DEED OF GRANT OF USUFRUCTUARY RIGHTS

KNOW ALL MEN BY THESE PRESENTS:

This Deed of Grant of Usufructuary Rights entered into by and

between:

BANWAON COMMUNITY, a community of indigenous cultural

community, a holder of Certificate of Ancestral Domain Title (CADT), located
at Kilometer 55, Ulanguan, Binicalan, San Luis, Agusan del Sur, represented
herein by its authorized representative, DATU BEN HUR MANSULONAY,
Supreme Datu, hereinafter reffered to as the “OWNER”;

-and-

DEPARTMENT OF EDUCATION (DepEd) AGUSAN DEL SUR

DIVISION, an agency of Philippine Government, with office address at Patin-
ay, Prosperidad, Agusan del Sur, represented herein by its authorized
representative, MINERVA P. ALBIS, School Division Superintendent, herein
referred to as the “USUFRUCTUARY”;

WITNESSETH that –

WHEREAS, by virtue of a “Community Resolution Confirming The

Proposed Site for Construction of School Building in Sitio Kala-Kala (Km 55)
Barangay Binicalan, Municipality of San Luis, Province of Agusan del Sur is
a Community Solicited /Initiated Project” and “Memorandum of Agreement”
(MOA), the OWNER has allocated a parcel of land containing an aggregate
area of TWENTY THOUSAND (20,000) square meters covered under
Certificate of Ancestral Domain Title No. R13-SLU-098-079 located at
Binicalan, San Luis, Agusan del Sur, to be the site of the proposed Ulangoan
National High School (Copy of Community Resolution, MOA, and CADT with
technical description are hereto attached as Annexes “A” – “C” to form part
hereof;

WHEREAS, the OWNER, by these presents offers for the use of the
USUFRUCTUARY the abovementioned real property to where the proposed
Ulangoan National High School will be erected;

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Deed of Grant of Usufructuary Rights between Banwaon Community and Department of Education
 WHEREAS, the USUFRUCTUARY accepts the above-stated offer of
the OWNER;

NOW THEREFORE, for and in consideration of the foregoing premises

and of the mutual covenants hereinafter contained, the parties hereby agree
to the following terms and conditions:

1. TERM- The term of the usufruct shall be for a period of Twenty Five
(25) years, renewable at the discretion of the OWNER, the
USUFRUCTUARY is hereby given the right and privilege to exclusively
use the site where the proposed Ulangoan National High School will
be erected;

2. OWNERSHIP- while the usufruct and/or the beneficial use of the site
is transferred to USUFRUCTUARY, the ownership and title of site
remains with and continues to be in the name of the OWNER. Upon
expiration or non-renewal of the contract, improvements introduced on
the site shall accrue to the OWNER;

3. EXCLUSIVE USE- The USUFRUCTUARY shall exercise its right to the

exclusive use of the site and shall construct and maintain its school
buildings and/or facilities, structures and improvements in the site in
accordance with local ordinance and/or national laws on environmental
safety, maintenance and preservation;

4. The OWNER may recover possession of abovementioned real

property, including all permanent structures and improvements
introduced thereon, without obligation to reimburse the herein
USUFRUCTUARY, and terminate the usufruct should the
USUFRUCTUARY violate any provisions of this Deed, fail to comply
with its obligations in the above stated Memorandum of Agreement, of
failed to comply its obligations as a usufructuary as provided in the

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Deed of Grant of Usufructuary Rights between Banwaon Community and Department of Education
 New Civil Code of the Philippines, the applicable provisions of which
are incorporated herein and deemed part of the provisions of this
Deed;

5. The parties and its successors in interest shall at all times exercise
good faith in the performance of their obligations and the exercise of
their rights under this DEED and no termination hereof shall be availed
except in case of a serious and material breach, so that no party may
be unduly deprived of its rights under this contract.

IN WITNESS WHEREOF, the herein parties have set their hands this
______ day of ____________ 2017 in ________________________,
Agusan del Sur.

BANWAON COMMUNITY DEPARTMENT OF EDUCATION

CADT Holder Usufructuary

Represented by: Represented by:

DATU BEN HUR MANSULONAY MINERVA P. ALBIS

Banwaon, Supreme Datu School Division Superintendent

Signed in the presence of:

ATTY. JOSE DUMAGAN JR.

Regional Director
NCIP Region XIII

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Deed of Grant of Usufructuary Rights between Banwaon Community and Department of Education
 ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES)

PROVINCE of Agusan del Sur ) S.S.

BEFORE ME, a Notary Public for and in the Municipality of Prosperidad, Province
of Agusan del SUR, this ___________________________________ , 2017, personally appeared:

Names Proof of Identity

who has satisfactorily proven to me their identity through their identifying documents
written below their name and signature, that they are the same persons who executed and
voluntarily signed the foregoing Deed of Grant of Usufructuary Rights, duly signed by their
instrumental witnesses at the spaces herein provided which he/she/they acknowledged to
me as his/her free and voluntary act and deed.

The foregoing instrument relates to a Deed of Grant of Usufructuary Rights

consisting of FOUR (4) pages including the page on which this Acknowledgment is written,
has been signed on the left margin of each and every page by the parties and the witnesses.

WITNESS MY HAND AND NOTARIAL SEAL, this

_________________________________________________ 2017, in the ______________________________,
Province of Agusan del Sur.

Doc. No. ____;

Page No. ____;
Book No. ___;
Series of 2017.

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Deed of Grant of Usufructuary Rights between Banwaon Community and Department of Education