Professional Documents
Culture Documents
“ANNEX A”
- in favor of -
China Banking Corporation, a commercial banking corporation duly organized and existing
under and by virtue of Philippine laws, with principal office at 8745 Paseo de Roxas corner
Villar Street, Makati City, hereinafter referred to as the “ASSIGNEE”.
WITNESSETH: THAT
WHEREAS, the ASSIGNEE requires that any availment by the ASSIGNOR on the
Accommodation shall be implemented/evidenced by an assignment to the ASSIGNEE of the
ASSIGNOR’s rights, titles, interests and participation in the various Contracts to Sell with its buyers and
the properties thereof subject to the terms and conditions of the Agreements mentioned in the first
WHEREAS clause;
NOW, THEREFORE, for and in consideration of the foregoing premises, the ASSIGNOR hereby
agree as follows:
THE ASSIGNOR hereby assigns, transfers and sets over unto the ASSIGNEE all its rights, title
and interest in and to the Contract/s to Sell enumerated and described in the List of Assigned
Receivables hereto attached to form an integral part hereof as Annex “A” including any and all sum of
money due and payable to the ASSIGNOR, the properties pertaining thereto, all replacements,
substitution, increases and accretion thereof and thereto which the ASSIGNOR has executed with its unit
buyers and all moneys due or which may grow due upon the sales therein set forth.
For purposes of this ASSIGNMENT, the ASSIGNOR hereby delivers to the ASSIGNEE, which
hereby acknowledges receipt of the following documents evidencing the ASSIGNOR’s title, right, interest,
participation, and benefit in the assigned Installments Account Receivables listed in Annex “A” and made
an integral part hereof.
The ASSIGNOR does hereby appoint herein ASSIGNEE to be its irrevocable true and lawful
agent or representative, for it and in its name and stead, but for such ASSIGNEE’s own benefit, (1) to
sell, assign, transfer, set over, pledge, compromise, enforce, or discharge the whole, or any part of said
assignment; (2) to do all acts and things necessary or proper for any such purpose; (3) to ask, collect,
receive and sue for the moneys due, or which may grow due upon said assignment; and, (4) to substitute
one person or more, with like powers; hereby ratifying and confirming all that said agent or representative
or his substitute or substitutes, shall lawfully do by virtue hereof.
All reasonable expenses, such as but not limited to, document preparation, notarization, telex,
cable, insurance and registration except documentary stamps and premium payments for the HIGC
Guaranty shall be for the account of the ASSIGNOR.
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The ASSIGNOR shall collect all payments of the buyer and deposit the same in its account with
the ASSIGNEE under Account No. ____________ at any of the ASSIGNEE’S branch offices. The
ASSIGNEE is hereby authorized to debit the said account and apply the same for payment of the
ASSIGNOR’S obligation. The ASSIGNOR hereby agrees that it cannot withdraw from the said account
without the express written consent of the ASSIGNEE.
The ASSIGNOR does hereby agree that the ASSIGNEE may, at its sole option, reassign, sell,
transfer or otherwise dispose of, or encumber or create a lien or liability thereon in favor of any third party
the properties and account receivable and any right, title and interest therein acquired under this
ASSIGNMENT.
1. That the amounts set forth in various Contracts to Sell are due and owing from the buyers
of the ASSIGNOR and that said buyers are in conformity with this assignment.
2. That no payment has been made by the buyers to, or for the benefit of, the ASSIGNOR.
3. That no defense, offset or counterclaim thereto exists, and that no agreement has been
made under which the buyers may claim any deduction or discount, except as otherwise
stated in the claims or accounts.
4. That said claims or accounts have not been sold, assigned, transferred or pledged; and
that, aside from the ASSIGNOR, no person or persons, corporation or corporations, has
or have, any lien on, or claim to, said accounts, as described therein, or any part of
thereof.
1. That the buyers will accept and pay in full for the house and/or lot described in their
respective Contract/s to Sell.
2. That the ASSIGNOR will receive, as the property for the ASSIGNEE, any checks, drafts,
moneys or credits applicable to the accounts, which shall, at any time, come into the
possession or control of the ASSIGNOR, and will immediately endorse, transfer and
deliver the same to the ASSIGNEE.
IN WITNESS WHEREOF, the ASSIGNOR has caused this ASSIGNMENT to be signed on the date and
place first mentioned above.
By:
__________________________________
(ASSIGNOR)
By: __________________________________
(ASSIGNEE)
_________________________ _______________________________
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ACKNOWLEDGMENT
BEFORE ME, a Notary Public for and in the above jurisdiction, this ______________, personally
appeared:
Known to me and to me known to be the same person who executed the foregoing DEED OF
ASSIGNMENT consisting of __ pages, including this page on which this Acknowledgment is written,
signed by the party and his instrumental witnesses on each page, and he acknowledged to me that the
same is his voluntary act and deed, as well as the voluntary act and deed of the corporation he
represented, he being duly authorized for the purpose.
WITNESS MY HAND AND SEAL on the date and place first above-mentioned.