Usufract Agreement

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USUFRUCT AGREEMENT

KNOW ALL MEN BY THESE PRESENTS:

This USUFRUCT AGREEMENT, made and entered into by and between:

NORMA BRIGNAS MUÑEZ, of legal age, Filipino citizen, single and resident of Dakit,
Bogo City, Cebu, Philippines, and, hereinafter referred as the “LANDOWNER”,

-and-

MARK DOUGLAS BLAISE, of legal age, American citizen, divorced and resident


of Dakit, Bogo City, Cebu, Philippines, hereinafter referred as the
“USUFRUCTUARY”.

WITNESSETH

WHEREAS, the LANDOWNER owns a parcel of land described as follows:

“A parcel of land known as Lot No. 2320-C-7; being a portion of Lot No. 2320-C of the
sketch plan prepared by Geodetic Engr., Felix C. Rodriguez; covered by Transfer Certificate
of Title No. T-74074-; under Tax Declaration No. BB-224-13004; bounded on the NW: by
Lot No. 2320-D; on the NE: by Lot No. 2322-CAD155; on the SE: by Lot No. 2320-B; and
on the SW: by Barangay Road; containing an area of ONE THOUSAND (1,000) Square
Meters, more or less.”

WHEREAS, the USUFRUCTUARY is a private individual, upon an agreement with the


landowner, is currently occupying the property located at Dakit, Bogo City,
Cebu, Philippines;

WHEREAS, the LANDOWNER, by tolerance, is hereby bestowing the right to use and
enjoy the property provided that all the necessary improvements for
preservation of the said property, including payment of electricity and water
shall be shouldered by the usufructuary;

WHEREAS, the USUFRUCTUARY, shall bear the burden of preserving the property,
ensuring its usefulness for the future use of the landowner, maintaining peaceful
existence within the property and paying all necessary expenses for the
preservation and improvements of the said property;

WHEREAS, the LANDOWNER is willing to enter into a usufruct agreement with the
usufructuary subjet to the terms and conditions herein;

NOW THEREFORE, for and in consideration of the foregoing premises and of the
mutual covenants hereinafter contained, the parties hereby agree as follows:

1. TERM: The term of the usufruct shall be for a period of of lifetime upon agreement of
two parties from the signing of this Agreement.

1. PURPOSES OF THE USUFRUCT: The place will serve as home and residence
of the usufractuary and the land owner.

2. LAND OWNERSHIP: The ownership and title remains with and continues to
be in the name of the LANDOWNER. When the Land owner dies first the
usufractuary shall continue to stay at the property of the land owner and the
loan still payable until such time that the usufructuary dies first the loan’s
forgiven and the house and the contents of the usufructuary possession will
automatically and becomes the Landowner’s ownership.

3. RIGHTS AND OBLIGATIONS OF THE USUFRUCTUARY:

4.1 The USUFRACTUARY shall voluntarily surrender possession and


return or vacate the property to the LANDOWNER without need of
demand upon expiration of the agreement in case the former does not

purchase the property from the owner.

4.2 The USUFRACTUARY shall pay the real estate taxes due on the
property upon construction of their residential house/building
constructed.

4.3 The USUFRACTUARY shall not sell, dispose, mortgage, encumber,


transfer, assign, tolerate the use by a third party or use as collateral unless
with the consent of the LANDOWNER.

4.4 The USUFRACTUARY shall not enter into any other agreements that
will involve use of the property intended without the consent of the
LANDOWNER.

4.5 The USUFRACTUARY shall not alienate or transfer its


USUFRUCTUARY rights, or do anything thereon which may be
prejudicial to the rights of the LANDOWNER.

4.6 The USUFRACTUARY shall obliged to notify the LANDOWNER of


any act of a third person, of which it may have knowledge, that
may be prejudical to the rights of ownership, and it shall be liable if
it did not do so, for damages, as if they had been caused through its own
fault;

4.7 The USUFRACTUARY may provide, introduce and/or maintain


proper infrastructures, perimeter fences, facilities that shall make property
sustainable and viable for use;

4.8 The USUFRACTUARY shall responsible for maintaining the


cleanliness and peace and order in the area;

4.9 The USUFRACTUARY shall not use the property for any unlawful or
illegal act.

4. RIGHTS AND OBLIGATIONS OF THE LANDOWNER:

4.1 Authorize the USUFRACTUARY to apply, sign, obtain, secure and


submit documents for securing the necessary permits to construct
building and development permits;

4.2 Exercise the right of ownership over the property under usufruct;

4.3 Remove hazardous or harmful structures at the expense of the


USUFRACTUARY.

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5. OTHER TERMS AND CONDITIONS:

5.1 This agreement shall be binding upon the parties hereto and their
successors-in-interest.

5.2 In case of breach of any terms of the Agreement, dispute and/or litigation
arising from this agreement, the venue of actions shall be filed in the proper
court of Bogo City, Cebu, Philippines, to the exclusions of all other courts.

IN WITNESS WHEREOF, the parties have set their hands this _____________ at
Mandaue City, Cebu, Philippines.

________________ _____________
Landowner Usufractuary

SIGNED IN THE PRESENCE OF: ------------------------------


and------------------------------

REPUBLIC OF THE PHILIPPINES)


Province of, CEBU )SS
City of Mandaue )
X---------------------------------------/

ACKNOWLEDGMENT

BEFORE ME, personally came and appeared the ALFREDO C. CRISOSTOMO,


SR., (Heir of Matea Crisostomo) and PONCIANO C. BRIGNAS who have satisfactorily
proven their Competent Evidence of Identities, known to me and to me known to be the
same persons who executed the foregoing instrument and they acknowledged that the
same is their own and free will and voluntary act and deed.

This instrument consisting of 2 pages including this whereon this acknowledgement


is written relates to a Contract of Lease and has been signed by the parties hereto and their
witnesses on each and every page hereof.

WITNESS MY HAND AND SEAL, this _____________at Mandaue City, Cebu,


Philippines.

Doc. No. _______


Page No. ______
Book No. ______
Series of 2022.

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