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CONTRACT TO SELL
F-___CTS No. WLV-____
West Lake Villa 3

THIS CONTRACT TO SELL, entered into this day of at Roxas


City, by and between:

JP ORLEANS REALTY DEVELOPMENT CORPORATION , a domestic corporation


duly organized and existing under Philippine laws, with principal office at P. Gomez St., Roxas City,
duly represented by its President, HANNAH ROSARIO O. ARCENAS, hereinafter referred to as
the SELLER;

-and-
____________, of legal age, Filipino, single, with residence/postal address at
_____________, hereinafter referred to as the PURCHASER.

-WITNESSETH-

For and in consideration of the sum of ______________ (Php______) only which the
PURCHASER has bound himself/herself to pay in the manner hereinafter specified, the SELLER has
agreed and contracted to sell to the PURCHASER:

Block No. Lot No. Area (sq. m.) Contract Price


Php

subject of the duly certified sketch plan of the lot purchase ( Annex A ) by Geodetic Engineer, and
duly signed by its SELLER and the PURCHASER showing its area, boundaries and dimensions of
property purchased in relation to the whole subdivision project. The purchase of the said property
shall be subject to the following terms and conditions:

1. The PURCHASER shall pay the purchase price of _____________ (Php_______) only
corresponding to the total area of _____ (____) sq. m. to the SELLER without necessity of
demand, in the following manner:

A. ________ only (P _________) Reservation Fee;

B. _____________ only (P_______) upon the execution of this Contract as


DOWNPAYMENT;

C. The amount of ______________ (Php________) only (with Php________promo


discount) to be paid for ____ (_____) Years in this following manners:

a. Zero interest rate for the 12 months with a monthly payment of


____________ (Php_______) only payable on _________ to _________.

b. On the Second Year, after the pay-off of TWELVE MONTHS ZERO


INTEREST, the remaining balance of __________ (Php______) only shall be paid
at the rate of twenty-one percent (21%) per annum at monthly amortization of
_____________ (Php_______) only payable on _________ and every month
thereafter until the account is fully paid.

2. There shall be a surcharge of THREE (3%) PERCENT based on the amortization due for
each month in arrears, a fraction of a month shall be deemed as a full month, compounded
monthly.
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3. In addition, the PURCHASER further agrees to pay the following:


a. Real Estate taxes and assessments on the property and/or its improvements
effective the year following actual possession by the PURCHASER;
b. Processing fee at a minimum of seven percent (7%) based on the agreed purchase
price, subject to increase depending on government rates. The processing fee
should be paid within four (4) months after full payment of the total contract
price, otherwise, penalty of three percent (3%) per month shall be charged on
delayed payment, with a fraction of a month counted as one whole month.
c. Homeowners Association Fee at the rate of Thirty Pesos per square meter
(P30.00/sq. m) based on the lot area of the subject property.

4. Upon complete payment by the PURCHASER of all the obligations herein stipulated, the
SELLER agrees to execute a Deed of Absolute Sale in favor of the PURCHASER and cause
the issuance of a certificate of title in the name of the latter, free from liens and encumbrances
except as provided in the Land Registration Act, those imposed by the authorities and those
contained in Nos. 6 & 7 of this Contract, and subdivision regulations imposed by the
SELLER. The sale or conveyance shall be registered within 180 days from execution by the
SELLER with the Register of Deeds concerned, subject to Section 25 of the HLURBs
Revised Implementing Rules and Regulations. The SELLER shall not be liable for delay in
the release of title for causes not attributable to it.

5. The PURCHASER may be allowed to enter and take possession of the property upon 100%
full payment of lot price including processing fee.

6. This Contract is subject to the following restrictions, which shall form integral parts hereof.

a. The property shall be used exclusively for residential purposes; it shall not be used for
illegal or immoral trade or activity;

b. The houses architectural designs must be based either on a MODERN CLASSIC


THEME or MODERN ASIAN THEME or at least resemble the afore-said THEMES
through its window sills, gutter lines and colors, preferably earth colors, etc. For this
purpose, the HOMEOWNER must submit for the approval of the DEVELOPER at least
thirty (30) days prior to house construction of the house architectural designs for approval of
the DEVELOPER;

c. All buildings/improvements to be constructed must be of relatively strong materials


(excluding nipa/bamboo), must be painted, all in accordance with the National Building
Code (PD 1096); and, must not be higher than 9.5 meters. The fences to be constructed
must be of grill or similar type, and shall not exceed 1.5 meters in height. The firewall
should not exceed 70% of the perimeter of the lot;

d. Upon commencement of house construction, the HOMEOWNER is obligated to:

I. Completely surround the work area with nylon sheets or tarpaulin to cover the
on-going construction unless concrete wall already exists to serve the
purpose;
II. No construction materials shall be placed/ stored at the road and/or sidewalk
as to obstruct traffic and/or can cause danger to motorist and pedestrian alike.
All such materials, like gravel, sands, hollow blocks, reinforcing steel bars,
wood, etc. shall be placed/ stored inside the HOMEOWNERS lot;

III. No construction work beyond 5 p. m. shall be allowed;

IV. Stay-in construction workers are prohibited from roaming in the subdivision
during the hours from 8 p. m to 5 a. m. They are likewise prohibited from
engaging in any gambling, drinking, and/or other activities, which will disturb
the peace, and order in the subdivision;
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V. Violations of any of the foregoing shall make the HOMEOWNER liable, not
only for the violation but for all the necessary consequences of such violation.

VI. The HOMEOWNER concerned hereby renders free and harmless the
DEVELOPER from any liability which may arise by reason of the violation
and/or as a consequence of the violation.

a. No cattle, pigs, sheep, goats, monkeys, rabbits, turkeys or similar animals shall be
maintained on this property except pets, but not in commercial quantity;

b. No hanging of clothes to dry in fence/gate in front of the house or in an area visible


along the subdivision road

c. Every building shall have a septic tank with minimum dimensions as required by sanitary
authorities, well-maintained at all times;

d. No soil and/or any other matter shall be taken out of the property and/or any other lot in
the subdivision, nor works undertaken to the prejudice of the subdivision; The SELLER
guarantees that the lot elevation, upon completion of the project will approximate that of the
riceland elevation outside or within the subdivision;

e. Become an automatic member of one (1) Homeowners Association. Membership shall


be binding upon the heirs, assigns and/or successors-in-interest and shall subject the member
to the Associations By-Laws and existing rules and regulations;

f. The representatives of the SELLER or of any public service or utility company shall have
the right to enter the property at reasonable hours for the purpose of inspection,
measurement, relocation, survey, laying of monuments or placing necessary lines for water,
gas, electric power, telephone and other public services and any inconvenience or
disturbance that might be caused thereby shall not be a ground for rescission or basis for an
action for damages or other reliefs;

g. The SELLER, its heirs, executors, administrators, and assigns shall have full and free
perpetual right and liberty, with motor vehicles of any kind to use the roads of this
subdivision project for any purpose whatsoever;

h. The property shall not, in any manner or under circumstances, be used as a right-of-way
or access to any adjoining property or to any land not owned or developed by the SELLER.

i. Trucks weighing 8 tons and above as well as 10 wheeler trucks are not allowed access
within the subdivision project.

7. Any filling or improvement made and introduced by the PURCHASER shall be for his/her
own exclusive expense. Should this contract be later cancelled or terminated, the said filling
or improvement shall form part of and considered attached to the land and shall become the
property of the SELLER without need of reimbursement.

8. The provisions of the "Realty Installments Buyers Protection Act" are hereby made integral
parts hereof:

a. Where the PURCHASER has paid at least two (2) years of installments and he/she
thereafter defaults, he/she has the right to pay, without additional interest, the unpaid
amortizations due within the total grace period earned fixed at the rate of one (1) month for
every one (1) year of paid amortizations, to be exercised once in every five (5) years of the
life of this Contract;

b. Where the PURCHASER has paid less than two (2) years of installments, he/she shall be
given a grace period of not less than sixty (60) days from the time the amortizations become
due to update his/her payments;
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c. If this Contract is cancelled, and the PURCHASER has paid at least two (2) years of
installments the SELLER shall refund to the BUYER the cash surrender value equivalent to
fifty percent (50%) of the total payments; and, after five (5) years installments, an additional
five (5%) percent every year but not to exceed ninety (90%) percent of the total payments.
The payment of the cash surrender value shall be made at the principal office of the
SELLER within thirty (30) days from the receipt by the PURCHASER of the notice of
cancellation or notarial demand for rescission of this Contract. Provided further, that should
the PURCHASER fail to collect the cash surrender value within said period, this Contract
shall be considered terminated upon the deposit in full of the cash surrender value to the
bank in favor of the PURCHASER;

d. Should the PURCHASER fail to pay any two (2) monthly amortizations, and the
PURCHASER has already availed of the grace period, this Contract shall, by the mere fact
of non-payment, become cancelled. Notice of cancellation on notarial demand for rescission
of contract shall be sent to the PURCHASER. Any and all sums paid under this Contract
shall be considered liquidated damages and/or rentals on the property. Should the
PURCHASER be in possession of the property, he /she shall be mere a intruder of the same
and maybe ejected extra-judicially as set forth in No. 5, hereof. Upon such default, the
SELLER shall be at liberty to dispose of said property inclusive of its improvements to any
other persons in the same manner as if this Contract had never been executed or entered
into;

9. The PURCHASER hereby agrees and commits to submit to the SELLER a building plan and
structural design analysis duly signed by civil/structural engineer for more than one (1) storey
residential house constructed for evaluation and SELLER will issue a written conformity in
favor of the PURCHASER, before any construction is made on the specified lot concerned.
Failure on the part of the PURCHASER to abide by this provision shall totally absolve the
SELLER from any and all liability arising from any defect in the foundation structural
design, without prejudice to any action, which shall be taken against the PURCHASER,
inclusive of the demolition and/or reconstruction of the structures.

10. Should the SELLER resort to the courts of justice for the protection of its rights under this
Contract, the PURCHASER agrees to pay the SELLER the amount of not less than FIFTEEN
THOUSAND PESOS (P15, 000.00) as and for attorney's fees, plus actual consequential
damages, expenses of litigation, and cost of suit;

11. This contract is without prejudice to the provisions of B.P. 220 on the maximum selling price.
The SELLER reserves the right to assess and collect from the PURCHASER an equitable
share for additional optional features on the property, which shall be above and over the
agreed purchase price and other stipulated obligations. However, the SELLER shall not levy
upon any property or collect fees for any community benefit, which is to be collected only by
the Homeowners Association with the consent of the majority of property purchasers
actually residing in the subdivision.

12. The PURCHASER shall have the right to sell his/her rights or assigns the same to
another or reinstate the contract by upgrading the account as provided for by Republic Act
Number 6552 (Realty Installment Protection Act). The SELLER shall likewise have the right
to demand the cancellation of this contract, subject to the provisions of the said Republic Act.

13. No mortgage shall be made by the SELLER without prior written approval of the Housing
and Land Use Regulatory Board (HLURB). Such approval shall not be granted unless it is
shown that the proceeds of the mortgage loan shall be used for the development of the
condominium or subdivision project and effective measures have been provided to ensure
such utilization. The loan value of such property covered by the mortgage shall be
determined and the PURCHASER thereof, if any, shall be notified before the release of the
loan. The PURCHASER may, at his option, pay his installment for the property directly to
the mortgagee who shall apply the payments to the corresponding mortgage indebtedness
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secured by the particular property being paid for, with a view to enabling said PURCHASER
to obtain title over the property promptly after full payment thereof.

14. The SELLER shall construct and provide the Facilities, improvements, infrastructures, and
other forms and development, including water supply and lighting facilities, which are
offered and indicated in the approved subdivision or condominium plans, brochures,
prospectus, printed matters, letters or in any form of advertisement, within one year from the
date of the issuance of the license of the subdivision or condominium project or such other
period of time as may be fixed by the HLURB.

15. The name of the broker/salesman who negotiated the sale is duly indicated hereon as witness
together with his Certificate of Registration number and renewal date, unless the sale is
effected directly by the SELLER, in which case, the name/signature of the broker/salesman
shall not appear as witness.

16. The PURCHASER hereby warrants that this entire Contract has been read, and/or translated
to him/her in the language or dialect known and understood by him/her;

17. All notices and correspondence of any nature sent to the PURCHASER by registered mail,
whether actually and personally received by him/her or not, at the above address shall bind
the PURCHASER;

18. The terms of this Contract shall be binding on the parties, heirs, assigns, and/or successors-
in-interest.

19. This Contract cancels and supersedes all previous contracts between the parties and the
same shall not be considered as revised, modified, altered, or any way amended by acts of
tolerance by the SELLER unless such changes, modifications, alterations, or amendments are
made in writing and signed by both parties to this Contract.

20. The SELLER of a subdivision or shall initiate the organizations of a homeowners


association among the buyers and residents of the project for the purpose of promoting and
protecting their mutual interest and assist in their community development.
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IN WITNESS WHEREOF, the parties have hereunto signed these presents, on the date and
the place above-written.

JP ORLEANS REALTY
DEVELOPMENT CORPORATION
Owner

By:

HANNAH ROSARIO O. ARCENAS ______________________


President Purchaser

-SIGNED IN THE PRESENCE OF-

__________________________ __________________________

ACKNOWLEDGEMENT

REPUBLIC OF THE PHILIPPINES)


Roxas City )

BEFORE ME, a NOTARY PUBLIC for and in the City of Roxas, on this _______ day of
_________________, 201_, personally appeared:

Name I.D. No. Date/Place Issued


Hannah Rosario O. Arcenas 184810725 _______________________
__________________ _________ ________________________

known to me and to me known to be the same persons who executed the foregoing CONTRACT TO
SELL, signed by the parties and their witnesses, consisting of six (6) pages, inclusive of the notarial
page, and acknowledged to me that the same is their free and voluntary act and deed and of the
corporation represented.

IN WITNESS WHEREOF, I hereunto set my hand and affix my notarial seal to

Doc. No. _________


Page No. _________
Book No. _________ NOTARY PUBLIC
Series of __________

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