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LIQUIDATION AND ADJUDICATION OF HEREDITARY

COMMUNITY
PUBLIC DEED OF PARTITION AND ADJUDICATION.

In Quillota, Republic of Chile, at ……. January 2009,


before me, …………………………., Lawyer and Principal
Notary Public of the Judicial Department of Quillota, with
address at Pudeto Street N°398, Quillota, appear: Mrs.
…………… …………. , Chilean, employee, CNI and RUT
N°………………….., domiciled at Petorquita street N°…..,
Hijuela, passing through this one; Mrs.
………………………….. , Chilean, profession......, single, CNI
and RUT N°…………….., domiciled in street N°......,
Quillota; and Mr. ……………………………………… , Chilean,
profession……, single, CNI No. ………………, domiciled in
…………………; the adults appearing, whom I know
because they have proven their identities to me with
their identification cards already written down, and they
state:

FIRST: The appearing parties are the only ones


interested in the division of the assets left upon the
death of Mr. ………………………. , from his spouse Mrs.
………………………. and Mrs. ………………………….. . As there
are no prior issues to resolve, and they agree on the way
to carry out the division, by this act and in accordance
with the provisions of article 1,325 of the Civil Code, they
proceed to practice it, in accordance with the following
stipulations.

SECOND : BACKGROUND . The appearing parties declare


that on date…. On March 1978, in La Calera, the place of
his last residence, his mother and grandmother,
respectively, Mrs. Julia del Carmen Cordova Herrera,
died. That on January 9, 1980, his father and grandfather,
Mr. …………………………, died in Valparaíso, with his last
address being in Hijuelas. And that, on September 18 of
the year …………., in Quillota, his last address being in the
commune of Hijuelas, his sister and aunt died,
respectively, ……………... This is evidenced by an
effective possession order issued dated …….. of August
of the year 200.., by the Court of Letters of La Calera,
registering on page …… No. 613 in the Property Registry
of the year 200. of the Conservator of Real Estate of La
Calera, in whose margin are noted a resolution of the
same court dated June 11, 2000, which declared such
assignments exempt from payment of inheritance tax.
Likewise, it is stated in such resolution that the heirs of
……………………………….., of ………………………., and of
…………………………… ….., we are the appearing parties,
Mrs. …………………………………., in her capacity as
legitimate daughter of Mrs. ………………………. and Mr.
……………………………., and legitimate sister of
…………………………….. For her part, Mrs. ……………………….
and Mr. …………………………., by right of transfer from his
father …………………………….., who died on August 26,
1993, in both successions.
THIRD: The simple inventory of the assets
left upon the death of Mrs. ………………………., Mr.
………………………………., and Mrs. ………………… ……, was
formalized on September 10, 200……, in the Notary Office
of Mr. Jaime Morandé Orrego, in the city of Santiago.
FOURTH: The common body of assets left
upon the death of the deceased is made up of the real
estate located in the province of Quillota, Commune of
Hijuelas, Petorquita sector, Petorquita street corner of
…………………… street, today Petorquita Street No.
………….., which has the following boundaries: To the
North, with Gregorio Valenzuela; To the south, with
Petorquita street; To the East, with the People of the
American Union; and to the West, with property that
belonged to Don Adolfo Suarez. The special inheritance
registration is on page 1,509, return No. 614 of the
Property Registry of the year ……. at the Real Estate
Conservator of La Calera. Mr. Luis Segundo Pereda
Torrijo acquired his rights over the property in the
following manner: A.- By virtue of the mode of succession
due to death, upon the death of his parents Mr.
…………………………. and Mrs. ……………………… as
evidenced by the order of effective possession issued on
date……. of June 1969, by the Court of Letters of La
Calera, registered on pages ……. return, No. 1,453 in the
Property Registry of the year 196.. of the Registrar of
Real Estate of Quillota, in whose margin are noted
resolution of the same court dated…. of March 19…,
which declared such assignments exempt from payment
of inheritance tax. The special inheritance registration is
on page …… No. ….. from the property registry of the year
1969 of the Registrar of Real Estate of Quillota. The
aforementioned effective possession is re-registered on
pages ……. No.... in the Registry corresponding to the
year ... and the special inheritance registration, re-
registered on page …… No. 1,687 in the Property Registry
corresponding to the year ……, both from the Registrar of
Real Estate of La Calera.
B.- By transfer of rights of Mr.
Benedicto Segundo Pereda Torrijos, carried out by public
deed dated…. of October of the year ………, granted
before the Notary Public of Quillota, Mr. Miguel Varas
Espejo, registered on pages ………. No. 1723 in the
Property Registry of the year …… of the Real Estate
Registrar of Quillota.
C By transfer of rights of Mrs.
……………………………, carried out by public deed dated….
November 1970, registered on pages ……. No. 3,127 in
the Property Registry of the year….. of the Quillota Real
Estate Conservator.
D.- By transfer of rights of Mrs.
…………….., carried out by public deed dated ….. March of
the year ……., before the Notary Public of Quillota, Mr.
Miguel Varas Espejo, registered on pages …… vta. No.
549 in the Property Registry of the year …… of the Real
Estate Registrar of Quillota.
For its part, the rights of Mrs.
………………………. Herrera, who predeceased his spouse
Mr. …………………………., was constituted by the transfers
of rights made by his spouse over the aforementioned
real estate. And, finally Mrs. ……………………… as heir to
her parents Mr. ………………… and Mrs. ………………………….
FIFTH: In accordance with the provisions
of article 657 of the Code of Civil Procedure, the
appearing parties, unanimously, agree to appraise the
real estate that makes up the Common Body of property,
identified in the previous clause, in the sum of
$20,000,000. For such appraisal, the interested parties
have taken into consideration the current appraisals
determined by the Internal Revenue Service for the
purposes of paying land tax, its location, state of
conservation and destination, as well as the commercial
appreciation that the property has. as of today,
according to an estimate made by third parties, which,
since it is known to the parties, they agree not to insert.
SIXTH: Consequently, the Common Body of
assets totals the amount of $20,000,000 (twenty million
pesos).
SEVENTH: The appearing parties declare
that there are no pending issues regarding the existence
and determination of General Deletions of both
inheritances, as these have been paid with the civil fruits
of the property, therefore, the dividable liquid asset
corresponds to the sum of $20,000 ,000, which must be
distributed among those appearing in the following
manner: A.- 50% for Mrs. …………………………...- B.- 25% for
Mrs. …………… ………..; C.- 25% for Mr. Luis Alfredo Pereda
Peña; all of this in accordance with the provisions of
articles 984, 988 and 991 of the Civil Code.
EIGHTH: The appearing parties declare that
there are no fruits to distribute because they have been
destined to pay the general losses of the inheritance.

NINTH: The appearing parties,


for the purposes of the term of this community, have
proceeded to subdivide the property identified in the
fourth clause of this deed, as recorded in the Subdivision
Plan approved by the Works Directorate of the I.
Municipality of Hijuelas with date ….. of May 2008, added
to the end of the Registry of Property Documents of the
year 2008, under No. ………., in the Real Estate Registrar
of La Calera. In accordance with said Plan, the property
was subdivided into two lots, namely: LOT ONE: With an
approximate area of 2,180.12 square meters and the
following boundaries and particular measurements:
NORTH, in section EG, of 37.94 meters with current
succession José Valenzuela Bernal; SOUTH, in section
AF, of 45.51 meters, with Petorquita street; EAST, in
section FG, of 54.73 meters with Lot two, resulting from
this subdivision; PONIENTE, in section AE, 51.44 meters,
with Don Edmundo Huerta Maulén. Appraisal Roll 28-4 of
the Commune of Hijuelas- LOT TWO: With an approximate
area of 1,172.87 square meters and the following
boundaries and particular measurements: NORTH, in
section GD, of 22.00 with current José Valenzuela Bernal
Succession; SOUTH, in section FB, of 20.25 meters, with
Petorquita street; SOUTH-EAST, section BC, 4.00 meters
with the intersection of Petorquita and Unión Americana
streets; EAST, in section CD, of 52.49 meters, with Unión
Americana street; PONIENTE, in section FG, of 54.73
meters with Lot One of this subdivision. Appraisal role
28-15, from the Commune of Hijuelas.
TENTH: The daughters
corresponding to the heirs are informed in the following
way:

ELEVENTH: DOÑA'S DAUGHTER


…………………………….. There must be due to her status as
heir to her parents Mrs. ……………………………… and Mr.
…………………., and intestate heir to her sister Mrs.
………………… ……….., the sum of $10,000,000 (ten million
pesos), which is disclosed to you: a) Awarding you, for
the value of $10,000,000, LOT NUMBER TWO of the
subdivision of the real estate located in the Province of
Quillota, current Petorquita street No.……….., of the
Commune of Hijuelas, which is described and
individualized in the ninth clause of this instrument;
amount at which said lot has been valued, taking into
account that there is a residential house in it. Mrs.'s
assets are known…………………...

TWELFTH: DAUGHTER OF DOÑA


……………………….. AND DAUGHTER
………………………………...
There must be, together, the sum of $10,000,0000
(TEN MILLION PESOS), which corresponds to them, in
accordance with the right of transmission, by their
legitimate father Mr. ……………., in the inheritances of
their grandparents Mrs. … ………………. and Mr.
……………….., and his aunt Mrs. ……………….. They are
informed, awarding them in equal parts and for the value
of $10,000,000, LOT NUMBER ONE of the subdivision of
the real property located in the Province of Quillota,
current Petorquita street No.……………., of the Commune
of Hijuelas , which is described and individualized in the
ninth clause of this instrument; amount at which said lot
has been valued, taking into account that there are no
buildings on it. Mrs. ……………………'s assets are known.
and of gift ……………………...
THIRTEENTH: The awards are made in the
state in which the properties are currently located, with
everything built and planted in them, with their uses,
customs, active and passive easements, free of liens,
embargoes, litigation, responding to the succession of
sanitation action.
FOURTEENTH: The appearing parties declare
legally divided the assets left upon the deaths of Mrs.
…………………………, Mr. ………………. and from Mrs.
……………………………., having received in full agreement
the assets that have corresponded to them in this
partition and that they are granted in this regard,
reciprocally, the most complete settlement.

FIFTEENTH: The bearer of an authorized copy of


this deed is empowered to request the minutes,
annotations, registrations, re-registrations and sub-
registrations that may be necessary before the pertinent
Registrar of Real Estate.

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