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WITNESSETH, that;
WHEREAS, we are the sole heirs of the deceased SPS. JOSE E. CASTRO who
died on February 27, 1993, at 39 R. Landon St., Cebu City, copy of his death
certificate is hereto attached as Annex “A”; and CARIDAD L. CASTRO who died on
June 19, 1990, at Chong Hua Hospital, Cebu City, copy of her death certificate is
hereto attached as Annex “B”;
WHEREAS, both deceased spouses, died intestate and without any will or
testament or debts;
WHEREAS, all the adjoining owners had been notified, but failed to exercise
their pre-emption rights; and the above-described parcel of land is not tenanted
and does not come within the operation of the Comprehensive Agrarian Reform
Program;
WHEREAS, since we are all of legal age, with full capacity to enter into
contracts, with legal effects, and pursuant to Section 1, Rule 74 of the Revised
Rules of Court of the Philippines,we hereby settle and adjudicate, as we have
hereby settled, and adjudicated unto ourselves the above-described property;
5. That the SELLER shall give absolute and full control and possession of the
subject property to the BUYER and allow the introduction and
improvements thereon upon the receipt of the down and first payment
therein;
6. Further, that in the event that the SELLER should fail or deliberately refuse
to comply with his obligation, the BUYER shall be reimbursed of the
amount of the purchase price paid, cost of improvements as well as
beneficial interests and other damages that the buyer may suffer.
7. All taxes for the transfer of the ownership of the title will be paid by the
BUYER. However, since the buyer will sell townhouses to different buyers as
well, the buyer will directly transfer the TCTs to the prospective buyers of the
townhouses to be able to save payment for taxes;
8. All expenses with regard to the agent’s or the broker’s commission shall
be accountable to the Buyer;
9. Upon down payment and contract signing, the buyer shall process the
subdivision of the property with the DENR and market for townhouse project;
10. Upon full payment of the balance, the SELLER shall execute an ABSOLUTE
DEED OF SALE in favor of the BUYER and shall submit the Original Transfer
Certificate of Title, Tax Declaration, Sketch Plan and other pertinent
documents.
11. The SELLER warrants that there are no liens, easements (whether legal or
contractually granted), encumbrance or other mortgages on or over the
property and that the SELLER has not executed any instrument
acknowledging or recognizing the existence of such easements,
encumbrance or mortgage.
13. The SELLER warrants full disclosure on any or all information they have
which is necessary or useful to know with regards to the property.
IN WITNESS WHEREOF, the Parties hereto, set their hands on these presents
on the date and at the place herein above indicated.
___________________________ __________________________
ACKNOWLEDGMENT
BEFORE ME, a Notary Public for and in the City of Cebu, Philippines, this
_____day of ________________, at ____________________ personally appeared
the following:
WITNESS MY HAND AND NOTARIAL SEAL on the date and place first above
written.
Doc. No.______;
Page No.______;
Book No.______;
Series of 2019.