Corporation to disconnect or cut-off the water service or other utility service connection of any Unit where the unit

owner is delinquent 10 the payment of assocratron dues, or special assessments, or real estate taxes, or monthly
amortizations, or advances by the DECLARANT, or any other financial obligations of the unit owner to the DECLARANT and/or Developer. The water or other utility service connection shall only be restored and re-connected
upon full settlement of the delinquency. Further, the unit owner hereby expressly waives his right to obtain an injunction or restraining order from the courts or other quasi judicial or administrative agency which will prevent the
DECLARANT or Corporation from disconnecting or discontinuing the supply of utilities to the unit and the unit owner hereby holds the DECLARANT or Corporation free and harmless from any claims or actions for damages
and DECLARANT or Corporation shall not be answerable for any civil or criminal liability arising from the exercise by the OECLARA.NT or Corporation of such rights as a result of unit owner's default or delinquency.
In addition thereto, if the member's unit in the Project is being leased and his default has lasted for more than thirty (30) days, the Corporationhas
the right to demand and receive from the unit owner's lessee the rent
from such lease; up to an amount s~ffic~ent to pay the amountassessed
including ir:lterest, if an~. Such pay~ent
rent to the Corporation sha~l be su-rryclent discharge of su~h lease as between the lessee ~nd the mer:nber to ~he
extent of the amount t6l5epaW:-ror
this purpose, the unit owners of the Corporation hereby hind themselves to incorporate a provrsron to this effect 111 the lease contract, If any, of thcir-urrirs-cn the Project. Notwithstanding
.such agreement, howcvcr.rhcfailure
.of.tbe.lessee to pay the asscssmcm sha!l not relieve the member of the liability to pay for such assessment.
_
.
It the Corporation IS compelled to file suitfor the collection of overdue assessments, delinquent unit owners shall be liable for the expense of collection and attorney's fees equivalent to at least twenty five percent
(25%) of the amount due but in no case less than P25.000.00, plus costs of suit.
The Corporation may. in case of delinquency or default, take the following actions:

or

(a)
Post the names of delinquent members in conspicuous place(s) within the premises of the Projects.
(b)
Prohibit and/or prevent the removal of furniture, fixtures, equipment or other items from the affected unit of del~~nt
m~'1!9!!: unt~
assessments, dues and other liabilities of the del!!:L~~!nb~r
of the
--corporariOi1tl<i'\7Cl5eel1
fullysaT~
-- -------- ----(c)
Enter into and take physical possession ofthe unit of the defaulting member for the use and benefit of the Corporation for such period of time as may be necessary to liquidate the sum or sums of money payable
and outstanding including the lease of such unit to interested partylies under such rate as may be acceptable to such interested partylies and apply to rental payment to liquidate the member's delinquency.
(d)
Enforce other sanctions even if the unit owner is updated in the payment of utility charges and the like to enforce the collection of all assessments as approved by the Corporation.
(e)
To buy or re-acquire the unit of the guilty / defaulting member at original acquisition cost from the Developer.
(f)
Foreclose on the any unpaid assessment and lien on the Unit as if a mortgage has been executed thereon and also on the appurtenant interest of the unit owner in the Corporation.
The amount of any unpaid assessment, including any association dues, assessments or charges, interest and penalties due thereon in case of delinquency, the costs of collection and/or suit (including attorney's fees, if
any) (such unpaid amounts hereinafter collectively referred to as "Assessments")
shall constitute a lien on the Unit so assessed and on the appurtenant interest of the unit owner in the Corporation.
Except as otherwise provided
in this MASTER DEED or in the Condominium Act, the lien for unpaid assessments and/or association dues hereunder shall be superior to all other liens and encumbrances.
Such lien shall be constituted and enforced, or the
amount of assessments otherwise collected, in the manner provided in the Condominium Act or By-Laws of the Corporation.
Every unit owner appoints the DECLARANT or the Corporation as his attorney-in-fact
as regards
the annotation of said lien with the Registry of Deeds and on the foreclosure thereof.
In case of foreclosure (upon which the Corporation is expressly given, by the unit owner by virtue hereof, the special authority to possess
the Unit, and to execute, deliver the necessary documents therein), the transfer or conveyance, as well as the redemption of the delinquent unit shall include thc unit owner's appurtenant membership in the Corporation.
The
Developer as well as the Corporation shall have the power to bid at the foreclosure sale.
It is understood however that the above provisions shall not be applicable to the commercial units, commercial areas and commercial parking slots.
SECTION 26.
Real Property Taxes and Other Impositions.
.
Each residential unit owner and residential parking slot oWf!er shall be responsible for th.:: payment of real property ~axes and other charges and a~sessments accruing o~ his unit. The value/acquisition
by a residential
U111towner or residential parking slot owner of a residential U111tor residential parking slot actuallyincludes
his proportional right on all common areas to include land. Each U111towner shall execute such instrument and take

f;~R~~~~;
~~~,

t~~S~~;~~~~e~~~g_~~~~.i

~~~i~~~ttl~lnu~tog:~~r~i~i;{;g
a~d t~~C~~;t~~n o~r~~~
~~re~~~~s:~dot~~~~~~~ign~no~ ~~~e~ei~de~tii~?~~i~,np~~~ig~o~~~t~~dl ~o~~~~~~o~~::~~aWtter~~~~tg~e
mposition for the units (whether
Considering that the Corporation shall hold title to the land on which the building is constructed and the common areas in the Project, corresponding taxes thereon shall be shared by all the unit owners in the Project
following the formula as in Section 24 (Assessments) above. Since the value and right to a unit includes its proportionate share on the common area and the land, its tax declaration value may already include that share and the
individual tax declaration and corresponding tax payment will already cover the common areas and the land.
~
For purposes of payme1.1t oft~xes and other impositlon~ herein .mentioned, the unit owner, his assigns, l.essees and heirs, is liable upon avail~bility. ?fthe unit, whether ~ctual~y or constructively receive.
Further, each commercial U111towner and the commercial parkmg slot owner shall bear and be responsible for the real estate tax and other tmposrtron on the commercial U111t,commercial parking slot and common
areas pro rata.
SECTION

27.
Insurance.
In view of the fact that the building is built of reinforced

concrete and all common areas are practically

of non-combustible

materials, the Corporation

may opt not to secure fire insurance for the building and common

areas.
In case however, the Corporation decides to secure fire insurance coverage and such other extended coverage as are common, usual and customary for this building type, the premium on such policy shall be considered
as an operating expense of the Corporation and shall be assessed against each residential unit owner and residential parking slot owner and collected in accordance with the usual collection procedure. The authority to adjust
losses under the policy or policies shall be vested in the Corporation; provided, however, that an aggrieved member may ask that the determination and/or the adjustment of losses under the policy or policies be referred to a
reputable insurance adjuster acceptable to both parties. However, each commercial unit owner and the commercial parking slot owner shall bear and be responsible for the insurance premium on the commercial unit, commercial
parking slot and common areas pro rata.

SECTION 28.

Contents Insurance.

Nothing herein contained shall be construed to prohibit any unit owner from taking out an insurance coverage for his unit contents therein, provided, however, that the insurance that will be secured for the unit a
or the improvements or contents shall not diminish or decrease the amount of the insurance for the buildings and the common areas nor such additional insurance diminish or decrease the responsibility and/or liability of the
owner in his share in the premium for the insurance obtained for the buildings and the common areas.
.
Any unit owner who secures a separate or additional insurance coverage for his unit shall be understood to be guided by the conditions of this Section.
.
SECTION 29.
Insurance
Claims: Dissolution & Reconstruction.
Unless the conditions for the dissolution of the Corporation exist as required by Republic Act 4726 and the required vote of the members decide for dissolution, the proceeds of the insurance policy shall be usedfor
the reconstruction or repair ofthe buildingls or any part of the buildingls or parts thereof. Reconstruction or repair as used in the present context shall mean restoring the building or parts thereof to the same condition as it existed
before or prior to the damage, loss or destruction with each unit and the common areas having the closest approximately possible to the same horizontal or vertical boundaries as before.
from any sp~~~~f ~~~rto~~e~r~~:~~~i~~f ~~~~~~!~~!st~ I~o~he:!~:~tOt~a~~~~~o:i~flu~!tdnf~~J~~aj~fi~i~~ec~~~~gc~?s~~ea t~p~~~aln~!s~~!~ec~~~~l?~:~~a~!~~
be determined in a special meeting of the members of the Corporation called for the purpose.
Notwithstanding
this procedure, if the reconstruction
is demanded by the exigencies of the time and the proceeds of the insurance policies

~1~~J~~~~~J~:~late b~or:~~:~ ~; s~~h ~~~~n~~~ned~1~Tu~r~~~~~e~~~s~~~~~~

are insufficient

to cover the reconstruction

cost, the Corporation

may

~~!t

g~~~~a~~~~

~~~cee~~:~~s~f~~~~~?P~~:~!lt~7 :~~~~~Ytl~'~~~~r~~~~heep~~~~~oeg~!
~i~~~~~cr:~vi~~~~eo;et~~nis~~~~~i~~eJn~~~;:i~~~IS1~~~~~~~~~j:~~70 ~~~l~~~_~[~~~n~~c~f
c~~~~~~~ ~~e~~g~e~~l~~~~~;;st~:~i~~uFa~ ~~~ ~~~~O~~I~~~
of the Corporation and the conditions for dissolution as provided for by law are present.
.
In the ~vent that reconstruction is not resorted to by the Corporation and the dissolution of the Corporation is approved by the members, the proceeds of the insurance policy/ies shall be paid to the unit owners or
their mortgagees, If any; the latter gettmg only such amount corresponding to the mortgage loan or as can be accommodated
with the pro-rata proceeds considering the area of the unn. The excess, If any, shall be paid to the
mortgagor of the unit.
. It is understood that the distribution or division of the proceeds to the unit owner or his mortgagee, if any, shall be done only after the accountability of the unit concerned with the Corporation before dissolution, is
fully satisfied.
SECTION 30.
Obligation of Buyers of Condominium
Units Under a Deferred (Installment)
Payment Plan.
Upon the availability ofthc unit, the buyer under a deferred (installment) payment plan, the buyer shall be liable for all the obligations, assessments,
of Incorporation and By-laws of the Corporation. In the meantime that all payments of all installments have not been effected and title has not been transferred
poration.
SECTION

and taxes provided for in this MASTER DEED and in the Articles
to the buyer, the DECLARANT, shall act as his proxy in the Cor-

31.
Mortgage Protection.
Notwithstanding
all other provisions hereof
.
(a) Any registered mortgage over the unit shall be considered to be superior over that or an unregistered lien over the property. It is provided that the dues forthcoming from the unit arising out of any assessment,
whether regular or special, if still unpaid at any foreclosure proceedings, shall at all times be satisfied before any new evidence of ownership and/or title is issued in the name of the purchaser on foreclosure
by the proper government agency or instrumentality.
The foreclosing mortgage shall cover for the full amount paid by such mortgagee to the Corporation relative to the account of the subject unit with the
Corporation.
(b) Any purchaser of a unit in the Corporation, before any certification from the Corporation is issued as required by the Register of Deeds in registering the transfer of title to the unit, shall clear the unit from any
accountability with the Corporation.

SECTION 32.
Rights of Transferee,
Purchasers,
Tenants, Occupants
and Future Owners.
All present and future unit owners, tenants or occupants of units in the Project shall comply and be subject to the provisions of the Condominium Act, the Articles of Incorporation and By-Laws of the Corporation,
the MASTER DEED, the House Rules, and such other administrative and policy guidelines as may be issued from time to time by the Corporation.
The rights of present owners, tenants or occupants may be exercised by all
transferee/s, subsequent purchaserls of unit/s in the Project.
SECTION 33.
Eminent Domain.
In the event of an actual and threatened taking of all or any portion of any unit or the common areas, the unit ownerls hereby appoint/s the Corporation and such persons as it may delegate to represent the ownerls and
the Corporationin
connection with such taking. The Corporation shall act.at its discretion with respect to any award being made in connectlO.n with the taking and shall be entitled to make a voluntary ~ale (if legally possible).
-=-t~~~~~~~:!~~~~~~~tiat7~d~~~~~~e~~~~o~:~~~~sb;o~i~n~~i~~c~o:~~~dt;~r:~~n~\~h~~

~~~~~~~eth~r;. d~~J1s I~(~~~~t:gt~

the unit owners directly affected and the Co~oratton

as the_:~se may b~~~~~_b!:~..~o_the p~ior ~ghts of

SECTION
jogging
_

34.
Reserved Rights.
Notwithstanding provisions to the contrary, the Developer reserves and shall have the right to use the Amenities described in Section 5 paragraph B (2) (c), which include the clubhouse, recreation area. garden/lawn,
path, lap 8001s, kiddie pools, adult pool, Gazebo. Further, notwithstanding
turn-over of the common areas in the Project to Corporation, the common areas mentioned in the Section 5 paragraph B (3) hereof (t'Com-

~~;~!a!nLdr;~~:~e2~nl~~hjrll~s:~
~~ea~x~lu~i~~c:~dd :~~~~~al~i~h~i ~~ ~~~ faid~t~~~!~c?~
t~fn~~ede~~~~~~~ l~~~~,t~:h~ll;e~~~~~~~~~,
~~~ec~~~~~~i~lt;~;~~~~~.~~~~~~i~t!~~:i~~~,Cbourn~;~~~~~~t-~~~~~--jntroduc.e...i.m.p.rement'Wlud.str.uclures
thereon. sUGh-as.Blit-net-timitcd-to-advertisemcnt
billbnard5",l:1)TllflnlTllcafii5flal1fenfffile,etc-:, including lease whole or part thereof to third parties, without obtaining or securing the consent
or approval of the Corporation.
At:Jy an<;lall income and benefits derived therefrom sh~1l pertain tothe Developer, Further'. notwithstandingthe
provisions of Section 3~,<Amendment), any amendment of this provision upon
the instance of the Corporation which WIll result m the Impairment, diminution, reduction. temunatron
or rmposttton of additional burdens, hens, and/or terms and conditions upon such perpetual and exclusive reserved rights
granted herein to the Developer shall be made only upon affirmative vote of two-thirds (2/3) of the total equity interest in the Corporation, including the commercial areas/units, at a meeting duly held in accordance with the
By-Laws ofthe Corporation.
SECTION 35,
Enforcement
Waiver.
The Corporation or any unit owner shall have the right to enforce by proceedings in law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions
of this MASTER DEED, the Articles of Incorporation and By-Laws of the Corporation, or any amendment thereto, including the right to prevent the violation of any such restriction, conditions, covenants, or reservations and
the right to recover damages or other dues for such violation; provided, that the Corporation shall have the exclusive right to enforce assessrncnts or liens and/or liens or the House Rules. The failure of the Corporation or any
unit owner to enforce covenant, condition or restriction herein contained in any instance or at any particular occasion shall not be construed as waiver of such right on any future breach of the same covenant, condition or restriction.
SECTION 36.
Non-liability
of Officials.
To the fullest extent permitted by law, the Board of Trustees or any member of the Board or Committee shall not be liable to any member of the Corporation for any damage, loss or prejudice suffered or claimed on
account of any decision, approval or disapproval of plans or specifications made in good faith and within what such Board, Committee or person reasonably believed to be within the scope of their duties.
SECTION

37.
Separability.
The invalidity of any provision
sions have never been included.

in this MASTER

38.
Amendment.
At any time prior to the conveyance
DEED may be amended only by the affirmative
cordance with the By-Laws of the Corporation.

DEED shall not in any manner affect the validity of the other provisions

therein, and those other provisions

shall continue

in effect and valid as if such invalid provi-

SECTION

to and acceptance of the Project by the Corporation, the DECLARANT

may unilaterally amend this MASTER DEED. After such conveyance and acceptance, this MASTER
vote of the unit owners whose equity interest in the Corporation constitutes at least a simple majority of the total equity interest in the Corporation, at a meeting duly held in ac.

SECTION

39.
Termination.
The termination of this Project and the Corporation
and applicable laws ofthc Philippines.

IN WITNESS

WHEREOF,

DECLARANT

established

in connection

SM DEVELOPMENT

therewith

CORPORATION

shall be governed

by the provisions

has caused this instrument

of Republic Act No. 4726, otherwise

to be executed

by its duly authorized

known as the Condominium

officers this

Act and other pertinent

day of

at

SM DEVELOPMENT
CORPORATION
DECLARANT
By:
(Original Signed)_
ROGELIO
R. CABUNAC
President

(Original Signed)
SANDRO VICENTE P. JAVIER
Assistant Vice Presiden
SIGNED IN THE PRESENCE

OP:

(Original Signed)
CARLO O. ALAMPAY

(Original Signed)
MARLON Q. MELORIN
ACKNOWLEDGMENT

REPUBLIC
Pasay City
BEFORE

OF THE PHILIPPINES)
)S.S.
ME. a Notary Public for and in the City

of Pasay this J 3th day of May 20 J 0, personally appeared:

Government 10 No.
CTC # 0024737
Driv, Lie. NI5-66-033307
Driv. Lie. NOI-85-01546

Name
SM Development Corporation
Rogelio R. Cabuftag
Sandra Vicente P. Javier
known to me and to me known to be the person who executed

the foregoing

instrument

and who acknowledged

DatelPlace Issued
01.07.09 I Pasay City

to me that same are their free and voluntary

act and deed and that of the Corporation

herein represented.

This instrument relates to a Master Deed and Declaration of Restrictions of the WIND Residences condominium project being constructed on portions of three (3) parcels ofland all located at Maharlika West, Tagaytay City
and more particularly described in Transfer Certificate/s of Title No/s. T-67225, T-34850 and T-25247 of the Registry of Deeds ofTagaytay City, which portions measure a total area of THIRTY ONE THOUSAND NINE HUNDRED FIFTY EIGHT (31,958) Square Meters, more or less.
This instrument
and every page thereof.
IN WITNESS
Doc. No. 201
Page No. 42
Book No.9
Series of 20 I0

consists of twenty two (22) pages including this page where this acknowledgment
WHEREOF,

I have hereunto

is written, is signed by Rogelio R. Cabuftag and Sandra Vicente P. Javier and their instrumental

set my hand and affixed my seal on the date and place first above stated.
(Original Signed)
JOSEFINA WAN-REMOLLO
NOTARY PUBLIC
UNTIL DECEMBER 31.2011
PTR No. 1601987/ JANUARY 07. 2010 / PASAY
IBP No. 8050541 JANUARY 04. 2010 I BULACAN
ROLL No. 36042

witnesses

on each