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KNOW ALL MEN BY THESE PRESENTS:

This CONTRACT TO SELL is made and executed this ________________


and between:

____________________ of legal age, Filipino with residence and


postal address at ______________________, hereinafter referred to as the
"SELLER ";

-AND-

________________________, of legal age, Filipino, married and


with residence and postal address at _____________________, hereinafter
referred to as the "BUYER ".

WITNESSETH;

WHEREAS, the SELLER has offered to sell, transfer and convey to the
BUYER one (1) unit of Condominium hereinafter described, under the
following terms and conditions hereinafter set forth;

WHEREAS, the BUYER agrees to comply with the terms and conditions
set forth in the Deed of Restrictions set by ____________________________;

NOW, THEREFORE, in consideration of the foregoing premises, and the


payment of the contract price herein below specified, the SELLER its heirs,
successors and assigns has agreed to sell, transfer and convey to the BUYER
who has agreed to buy the condominium unit below described, under the
following terms and conditions hereinafter set forth, to wit;

UNIT PURCHASE

1. The Property subject of this CONTRACT is particularly described


as follows:

One (1) unit condominium covered by _________________ located at


___________________________.

2. The BUYER has examined the property thereon including the


plan and specifications. The BUYER should report within ten (10) days from
turnover of said unit any defects for proper remedy, repair or assistance from
the SELLER otherwise failure to do so shall be deemed as unqualified and
unconditional acceptance of the unit and shall constitute a bar for future
complaint or action.

PURCHASE PRICE AND TERMS OF PAYMENT

4. The Contract Price of the UNIT shall be: One Million Four
Hundred Fifty Thousand Pesos (Php1,450,000.00) payable in the following
manner:

a. PAYABLE IN PAGIBIG (Installment):


___________________________________
(Php_________________)

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b. DOWNPAYMENT TO THE SELLER: _______________
(Php___________).

c. BALANCE/PAYABLE TO SELLER: __________________


(Php_____________) payable in 24 months or 2 years at
_____________ (Php______________) per month.

5. The BUYER shall at its options, require during the lifetime of this
contact that the aforesaid obligation be evidenced by post-dated checks to be
issued by the BUYER to the SELLER or to deliver to the SELLER Twenty-four
(24) post-dated checks to cover the aforementioned installments for the
balance.

6. Installment Payment to PAGIBIG – the BUYER assumes the loan


of the SELLER with PAGIBIG. All installment payments shall be paid by the
BUYER or his authorized representative to the PAGIBIG principal office in Cebu
City without need of demand, and in case the BUYER fails to do so, the BUYER
is liable of the penalty or interest to be imposed by PAGIBIG.

7. The SELLER shall pay real estate tax and assessment on the
subject property without recourse to the BUYER. However, if the BUYER has
actually taken possession of and occupied the property, the BUYER shall be
liable to pay for such real property tax and assessment.

8. All expenses to be incurred to effect transfer of title in favor of


the BUYER, such as but not limited to documentary stamp taxes, transfer
taxes, registration fees, miscellaneous fees, notarization and similar expenses
shall be for the exclusive account of and paid for by the BUYER, as well as the
Deed of Absolute Sale withholding tax or capital gains tax which is based in
the selling price, shall be for the account of the SELLER.

CERTIFICATE OF OWNERSHIP/TITLE CONVEYANCE

7. The BUYER agrees to pay the same without need of demand.


Upon full payment and submission of the requirements for registration, the
BUYER has authorized the SELLER to cause the registration of the title to its
name upon payment of the expenses, which are for its account including
registration fees.

8. Upon payment by BUYER of the full amount of the purchase


price including loan installments, any and all assessments and expenses and
full compliance by the BUYER of all its obligations herein, the SELLER will issue
a Deed of Absolute Sale to convey title and ownership and all the rights and
interests in favor of the BUYER.

DEFAULT

9. Without prejudice to the rights of the SELLER to consider this


Contract as automatically terminated under Par. 7 & 8 hereof, should the
BUYER fail to pay any installment(s) due to the SELLER and the outstanding
loan in PAGIBIG when due, together with any interest as imposed, the rights
and obligations of the parties shall be as follows:

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a) Subject to the provisions of Republic No. 6552, otherwise known
as the Maceda Law, if the BUYER is in default in any installment due,
the BUYER shall be entitled to a grace period of sixty (60) days to make
the necessary payment, provided, however, that the BUYER shall avail
of such grace period only once during the entire term of the Contract.
Upon failure of the BUYER to update all outstanding installments within
the said grace period, the SELLER shall, at its own absolute discretion
have the right:

(i) to charge the BUYER a late payment charge at the rate of


two (3%) percent per month of the total amount due and
payable, computed from the due date of each installment,
and/or

(ii) to cancel and rescind this Contract after thirty (30) days
from receipt by the BUYER of the notice of cancellation or
demand for rescission of this Contract, by a notarial act
and all payments made by BUYER under this Contract
shall be forfeited as liquidated damages and/or
considered rentals for the use of the property.
Furthermore, the BUYER shall also be liable to pay the
total amount of interest in PAGIBIG as well as unpaid
taxes, assessments and association fees due and unpaid
to the SELLER.

b) In the event of cancellation of this Contract, the BUYER, should


he/she/it already be in possession of the property purchased shall become a
mere intruder or unlawful detainer of the same and may be ejected there from
by any means provided by law for trespassers or unlawful detainers. Should
BUYER fail to vacate the Property purchased within five (5) days from the
effective date of the cancellation of this Contract, the BUYER, in addition to
being liable for payment of monthly rentals, shall forfeit all improvements
thereon in favor of SELLER. In any event, the SELLER shall be at liberty to
dispose of and sell the Property and its appurtenances to any interested third
person.

c) The breach by the BUYER of any of the conditions or restrictions


contained in this Contract and his/her/its failure to remedy the same within
thirty (30) days from receipt of written notice from SELLER/ PAGIBIG shall
have the same effect as non-payment of the installments of the purchase
price.

DELIVERY

10. The title to the property, subject of this sale, shall remain in the
name of the SELLER until full payment of the consideration of the sale as well
as payment of the outstanding loan in PAGIBIG. After the aforesaid payments,
the SELLER its heirs, successors and assigns is duty bound to cause the
issuance/ execution of a Deed of Absolute Sale of the property free from liens
and encumbrance, Deed of Restrictions that shall be annotated unto the
certificate of ownership/title necessary for the proper management of the
property.

11. Delivery of the Property shall be provided as follows, namely:

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a) The SELLER shall deliver the property to the BUYER upon full
payment of the down payment or not later than __________. In the
event of delay due to fire, earthquake or other natural elements,
acts of God, war, civil disturbance, government and economic
controls, or any other cause beyond the SELLER’s control, the
SELLER may consider itself relieved of any contract, and it shall
reimburse the BUYER, without interest, for all amounts heretofore
received from the latter.

12. The foregoing stipulations, terms or conditions shall not be


amended, modified or in any manner altered or deemed waived by repeated
acts of inaction, tolerance or silence of the SELLER and/or the BUYER, as any
such amendments, modifications, alterations or waiver shall only be valid if
expressly made in a written directive duly signed and approved by the parties.

ASSIGNMENT

13. The BUYER shall not assign, cede, sell, transfer or in any manner
dispose of the Property subject of this Contract and no transfer or assignment
of rights or interest under this Contract shall be made by the BUYER without
the prior written conformity of the SELLER, violation of which renders such
transaction null and void.

TERMINATION OF CONTRACT

14. Except for non-payment of installments due which is governed


by the provisions of Par. 7, 8 & 9 thereof, it is herein expressly agreed that
upon violation by the BUYER of any of the covenants, terms and conditions
contained in this Contract, the SELLER shall have the right without need of
legal or court action to cancel or terminate this Contract upon written notice
to the BUYER.

15. In case of cancellation or rescission of this Contract in


accordance with the provisions stated herein, the SELLER is hereby appointed
as the BUYER’S attorney-in-fact vested with full authority and power to take
immediate possession of the subject property, together with the existing
improvements thereon, if any.

LITIGATION AND ATTORNEY’S FEE CLAUSE

16. In case any of the provisions, terms or conditions stipulated


herein is invalidated by order of the court in a judgment that has become final
and executory, such judgment shall not adversely affect any of the other
provisions not so expressly invalidated, which provisions terms or conditions
shall remain valid and effective. Any damage that maybe suffered by the
BUYER on account of such judgment shall be for its own account.

17. In case the BUYER including its heirs, successors and assigns
commits a breach of any of the stipulations herein provided, the SELLER is
entitled to bring suit to recover damages plus attorney’s fees, and no suit or
cause of action shall be instituted except before the proper courts of Cebu
City. This Contract states the entire agreement between the parties and the
SELLER is not and shall not be bound by any stipulation, representation,

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agreement or promises, whether oral or otherwise which is not contained in
this Contract or incorporated herein by reference.

IN WITNESS WHEREOF, the PARTIES hereto have signed this


CONTRACT TO SELL at _______________ , Philippines this ____________.

_______________________ ________________________
Seller Buyer

SIGNED IN THE PRESENCE OF:

________________________ _______________________

ACKNOWLEDGEMENT

REPUBLIC OF THE PHILIPPINES)


CITY OF CEBU…………. ) S.S.

BEFORE ME, a Notary Public in Cebu City, Philippines, this ________


came and appeared the following:

1.
2.

Known to me and to me known to be the same persons who executed


theforegoing instrument and they acknowledged before me that the same is
their free and voluntary act and deed.

IN WITNESS WHEREOF, I have hereunto set my hand and seal on the date
and the place above-written.

Notary Public

Doc. No. _______;


Page No. _______;
Book No. _______;
Series of 2018.

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