Vous êtes sur la page 1sur 21

Reset Form:

Rancho Costa Verde - Check List

Name(s) Russell, Sr. Gregory E. Lot Number 64-13-6


Date Today 3/15/2015

1- CHECKLIST
2- WORKSHEET
3- TRUTH IN LENDING
4- PROMISSORY NOTE
5- PURCHASE AGREEMENT
6- CC&RS READ AND RECEIPT ACKNOWLEDGMENT
7- ACH/CC LOAN (Provided Separately)
8- ACH/CC DUES (Provided Separately)
9- COPY OF VOIDED CHECK (ACH LOAN / DUES)
10- EXHIBIT A MASTER PLAN
11-EXHIBIT B LOAN PAYMENT SCHEDULE
12-EXHIBIT C PAYMENT OPTIONS
13-EXHIBIT D BUILDING GUIDELINES
14-EXHIBIT E STATEMENT OF UNDERSTANDING
Monies collected paid by

DEPOSIT DOWN PAYMENT PAYOFF DUES FEES

Comments:____________________________________________________________________
$1000 deposit by credit card Amex.
______________________________________________________________________________
______________________________________________________________________________
Due in 30 days. Card to be charged 3/20/15
I have completed, signed and dated all necessary documents (listed above) for processing to
complete purchase of property.

Client Signature:________________________________________Date: 3/15/2015

Client Signature:________________________________________Date: 3/15/2015

Client Signature:________________________________________Date: 3/15/2015

Client Signature:________________________________________Date: 3/15/2015


Rancho Costa Verde Information Sheet
Date 3/15/2015 Gen Payam Manager Roxy

Tour Guide Roxy

Parcel# 64-13-6 Source: Radio CASH FINANCE

Buyer #1 Russell, Sr. Gregory E. SSN 0620 (last 4) DOB: 4/24/1954


Buyer #2 SSN: DOB:
Buyer #3 SSN: DOB:
Buyer #4 SSN: DOB:
Citizenship USA Address 3719 Virginia Road
City Los Angeles State CA Zip 90016
Home phone 310-793-6731 Business As above
Email address Gmpllc@yahoo.com
Emergency Contact Phone
Method of Deposit: Credit Card Check Cash
Credit Card / Check # 9290 (last 4 of Credit Card only)
Exp. Date 10/16 Security Code # 0187
Billing Name Gregory Russell Address: As above
As above
Phone As above
Inventory Price: $ 19,500 # of Payments
Discount $ (5,000) APR 0.00%
$ Amount Financed
New Price: $ 14,500.00 Monthly Payment
Total Payments Finance Charge
Final Purchase Price $ 14,500.00 1st Payment Date:
Down Payment $ 1,000.00
Percentage 0.00% Current annual dues
Dues Collected Prorated Dues
Total Due
Amount Received Today $ 1,000.00
Total Due at Closing: $ $ 13,500.00 Closing Date 04/15/2015
I hereby authorize Rancho Costa Verde to run a credit history verification report.
Buyer:_____________________________Buyer:______________________________
Buyer:_____________________________Buyer:______________________________
TRUTH-IN-LENDING DISCLOSURE STATEMENT
(THIS IS NEITHER A CONTRACT NOR A COMMITMENT TO LEND)
Applicants: Russell, Sr. Gregory E.

Property Address: 64-13-6Rancho Costa Verde, Hwy 5 KM 52.5, Ensenada Baja California, Mexico
ANNUAL PERCENTAGE RATE (the cost your credit as a yearly rate): 0.00%
FINANCE CHARGE (The dollar amount the credit will cost you):

AMOUNT FINANCED (The amount of credit provided to you on your behalf):

TOTAL OF PAYMENTS (The amount you will have paid after making all payments as scheduled):

PAYMENTS: Your payment schedule will be:

Number of Payments:

Amount of Payments:

When Payments Are Due (Monthly Beginning):

DEMAND FEATURE: This obligation does not have a demand feature.

VARIABLE RATE FEATURE: This note does not contain a variable rate feature.

CREDIT LIFE/CREDIT DISABILITY: Credit life insurance and credit disability insurance are not required
to obtain credit, and will not be provided unless you obtain it from a third party.

INSURANCE: No insurance is required to obtain credit.

SECURITY: You are giving a security interest in the property being purchased.

LATE CHARGE: If a payment is more than 10 days late, you will be charged 5% of the payment.

PREPAYMENT: If you pay off early,

You will not have to pay a penalty.

You will not be entitled to a refund of part of the finance charges paid.

ASSUMPTION: Someone buying your property may not assume the remainder of your loan on the original
terms.

See your contract documents for any additional information about nonpayment, default, any required
repayment in full before the scheduled date and prepayment refunds and penalties.

THE UNDERSIGNED ACKNOWLEDGES RECEIVING A COMPLETED COPY OF THIS DISCLOSURE

____________________________ 3/15/2015 _______________________________ 3/15/2015


(Applicant) (Date) (Applicant) (Date)

____________________________ 3/15/2015 _______________________________ 3/15/2015


(Applicant) (Date) (Applicant) (Date)

Frank A Ingrande______ 3/15/2015


(Lender) (Date)
Promissory Note
BY THIS PROMISSORY NOTE, the undersigned unconditionally promises to pay to the order of RANCHO
COSTA VERDE, S. de R. L. de C. V., in Tijuana, Baja California, and its successors and assignees (the "Holder")
the amount of $ Dollars ( U.S. Cy.).
plus Interest at the rate of 0.00% per year on unpaid balances from this date until that of final payment, on
Payments hereunder shall be made in equal monthly consecutive installments of $ plus an administration fee
of $4.25 on the day of each month until (the "Maturity Date") with any remaining principal
balance hereunder being due and payable in full on the Maturity Date. The unpaid principal balance of the Note shall
bear interest computed on the basis of a year consisting of three hundred sixty (360) days for the actual number of
days elapsed in a month (which results in higher interest, charge of fee payments than if a three hundred sixty-five
(365) day year were used) from the date hereof through the Maturity Date.
All payments of principal and interest and other amounts hereunder shall be payable in lawful money of the United
States to the order of Holder and delivered to Holder at such place as the Holder may from time to time designate to
the undersigned ("Maker") in writing.
Each payment shall be credited first to the late charges, collection costs, and penalties, then to interest due and the
remainder to principal, and interest shall thereupon cease upon the principal so credited. Unpaid interests shall bear
like interests as the principal hereunder, until paid, but in no event shall the total interest Charged hereunder exceed
the maximum rate of interest permitted by law. Maker promises to pay Holder (i) a late charge of five percent (5%) of
the installment due or the maximum amount permitted by law, whichever is lesser, for each monthly installment more
than ten (10) days in arrears and (ii) a returned check charge of $15.00 for each occurrence in the event Maker shall
pay any installment by personal check returned to Holder for failure of Maker to maintain sufficient funds in the
account upon which such check is drawn. Upon default in payment of any monthly installment, the entire principal
amount then outstanding and accrued interest thereon shall become due and payable immediately at the option of
Holder.
In the event of default, the undersigned agrees to pay additional interest of three percent (3%) per year on
unpaid balances, from the date of default to that payment.
The undersigned waives protest, presentment, notice of protest, non-payment or dishonor of this Note, and in the
event that legal action shall be necessary to enforce this. Note, agrees to pay reasonable - attorney's fees, cost, and
necessary disbursements there under.
This Note shall be governed by and construed in accordance with the internal laws of the State of California.
The invalidity, illegality, or unenforceability of the remainder of this Note, and to this end, the provisions of this
Note are declared to be severable.
This Note shall be the joint and several obligations of all Makers, sureties, guarantors, and endorsers, and shall be
binding upon them and their successors and assignees. However, this Note may not be assumed without the prior
written consent of the Holder. Any attempt to do so shall be void.

The owner of this Promissory Note entitled to receive payments of principal and interest pursuant to this
Promissory Note shall be reflected at all times upon books maintained by ResortCom International, L.L.C.
(together with its successors and assigns, the Transfer Agent), as agent of the undersigned Maker(s) for such
purpose, and all transfers, including pledges, of the ownership of this Promissory Note, or any interest herein,
must be reflected in a book entry in the record of ownership maintained by the Transfer Agent that identifies the
owner of the principal and interest payable pursuant to this Promissory Note. For purposes of this paragraph, a
book entry is defined as a written record of ownership (maintained on paper and/or in magnetic or electronic
media) that identifies the holder of an interest in principal of, or stated interest on, the evidence of indebtedness
represented by this Promissory Note. This Promissory Note may not be endorsed in blank, made payable to
bearer or otherwise transferred in such a manner that the Promissory Note could become a bearer instrument.

3/15/2015 0620
_________________________
Maker Date SSN (last four digits)

3/15/2015
_________________________
Co-Maker Date SSN

3/15/2015
_________________________
Co-Maker Date SSN

3/15/2015
_________________________
Co-Maker Date SSN
THIS AGREEMENT (THE AGREEMENT) IS ENTERED INTO BY AND BETWEEN
RANCHO COSTA VERDE S. DE R.L. DE C.V., HEREIN REPRESENTED BY MR.
FRANK ANTHONY INGRANDE (HEREINAFTER, THE PROMOTER) AND
Russell, Sr. Gregory E.
(HEREINAFTER THE PURCHASER), PURSUANT TO THE FOLLOWING
RECITALS AND CLAUSES:

RECITALS

I. Promoter, through its legal representative, declares that:

a. Its a company duly organized and validly existing under the laws of the United Mexican
States according to public instrument number 24899, Volume 1471, dated June 25, 2008;
granted before attorney Juan Jose Thomas Moreno, Notary Public number 7 of Tijuana,
Baja California, Mexico, and duly registered in the Public Registry of Property and
Commerce of Tijuana, Baja California, Mxico on July 14, 2008 under entry number
28303*2.

b. Mr. Frank Anthony Ingrande has all the necessary authority and faculties to execute this
Agreement on behalf of Promoter according to public instrument number 25301, Volume
1504, dated September 25, 2008; granted before attorney Juan Jose Thomas Moreno,
Notary Public number 7 of Tijuana, Baja California, Mexico and duly registered in the
Public Registry of Property and Commerce of Tijuana, Baja California, Mxico on
October 21, 2008 under entry number 28303*2.

c. Its duly registered with the Federal Taxpayers Registry with code RCV-080625-NF9.

d. On October 1, 2013, it acquired from Mr. Gilbert Garcia (hereinafter G. Garcia) the
real estate property identified as Parcel 64 Z-1 P1/1 with an area of 109-73-99.76
hectares, located in the Ejido Las Delicias, Delegation of Puertecitos, Ensenada, Baja
California, Mxico (hereinafter Parcel 64), as evidenced in public deed number
110447, Volume 1479, dated September 10, 2013; granted before Rodrigo Armada
Osorio, Notary Public number 3 of Ensenada, Baja California, Mexico, and duly
registered in the Public Registry of Property and Commerce of Ensenada, Baja
California, Mxico on October 1, 2013, under entry number 5262931 (hereinafter the
Public Instrument).

e. Is currently in the process of developing a tourist residential community in Parcel 64 in accordance


with Promoters plans, guidelines and specifications, as same may be amended from time to time
(hereinafter the Master Plan), same which shall be identified as Rancho Costa
Verde (hereinafter the Rancho Costa Verde Development), for which purposes, Promoter shall,
among other actions, (i) subdivide Parcel 64 into individual lots as described in the Master Plan; (ii)
perform the urbanization and infrastructure works in Parcel 64 as described in the Master Plan; and
(iii) obtain the necessary governmental authorizations to constitute a fractional development of
Parcel 64 in accordance with the Master Plan and the laws of the State of Baja California, Mxico.
A copy of the Master Plan is attached hereto as Exhibit A.
f. Purchaser wishes to purchase certain individual lots that will result from the development
of the Rancho Costa Verde Development; and that in accordance with said offer, it has
agreed to execute this Agreement in order to establish the terms and conditions under
which it shall transfer the possession, domain, title and ownership of the referred
individual lots to Purchaser.

II. Purchaser, declares that:

a. He/she is a citizen of USA

b. He/She has all the necessary authority to execute this Agreement.

c. He/She acknowledges and understands that Promoter is currently in the process of


developing the Rancho Costa Verde development and that said tourist residential
development shall be created by Promoter in accordance with Promoters Master Plan
and the laws of the State of Baja California, Mxico.

d. He/She has reviewed the Master Plan and desires to select and acquire certain individual
lots that will result from Promoters subdivision of Parcel 64, and which are identified in
Promoters Master Plan.

e. He/She wishes to acquire from Promoter the referred individual lot(s) once Promoter has,
in accordance with Promoters Master Plan (i) subdivided Parrcel 64 into individual lots
as described in the Master Plan; (ii) performed the urbanization and infrastructure works
specified in Promoters Master Plan; and (iii) obtained an authorization to constitute a
fractional development of Parcel 64 in accordance with the Master Plan and the laws of
the State of Baja California, Mxico.

f. He/She has reviewed this Agreement and its in agreement with its terms and conditions.

g. He/She desire to enter into this Agreement with Promoter in order to establish the terms
and conditions under which it shall acquire from Promoter the possession, domain, title
and ownership of certain individual lots within the Rancho Costa Verde development.
NOW THEREFORE, the parties hereto agree to grant the following:

CLAUSES

First. to acquire and transfer the Property.

1.1 Based on the recitals of Promoter and Purchaser and subject to the terms and conditions of
this Agreement, the parties hereby agree to execute a purchase agreement or any other
instrument afforded by Mexican law (the Final Agreement), in order for Promoter to
transfer to Purchaser or to any other third party designated by the Purchaser, and for
Purchase to acquire from Promoter, the possession, domain, title and ownership of the
individual lots identified in the Master Plan as lots 64-13-6 (hereinafter the Property)
and all rights and interest therein, free and clear of any liens, encumbrances or limitations
of domain, and current in the payment of all taxes, fiscal contributions and governmental
fees under the terms and conditions of this Agreement.

1.2 In the event that Purchaser is a foreigner, the transaction whereby the Property shall be
transferred to Purchaser shall be by means of a trustee designated by Purchaser, whereby
the trustee shall be a banking institution duly authorized by Mexican law to operate as
such, and the trust agreement shall have the following basic purposes:

(i) That the trustee appointed by Purchaser will be the owner of the Property, allowing
Purchaser to use and enjoy the Property in any lawful manner;

(ii) That Purchaser may lease or grant the legal use of the Property to third parties up to
the maximum term permitted by law;

(iii) That the trustee, pursuant to the instructions delivered by Purchaser, will transfer to
third parties that have the legal capacity to acquire the, all or part of the Property with
the Purchaser being entitled to receive the amount of the consideration paid for the
Property;

(iv) That the Trustee, in accordance with the instructions delivered by Purchaser, will
mortgage or encumber the Property, in any manner whatsoever, for the purpose of
guaranteeing any obligations acquired by Purchaser;

(v) That after the expiration of the term of the trust, the trustee shall transfer the Property
to any other purchaser or person designated by the Purchaser, provided, however,
that such any other purchaser or person designated by Purchaser is legally entitled to
acquire same, being the product of such sale delivered to Purchaser.

1.3 Any of the above-mentioned purposes shall be in accordance with the Mexican legislation,
and all expenses, taxes, fees, and dues derived from the formalization and recordation of
the trust agreement shall be borne by Purchaser.

Second. Purchase Price and Form of Payment.

2.1 The price of the Property (hereinafter the Purchase Price) shall be the amount of US
- $ 14,500.00 ( 14,500.00 Dollars, Legal Currency of the United States of
America), such amount shall be delivered by Purchaser to Promoter on the Closing Date
after Promoters execution of the Final Agreement.
2.2 Purchaser may pay the Purchase Price of the Property in partial payments, in which event
Purchaser, upon the execution of this Agreement and to secure the sale of the Property by
Promoter, agrees to deliver the amount of US $ 1,000.00 ( 1,000.00 Dollars, Legal
Currency of the United States of America) to Promoter.

2.3 The remaining balance of the Purchase Price, which an amount equal to US
- ( Dollars, Legal Currency of the United States of America) shall
be paid by Purchaser to Promoter over a period of months in monthly payments of
US ( Dollars, Legal Currency of the United States of America)
(hereinafter the Partial Payments). The monthly payments referred to herein shall be
payable by Purchaser commencing on and/or if in Partial Payments in
accordance with the schedule of payments attached hereto as Exhibit B (hereinafter the
Payment Schedule).

2.4 The parties agree that the Partial Payments set forth in the Payment Schedule are
established in accordance with the work progress of the Master Plan for the development of
the Rancho Costa Verde Development, and Purchaser agrees to carry out the Partial
Payments of the Purchase Price on the dates set forth in such Payment Schedule, with the
understanding that Purchaser may request from Promoter the status of the work progress of
the Master Plan.

2.5 Purchaser will pay the Purchase Price for the Property by means of a check, credit card,
deposit or wire transfer made to any of the bank accounts indicated by Promoter in the
document attached hereto as Exhibit C, and the proof of such payment will be the
documentation issued to the Purchaser by the Bank Institution wherein such payment is
made. Purchaser will be obligated to notify Promoter of any deposits and/or wire transfers
made in terms of this Agreement and to include the following information in such notice:
(i) full name; (ii) description of the Property; and (iii) proof of payment.

2.6 Purchaser will carry out the payments of the Purchase Price in the terms set forth in this
Agreement, and in the event Purchaser makes any Partial Payments of the Purchase Price in
terms other than those set forth in this Agreement, neither the dates nor the amounts to be
paid shall be modified, and the terms, and the established periods of this Agreement shall
not be extended.

2.7 Promoter has the discretionary authority to send monthly statements of account or Partial
Payment reminders to Purchaser. However, failure to issue and/or receive such statements
of account will not release Purchaser from his payment obligations in the terms
contemplated in this Agreement.

Third. Obligations of the parties.

3.1 The parties hereby agree to carry out the following actions in order that Promoter may
transfer the Property to Purchaser:

3.1.1 Obligations of Promoter:

(i) To subdivide Parcel 64 into individual lots as described in the Master Plan;
to perform the urbanizatrion and inftrasturcture works of Parcel 64 as described in the
Master Plan; and to obtain the necessary governmental authorizations to constitute a
fractional development of Parcel 64 in accordance with the Master
Plan and the laws of the State of Baja California, Mxico.

(ii) To deliver ownership and possession of the Property to Purchaser upon the
execution of the Final Agreement with Purchaser and to formalize such
Final Agreement before the Notary Public designated by Promoter,
transferring the ownership of the Property pursuant to the provisions of this
Agreement, and in accordance with the applicable laws of Mexico.

(iii) To deliver the Property to Purchaser free from liens and up to date with
regard to the payment of taxes, fees and contributions, until the execution
date of the Final Agreement.

3.1.2 Obligations of Purchaser:

(i) To pay the Purchase Price and any other amount covenanted in this
Agreement to Promoter in the terms and conditions set forth in this
Agreement.

(ii) To coordinate and carry out payment of the connection fees of any utilities
to be installed in the Property in accordance with the Master Plan, and to
pay any taxes, fees, dues, and disbursements generally arising from the
ownership, use, and exploitation of the Property.

(iii) To authorize Promoter to introduce any modifications to the Master Plan


and the development of the Rancho Costa Verde Development that may be
imposed by the competent authorities from time to time, or that are made
evident as a result of technical or legal requirements during the execution of
the Master Plan, provided that they do not involve any significant or
substantial alteration of the purpose of this Agreement. Such modifications,
when resulting from reasonably unforeseeable causes, must have the
approval of Purchaser if they entail modification of the Purchase Price.

(iv) To designate a beneficiary in case of death (hereinafter the Designated


Beneficiary), who shall notify Promoter of in the event of Purchasers
death, in which case the Designated Beneficiary will continue to perform the
obligations set forth in this Agreement, or this Agreement shall be
terminated and a contractual penalty shall apply regarding the withholding
of 100% (one hundred percent) of the total amount of the Partial Payments
made by Purchaser until the date of its decease.

(v) To pay all taxes, fees, expenses, and notarial and/or fiduciary fees to be
incurred in connection with this Agreement and the Final Agreement,
including all necessary registrations before the Public Registry of Property
and Commerce and any other governmental authorities.

(vi) To comply with all the provisions of this Agreement.

(vii) To pay all maintenance fees to be set by the properties owners within the
Rancho Costa Verde Development, including, without limitation, the
maintenance fees to be established upon the incorporation of the fractional
development that will encumber the Property.

(viii) To grant in favor of Promoter, a power of attorney for acts of irrevocable


ownership, that shall be ratified and formalized in the Final Agreement.
This is due to the fact that if Purchaser fails to comply with any of the
obligations set forth in this Agreement, or with the obligations that may
result from it, Promoter may transfer to a third party, the title, ownership
and possession of the Property in the name of and in behalf of Purchaser. In
such case, Promoter shall deliver to Purchaser the price agreed upon for the
Property less 40 % (forty percent) as liquidated damages in consequence of
the non-performance of Purchasers obligations hereof, and the obligations
that may result from the formalization of the Final Agreement, including,
without limitation, the payment of the maintenance fees that shall be paid by
the owners of the Rancho Costa Verde Development.

3.2 Promoter reserves the Property as guarantee, in the event Purchaser fails to comply with
any of the obligations stated in this Agreement.

3.3 Purchaser hereby authorizes Promoter to encumber the Property, in any manner, and at
any time prior to the execution of the Final Agreement, provided that Promoter will
release such encumbrance upon the execution of the Final Agreement.

Fourth. Transfer of the Property.

4.1 The physical, legal, and material possession of the Property will be delivered by
Promoter to Purchaser at the moment of execution of the Final Agreement in the terms of
this Agreement. Such delivery will be carried out once each and all of the obligations of
this Agreement are complied with, or at the time determined by Promoter.

4.2 The parties agree that Promoter may deliver the Property to Purchaser in advance,
provided that both parties agree in writing.

Fifth. Execution of the Final Agreement.

5.1 The execution of the Final Agreement shall be subject to the punctual compliance of each
of the obligations of the parties stated in this Agreement, including, without limitation,
the following conditions:

5.1.1 The subdivision of Parcel 64 into individual lots as described in the Master Plan;
the performance of the urbanization and infrastructure works of Parcel 64 as
described in the Master Plan; and the delivery of the necessary governmental
authorizations to constitute a fractional development of Parcel 64 in accordance
with the Master Plan and the laws of the State of Baja California, Mxico.

5.1.2 Purchaser shall have properly complied with all its obligations established in this
Agreement, and in particular, the total payment of the Purchase Price.

5.2 Once the conditions referred to in Section 5.1.1 and 5.1.2 above have been fulfilled,
Promoter will proceed to notify Purchaser of the tentative date for the execution of the
Final Agreement.
Sixth. Purchasers construction on the Property.

6.1 The limitations of use, density, and the rules, guidelines, specifications, style, and all
architectonic details, specifications and restrictions applicable to any constructions to be
made within the Rancho Costa Verde development are established in the construction
guidelines and regulations prepared by Promoter (hereinafter the Construction Internal
Guidelines and Regulations). A copy of the Construction Internal Guidelines and
Regulations is attached hereto as Exhibit D.

6.2 In the event Purchaser desires to perform any constructions in the Property, Purchaser
will submit Purchasers construction plans and projects in writing (hereinafter the
Architectonic Project) for Promoters review and written authorization. Purchasers
Architectonic Project shall be made in accordance with the Construction Internal
Guidelines and Regulations, the Master Plan and all laws, regulations and standards
applicable to constructions in the Municipality of Ensenada, Baja California, Mexico.

6.4 Promoter will have a maximum term of 30 business days as of the date in which
Promoter received Purchasers Architectonic Project in order to issue in writing the result
of the review made to the Architectonic Project. In the event Purchaser does not receive
an answer from Promoter in the term stated hereinabove, it will mean that the
Architectonic Project has been approved and it may start the process of application for
permits and the construction of the Property, same which shall be requested and obtained
at Purchasers cost and expense. Both parties agree that during the execution period of
the construction works, Promoters personnel may carry out supervisions of the
Architectonic Project in order to determine whether Purchaser is carrying out the
constructions pursuant to the Architectonic Project as approved by Promoter, the
Construction Internal Guidelines and Regulations, the Master Plan, and the applicable
laws, rules and regulations applicable to constructions in the Municipality of Ensenada,
Baja California, Mexico.

6.5 In the event Purchaser performs any construction work without Promoters authorization,
Promoter shall notify Purchaser in writing of said condition. If Purchaser, within 5
business days as of the date it received the referred written notice from Promoter, fails to
cancel the performance of any unauthorized construction work and to repair the Property
to its original condition at its own cost and expense, Purchaser shall pay to Promoter as
liquidated damages, an amount equal to 1 % (one percent) of the Purchase Price per day,
until Purchaser cancels such construction works and repairs such breach.

6.6 In the event Purchaser performs any construction work contrary to the provisions of the
Architectonic Project as approved by Promoter, the Construction Internal Guidelines and
Regulations, the Master Plan, and the laws, rules and regulations applicable to
constructions in Ensenada, Baja California; Promoter shall notify Purchaser in writing of
said condition. If Purchaser, within 5 business days as of the date Promoter delivered the
referred written notice, does not repair the construction work which is not in accordance
with any of the referred guidelines and regulations, at its own cost and expense,
Purchaser shall pay to Promoter as liquidated damages, an amount equal to 1 % (one
percent) of the Purchase Price per day, until Purchaser repairs the construction work in
order for same to comply with any of the referred guidelines and regulations.
6.7 The parties agree that the provisions of this Clause Seventh will be an integral part of the
Final Agreement.

Seventh. Early Termination.

7.1 Notwithstanding any of the conditions established in this Agreement, the parties herein
agree that Promoter may terminate this Agreement, without any responsibility and
without the need of a judicial resolution (Pacto Comisorio Expreso) in the event
Purchaser fails to comply with any of its obligations stated in this Agreement
(hereinafter, an Event of Default).

7.2 If following the occurrence of an Event of Default, Purchaser fails to cure such Event of
Default within 90 calendar days after receipt of written notice from Promoter of the
existence of such Event of Default; Promoter may pursue any one or more of the
following remedies:

7.2.1 Promoter may terminate this Agreement, without any responsibility and without
the need of a judicial resolution (Pacto Comisorio Expreso), by simply
delivering written notice to Purchaser notifying Purchaser of such termination, in
which event Purchaser agrees to forego the repayment of any and all funds paid to
Promoter to Purchaser to date and pay Promoter an amount equal to US$ 20%
(twenty percent), in Legal Currency of the United States of America) of the
purchase price as liquidated damages resulting from Purchasers breach of this
Agreement.

7.2.2 Promoter may request from a court of competent jurisdiction the enforcement of
this Agreement and the payment of the balance of the Purchase Price by any
means available to Promoter under Mexican law.

Eighth. Payment of taxes and expenses

8.1 Notwithstanding any of the conditions established in this Agreement, as of the date of
execution of this Agreement, Purchaser shall bear all costs, fees and expenses incident to
the execution of the Final Agreement and the transfer of the Property, including transfer
taxes, recording fees, surveyor and appraiser fees, property taxes, homeowners
association, maintenance and any other ongoing fees and assessments applicable to the
Property.

8.2 Promoter shall be responsible for the payment of any capital gains, income or other taxes
imposed by Mexican laws upon Promoter in connection with the execution of the Final
Agreement and the transfer of the Property.

8.3 No party shall be responsible for the payment of any commissions or fees payable to any
broker engaged by the other party in connection with the execution of the Final
Agreement and the transfer of the Property. Except as otherwise expressly set forth
herein, each party shall bear any legal fees and any other third party costs or fees incurred
by such party in connection with the transaction contemplated hereby.

Ninth. Miscellaneous

9.1 Any notice, demand, consent, authorization or other communication which either party is
required or may desire to give to or make upon the other party pursuant to this Agreement
shall be effective and valid only if in writing, signed by the party giving such notice, and
when it is delivered in person or via express delivery or courier service in the following
domiciles:

Promoter:
International Real Estate Services, Inc.
Rancho Costa Verde S. de R.L. de C.V.
404 Camino del Rio South, Suite 400
San Diego, California 92108
United States of America
Attn: Mr. Frank Anthony Ingrande
E-mail: fingrande@ranchocostaverde.com
Fax: 619-683-2077

With a copy to:

Baker & McKenzie Abogados S.C.


Edificio Centura, Piso 1
Colonia Aviacin
Tijuana, Baja California, Mxico
CP. 22420
Attn: Mr. Raul Escamilla-Sanroman
E-mail: tijres@bakernet.com
Fax: (664) 633-4399

Purchaser:
Russell, Sr. Gregory E.
3719 Virginia Road
Los Angeles CA 90016
Gmpllc@yahoo.com
9.2 Unless otherwise specified by the parties, notices shall be deemed given on the day they
are delivered in the domiciles stated above. Notices may also be delivered via fax and/or
e-mail if such notice is also delivered in accordance with Section 9.1 above.

9.3 The parties hereto agree that this Agreement and all of its terms and conditions will be
binding and enforceable against their respective successors or assigns.

9.4 This Agreement contains all agreements and conditions between the parties. Should any
term, agreement, condition or clause of this Agreement or its application towards any
person or circumstance be declared void, invalid or unenforceable by a court of a
competent jurisdiction, the remaining clauses, agreements and conditions, or their
application towards any person or circumstance will remain in full force and effect.

9.5 None of the parties are authorized to assign, in whole or in part, its rights and obligations
under this Agreement without the prior written consent of the party against whom such
assignment is made.

9.6 Section headings are included herein for convenient reference only and shall not affect
the meaning or have any bearing on the interpretation of any provision, representation
and clause of this Agreement.
9.7 All exhibits referred to in this Agreement are incorporated herein by reference and shall
be deemed part of this Agreement.

9.8 The parties herein agree that this Agreement may not be modified in any manner other
than by means of a written agreement signed by the parties.

9.9 In the event of any controversy derived from this Agreement, the parties expressly submit
themselves to the applicable laws for the State of Baja California, Mexico. Similarly they
submit themselves to the jurisdiction of the competent courts of the Municipality of
Ensenada, Baja California, Mexico, expressly waiving any other forum they might
otherwise have by reason of their present or domiciles or any other reason whatsoever.

9.10 Promoter and Purchaser may execute this Agreement in multiple counterparts, each of
which shall constitute an original as against the party that signed it, and all of which
together constitute one agreement. This Agreement is effective upon delivery of one
executed counterpart from each party to the other party. The signatures of each party
need not appear on the same counterpart but in all cases each party shall cause that a
counterpart including such partys original signature is delivered to the other party.

9.11 This Agreement is entered into in the English language. In the event of litigation or any
difference between both texts, the Agreement shall be translated into the Spanish
language and the Spanish version shall prevail.

HAVING READ THE FOREGOING AGREEMENT, the parties hereto signed it on


.

PROMOTER PURCHASER(s)

RANCHO COSTA VERDE


S. DE R.L. DE C.V.

By: Frank AnthonyIngrande By: ________________________


Frank Anthony Ingrande Russell, Sr. Gregory E.
By: ________________________

By: ________________________
By: _______________________
Agent: Roxana Tavakol
By: ________________________
Rancho Costa Verde
C.C. & R. Acknowledgments

__________ (1)
I understand and acknowledge the Covenants, Conditions and
Regulations of Rancho Costa Verde Development.

________ (2) I understand and acknowledge that all other rules and
regulations, not pertaining to home design and construction will be set forth
in the most current Rancho Costa Verde Member Handbook.

_________________________________________________
(Owners Signature)

_________________________________________________
(Owners Signature)

_________________________________________________
(Owners Signature)

_________________________________________________
(Owners Signature)

3/15/2015
(Date)
Exhibit A

Rancho Costa Verde Master Plan


Provided Separately
Exhibit B

Loan Payment Schedule


Provided Separately
Exhibit C
Rancho Costa Verde
Payment Options
Property Number:

Send Funds by Wire or Deposit:


Bank Name: JP Morgan Chase, N.A.
ABA Routing #: 322271627
For Credit To: Rancho Costa Verde Development, LLC
Account Number: 4412960597

Payment by Credit Card:


Amount Authorized to Charge: $
Card Number:
Expiration Date: Security Code:
Billing Name:
Billing Address:
Billing Zip Code:
Authorized Signature: _________________________________________
Print Name:
Exhibit D
Rancho Costa Verde
Building Guidelines & CC&Rs
Provided Separately
Exhibit E
Rancho Costa Verde
Statement of Understanding
Buyer(s) understands that the owners of R-MAC Properties, Inc. are principals and partners with International Real
Estate Development, LLC and are developers and promoters of Rancho Costa Verde (Company). R-MAC Properties,
Inc. are also acting as agents for both the Buyer(s) and the Seller(s).

Buyer(s) understands that when a property purchased at Rancho Costa Verde has been completely paid off, Buyer(s)
must obtain a Fideicomiso (Real Estate Bank Trust). A Fideicomiso is the vehicle through which foreigners can own a
beneficiary interest and establish title to property in the Restricted Zone (62 miles from the border and 31 miles from
any coast of Mexico). Through a Fideicomiso, a beneficiary interest owner has the same bundle of rights of ownership
as in the United States, which includes the right to enjoy, encumber, sell, lease, and will, as well as the right to hold a
property in perpetuity (forever).

Buyer(s) understands that a Fideicomiso is a Mexican federally authorized Real Estate Bank Trust administered by a
Trustee of a Mexican bank; that the Trustee acts on behalf of the Buyer(s), the owner of the beneficiary interest in the
property, and that the Trustee is paid a yearly fee to administer the trust for the Buyer(s). Buyer(s) understands that the
Buyers beneficiary interest in this trust is NOT the property of the bank. Buyer understands that Mexico is in the
process of simplifying this process as well as reducing the cost.

Buyer(s) understands that an Individual Fideicomiso can be formed after the Company completes the subdivision
registration process and individual property cadastral numbers have been assigned (tax ID numbers) by the
government, estimated to be completed within 12-18 months. At that time the Buyer(s) will be responsible for property
taxes whether Buyer(s) purchased property with financing or was paid off. See current estimated costs below.

Buyer(s) understands that the property is lien free, delivered to the Buyer(s) for Buyer(s) use prior to the formation of
an Individual Fideicomiso by Buyer(s).

Buyer(s) understands that they do not have to build on their property within a specific time. However, when
construction begins, the home must be completed within 18 months. Home plans must be submitted for approval to the
Architectural Control Committee without any fees in accordance with Rancho Costa Verde Design and Building
Guidelines. Buyer(s) understands that if a home is constructed, Buyer(s) must comply with any and all C.C. & Rs
(Conditions, Covenants and Restrictions) of the community.

Buyer(s) understands that when a home is constructed, Buyer must install an individual waste water treatment system
approved by Rancho Costa Verde and government regulation. The cost of this can be included in the cost of home
construction.

Buyer(s) understands that Rancho Costa Verde is a Master Planned Solar Green Community and all electrical power
will come from alterative sources of energy, primarily solar other than from the Ensenada electrical grid.

Buyer(s) understands that when a home is constructed the water will be delivered into individual underground
cisterns which are usually included in the cost of home construction.

Buyer(s) understands that there will be an annual maintenance fee at Rancho Costa Verde. An Owners Association is
being established to manage and maintain the roads and amenities. The Owners Association fee shall be paid annually
by check, credit card, or bank draft. The fee will not be charged to Buyer(s) of the property until 50% of Rancho Costa
Verde is sold. At that time the fee is estimated to be approximately $200.00 annually.

Buyer(s) understands that services and amenities included are 24 hour security gate, road maintenance, 50% open
space with walking trails, common beach access, Solar Club House with kitchen facilities, infinity pool, hot tub, bocce
ball court, volleyball court, cabanas and picnic areas.

Buyer(s) understands that the company will be building 12 casitas (Studio bedroom unit with bathroom) that will be
made available for use by the Buyer(s) one week a year for each property purchased while the property(s) is owned.
Estimated Individual Real Estate Bank Trust (Fideicomiso) Costs:

One Time Annual Total Setup


Based on a $20,000 lot price in US dollars.

Ministry of Foreign Affairs Permit $1,000 $1,000


Property Taxes $ 300 $300 $ 300
Notary Fees 1.5% $ 300
Duties Public Registrar of Real Estate/Foreign Investment .6% $ 120

Transfer Property Taxes 2.0% $ 400


Bank Trust Fees $ 450 $450 $ 900
Appraisal $ 60 $ 60
Certificate of no Liens $ 30 $ 30
Official Survey $ 150 $ 150
Title Insurance .5% $ 100

Totals: $750 $3,360

Buyer _________________________Buyer ______________________________

Buyer__________________________Buyer______________________________
Date 3/15/2015 Parcel number 64-13-6
Agent ______________________________

Vous aimerez peut-être aussi