association;
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10e.) No cattle, pigs, sheep, chicken, goats, ducks, geese, rabbits, and the
like shall be maintained in the lot, except
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10pets which shall in no case be in commercial quantity;
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10f.) The FIRST PARTY grants unto CATV FILVISION ,INC. (Alto Cable) the sole and
exclusive authority to cable service (NAME
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10OF PROJECT) subject to the further assessment of the (NAME OF PROJECT)
HOMEOWNERS ASSOCIATION upon turn-over.
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10g.) The authorized representatives of the Owner/Developer, SHJ DEVELOPMENT
CORPORATION, (NAME OF PROJECT) Homeowner's
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10Association, or of any public service or utility company shall have the right
to enter the property at reasonable hours
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10for the purpose of inspection, measurement, relocation, survey, laying of
monuments, or placing necessary lines for water,
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10gas, electric power, telephone and other public services, and any
inconvenience or disturbance that might be caused there
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10by shall not be a ground for rescission or basis for an action for damages, or
other reliefs;
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10h.) Ownership of house and lot within (NAME OF PROJECT), carries with it the
absolute condition of membership in the (NAME
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11OF PROJECT) Homeowner's Association by the owner, his successors, or assigns;
and -
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11i.) The Owner/Developer, or SHJ DEVELOPMENT CORPORATION, its heirs, assigns or
executors, shall have full and free perpet
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11ual right and liberty - with motor vehicles of any kind, to use the roads
of the (NAME OF PROJECT), for any purpose,
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11whatsoever;
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11j.) The property shall not, in any manner or under any circumstances, be used
as a right-of-way or access to any adjoining
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11property or to any land not owned or developed by the FIRST PARTY.
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5.) The parcel of land subject of this agreement shall not be used for
illegal or immoral trade or activity.
6.) Any filling or improvement made and introduced by the SECOND PARTY on
the land shall be for his own exclusive expense and account
and should this contract be later canceled or terminated, the said filling or
improvement shall form part of and considered attached to the
land and shall become the property of the FIRST PARTY without obligation on
its part to indemnify the SECOND PARTY for the cost of value
thereof.
7.) The SECOND PARTY shall not be entitled to take or remove soil, stones
or gravel from the parcel of land subject of this agreement
or from any other lot belonging to the FIRST PARTY.
8.) If the lot subject of this contract is a perimeter lot of this
subdivision project, or one that adjoins a lot that is not owned by
the FIRST PARTY, the SECOND PARTY shall erect a wall or fence, six (6) feet in
height along the boundary or the side which adjoins the said
external lot, within one(1) year from the execution of this contract.
9.) In the event of new laws or ordinances, it shall not in any way defeat
or prejudice the rights already acquired by or vested on the
FIRST PARTY under this contract.
10.) Should the FIRST PARTY resort to the Courts of Justice in order to
eject the SECOND PARTY and/or for the protection of its rights
or redress of its grievances under this agreement, the SECOND PARTY agrees to
pay the FIRST PARTY, by way of Attorney's fees, a reasonable
sum which in no case shall be less than FIVE THOUSAND PESOS (P 5,000.00) if
the case is in the City Court, and additional SEVEN THOUSAND
PESOS (P 7,000.00) if the case is in or reaches the Court of First Instance and
further the sum of TEN THOUSAND PESOS (P 10,000.00) if the
case is elevated to any of the Appellate Courts, and, in addition, the costs
and expenses of litigation and damages, actual or consequen
tial, to which the FIRST PARTY may be entitled under the law; and that in all
these cases, the venue of any court action which may arise 11
ð12E121212°@ 12121212121212121212121212121212121212 12Šfrom this contract shall
be the court of proper jurisdiction in the City of Roxas, Philippines.
11.) The SECOND PARTY hereby represents that this entire agreement has
been read and/or translated to him in the language or dialect
known and understood by him.
12.) If there are two or more persons signing this document as "SECOND
PARTY", the said term whenever it appears herein, shall be
understood to refer to each and all of the said persons, and their obligations
and liabilities to the FIRST PARTY under the terms hereof
shall be understood to be joint and solidary or in solidum.
13.) Any provision in this contract found or declared void or invalid,
shall not vitiate or adversely affect the valid provisions
thereof.
14.) The words FIRST PARTY and SECOND PARTY, as used hereunder, shall
include their respective successors, assigns, heirs, administra
tors, and/or executors, and shall be understood to refer to the name or names
stated at the beginning of this instrument irrespective of the
gender.
15.) This document cancels and supersedes the stipulations, terms and
conditions provided in the Reservation Application executed by
the SECOND PARTY pertaining to the subject house and lot unit.
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IN WITNESS WHEREOF, the parties hereto have set their hands this
_________ day of _________________ 1996 at the City of Roxas, Philip
pines.
___________________________ ________________________
JOSE NERY D. ONG
_________________________
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12SIGNED IN THE PRESENCE OF:
________________________ ________________________
ACKNOWLEDGEMENT
WITNESS MY HAND AND SEAL, at the place and on the date written
above.
NOTARY PUBLIC
Doc. No. ______; Page No. ______; Book No. ______; Series of 1996