MEMORANDUM OF AGREEMENT Drafts

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MEMORANDUM OF AGREEMENT

Know All Men By These Presents:

This Memorandum of Agreement made and entered into this


02 day of March 2020, in the City of Cebu is entered into by and
between. . .

xxxxx, of legal age, married, Filipino, residing at


Phase 4 Block 8 lot 59 Deca Homes Tungkil, Minglanilla,
Cebu, herein referred to as the “First Party”,

- and –

xxxxx, of legal age, single, Filipino, residing at Bato


Carbon Ermita Cebu City, herein referred to as the
“Second Party”,

WHEREAS, the First Party, is the registered owner of a house


and lot, situated at Minglanilla, Cebu covered under Tax Declaration
Nos. xxxxx, respectively with the parcel of land under TRANSFER
CERTIFICATE OF TITLE NO. 1 xxxxx registered under the name of the
xxxxx;

WHEREAS, the First Party, intends to sell, and the Second


Party intends to buy, the aforementioned property for the
consideration of the sum of TWO MILLION FIVE HUNDRED
FIFTY THOUSAND PESOS (P2,550,000.00), Philippine currency;

WHEREAS, the subject property is currently mortgaged by the


First Party with the PAGIBIG Home Development Mutual Fund
(HDMF);

NOW THEREFORE, and in view of the foregoing, the parties


hereby mutually, consensually and voluntarily agree to enter into the
hereunder terms and conditions in the instant agreement to wit:

1. The Second Party shall pay Seven Hundred Fifty Thousand


Pesos (Php 750,000.00) to the First party as earnest money upon
execution of this agreement which shall form part of the payment of
the full consideration in purchasing the subject property for TWO
MILLION FIVE HUNDRED FIFTY THOUSAND
PESOS (P2,550,000.00).
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2. The First Party shall release the subject property from its
mortgage obligation with the PAGIBIG, under the expense of the
First Party;

3. Upon successful settling the encumbrance / mortgage


obligation with PAGIBIG, the original owners copy of the Certificate
of title covering the property shall be procured by the First Party.

4. Upon compliance of the preceding paragraph, the First Party


and the Second Party shall enter into a deed of absolute sale, or any
other deed of conveyance that the parties may agree, whereby the
former SELL, CONVEY, and TRANSFER by way of ABSOLUTE
SALE unto the latter, the subject property.

5. On the other hand, pending compliance by the First party to


settle the mortgage obligation, she hereby guarantee that she will not
sell the property to anyone, nor lease or any other arrangement that
will dispossess the First party of its possession or the Second Party,
on a future time, nor attach any encumbrance to the same.

6. The instant agreement shall remain, as between the parties,


effective and binding upon and between them, their heirs and
successors-in-interest.

7. The parties hereto shall willingly, faithfully and in good


faith abide by the terms and conditions herein stipulated.

IN WITNESS WHEREOF, the parties have both affixed their


hands and signatures this 2nd day of March 2020 in the City of Cebu,
Philippines.

Xxxxx xxxxx
First Party Second Party
xxxxx xxxxx
xxxxx xxxxx

Witnesses:

1.) xxxxx 2.) xxxxx


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Republic of the Philippines ) S.S.


City of Cebu )
x----------------------------------/

ACKNOWLEDGMENT
 
BEFORE ME, a Notary Public for and in the City of CEBU,
personally appeared xxxxx and xxxxx with their respective competent
evidence of identity bearing the aforementioned details, both known
to me and to me known to be the same persons who executed the
foregoing instrument which they acknowledged to me to be their
free and voluntary act and deed, consisting of only Three (3) pages,
including this page in which this Acknowledgement is written, duly
signed by them and their instrumental witnesses on each and every
page hereof.

IN WITNESS WHEREOF, I have hereunto set my hand the


day, month, year and place above-written.

Doc. No. ____;


Page No. ____;
Book No. ____;
Series of 2020.

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