MASTER DEED AND DECLARATION OF RESTRICTIONS

FOR THE TERRACES AT HIGHLANDS POINTE SUBDIVISION

KNOW ALL MEN BY THESE PRESENTS:

This Master Deed and Declaration of Restrictions (the “Declaration”) executed this 23rd day of June 2009,
at San Juan, Metro Manila, by:

FILINVEST LAND, INC., a Corporation organized and existing under the laws of the
Philippines, with principal office at No. 173 P. Gomez Street, San Juan, Metro Manila, and
represented in this act by its First Vice President Antonio E. Cenon, and referred hereinafter as
the “Declarant”.

WITNESSETH:

WHEREAS, the Declarant is the developer of The Terraces a subdivision project (the “Subdivision”)
located in Highlands Pointe of Havila, Brgy. San Juan, Taytay, Rizal with a total land area of Ninety One
Thousand Forty Four square meters (91,044 sq.m.) more or less, as shown in the Site Development Plan
attached and made integral part hereof as Annex “A”.

WHEREAS, in order to promote and maintain convenience, safety, security and cleanliness, aesthetics
and property values, the Declarant hereby subjects the Subdivision to restrictions as to use, enjoyment and
disposition for the common benefit of the Declarant and residents and owners in the Subdivision.

NOW, THEREFORE, the Declarant hereby declares that each saleable lot ("Lot") of the Subdivision, shall
be held, conveyed, encumbered, used, improved, sold or otherwise disposed of subject to limitations, definitions,
conditions, restrictions and easements found hereinafter. This Declaration, together with its attachments or
amendments, shall attach to the land, be annotated in the corresponding certificate/s of title as property
encumbrances and shall bind all owners, their successors-in-interest, assigns, and all parties acquiring any right,
title or interest in or to any part of the Subdivision.

1. RESTRICTIONS ON OWNERSHIP, USE AND OCCUPANCY OF LOTS OR UNITS

1.1 Use of Lots/Units.

a. Except for areas designated by the Declarant to be strictly and solely used for commercial or non-
residential purposes within the Subdivision, all Lots shall be used exclusively for residential purposes
only.
b. The Owner agrees and binds himself not to construct or maintain or cause to be constructed or
maintained in the premises hotels, motels, saloons, bars, or any establishments of ill repute, or use
the same for any immoral or illegal trade, or any use, which will disturb the peace, or be a nuisance in
the neighborhood. No residential lot shall also be used in pursuit of any commercial purpose,
especially but not limited to a sari-sari store, grocery store, eatery, funeral parlor, hospital, private
clinic, nursery, school, bar or any other type of business. However, the Declarant may designate
certain lots within the Subdivision solely for commercial uses, or for mixed commercial-residential
uses. The restrictions on ownership, use and occupancy of commercial or mixed commercial-
residential lots may be subject of a Supplemental Deed of Restrictions.
c. Residential lots and their improvements shall not be devoted to any of the following purposes: a
chapel, church or similar place of worship, political campaign headquarters, or any such activity that
requires a large gathering or movement of people, nor shall any structure be built on any lot for such
purpose without the written consent of the Declarant.
d. No machinery, appliance or structure may be placed, maintained or operated on any lot for the
purpose of carrying on commercial businesses of any kind, or for commercial storage purposes.
e. No temporary trailer, garage, tent, building, shack, barn or other structures shall be erected, except
by builders during the construction period or as may be allowed by the Declarant and/or the
Association.
f. No obnoxious, immoral, hazardous, unsanitary, noisy, illegal or seriously offensive activities shall be
carried out within the Subdivision, nor shall anything be done, stored or kept therein, which may be or
may become a nuisance to or which may, in any way, unreasonably interfere with the quiet
enjoyment, convenience and security of other Lot Owners, or which shall, in any way, increase the
risk of loss or damage to any property in the Subdivision. Any such noise, substance or activity shall
subject the Owner/Lessee to sanctions as may be imposed by the Association.
g. Owners shall not be permitted to lease or rent his Lot or any improvement thereon for transient or
hotel purposes. The term “transient or hotel purposes” shall refer to any lease or rent for a period less
than thirty (30) continuous days. All lease contracts shall be in writing and shall contain a provision
requiring the Lessee to comply with the restrictions contained herein. The Owner shall furnish the
Lessee a copy of this Declaration.

1
 1.2 Admission into Premises/Easement of Right of Way. Every Owner shall admit into his premises
representative/s of the Declarant, the Association and/or public utility entities, during reasonable hours of
the day upon due notice, to inspect, relocate, install, repair, improve, maintain or disconnect lines,
monuments or others for electricity, telephone or water, sewer and drainage and other like facilities. The
Lot shall be subject to a perpetual easement of right of way in favor of the Declarant and the Association
for these purposes.

1.3 Prohibition against Access. No opening, entry or access into the Subdivision or into any part thereof
shall be allowed except as indicated in the approved subdivision plan. No gates, openings or
passageways of any kind, which shall allow direct access from another subdivision lot into the Lot/s or
any Subdivision road of the Subdivision shall be built, opened or constructed without the prior written
approval of the Declarant. Increasing the height of the perimeter fences is also subject to the approval of
the Declarant. The Owner is absolutely prohibited from tearing down any portion of the Subdivision
perimeter wall, for whatever purpose, especially for purpose of ingress and/or egress to other areas
outside the Subdivision, even if the same is within his/her Lot. Any violation hereof shall give rise to the
imposition of a penalty against the Owner to be determined by the Declarant or the Association, including
the obligation to restore the fence to its original state. If the Owner fails to comply with the foregoing
provisions within the period set by the Declarant or the Association, the latter may restore the fence at the
expense of the Owner. Expenses or costs incurred by the Declarant shall constitute a lien on the Lot.

2. RESTRICTIONS ON CONSTRUCTION AND DESIGN.

2.1 Design and Construction. No building or any other structure may be constructed, erected, altered,
added or changed on any portion of the Subdivision without the prior written approval of the Declarant or
the Association.

2.2 Consolidation/Subdivision. Individual Lots shall not be subdivided. However, two (2) Lots may be
consolidated into one Lot, provided it shall not thereafter be subdivided and provided further that the
construction on these lots shall be subject to the easements provisions in the Construction Rules and
Regulations and Design Guidelines for the Subdivision.

Three or more Lots may be consolidated and then subdivided into a lesser number of Lots provided that
the resulting Lots shall not be smaller in area than the smallest Lot before consolidation

In all cases, the consolidation/subdivision plan shall be duly approved by the Declarant or its corporate
successors, and assigns, and thereafter by the proper government office or agency, and duly registered
in the proper Office of the Register of Deeds.

2.3 Setbacks and Easements. In line with the Subdivision’s urban theme concept, every Lot Owner is
required to provide in his lot an open space for purposes of landscaping, ventilation, and for the easement
of drainage, sewage, water and other public utilities as may be necessary and desirable.

Building setback shall mean the distance of the building to be constructed from the property line
measured from the exterior face of the wall of the building including bay windows, or any wall projection
there from, including the carport, perpendicular to the property line.

All construction within a Lot shall comply with the following minimum building setback requirements or
such setback standards as may be allowed by the National Building Code.

For Single Detached Units (SDUs)

Lot Type Front Sides Rear

3.00 meters (side fronting street)
Corner / Through 3.00 meters 2.00 meters
2.00 meters (side not fronting street)
Interior 3.00 meters 2.00 meters 2.00 meters

For One-Sided Firewalls

A firewall may be permitted on one side of the Lot provided it does not exceed eighty percent (80%) of the
length of the abutting property line.

For Two-Sided Firewalls

Two-sided firewalls may be permitted provided that one firewall is built on the rear side of the property
and the other firewall is on either the right or left side of the property. Firewalls built on the left and right
side of the property shall not be allowed. For corner lots, however, the firewalls may be built on the rear
side of the lot and one on either the left or right side of the property. Firewalls built on these sides cannot
exceed sixty percent (60%) and forty percent (40%) of that side’s property line. Adjoining firewalls are not
permitted. Lot owners must maintain a minimum area of 2 meters (on the rear side) x 3 meters from the

2
 right end of the rear firewall to the rear end of the right firewall (rear end or the left/right firewall if it is a
corner lot), The Declarant reserves the right to enforce stricter measures in approving or disapproving all
house plans as it deems necessary.

For those sides or areas without firewalls, allotted easements/setbacks shall follow the requirements of
the National Building Code. No firewalls may be built on the front side of the Lot. Construction of firewalls
are not allowed for lot sizes greater than three hundred one (301) square meters.

Lots larger than three hundred square meters (300) sqm. may be subjected to stricter restrictions on
easements. The Declarant reserves the right to subject these lots to more stringent restrictions.

Outside edges of the roofs and/or eaves, including the porte cochere or canopy, all without columns, of
the building must have a roofline setback of one (1) meter from the property line on the sides not fronting
a street and two (2) meters minimum from the property line on the sides fronting a street.

If two or more Lots are consolidated, the stipulated easements and roofline setbacks on the resulting
consolidated area shall apply. Should any alteration of a drainage/utility line become necessary due to a
consolidation of two or more lots, then, the additional cost, if any, shall be for the Owner’s account.
Furthermore, the drainage/utility line must fall within the Owner’s property and should be subject to
easement rules and regulations on access. The Owner shall seek the prior written approval of the
Declarant for construction on consolidated lots.

The Owner, Lessee or Representative shall upon due notice, permit access on his lot by the authorized
representatives of the Declarant, the Association, or public utility entities concerned for the purpose of
determining compliance with which the easement is created (be it to construct, repair, replace, improve,
inspect or maintain the utility systems). No construction of any building/room/structure of any nature shall
be allowed within these set easements.

All residents should respect easements or setbacks allocated for creeks, waterways, and similar objects
under pertinent laws, including but not limited to, the National Building Code and other applicable laws.

2.4. Building Material. All buildings must be of strong materials and be of a type of architecture that is in
harmony with the surrounding landscapes and homes in the vicinity, valued at not less than Twenty
Thousand Pesos (PhP 20,000) per square meter (or based on prevailing construction rates for similar
type of housing) and consistent with the architectural theme of the Subdivision. The minimum value of
new buildings to be constructed on the lots will be reviewed periodically and may be revised from time to
time in order to preserve the overall value of the Subdivision. Structures built of light materials (sawali,
nipa, bamboo, cogon) are prohibited and may be removed by the Declarant or the Association as
nuisance.

The plans and specifications of the building and other structures or any subsequent additions thereto shall
comply with such standards and regulations as may be prescribed by the Declarant or the Association
and other applicable laws and regulations.

2.5. Building Height. Dwelling units are allowed only up to two- (2) storeys high. An attic floor may, however,
be allowed provided the roof apex does not exceed the height limit of nine (9) meters from the highest
sidewalk level fronting the lot. To avoid future disputes on such cases, the Declarant shall have final
decision on matters related to building height. Auxiliary structures are only allowed at the rear portion of
each unit. The height of these buildings must not exceed the height of the main dwelling unit.

For Sloping Lots

Structures to be built on Lots sloping down to the rear of the property must have a maximum height of
nine (9.0) meters measured from the top of the sidewalk fronting the property to the roof apex. However,
in no case shall buildings of three (3) storeys or more be allowed.

Structures on Lots elevated from the sidewalk fronting the property must have a maximum height of nine
(9.0) meters measured from the original construction line of the center of the construction to the roof
apex.

For Lots with two-street frontages as in the case of through- or corner lots, the side on which the driveway
entrance is permitted shall be the basis for determining whether a lot slopes to the rear or is elevated from
the sidewalk.

2.6 Construction Plans. All the plans, specifications, designs, and bills of material of the building or structure
to be built on any lot in the Subdivision, as well as of any additions, repairs or improvements thereon,
shall first be submitted for review and approval of the Declarant and/or the Association at least 30 days
before the start of construction. The Declarant and/or Association may refuse to allow the construction if

3
 the same does not comply with such standards and regulations prescribed by the Declarant and/or
Association or those imposed by law or government rules and regulations. In cases of unauthorized
constructions, the Declarant and/ or the Association may order the stoppage or suspension of the
construction works, of if already completed, to order the removal of such unauthorized structures at the
expense of the Owner, and may take such others steps to prevent the continuing violation of this Deed,
including but not limited to preventing the entry of any person or any material involved in the unauthorized
construction.

2.7 Commencement of Construction. The Owner may commence construction or improvement of his
property in the Subdivision upon such terms and conditions that the Declarant may impose, which may
include the payment of the purchase price or a percentage thereof.

2.8 Construction Bond. As a condition to the approval of his construction plans, the Owner shall be required
to post a construction bond in such amount as the Declarant and/or Association may fix, conditioned on
the payment of any damage the Owner may cause to any of the subdivision facilities or to any property in
the Subdivision, as well payment of penalties for violations of subdivision rules, unpaid association dues
and fees and other obligations owing to the Declarant, without prejudice to other legal actions available to
Declarant, the Association or other property owners. Construction permits shall be issued only upon
payment of a construction bond, which consists of Processing and Inspection fees and refundable
amount.

2.9 Prohibition against Multi-structures. Only one private single-family residential house shall be erected
on each lot or building site although accessory quarters for household help, garage and other structures
intended to complement the residential building, such as gazebos, garage and the like, may be
constructed provided these are not used for residential purposes and do not impair in any way the view of
the neighboring properties, and further provided that they follow the easement restrictions prescribed in
the easements provision in Section 3.4 and plot and coverage ratios in Section 3 hereof. No duplex-type
houses shall be allowed to be constructed on any single lot or adjoining Lots.

2.10 Construction on Wrong Lot. It is the Owner’s duty to survey and confirm the actual meters and bounds
of his Lot before commencing construction. In the event the Owner constructs his house, fence, auxiliary
structure, or any portion thereof, on a Lot not belonging to him, the Owner shall remove said construction
at his sole expense. Should he fail to do so despite notice, the Declarant or the Association may remove
the same, subject to reimbursement from the Owner for expenses incurred in removing said structures.

2.11 Unfinished Structures. Any new structure or building shall be completed in accordance with the
approved plans and ready for occupancy within two (2) years from the commencement of construction. If
not, the Declarant and/or Association shall give final notice to the Owner to either finish construction or
dismantle the unfinished structure within six (6) months from notice. Failure or refusal of the Owner to
complete or dismantle the said structure or building within that period shall vest in the Declarant and/or
Association the right to demolish the unfinished structure or building at the Owner’s sole expense.

2.12 Construction Rules and Regulations; Design Guidelines. The Owner agrees to be bound by the
Construction Rules and Regulations and Design Guidelines as may now or hereafter be promulgated by
the Declarant or the Association. Such rules and regulations shall contain restrictions and guidelines on
the following and other related matters:

a. Plot and Coverage Ratios e. Auxiliary Structures

b. Cutting and Filling of lots f. Landscaping
c. Foundation g. Walls and fences
d. Driveways and sidewalks

3. UTILITIES.

3.1 Rules and Regulations Concerning Basic Utilities. The Owner agrees to be bound by the rules and
regulations to be adopted by the Declarant and/or the Association relative to the installation and
maintenance of basic utilities, including but not limited to the following:

a. Maintenance/Development works of public utilities

b. Water connections and equipment
c. Tapping into drainage, sewer, water supply, electricity, CATV and telephone lines
d. Sewerage and storm drainage
e. Laundry and washing area
f. Power generating sets
g. Airconditioning equipment

4
 3.2 Perpetual Easement. A perpetual easement of right of way through each lot is hereby granted in favor of
the Developer and the Association to enable the latter and their representatives to undertake any
necessary maintenance work and improvements in infrastructure and/or facilities in the Subdivision, after
giving notice to the Owner.

3.3 Reimbursement of Costs. Connection fees, deposits and other costs to connect the Owner’s property to
the main utility lines shall be for the account of the Owner.

3.4 Shared Expenses. If there are several phases in the Subdivision sharing common utility main lines, the
costs of maintenance, repair or upgrading of such utility lines shall be shared pro rata by the different
phases based on the total area of each phase.

4. SUBDIVISION ADMINISTRATION.

4.1 Aerials. No antennae, towers, aerials, satellite/parabular dishes, radio masts, professional/commercial
radio base antennae or other facilities for the reception or transmission of radio or television broadcasts
or other means of communication by radio waves shall be erected or maintained on any Lot without the
prior written approval of the Declarant or the Association.

4.2 Sign Boards. Except for such signs as may be used by the Declarant, its successors-in-interest or
assigns in connection with the development or marketing of the Subdivision, commercial or advertising
signs shall not be placed, constructed or erected on the Lots, houses, or on any part of the Subdivision.
However, nameplates or shingles of professionals measuring no longer than 20 centimeters by 40
centimeters ( or 8 x 16 inches) may be permitted, provided that the materials to be used and the design
are approved by the Declarant and/or the Association.

4.3 Use of Unoccupied Lots. Adjacent unoccupied lot/s may be used for dumping or stockpiling of
construction materials during the construction period, provided prior written consent of the concerned Lot
Owner/s and the Declarant or the Association is secured and provided further that the unoccupied Lot/s
are fenced off during the construction period so as to confine the activities within the work site. Said Lot/s
must be cleaned immediately after construction of the Owner's house., otherwise, the Declarant, and/or
the Association shall have the right to haul or remove for proper disposal all construction materials,
equipment, stockpiling on the unoccupied lot and all expenses incurred shall be charged to the Owner of
the lot on which the house is being constructed.

4.4 Subdivision Rules and Regulations. The Owner agrees to be bound by the Subdvision Rules and
Regulations to be adopted by the Declarant and/or the Association to govern the proper and orderly
administration, operation and maintenance of the subdivision relating to the following and other related
matters:

a. Speed limits h. Pets and animals

b. Traffic signs i. Open spaces and landscaping of common areas
c. Use of streets j. Sidewalks
d. Concrete mixing k. Garbage and sanitation
e. Motor vehicles, parking and car repairs

5. HOMEOWNERS’ ASSOCIATION

5.1 Organization. The Declarant may initiate the organization of the Association among the homeowners, lot
owners, and lot buyers within the Subdivision. Alternatively, at the option of the Declarant, the homeowner
and lot buyers of The Terraces may be included in the existing Highlands Pointe Homeowner’s
Association. The Association shall promote and protect the mutual interest of the Owners and assist them
in community development.

5.2 One Association. There can be only one Association in the Subdivision or if the Subdivision consists of
several phases, in any phase thereof provided the minimum requirements of law are complied with.

5.3 Membership. Each homeowner, lot owner or lot buyer, their heirs, successors, and/or assigns shall
automatically become a member of the Association and each of them shall abide by the rules and
regulations laid down by the Association, relating, but not limited to security, sanitation, conservation,
maintenance, lot development and construction, peace and order, and the general welfare of the
Subdivision and Association.

A Lessee under a lease contract with a term of at least three (3) years may be a member if so allowed in
writing by the Owner. Such Lessee shall pay the membership assessments if the lease contract so
provides. Notwithstanding the lease, the Owner is not relieved from the liability to comply with the
provisions of this Declaration, including the obligation to pay membership dues and assessments should
the Lessee fail to do so.

5
 5.4 Assessment. The Association has the power to assess and collect from each member, his/her heirs,
successors, assigns or lessees, such dues and membership fees in such form and amount as it may
deem necessary for the continued existence of the Association and the implementation of its objectives.
Such dues and membership fees shall constitute a lien on the lot/s junior to that of the liens of the
government for taxes and the valid voluntary mortgage/s entered into in good faith. The Owner hereby
recognizes the Association's authority to annotate on the title of the concerned Owner the aforementioned
lien for unpaid dues and membership fees.

a. The Association may commence collection of dues and assessments from its members upon
signing of the sales documents and upon completion of the basic amenities and facilities of the
Subdivision. Proceeds of collection will be used to finance common expenses such as security
and maintenance of the Subdivision’s common areas and payment for electricity, water, garbage
collection, insurance fees and real property taxes on the common areas. The basis for
determining the starting cost of the association dues may either be on a per square or fixed
amount basis as may be determined by the Association at a later date.

b. Non-payment of Association dues and any assessments shall also entitle the Association to
discontinue garbage collection and/or other services or cut off water provision and/or other
services to the non-paying Owner, buyer or lessee under such terms and conditions as the
Association may promulgate.

c. The maintenance and repair of the Owner’s own property shall be for his own account only. The
Declarant may, at its option and to prevent deterioration and damage, maintain and repair the
unit, and collect such maintenance and repair fees from the Owner.

5.5 Implementation. Any provision herein relative to any required action and/or approval of the Association
will be applicable only when: (1) the Association has actually been organized and registered with the
appropriate government agency by the Declarant; and (2) the Declarant has turned over the management
and administration of the Subdivision to the Association. Prior to these, all requisite actions and/or
approvals by the Association required under this Declaration shall be obtained from the Declarant.

5.6 Voting Right. The members of the Association have proportionate interest and control over the
Association. The voting right is equivalent to one (1) vote per lot regardless of the number of actual
Owners for each Lot and regardless of the size of the Lot. An Owner shall have such number of votes as
he has lots within the Subdivision.

5.7 Turnover of Management and Administration to Association. Management and administration of the
Subdivision shall, at the sole option of the Declarant, be turned over to the Association at any time or
when at least fifty one percent (51%) of all the Lots or units within the subdivision have been sold or
occupied.

5.8 Incorporation of Contractual Stipulations. All applicable stipulations in the sales documents relating to
the Association and the duties and obligations of the Owner, buyer or lessee shall be deemed a valid and
effective part of this Declaration.

6. PERPETUAL EASEMENTS IN FAVOR OF THE DECLARANT

6.1 Subdivision Expansion Plans. The Declarant reserves the right to expand the Subdivision, and for that
purpose,may utilize any roadway, utilities, facilities of the Subdivision, in the course of its expansion. At
the option of the Declarant, the expanded property may or may not be considered to be covered by the
same Association. In the event the Declarant wishes to include the expanded property in the Association,
the Declarant shall execute a Supplemental Declaration to make such inclusion. No consent of the
Association and/or the Owner(s) shall be necessary to effect the same.

In the event that the Declarant or its successors-in-interest purchase and/or develop any property
adjoining and/or adjacent and/or surrounding the Subdivision, a perpetual right-of-way on road lots,
alleys, open spaces and facilities shall be enjoyed by the Declarant, its successors-in-interest,
employees, contractors, consultants, suppliers, buyers, representatives, assigns and visitors subject to
the security and maintenance regulations of the Declarant and/or Association provided such regulations
shall not require the Declarant to pay any toll fees for the use of roads by the service vehicles and
delivery vehicles of the Declarant or its consultants, contractors and suppliers and provided further that
such regulations are not more onerous than those applied to the Owners.

7.OTHERS

7.1 Utilities/Facilities. Tapping into any utility line, whether for drainage, sewer, water supply, electrical, ATV
and telephone lines, shall be done only under authority or permit of the Declarant or the Association. The

6
 Declarant and/or the Homeowners Association has the right to disconnect any unauthorized utility
connection.

a. Should it become necessary that any pole, wires, and/or appurtenances connected therewith,
including guy wires be relocated or removed, the same shall be done only by the utility company
upon the request of the Owner. Expenses to be incurred for the same shall be shouldered by the
Owner as the beneficiary of the relocation or removal thereof.

b. Booster pumps directly connected to the main water pipe shall not be allowed. The Owner may
install, however, such pump to draw water from the ground storage tank supplied by natural
pressure from the water main. No drainage line outside the property may be installed without the
prior written approval of the Declarant or the Association. Boring through concrete curb and
gutter shall likewise not be allowed.

In case of any damage done to the water mains and/or drainage system by the Owner or his
contractor, the same shall be repaired at the expense of the Owner.

The Owner further agrees to pay such rate or rates as the ration or Association shall hereafter
charge for the proper operation, upkeep and maintenance of the subdivision’s water supply
system. In addition, the Owners shall bind themselves to pay for the maintenance of the water
tank.

c. The design and construction of the septic tank must be in accordance with the standards
prescribed by the appropriate government office/agency. The design and construction plans
must have prior written approval by the appropriate government office/agency and the Declarant
or Association before construction. Violation hereof shall give the Declarant and/or the
Association the right to discontinue service to the Owner who shall further be liable to repair any
damage that may be occasioned thereby.

7.2 Temporary Structures. No structure, which is temporary in character, including, but not limited to any
trailer, tent, shack, garage, barn, or other out-building structure shall be used on any Property at any time.
However, the Declarant reserves the right to construct and maintain temporary buildings, structures and
vehicles on the Subdivision in connection with the construction and administration of its initial
improvements.

7.3 Speed Limit and Traffic Signs. All motorists shall observe the speed limit, traffic regulations and
parking signs set by the Association. Any violation would be subject to fines as may be determined by the
Association.

7.4 Easement in favor of the Declarant. A perpetual easement is hereby reserved in favor of the Declarant
for the maintenance and improvements of infrastructures and facilities. Maintenance and care of the
trees and landscaping shall be the joint responsibility of the Association and the Owner of the Property
where the trees and landscaping features are located.

8. ALTERATION OF SUBDIVISION PLANS

8.1 Right To Alter. The approved plans of the Subdivision may be amended, altered or changed by the
Declarant for any reason in the manner provided by law.

9. GENERAL AND MISCELLANEOUS PROVISIONS

9.1 Non-Performance of Obligations. No delay or omission by the Declarant or the Association in the
exercise of any right or remedy hereunder shall be deemed to be a waiver of such right or remedy or shall
impair the subsequent exercise thereof or the exercise of any similar right or remedy accruing thereafter.
The failure of any Owner to perform its obligations hereunder shall not release any other Owner from the
performance of such or similar obligations.

9.2 Effectivity of Declaration. Except the restrictions which are made permanent and perpetual in this Deed,
this Declaration shall run and bind the Subdivision, the Lot, the Owners, their heirs, grantees, Lessees,
successors and assigns for a term of fifty (50) years from the date this Declaration is recorded in the
Registry of Deeds, subject to such further extension as may be approved by the Association.

9.3 Right of Inspection. The Declarant or the Association or its successors and their authorized
representatives shall have the right, during reasonable hours of the day upon due notice, to enter and
inspect any Lot to ascertain compliance with all provisions of this Declaration.

7
 Compliance with the Declaration may be enjoined and/or enforced through judicial or administrative action
by the Declarant without prejudice to other extra-judicial remedies such as, but not limited to, the
discontinuance of utility, security and other services to the non-complying Owner or Lot and the imposition
and collection of appropriate fines, penalties and indemnities.

9.4 Notice of Sale, Assignment or other Transfer. The Owner shall notify the Declarant in writing of any
sale, lease, assignment or transfer of his/her Lot to a third party not later than five (5) days from the date
of such sale, lease or transfer. Unless and until such notice is received by the Declarant, such sale,
assignment, lease or transfer shall not be recognized by the Declarant for any purpose. Consequently,
the Declarant or Association may refuse entry of trucks or vehicles to be used to haul the furniture of the
transferor or transferee. Prior to receipt by the Declarant of any notification of transfer/sale, any and all
communications given by Declarant shall be deemed given to the transferee if given to transferor.
Provided, however, that the Declarant or Association shall not recognize any transfer where there still are
unpaid assessments due on the Lot. In case there are outstanding association dues, the transferee shall
be responsible for updating the same.

9.5 Amendment of Declaration. Until the management and administration has been accepted by the
Association, the Declarant shall have the unilateral and exclusive right to amend, supplement or revise
this Declaration. The Association has no right to amend, repeal, alter, or modify Section 5 hereof granting
in favor of the Declarant certain perpetual easements mentioned therein, as such right is reserved
exclusively to the Declarant.

9.6 Rules of Interpretation. Where there is conflict between this Deed of Restrictions and the Construction
Rules and Regulations, Design Guidelines and Subdivision Rules and Regulations, the provisions and
intent of the Deed of Restrictions shall prevail. Pending resolution of such conflict, the Owner shall
continue to comply with these restrictions until such time that they are set aside or amended.

9.7 Severability. Should any provision or portion of this Declaration be declared invalid or in conflict with any
provision of law, the validity of the other provisions and portions hereof shall remain unaffected and in full
force and effect.

IN WITNESS WHEREOF, the Declarant has executed this Declaration at the date and place hereinabove
stated.

FILINVEST LAND, INC.

By:

Antonio E. Cenon
First Vice President

Signed In The Presence Of:

_________________________ _________________________

ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES

(______________________________) s.s.

BEFORE ME, a Notary Public, for and in _________, this _________ day of _____________, personally
appeared Antonio E. Cenon with Community Tax Certificate No. _____________issued on _______________ at
San Juan, Metro Manila, representing Filinvest Land, Inc. with Community Tax Certificate No. ___________
issued on ___________ at San Juan, Metro Manila known to me and to me known to be the same persons who
executed the foregoing Master Deed and Declaration of Restrictions, and who acknowledged to me that the same
is his voluntary act and deed and that of the Declarant which he represents.

IN WITNESS WHEREOF, I have hereunto set my hand seal on the date and place above mentioned.

Doc. No. __________;

Page No. __________;
Book No. __________;

8
Series of 200__