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CONTRACT OF LEASE

KNOW ALL MEN BY THESE PRESENTS:

This Contract of Lease, made and executed on this 7th


day of FEBRUARY, 2018 at DIGOS CITY, Philippines, by and
between:

CYNNEST KAYE S. RAMOGA, of legal age, single, Filipino citizen,


with residence at PRK. MADASIGON, STA.ANA, SUGAR ROAD, TRES DE
MAYO, DIGOS CITY, DAVAO DEL SUR, Philippines, and herein
referred to as the LESSOR;

- and –

NORLAINIE C. OMAR, of legal age, single, Filipino


citizen, with residence at PHASE 2, LOT 15, BLK. 5,
SANDAWA SUBDIVISION,KIDAPAWAN CITY, NORTH
COTABATO, Philippines, and herein referred to as the
LESSEE;

W I T N E S S E T H:

WHEREAS, the LESSOR is the owner of a condominium


unit located at 5th Street, Mabini Village, Digos City, more
particularly described as follows:

Condominium Certificate Title No. 0911


Register of Deeds for Digos City
Mabini Village
Republic Act No. 4723
Unit B-2-10-4-D3-3
“A residential unit located at the 5th Street of Mabini Village
containing an area of SEVENTY ONE SQ. METERS AND
TWENTY FIVE SQ. DECIM. more or less.”

WHEREAS, the LESSEE desires to occupy the above-


named condominium unit and the LESSOR is willing to lease
the same unto the LESSEE, subject to the terms and
conditions hereinbelow set forth.

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

1. TERM: This LEASE shall be for a duration of ONE (1) year


commencing from March 1, 2018 and to end on March 1,
2019, renewable at the option of the LESSEE at such new
terms and conditions as may be agreed upon by the parties.

2. RENTAL: The LESSEE agrees to pay the LESSOR the


monthly rental fee of Pesos: TEN THOUSOUND PESOS (PHP
10,000), Philippine currency. Upon signing of this Contract
of Lease, the LESSEE shall pay the LESSOR One (1) month
rental in advance in the sum of TEN THOUSAND PESOS
(PHP 10,000) to be applied on the last month of the term of
this LEASE. The LESSEE shall also issue Eleven (11) post-
dated checks covering the monthly rentals for the duration
of this LEASE.

3. DEPOSIT: The LESSEE shall also pay the LESSOR the sum
of Two (2) months deposit of Pesos: TWENTY THOUSAND
PESOS (PHP 20,000), Philippine Currency, to guarantee the
payment of any damage to the leased premises, unpaid
utilities and other obligations to third parties by the LESSEE
during the term of the agreement, which deposit shall bear
no interest. Unless applied to said damages, unpaid utilities
and other obligations to third parties, said deposit shall be
returned to the LESSEE within Fifteen (15) days after the
termination of this agreement: Provided, however, that the
deposit cannot be applied to unpaid back rentals owed by
the LESSEE prior to the expiration of this agreement.
Furthermore, if the LESSEE vacates the premises before the
expiration of the period of lease, the total amount of the
deposit and advance rentals shall be forfeited in favor of the
LESSOR.

4. ASSOCIATION DUES: Association dues per month of Pesos:


TWO THOUSAND (PHP 2,000), Philippine Currency or as
may be determined by the Association from time to time,
including interest or penalties that may be imposed for late
payment, shall be for the account of the LESSEE.

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5. USE OF THE PREMISES: The premises shall be used
exclusively for residential purposes only of the LESSEE and
the immediate members of her family and shall not in any
way be used for any illegal or unlawful activity or to keep
materials, chemicals and other matters considered as fire
hazards or nuisance to the building.

6. IMPROVEMENTS: The LESSEE shall not make any


alteration, structural changes or improvement in the leased
premises without the prior written consent of the LESSOR.
However, at the termination of the lease, the same not
having been renewed by the parties, the LESSEE shall
restore the leased premises in its original state existing at
the commencement of the agreement. Restoration of the
LEASED PREMISES shall be for the exclusive account of the
LESSEE. Any improvement after the lease is terminated and
after the LESSEE shall have vacated the premises shall
belong to the LESSOR.

7. FACILITIES: All charges for water, electricity, telephone,


association dues and other public utilities used in the leased
premises as well as janitorial and security services or any
other charges as may be imposed by the building
administrator of the condominium building shall be for the
account of the LESSEE. The LESSEE hereby guarantees the
prompt payment of any and all charges heretofore
mentioned as they fall due. Any delay in the payment thereof
shall constitute a material breach of this agreement.

8. INSURANCE: The LESSOR shall insure the leased premises


against fire. Should the leased premises be damaged by fire,
earthquake, storm or any fortuitous events to the extent that
the same be rendered untenable this agreement shall be
automatically canceled and the deposit as well as the
unused portion of the advance rentals be refunded within
FIFTEEN (15) days, minus any unpaid obligation.

9. REPAIRS: The LESSEE shall, during the duration of the


lease, make all minor repairs on the leased premises to
preserve the same in serviceable or tenantable conditions at
the LESSEE's expense except replacement of parts due to
natural wear and tear. The LESSEE, however, shall give
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advance written notice to the LESSOR of Ten (10) days prior
to undertaking any minor repair. All damages caused to the
leased premises due to the fault, misuse, carelessness,
and/or negligence or on account of the use thereof by the
LESSEE and other occupants therein shall be made good
and repaired by the repairs done. Should the LESSEE failed
to make the necessary and appropriate repairs within five (5)
days from demand, the LESSOR shall undertake the needed
repairs and shall charge the costs thereof to the LESSEE.

10. INSPECTION OF THE PREMISES: To ensure that the lease


premises is being maintained in good and tenantable
conditions, the LESSOR or his authorized representative is
hereby given the right after due notice, to enter and inspect
any part of the leased premises during reasonable hours and
as the occasion thereof might require.

11. ASSIGNMENT AND SUB-LEASE: The LESSEE hereby shall


have no right to assign or transfer its rights, interest and
obligations under the lease contract or sub-lease contract
premises or any portion thereof to any person or entity
without the prior written consent of the LESSOR.

12. INJURY OR DAMAGE: The LESSEE hereby assumes the full


responsibility for any damage which may be caused to the
person or property of any third person in the leased
premises during the duration of the lease. LESSEE further
binds himself to hold the LESSOR free and harmless from
damages as a result thereof, unless such damage or liability
arose out of structural or other inherent defects in the
leased premises or is due to the fault of the LESSOR, his
agent or representatives.

13. SALE OF LEASED PREMISES: The LESSEE recognizes the


right of the LESSOR to sell or otherwise convey ownership of
the leased premises to any other interested party, provided
the LESSEE's rights under the lease are respected.

14. HAZARDOUS AND PROHIBITED MATERIALS: The


LESSEE shall not keep or store in the lease premise any
hazardous and obnoxious substance or inflammable
material or substance that might constitute a fire hazard or
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other chemicals and materials or prohibitive drugs in
violations of the laws of the Philippines.

15. RULES AND REGULATIONS: The LESSEE binds himself to


comply with the existing rules and regulations promulgated
by the building administrator and/or association and any
other environmental or other laws, ordinances, rules and
regulations applicable to the leased premises.

16. VIOLATIONS: The LESSOR may, at these options, consider


this agreement automatically rescinded and canceled,
without need of any court action, upon TEN (10) day-notice
given to the LESSEE based on any of the following grounds:

a. Failure of the LESSEE to pay two (2) months advance


rental and other bills or charges therefore mentioned as
they fall due for any reason whatsoever within the period
to pay.

b. For any violation made by the LESSEE or its agents and


representatives of any of the terms and conditions
stipulated in this contract.

c. In case the leased premises shall be vacated or


abandoned for a period of thirty (30) days without prior
written notice to the LESSOR. Consequently, the
LESSOR is hereby permitted authorized by the LESSEE
to enter the premises, either by force or otherwise,
without being liable to prosecution therefor.

Upon termination of the contact of lease based on any of the


foregoing grounds and upon demand, the LESSEE shall
immediately vacated and peacefully surrender possession of
the lease premises to the LESSOR or his duly authorize
representative.

17. REMEDIES: In addition to the provisions of the proceeding


paragraph, the LESSEE hereby acknowledges and
recognizes the right of the LESSOR to avail or resort to any
or all of the following remedial measures without need of
court action:

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a. In case of failure of the LESSEE to pay or settle any due
and unpaid obligations (rentals, electricity, water,
telephone, association dues etc.) as provided for under
this lease contract, the LESSEE hereby authorizes the
LESSOR, who is hereby given the right, to disconnect all
facilities such as but not limited to disconnect all
facilities such as but not limited to electricity, telephone,
water in the leased premises without need of further
notice to the LESSEE.

b. Likewise, until the aforesaid unpaid obligations are paid


or settled, the LESSEE hereby given the rights, to re-
renter the lease premises, remove all persons therefrom,
take possession of any of all furniture, fixtures and
equipment's found thereon or therein and/or padlocked
the door of the premises.

c. Moreover, by way of a security or to secure the payment


of any of the unpaid obligations of the LESSEE, the
LESSEE consents and authorizes the LESSOR to retain
possession of any of all the furniture, fixtures and
equipment's that may found on the premises as
belongings to the LESSEE until such time that all the
unpaid obligations of the LESSEE are paid or settled.

d. If after ten (10) days from the date the LESSOR shall
have taken possession of the aforesaid furniture, fixtures
and equipment by way of security, the LESSEE still fails
to pay or settle its unpaid obligations to the LESSOR the
LESSEE hereby consents and authorizes the LESSOR to
sell by way of public or private sale any or all the
furniture's fixtures equipment as may be sufficient to pay
or settle the lessee's unpaid obligations plus the accrued
interests and attorney's fee equivalent to 25% of the total
amount due and unpaid. All expenses that may be
incurred in the sale shall be for the account of the
LESSEE.

For purposes of selling the aforesaid properties, the


LESSEE hereby irrevocably appoints the LESSOR as its
attorney-in-fact to sell and dispose of any or all of the
aforesaid the property of the LESSEE in a private or public
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sale at a price as may be determined to be just and
reasonable by the LESSOR and to apply the proceeds
therefrom to any or all the unpaid obligations of the
LESSEE.
If the sale proceeds should prove to be inadequate to fully
payer settle the unpaid obligations of the LESSEE, the
LESSEE shall remain liable to the LESSOR for any of the
deficiency.
Should the proceeds of the sale of any of the aforesaid
properties be sufficient to pay or settle all of the lessee's
unpaid obligations, the LESSEE may get back its other
properties not sold by the LESSOR. If after thirty (30) days
from written notice of the LESSOR directed to the last
known address of the LESSEE, the LESSEE still fails to get
back the remaining properties, said properties shall then be
deemed abandoned in favor of the LESSOR.

18. ATTORNEY'S FEE: In case the LESSOR resorts to judicial


action base upon or in connection with this lease contract,
the LESSEE hereby agrees to pay attorney's fee equivalent to
ONE HUNDRED (100%) percent of the total amount involved
per claimed by the LESSOR as against the LESSEE plus all
court expenses and/or costs of litigation.

19. VENUE: All court actions from this contact of lease shall be
filed only in the proper courts of Digos City, Philippines to
exclusion of all other courts.

20. TIME OF ESSENSE: Time is the essence hereof any waiver


by the LESSOR of a breach of any term, covenant or
condition herein contained, whether express or implied,
shall not constitute of a waiver of any subsequent breach
thereof, or a breach of covenant to pay the rent so accepted.
No waiver by the LESSOR shall be deemed to have been
made unless expressed in writing and signed by the
LESSOR.

21. This CONTRACT OF LEASE shall be valid and binding


between the parties, their successors-in-interest and
assigns.

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IN WITNESS WHEREOF, parties herein affixed their
signatures this 7th day of February 2018 in Digos City,
Philippines.

CYNNEST KAYE S. RAMOGA NORLAINIE C. OMAR


_________________________ ________________________
(Lessor) (Lessee)

WITNESSES

ROMEO P. ALCALA, Jr.


__________________________ _________________________
AUBREY C. BONILLA

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ACKNOWLEDGMENT

REPUBLLIC OF THE PHILLIPINES }


CITY OF DIGOS } S.S.

BEFORE ME, this 7th day of FEBRUARY, 2018 in the


City of Digos, personally appeared:
Name Competent Evidence of Identity Place and
Date of Issue
NORALAINIE Kidapawan City,
SSS No. 08-2451238-9
____________
C. OMAR ______________________________ ____________
November 2017

CYNNEST KAYE S. Digos City,


____________
RAMOGA ______________________________
PhilHealth No. 16-025765150-6 ____________
September 2017

AUBREY C. Bansalan,
GSIS No. 06-2382451-11
____________
BONILLA ______________________________ ____________
November 2017

ROMEO P. Digos City,


____________
ALCALA, Jr. ______________________________
PhilHealth No. 07-515002576-12 ____________
September 2017

known to me to be the same person who executed the


foregoing instrument, and acknowledged that the same are
their free act and deed.
HEREBY CERTIFY that this foregoing instrument refers
to a Contract of Lease consisting of NINE (9) pages including
this page on which this Acknowledgement is written, signed by
the parties and their instrumental witnesses on each page
hereof, and they acknowledged to me the same is their free
voluntary act and deed.
WITNESS MY HAND AND NOTARIAL SEAL at Digos City,
Philippines this 7th day of February 2018.

ATTY. CYNNEST KAYE RAMOGA


Notary Public
UNTIL DECEMBER 31, 2019
Doc. No. 09; IBP NO. 987654/01-09-2018
Page No. 16; PTR NO 00754345-A
Book No. III; ISSUE ON 01-06-2017 AT DIGOS CITY
Series of 2017. ROLL OF ATTY NO. 64728
MCLE NO. 111-00123456786-67-0

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