CONTRACT TO SELL

KNOW TO ALL MEN BY THESE PRESENTS:

This CONTRACT made and entered into by and between:

CORDOVAN VIEWLAND HEIGHTS REALTY CO., a domestic partnership organized under Philippines laws and with address at Davao
City, Philippines represented in this instance by JUPITER T. BATIANCILA, its General Manager, hereinafter referred to as the FIRST PARTY;

-and-

_____Eva V. Davis______________, of legal age, Filipino, widow/single/married to _____Chris Davis_____________________and a

resident of ___61B Gentle Breeze Subd., Mandawe City, Cebu_______________, hereinafter referred to as the SECOND PARTY;
WITNESSETH

WHEREAS, that the FIRST PARTY, is the Attorney-in-fact of the Land Owner by virtue of the Joint Venture Agreement signed between
them and said properties described therein is subject for lot partitioning, sale and disposition, and said property is situated in San Miguel.
Peñaplata, Island Garden City of Samal, Davao del Norte, covered by Certificate of Title No., (P-16452) P-5965. registered with the Registry of
Deeds for the City of Davao;

WHEREAS, that the FIRST PARTY has agreed to sell unto and in favor of the SECOND PARTY, its ownership, rights and interest known as Blk. No.
___5_____Lot No. /Nos. __21________with an approximate area or a total of __One hundred eighty five__ (_185__) square meters, more or
less being part and portion and surveyed under of the aforesaid property, for the following terms and conditions provided hereunder;

NOW THEREFORE, for an in consideration of the foregoing premises we do hereby agree as follows:
1. That the total selling purchase price of the aforesaid lot is in the amount or total of
One hundred twenty five thousand thirteen & 75/100 __(P_125,013.75 )
Philippine Currency for the above lot/s due and payable in the manner and within the period as follows;
a. The amount ________N/A-Cash to cash Basis__________________________________________________________________________
(P_______________) PESOS, which were duly received by the FIRST PARTY, shall be considered as full/partial Down Payment upon
signing and execution of this deed;
b. The balance of _______________________________________________________________________ (P_____________________ __)
PESOS after the deduction of said Down Payment shall be payable within the period of ________two_____________(__2__) month/s
with corresponding monthly installment payment of
___________________ _______________________________________________________ (P______________________) respectively;
c. The due date of the monthly payment shall start on the day of ____________ __, __________and for every monthly succeeding
thereafter until fully paid, provided, its payment be remitted to the FIRST PARTY;
2 The permanent lot assignment shall be done after full down payment in cash amount and in compliance of other requirements. Discount
of _____________________ (_____ %) from the total selling price be availed of for outright cash full payment in the lot purchase.
Likewise a ____________ (_______ %) discount for three (3) months good as cash will be availed of. However, all forms of payment full
cash payment of through installment basis, the processing for the individual titling of the lot shall always start on the twelfth (12) month
and its awarding of the new title is after the termination and full payment of this contract;
3. This Contract to Sell shall continue to be valid only if the Second PARTY pays the first down payment on due date. If no such payments
were made, this Contract is deemed cancelled and withdrawn without need of notice and the FIRST PARTY is free to sell the Property to
any person;
4. Prior to making this Contract, the SECOND PARTY inspected the Property, reviewed its plans and specifications and verified its physical
condition and found the same acceptable;
5. The Reservation Fee is not refundable. If the FIRST PARTY and the SECOND PARTY agree on the purchase during the
reservation period and the SECOND PARTY pays the first down payment on due date, the reservation fee may be credited to the
total purchase price.
6. Without need of prior notice or demand on the SECOND PARTY, the FIRST PARTY can cancel this Contract to Sell and forfeit all the
SECOND PARTY’s payments as liquidated damages if any of the following events happen:
6.1 The SECOND PARTY fails to pay the daily payment equivalent to one (1) month installments, and/or subsequent
monthly amortizations as they fall due equivalent to two (2) cumulative monthly installments and/or any of the charges and
expenses arising from this transaction including but not limited to registration, insurance and maintenance fees;
6.2 The SECOND PARTY fails to submit the loan requirements to the FIRST PARTY and/or the SECOND PARTY fails to
sign and return to the FIRST PARTY all the required contract documents pertaining to this Contract as prescribed under the FIRST
PARTY’s policies;
6.3 Withdraw or cancel this Contract for any reason whatsoever;
6.4 This Contract is non-transferrable and the SECOND PARTY transfers or assigns this Contract without the FIRST
PARTY’s written approval;
6.5 The SECOND PARTY defaults on any of the obligations or covenants under this Contract;
7. At its sole discretion and without need of the SECOND PARTY’s consent, the FIRST PARTY may approve, reject or withdraw a previous
approval and/or otherwise impose additional or different payment conditions for the approval of this Contract.
8. If for any reason the Property subject for this Contact is no longer available for sale to the SECOND PARTY, the FIRST PARTY may at its
option cancel this Contract and refund to the SECOND PARTY all payments the SECOND PARTY have made net of lawful deductions
without any further liability, or to substitute the Property with another property of comparable area and price under such terms to be
agreed upon between the FIRST PARTY and the SECOND PARTY;
9. in making this Contract , the SECOND PARTY have not relied on and will not bind the FIRST PARTY to any representation, promise or
warranty by any person except those made to the SECOND PARTY in writing by the FIRST PARTY’ authorized representative or otherwise
embodied in this Contract;
10. This Contract is subject to evaluation and approval by the FIRST PARTY’s authorized officers
11. All payments under this Contract will be paid on their due dates without need of notice or demand. Such payments cannot be
suspended or deferred by a reason of a pending request with the FIRST PARTY for extension, restricting, substitution of property or other
revision in the terms and conditions of this Contract. If required, the SECOND PARTY will issue postdated checks to fully cover the
payments of all amounts due under this Contract.
12. The FIRST PARTY shall levy a late payment charge of 3.0% monthly on all sums due and unpaid under this Contract. The penalty will be
based on the overdue amount for delays correspondingly to a month or a fraction of a month.
13. The SECOND PARTY shall make all payments thru the Cashier/Treasurer at the FIRST PARTY’s Head Office or thru other payment
arrangements approved by the FIRST PARTY in case of dispute, proof of payment shall consist solely of a validated Official receipt issued
by the FIRST PARTY’s Cashier/Treasurer;
14. All the SECOND PARTY’S payments shall be applied to the following obligations in this order (i) payment of reimbursement and other
charges including but not limited to insurance premiums, real property taxes, and maintenance of repair fees, (ii) late payment charges
(iii) interest and then principal amortizations. This payments and (iv) interest and then principal amortizations. This application of
payment can be changed only with the FIRST PARTY’s written consent.
15. If for whatever reason, the SECOND PARTY have not received a copy of the Contract to Sell, the SECOND PARTY agrees to continue to be
bound by the terms of this Agreement and the SECOND PARTY agrees to continue to be bound by the terms of this Agreement and the
SECOND PARTY will continue to pay all due payments and/or amortizations until they are paid in full;
16. Beginning from the date of the SECOND PARTY’s actual or constructive acceptance of the Property, the FIRST PARTY shall charge the
SECOND PARTY a monthly repair and maintenance fee equivalent to 1% of Total Contract Price for as long as the SECOND PARTY do not
actually take physical possession of the property. The property is deemed accepted (i) on the date specified in the Notice of Turn-over if
the SECOND PARTY fails to inspect the Property, or (ii) when the SECOND PARTY actually occupies the Property, or (iii) when the SECOND
PARTY introduces improvements, alterations or furnishing into the Property or (iv) in any other manner by which delivery is made to the
SECOND PARTY as BUYER.
17. The SECOND PARTY shall pay the Real Property Tax (RPT) on the Property on the year the title is transferred in the SECOND PARTY’S
name. If title has not been transferred on the SECOND PARTY, the SECOND PARTY shall pay the RPT the year following either (i) the
SECOND PARTY’S signing the Certificate of Acceptance on the date specified in the Notice of Turn-over, or (ii) the issuance of Approval to
Construct;
18. The SECOND PARTY conforms to the Deed of Restrictions of the property. The SECOND PARTY agrees to join and be bound by the rules
and regulations of the hometown association, including the payment of association dues and other fees.
19. The SECOND PARTY, who is the undersigned Buyer, certifies that the SECOND PARTY agrees to the terms and conditions governing this
sale transaction. The SECOND PARTY further attests to the correctness of the personal information stated in the Purchase Application
Form.
20. The SECOND PARTY shall be permitted by the FIRST PARTY to construct temporarily as to what he/she desires to construct such as “nipa
house”/non-concreted house or could start putting up fence on the said lot, provided that 75-80 % of the total lot price has been paid.
Otherwise, the desire of construction would fail. Furthermore, completion of payment which is 100% of the Total lot price shall enforce
the FIRST PARTY to permit or allow the SECOND PARTY to construct the desired construction of the latter party (SECOND PARTY) as
mentioned as to concrete construction, whatsoever.

IN WITNESS WHEREOF, the parties have hereunto set their hands this ________ day of _________________, _________ at Davao city,
Philippines.
CORDOVAN VIEWLAND HEIGHTS REALTY CO.
By: SECOND PARTY
By:
JUPITER T. BATIANCILA
General Manager/CVHRC Eva V. Davis
LOT BUYER

WITH MARITAL CONSENT

_____Chris Davis____
BUYER/SPOUSE

Signed in the Presence of:

__________________________________ ________________________________

Republic of the Philippines)

_____Davao City________) S.S.

BEFORE ME, this ___________day of _______________, 20_____ at __________________________personally appeared the following:

NAME Comm. Tax Cert. No. Date/Place Issued

_Jupiter T. Batiancila____ ________________ ___ _____________________
_Eva V. Davis_____________ ________ _______ _____________________
_____________________ ___ _________________ ___ _____________________

Known to me and to me known to be the same persons who executed the foregoing instrument and acknowledged to me that
the same is their free and voluntary act and indeed and those of the partnership represented.
The foregoing Contract to Sell consist of two (2) pages including the page on which acknowledgement is written,
signed by the parties and their instrumental witnesses.

Doc. No. __________;

Page No.__________;
Book No.__________;
Series of __________;