NHA CCS Form, 2008

CONDITIONAL CONTRACT TO SELL

KNOW ALL MEN BY THESE PRESENTS:

This contract, made and entered into in ____________, Philippines, this _______ day of ____________, 20____ by and between: The NATIONAL HOUSING AUTHORITY, a government-owned and controlled corporation duly organized and created by virtue of PD 757, as amended, with principal address at NHA Building, Elliptical Road, Diliman, Quezon City, represented in this act by its Project Manager _________________________________________________________, hereinafter referred to as the VENDOR; And ______________________________________________________________, of legal age, Filipino, Single/married to _________________________________________________________, with residence and postal address at _________________________________________________________________________, hereinafter referred to as the VENDEE; WITNESSETH; That WHEREAS, the VENDOR is the registered owner/administrator of the _______________________________________ __________________________________________ Project, located at _____________________________________________; WHEREAS, the VENDEE is qualified to acquire a housing unit in the said Project in accordance with the laws of the Republic of the Philippines and under the rules and regulations of the VENDOR; WHEREAS, the VENDEE submitted an application to purchase and the VENDOR approved the award in favor of the VENDEE over a housing unit consisting of a serviced lot/house and lot described as Lot No. ____________ Block No. _________, Survey No. _____________________ in ________________________________________________________________ Project, with an area of _________________ square meters, and covered by Transfer Certificate of Title No. _____________________ of the Registry of Deeds of ____________________________________; WHEREAS, the VENDEE has partially paid to the VENDOR the purchase price of the said lot/house and lot in the sum of __________________________________________________________________________(P ___________________) Pesos, Philippine Currency, receipt of which is hereby acknowledged by the VENDOR; NOW, THEREFORE, for and in consideration of the foregoing premises and the amount stated below, the VENDOR hereby agrees to sell and the VENDEE agrees to buy the above described lot/house and lot under the following terms and conditions: 1. The VENDEE shall pay the VENDOR a purchase price in the sum of _______________________________________________ (P _________________) Pesos, consisting of the following: a. b. 2. P _______________________, representing the price of the lot at P __________________ per square meter; and P _______________________, representing the price of the house.

That the VENDEE shall pay the VENDOR an occupancy fee and/or legalization fee of ____________________________ _____________________________ (P _______________) which shall be incorporated in the total selling price of the lot/house and lot. The agreed purchase price or unpaid balance of ________________________________________________________ (P ____________________) shall be payable in __________ years with interest at the rate of ____________ percent (_________ %) per annum until fully paid in: a. b. _________________ equal monthly installments of _________________________________________________ _______________________________________ (P ______________________) Pesos; or _________________ escalating monthly installments initially at _______________________________________ _______________________________________ (P ______________________) Pesos per month and increasing annually at the rate of _____________ percent (____________ %) of the preceding installments.

3.

The VENDEE s schedule of escalating monthly amortization is hereto attached as Annex A consisting of _____ pages which has been read and accepted by the VENDEE. However, the VENDEE may opt either to accelerate his/her payments or pay outright the purchase price of the lot/house and lot any time during the amortization period. The abovementioned monthly installment shall be payable without any need of demand within the first five (5) days of each month commencing on _____________________, 20________ and ending on _______________________, 20________.

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The VENDOR hereby agrees to give the VENDEE a thirty (30)-day grace period for the payment of each monthly installment and failure to make any such payment shall entitle the VENDOR to charge interest at the rate of one percent (1%) per month on the amount due and payable. Failure to pay three (3) monthly installments as well as any violation and/or failure to comply with any of the terms and conditions stipulated herein and any misrepresentation committed in the application documents shall cause the automatic cancellation of this contract, without necessity of a judicial declaration to that effect, and thereafter the VENDEE shall be considered a mere illegal occupant and shall be ejected summarily pursuant to Section 2 Presidential Decree 1472 dated June 11, 1978.

5.

The VENDEE is making this purchase for his/her own use and benefit and not for the use and benefit of another undisclosed party. The purpose of the sale is to aid the VENDEE in acquiring a lot/house and for himself/herself and his/her dependents and not to provide him/her with a means for speculation or profit through future assignment of his/her rights herein acquired or the resale, renting out or lease to others of the lot/house and lot subject of this contract.

6.

The VENDEE agrees not to sell, alienate, convey, encumber, mortgage or lease the lot/house and lot except to qualified beneficiaries of the VENDOR. Should the VENDEE unlawfully or in violation of the VENDOR s rules and regulations sell, transfer or otherwise dispose of the lot/house and lot or any rights thereon, the transaction shall be null and void. The VENDEE shall also lose his/her rights to the lot/house and lot, forfeit the total amortizations paid thereon, and shall be permanently barred from availing of the VENDOR s housing benefits. Further, under this contract, no transfer of the lot/house and lot, in whole or in part, shall be allowed unless fully paid and with consent of the VENDOR and subject to payment of a transfer fee prescribed by the VENDOR.

7.

The VENDEE agrees to abide by the occupancy rules and regulations of the VENDOR printed at the back hereof and any violation thereof shall be considered a breach of the conditions of this contract, and shall be subject to the penalty provided for in Paragraph 4 hereof. The title of the subject of this contract shall remain with the VENDOR and shall pass to and be transferred in the name of the VENDEE only upon the execution of the final deed of sale following full payment thereof and all other obligations of the VENDEE to the VENDOR. The VENDEE, in accordance with Section 23 of Presidential Decree No. 957, shall be liable to the VENDOR for the payment of taxes and assessment the lot/house and lot effective the year following the signing of this contract, and the VENDEE shall pay the taxes and/or assessments directly to the proper collecting agency on or before the thirtyst first (31 ) day of March of each year and every succeeding quarter. Should the VENDEE default in the payment of said taxes, the VENDOR may pay the same to the proper collecting authority and add said amount to the unpaid principal with interest at twelve percent (12%) per annum. The said amount will be added to the current monthly installment due and shall form part of such installment. Non-payment of taxes shall entitle the VENDOR to the right granted under Paragraph 4 hereof.

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10. The VENDOR shall have the right to decide the application of payments made by the VENDEE in accordance with its prescribed hierarchy of payments/accounts in case said VENDEE has several accounts. 11. Any condonation which may or shall be made by the VENDOR with respect to any violation of the terms and conditions of this contract or with respect to any of the abovementioned defaults, shall in no case be interpreted as relinquishment by the VENDOR of any of its rights herein contained in case of any subsequent violation of the terms hereof or subsequent default on the part of the VENDEE. 12. Upon full payment of the VENDEE of the purchase price of the lot/house and lot and after faithful compliance with the terms and conditions of this contract and the rules and regulations of the VENDOR, the VENDOR shall execute a deed of sale in favor of the VENDEE. All expenses for the preparation, notarization and registration of this contract, shall be for the account of the VENDEE. 13. This contract shall be binding upon the heirs, executors, administrators, successors-in-interest of the respective parties hereto. 14. In case of dispute and/or litigation arising from this contract, the venue of actions shall be in the proper courts of _________________________________________. IN WITNESS WHEREOF, the parties have hereunto set their hands at the place and date first above-written.

NATIONAL HOUSING AUTHORITY VENDOR

BY AUTHORITY OF THE GENERAL MANAGER: _________________________________________

VENDEE
With my martial consent: _________________________________________

SIGNED IN THE PRESENCE OF: _______________________________________ Signature Over Printed Name ________________________________________ Signature Over Printed Name

ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES ) ____________________________) S.S ____________________________)

BEFORE ME, a Notary Public for and in _______________________________________________________ personally appeared:

NAME

IDENTIFICATION/DOCUMENT NO.

DATE OF ISSUE

___________________________________ ___________________________________

________________________________ ________________________________

________________ ________________

Known to me and to me known to be the same persons who executed the foregoing instrument consisting of _____ ( ) pages, including the page on which this acknowledgment is written, and who acknowledged to me that the same is their free and voluntary act and deed. This instrument refers to a Conditional Contract to Sell of a residential lot/house and lot known as Lot No. _______ Block No. ___________, _______________________________________________________________________________ Survey No. ____________________ in ____________________________________________________________________ Project, signed by the parties and their instrumental witnesses and sealed with my notarial seal. WITNESS MY HAND AND NOTARIAL SEAL, on this ___________ day of _____________________________________, 20 _________ in ______________________________________.

NOTARY PUBLIC

Doc. No. ____________ Page No. ____________ Book No. ____________ Series of 20 __________

REPUBLIC OF THE PHILIPPINES NATIONAL HOUSING AUTHORITY OCCUPANCY RULES AND REGULATIONS
1. Every project beneficiary is required to observe and strictly comply with all the terms and conditions of this Agreement and such other rules and regulations that have been or may hereinafter be promulgated by the National Housing Authority regarding the use and disposition of the lot/house and lot, streets, alleys, recreational park and facilities and public utilities whenever notice of such new rules and regulations have been delivered or made known to him. The lot/house and lot shall be used strictly and exclusively for residential purposes. Any use thereof other than residential shall be with the prior written consent of the AUTHORITY. The lot/house and lot or any part thereof shall not be used or permitted to be used for any illegal or immoral purposes. No building shall be erected on the premises nor alterations and repairs on any fixtures and fittings on the improvements and utilities be made in and outside the lot/house and lot without the prior written consent of the AUTHORITY. The plans therefore must be duly approved by the proper government agencies. Boundary fences are allowed only for protecting plants and ornamentals existing thereon and in no case shall exceed thirty (30) centimeters in height. The project beneficiary shall at all times keep the grass cut and trimmed. All residents shall take good care of all plants and trees in the project grounds, mini park, pocket parks, as well as their protective enclosures. The project beneficiary shall not cut down, damage, injure or remove any tree or shrub, either ornamental or fruit bearing, or remove or quarry stones, rocks or earth within the lot subject of this Agreement without the written consent of the AUTHORITY. The project beneficiary shall maintain and observe strict cleanliness and sanitation within the lot and its immediate surroundings, particularly the pathways, alleys, streets and recreational parks and facilities. All the residents therein shall refrain from injuring, damaging, or defacing recreational facilities and public utilities and from littering the premises, pathways, alleys and streets. Garbage should not be allowed to accumulate but shall not be placed in a receptacle within the lot away from public view, and be brought out only at designated hours for collection by the garbage truck. Trash and garbage shall not be thrown in the alleys, pathways, streets or any open space. Walkways, pathways and alleys, being intended for the use of people and not for bicycles or motorcycles, must be kept free from any obstructions, such as clothesline, equipment, motor vehicles and/or junk/scrap materials. The project beneficiary shall protect the lot/house and lot from any intruder and , at his own exclusive risk and expense, shall undertake whatever lawful means and actions necessary to protect and preserve his rights and interests over said property.

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10. No animals except pets shall be kept or maintained within the lot and they should be prevented from becoming nuisance to neighbors. 11. Entry to the lot by an authorized representative of the AUTHORITY shall be allowed: a) At any time in case of any emergency originating in or threatening the lot, or for the purpose of enforcing the occupancy rules, or removing the cause of any violation of any of these rules. b) Upon prior notice to the owner and during reasonable office hours, to inspect the premises of the lot, or to perform any installation, alteration, or repair to the mechanical or electrical services and utilities.