Real Estate Mortgage, Donation

1

Republic of the PhilippinesREGIONAL TRIAL COURT OF DAVAO

11th Judicial RegionOFFICE OF THE EXECUTIVE JUDGE

Davao City

IN THE MATTER OF THE PETITION FOR COMMISSION AS NOTARY PUBLIC FOR THE CITY OF DAVAO UNDER THE TERRITORIAL JURISDICTION OF THISHONORABLE COURT

MIDES MARI S. CERBO Petitioner.x----------------------------------------x

1. P E T I T I O N

PETITIONER, MIDES MARI S. CERBO (hereinafter “Petitioner”) to this Honorable Court, most respectfully files this petition for her Commission as a Notary Public for the City of Davao. In support of this petition, she states, that: 1. Petitioner possesses the eligibility for commissioning as Notary

Public as shown by her following personal circumstances:0. Nationality : Filipinob. Date/ Place of Birth : September 10,1978/ Maco, COMVAL c. Residence : 43 Toscana Subd, Puan, Davao Cityd. Telephone No. : 2227701e. PTR Number : 9959678 July 15, 2014, Davao Cityf. Roll of Attorney No. : 66178, April 11, 2014g. IBP Number : 987022 July 8, 2014, Davao City

2. Petitioner has satisfactorily completed the required course in law at the Ateneo de Davao University, Davao City on April 21, 2013; passed the Bar Examinations of October, 2013 and admitted to the practice of law in April 11, 2014; 3. Petitioner holds office at the following address:

SKYLARCS LAW OFFICE2F Dr8 Aala Bldg MacArthur Highway, Matina, Davao City 8000Philippines

2

4. Petitioner is a resident of the Philippines since birth;

5. Petitioner has not been convicted, much less, charged with any offense involving moral turpitude;

6. Petitioner is a member of good standing of the Philippine Bar as shown by the following certification:

0. Certification of No Pending Administrative Case issued by the Bar Confidant’s Office of the Supreme Court, Manila (Annex “A”),

b. Certification of No Criminal Case filed against her issued by the Office of the Clerk of Court, Regional Trial Court,

Davao City (Annex “B”). c. Certification as a Member of Good Standing issued by the

IBP-Davao City Chapter (Annex “C”).

7. Three of Petitioner’s identification pictures with corresponding signatures at the bottom are attached in this petition;

8. Petitioner is not a member of any subversive association or any association advocating to overthrow the existing government;

9. Petitioner is not a government employee and she has not applied for nor was she issued a Commission as a Notary Public in any other jurisdiction for the current year;

10. Petitioner has paid his membership fee with the Integrated Bar of the Philippines as per IBP Official Receipt No. 987022 dated July 8, 2014, a photocopy of which is attached hereto as Annex “D”. Petitioner has also paid the Professional Tax Receipt due his as evidenced by PTR No. 9959678 dated July 15, 2014, a photocopy of which is also attached herewith as Annex “E”.

11. The true impression of Petitioner’s notarial seal is attached to this Petition together with the three specimens of her signature as Annexes “F” and “G” respectively.

3

2. P R A Y E R

WHEREFORE, petitioner respectfully prays that she be commissioned as Notary Public for the City of Davao.

Respectfully submitted.

August 15, 2014, Davao City, Philippines.

ATTY. MIDES MARI S. CERBO Petitioner

SKYLARCS LAW OFFICE 2F Dr8 Aala Bldg MacArthur Highway, Matina, Davao City 8000 PhilippinesRoll No. 66178MCLE Compliance No.: III-0075618PTR No 9959678 July 15, 2014, Davao CityIBP No. 987022 July8, 2014, Davao City

4

REPUBLIC OF THE PHILIPPIES)City of Davao ) S.S.

VERIFICATION

I, MIDES MARI S. CERBO, Filipino, of legal age, married and a resident of 43 Toscana Subd, Puan, Davao City, after being duly sworn to in accordance with law hereby state:

1. That I am the petitioner of the above instant case.

2. That I have caused the preparation of the above-entitled petition.

3. That I have read the same and that it is true and correct based on my personal knowledge or based on authentic records.

4. That I hereby certify under oath in this petition as follows:

a. I have not theretofore commenced any action or filed any action or claim involving the same issue in any court, tribunal or quasi-judicial agency and, to the best of my knowledge, no such other pending action or claim is pending therein;

b. If there is such other pending action or claim, a complete

statement of the present status thereof; and

c. If I should thereafter learn that the same or similar action or claim has been filed or is pending, I shall report that fact within five (5) days therefrom to the court wherein the aforesaid complaint or initiatory pleading has been filed.

Affiant further sayeth naught.

IN WITNESS WHEREOF, I have hereunto affixed my signature this 15th of August 2014, Davao City, Philippines.

ATTY. MIDES MARI S. CERBO

CTC No.:11385970 Issued on Jan. 8, 2014

Issued at Davao City

5

SUSBCRIBED AND SWORN TO before me, a notary in the City of Davao, personally appeared above name with her Community Tax Certificate Number as shown above and exhibiting to me her Driver’s License No. L-024851 issued by the Land Transportation Office of Davao City and which will expire on September 10, 2015, who is personally known to me to be the same and/ or identified through competent evidence of identity as defined by Rules on Notarial Practice, who presented the foregoing instrument and signed the instrument in my presence, and who took an oath before me as to such instrument.

Witness my hand and seal this August 15, 2014.

Notary Public

Doc. No. Page No.Book no.Series of 2014.

ARTURO O. TANUntil December 31, 2014. ROLL NO. 31523Notarial Commission Serial No. 140-2012PTR No. 1077037. 12/13/11. Davao CityIBP No. 838580. 12/13/11. Davao CityPEREZ LAO & TAN LAW OFFICES CO.Suite105 FTC Bldg, Malvar St., Davao CityTIN 101-150-960

6

PETITIONER MIDES MARI S. CERBO SPECIMEN SIGNATURE

__________________________

__________________________

___________________________

THREE PASSPORT SIZE COLOR PHOTOGRAPHSSIGNED AT THE BOTTOM BY PETITIONER

7

Republic of the Philippines}City of Davao. . . . . . . . . . . .}S.S.

AFFIDAVIT OF OWNERSHIP

I, REBECCA B. TORCULAS, of legal age, married, Filipino and a resident of Davao City, after being sworn to in accordance with law, do hereby depose and state:

1. I am the owner of the following Motor Vehicle:

MAKE : KiaSERIES : PicantoTYPE OF BODY : Hatchback SERIAL/CHASSIS NO. : KNABA12345T678918ENGINE NO. : G4HG1234567PLATE NO. : LFV-145

2. I acquired the foregoing from my deceased uncle Jose Miguel A. Cruz in 2011;

3. I have the full capacity to dispose of the foregoing motor vehicle and that it is not under lien or encumbrance;

4. I execute this affidavit to attest to the truth of the foregoing facts.

IN WITNESS WHEREOF, I have hereunto set my hand this 8th day of December 2014 in Davao City.

REBECCA B. TORCULAS Affiant SSS I.D. NO. 09-234567-5

SUBSCRIBED AND SWORN to before me, this 8th day of December 2014 in Davao City. Affiant exhibited the foregoing government identification card issued at Davao City, Philippines on April 5, 2010.

Notary PublicDoc. No.______; Page No.______; Book No.______;Series of 2014.

ATTY. MIDES MARI S. CERBO Until December 31, 2015. ROLL NO. 66178Notarial Commission Serial No. 368-2014PTR No. 9959678. 7/15/14. Davao CityIBP No. 987022. 7/8/14. Davao CitySKYLARCS LAW OFFICE2F Dr8 Aala Bldg MacArthur Highway, Matina, Davao City 8000PhilippinesTIN 932-789-988

8

REPUBLIC OF THE PHILIPPINES)CITY OF DAVAO ) S.S.

AFFIDAVIT OF LOSS

I, JOY P. FULGAR, of legal age, single and residing at Bo. Obrero, Davao City, after having been duly sworn to according to law hereby depose and state:

1. That I am the owner of a Samsung cellular phone model Galaxy-Y with unit number 0917-5555555 under account number 222222;

2. That on the 15th of December, 2014 with a number of books and packages I was carrying while getting out of my car, my said cellphone must have slipped from my pocket because after I reached my office, I hurriedly tried to get my said cellphone from my pocket but I was a little bit shocked as it was not there anymore;

3. That after diligent search inside my car and the stairs and elevator used going up my office, my said cellphone was nowhere to be found anymore;

4. That I am executing this affidavit in order to attest to the truth of the foregoing circumstances and for the purpose of reporting the loss to the Globe business center.

IN WITNESS WHEREOF, I have hereunto set my hand this 16th day of December, 2014 at the City of Davao.

____JOY P. FULGAR____Name and Signature of Affiant

SUBSCRIBED AND SWORN to before me, this 16th of December 2014 in Davao City, by Affiant who exhibited to me her Driver’s License with No. L02-05-178411 issued at Davao City, Philippines with date of expiry on September 17, 2015.

Notary PublicDoc. No.______; Page No.______; Book No.______;Series of 2014.


9

Republic of the Philippines}City of Davao. . . . . . . . . . . .}S.S.

JOINT AFFIDAVIT OF TWO DISINTERESTED PERSONS

We, R-DIN L. TACUBAN and JOSE MIGUEL R. LINDAYAG, both of legal ages, married, Filipinos and residents of Davao City, after being sworn to in accordance with law, do hereby depose and state:

1. We personally know the person of MARIA ALEXANDRA ANCHETA born to the spouses ALEXANDER ANCHETA and NIMFA RICALDE-ANCHETA on MAY 16, 1993 in Davao City because we have been long time friends;

2. We also know that in her Certificate of Live Birth, her mother has been erroneously registered as NINFA RICALDE-LINDAYAG instead of NIMFA RICALDE-LINDAYAG;

3. In all her mother’s previous personal, business and official dealings, she has been using the name NIMFA RICALDE-LINDAYAG until she learned of her registered name in said Certificate of Live Birth;

4. It was also erroneously registered that her parents’ marriage was on August 10, 1991 in Manila when in fact, they were not married yet at that time of her birth;

5. The NIMFA RICALDE-LINDAYAG that we know and the NINFA RICALDE-LINDAYAG is one and the same person;

6. We execute this affidavit to attest to the truth of the foregoing facts and to apprise the proper authorities thereof.

IN WITNESS WHEREOF, we have hereunto set our hands this 20th day of December 2014 in Davao City.

R-DIN L. TACUBAN JOSE MIGUEL R. LINDAYAG Affiant Affiant

SSS I.D. NO. 09-324579-7 SSS I.D. NO. 09-234571-3Issued at Davao City Issued at Davao CityPhilippines Philippines

10

SUBSCRIBED AND SWORN to before me, this 20th day of December 2014 in Davao City, by affiants, who are personally known to me, exhibited to me the foregoing government issued identification cards respectively found below their names.

Notary Public

Doc. No.______; Page No.______; Book No.______;Series of 2014.


11

DEED OF ABSOLUTE SALE OF MOTOR VEHICLE

KNOWN ALL MEN BY THESE PRESENTS:

I, MANUEL S. RABE (herein referred to as “VENDOR”), of legal age, Filipino, married to Sarah Jane B. Rabe, and a resident of Maa, Davao City, do hereby depose and state that I am the lawful, absolute and registered owner of a certain motor vehicle particularly described as follows:

MAKE : ISUZUSERIES : D-MAXTYPE OF BODY : Pick-upSERIAL/CHASSIS NO. : KACMV12345H234567ENGINE NO. : J8TD1234567 PLATE NO. : LGH-357

That for and in consideration of the sum of FIVE HUNDRED THIRTY THOUSAND (Php.530,000.00) PESOS, Philippine Currency, receipt of which is hereby acknowledged from HIPOLITO D. ANCHOPAS, herein referred to as VENDEE, Filipino, of legal age, and a resident of Torres St.,Davao City, in full satisfaction of the purchase price of the above-described vehicle, by virtue of these presents, VENDOR does hereby sell, convey and transfer by way of absolute sale unto said VENDEE, his heirs, assigns, and successors-in-interest, the above-described motor vehicle.

VENDOR hereof further declares that the said motor vehicle is free from liens and encumbrances and shall defend its ownership from any and claims whatsoever.

VENDEE expressly undertakes to register this Deed of Sale and to obtain a new registration certificate in his name, and assumes the liability and responsibility as owner of the vehicle immediately upon execution hereof.

IN WITNESS WHEREOF, the parties have hereunto set their hands this 23rd day of December 2014 at Davao City, Philippines.

MANUEL S. RABE _HIPOLITO D. ANCHOPAS_ Vendor Vendee


12

With my marital consent:

SARAH JANE B. RABESSS I.D. NO. 09-323459-6Issued at Davao City

Philippines

Signed in the Presence of:

___REYNALDO R. PEREZ ___ _CATALINA D. BENJAMIN_ SSS I.D. NO. 09-123456-7 SSS I.D. NO. 09-987654-3

Issued at Davao City Issued at Davao CityPhilippines Philippines

ACKNOWLEDGEMENT

REPUBLIC OF THE PHILIPPINES )C I T Y O F D A V A O ) S.SX - - - - - - - - - - - -x

BEFORE ME, this 23rd day of December 2014, in the City of Davao, personally appeared to me, above named persons, with their Government Identification as above indicated, known to me to be the same persons who executed the foregoing instrument, and they acknowledged to me that the same is their voluntary act and deed.

This instrument consist of two (2) pages including this page wherein the acknowledgment is written and signed by the parties and their two (2) instrumental witnesses on each and every page thereof.

IN WITNES WHEREOF, I have hereunto set my hand, the day, year and place above written.

Notary Public



13

DEED OF ABSOLUTE SALETRANSFER OF RIGHTS

KNOW ALL MEN BY THESE PRESENTS:

This DEED OF ABSOLUTE SALE made and executed in Davao City, Philippines, on this 28th day of December 2014 between ANGELA MARIE R. LOPEZ , of legal age, Filipino, married to SATURNINO K. LOPEZ, and a resident of Davao City, hereinafter referred to as the FIRST PARTY; and JOSEPH H. VARONA of legal age, Filipino, married to KATRINA M. VARONA, and a resident of Davao City, hereinafter referred to as the SECOND PARTY;

The FIRST PARTY is the owner of the motor vehicle herein described:

MAKE : TOYOTASERIES : Hi-Ace CommuterTYPE OF BODY : VANSERIAL/CHASSIS NO. : TGHMV12345H234321ENGINE NO. : J8XW1234123 PLATE NO. : LGV-897

The SECOND PARTY is the owner of the motor vehicle herein described:

MAKE : ISUZUSERIES : D-MAXTYPE OF BODY : Pick-upSERIAL/CHASSIS NO. : KACBG12345H765456ENGINE NO. : J8KY1234567 PLATE NO. : LGH-574

For and in consideration of TWO HUNDRED FIFTY THOUSAND PESOS (Php.250,000.00) Philippine Currency and the motor vehicle owned by the SECOND PARTY as described above, the FIRST PARTY hereby SELLS, TRANSFER and CONVEYS, unto the SECOND PARTY, the foregoing motor vehicle, together with all the accessories found therein, free from all liens and encumbrance including the rights and privileges granted in the Certificate of Public Convenience in LTFRB Case No. 2001-XI-00174 on the line DAVAO-COTABATO ROUTE.

IN WITNESS WHEREOF, the parties have hereunto set their hands this 28th day of December 2014, in Davao City, Philippines.

A NGELA MARIE R. LOPEZ _ JOSEPH H. VARONA__ First Party Second Party


14

With our respective marital consent:

SATURNINO K. LOPEZ KATRINA M. VARONASSS I.D. NO. 09-327899-6 SSS I.D. NO. 07-783525-8Issued at Davao City Issued at Davao City

Philippines Philippines


___Romualdo R. Bagte ___ _Francisco D. Dominlob_ SSS I.D. NO. 07-763407-7 SSS I.D. NO. 09-547865-3


ACKNOWLEDGEMENT


BEFORE ME, this 28th day of December 2014, in the City of Davao, personally appeared to me, above named persons, with their Government Identification as above indicated, known to me to be the same persons who executed the foregoing instrument, and they acknowledged to me that the same is their voluntary act and deed.

This instrument consist of two (2) pages including this page wherein the acknowledgment is written and signed by the parties and their two (2) instrumental witnesses on each and every page thereof.


Notary Public



15

DEED OF ABSOLUTE SALE


This DEED, made and entered into by:

LORNA B. GALINA, of legal age, Filipino, married to NOEL D. GALINA, and residing at Puan, Davao City, hereinafter referred to as the VENDOR,

- in favor of -

ACHILLES T. SALIDO, of legal age, Filipino, married to FRANCESCA E. SALIDO, and with residendence address at Mt. Apo St., NHA Bangkal, DAvao City, hereinafter referred to as the VENDEE,

WITNESSETH:

WHEREAS, the VENDOR is the absolute and registered owner of a certain real property located at Blk40 Lot10 South Villa Heights, Brgy. Catalunan Grande, Davao City covered by Transfer Certificate of Title No. T-287235 of the Register of Deeds of Davao and more particularly described as follows:

Transfer Certificate of Title No. T-287235

“A parcel of land of the subdivision project (Blk40 Lot10 of the subdivision plan Psd-11-041835, being a portion of Lot 929, Cad-103, Davao Cadastre), situated in the Barangay of Catalunan Grande, City of Davao, Island of Mindanao. xxx containing an area of ONE HUNDRED FIFTY (150) SQUARE METERS, more or less. xxx”

WHEREAS, the VENDEE has offered to buy and the VENDOR has agreed to sell the above-described property, together with all the improvements thereon for the consideration and the terms and conditions set forth herein below:

NOW, THEREFORE, for and in consideration of the aforesaid premises and more specifically of the sum of FOUR HUNDRED THOUSAND PESOS (P400,000.00), Philippine Currency, the receipt whereof is hereby acknowledged in full from the VENDEE to the entire satisfaction of the VENDOR, the said VENDOR does hereby SELL, TRANSFER, CONVEY and DELIVER, in a manner absolute and irrevocable, in favor of the VENDEE, his heirs, assigns and successors in interest the property above described with all the improvements existing thereon;

That the VENDOR hereby warrants valid title to and peaceful possession of the property herein sold and conveyed and further declares

16

that the same is free and clear of all liens and encumbrances of any kind whatsoever.

IN WITNESS WHEREOF, the parties have hereunto set their hands this 29th

day of December 2014 at Davao City, Philippines.

LORNA B. GALINA ACHILLES T. SALIDO Vendor Vendee


With our marital consent:

NOEL D. GALINA FRANCESCA E. SALIDOSSS I.D. NO. 09-165459-5 SSS I.D. NO. 09-222446-9Issued at Davao City Issued at Davao City



___REYNANTE R. SOLITAR ___ _LLANA MAE D. BORJA_ SSS I.D. NO. 09-136786-8 SSS I.D. NO. 09-934574-2


17

ACKNOWLEDGEMENT



This instrument consist of three (3) pages including this page wherein the acknowledgment is written and signed by the parties and their two (2) instrumental witnesses on each and every page thereof.


Notary Public



18

DEED OF ABSOLUTE SALETRANSFER OF RIGHTS


This DEED OF ABSOLUTE SALE made and executed in Davao City, Philippines, on this 30th day of December 2014 between FRANCESCO C. PACRES , of legal age, Filipino, married to KRIZIA K. PACRES, and a resident of Davao City, hereinafter referred to as the FIRST PARTY; and JOSE CARLOS H. ROLDAN of legal age, Filipino, married to CINDERELLA G. ROLDAN, and a resident of Davao City, hereinafter referred to as the SECOND PARTY;

The FIRST PARTY is the absolute and registered owner of a certain real property located at Blk10 Lot3 Matutum St. Central Park Subd., Bangkal, Davao City covered by Transfer Certificate of Title No. T-337248 of the Register of Deeds of Davao and more particularly described as follows:


“A parcel of land of the subdivision project (Blk10 Lot3 of the subdivision plan Psd-23-027459, being a portion of Lot 453, Cad-137, Davao Cadastre), situated in the Barangay of Bangkal, City of Davao, Island of Mindanao. xxx containing an area of THREE HUNDRED THIRTY (330) SQUARE METERS, more or less. xxx”

The SECOND PARTY is the absolute and registered owner of a certain real property located at Blk18 Lot1 ALPHA EXECUTIVE HOMES., PHASE II MATINA APLAYA, Davao City covered by Transfer Certificate of Title No. T-227287 of the Register of Deeds of Davao and more particularly described as follows:


“A parcel of land of the subdivision project (Blk18 Lot1 of the subdivision plan PCS-11-002159, being a portion of Lot 354, Cad-317, Davao Cadastre), situated in the Barangay of Matina Aplaya, City of Davao, Island of Mindanao. xxx containing an area of ONE HUNDRED THIRTY-EIGHT (138) SQUARE METERS, more or less. xxx”

For and in consideration of THREE HUNDRED FIFTY THOUSAND PESOS (Php.350,000.00) Philippine Currency and the real property owned by the SECOND PARTY as described above, the FIRST PARTY hereby SELLS, TRANSFER and CONVEYS, unto the SECOND PARTY, the foregoing real

19

property, together with all the improvements found thereon, free from all liens and encumbrances.

IN WITNESS WHEREOF, the parties have hereunto set their hands this 30th day of December 2014, in Davao City, Philippines.

FRANCESCO C. PACRES _ JOSE CARLOS H. ROLDAN __ First Party Second Party


With our respective marital consent:

KRIZIA K. PACRES CINDERELLA G. ROLDANSSS I.D. NO. 09-899122-6 SSS I.D. NO. 08-983511-2Issued at Davao City Issued at Davao City



___ Kathy B. Alejandro ___ _Reynaldo D. Tomas, Jr._ SSS I.D. NO. 08-876307-3 SSS I.D. NO. 09-877785-9


20

ACKNOWLEDGEMENT





Notary Public



21

CONTRACT OF LEASE


This Contract of Lease made and entered into this 6th of January 2015, at Davao City, Philippines, by and between:

LAZARUS CORP., a domestic corporation duly organized and existing under the laws of the Philippines with business address Room 305 Pacita Bldg., Magsaysay Ave., Davao City, represented by its President MR. ALAN P. ANG, of legal age, Filipino, married and a resident of Davao City, Philippines, hereinafter called the LESSOR;

- and –

SKYLARK CORPORATION, a domestic corporation duly organized and existing under the laws of the Philippines with business address at Aala Bldg. MacArthur Highway, Matina Davao City represented by its Chief Operating Officer MR. FRANCO T. NADAYAG, of legal age, Filipino, single and a resident of Davao City, Philippines, hereinafter called the LESSOR.

W I T N E S S E T H

WHEREAS, the LESSOR is the owner of CENTRON Bldg located at Quirino Ave., Davao City:

Unit#4, 2nd Floor, with a total floor area of 57 square meters, more or less, located at the above mentioned address (the “Leased Premises”)

WHEREAS, the LESSEE has offered to lease Leased Premises from the LESSOR and the LESSOR is agreeable thereto:

NOW, THEREFORE, the LESSOR shall lease unto the LESSEE, and the latter hereby accepts under lease, the Leased Premises, subject to the following terms and conditions:

TERMS OF LEASE – The lease shall begin on January 15, 2015 and will expire on JANUARY 15, 2016. This lease may be renewed at the will of both parties.

MONTHLY RENTAL – The Lessee shall pay the lessor a monthly rental of TWENTY THOUSAND PESOS (PhP20,000.00).

The above rental rate is NET and Exclusive of VAT and CUSA. CUSA rate is at P 25.00/ sq meter. All PDC checks are to be dated 15th of each month.

Postdated checks shall be required to cover the entire term of the contract. In case of failure of the LESSEE to pay the monthly rentals on or before the 15th day, a penalty of 10% per month shall be charged to the LESSEE.

22

That should the LESSEE fail to pay the rentals for two (2) consecutive months due to bounced checks, the LESSOR, at his option, may terminate the lease and charge all incidental expenses incurred by the LESSOR for ejection of the LESSEE for the latter’s account.

Said rental rate is subject to increase in the event additional government taxes are imposed by the national and local government.

SECURITY DEPOSIT – A Security Deposit equivalent to THREE (3) months rental amounting to PESOS: SIXTY THOUSAND ONLY (PhP 60,000.00). This deposit shall not earn interest. This deposit can never be applied to the monthly rental of the said space. The deposit shall serve as the security for any damages on the Leased Premises. The remaining balance, if any, shall be refunded two (2) months after the end of the contract or after getting a clearance from all the utility companies. The LESSEE shall not be relieved of its liabilities under this contract, should the balance of the deposit prove to be insufficient for the purpose.

That the non-interest bearing guarantee/security deposit of THREE (3) months rental, shall form part of the succeeding contract of lease to answer for any damage to the Leased Premises and as security for the faithful performance of the terms and conditions of this lease. That additional deposit may be required by the LESSOR to be based on the prevailing rental rate of the new lease contract.

That this contract shall not be deemed extended or renewed by implication through LESSEE’S continued occupation of the Leased Premises or for any cause whatsoever, unless such renewal or extension is expressly granted by the LESSOR in writing two (2) months before expiry date of this contract or with a new contract.

PRE-TERMINATION - That in the event or for any reason, the LESSEE pre-terminates this contract before the expiration date hereof, the LESSEE shall notify the LESSOR TWO (2) months prior to the date of actual termination. The aforesaid deposit in the amount of SIXTY THOUSAND PESOS ONLY will be forfeited in favor of the LESSOR as a penalty by reason thereof. The LESSEE shall settle all utility bills and damages incurred up to the last day of occupancy.

USE OF PREMISES – The Leased Premises shall be used for commercial purposes only and for no other purpose without the written consent of the LESSOR. The LESSEE shall not allow anyone to sleep/reside in the Leased Premises leased.

PUBLIC UTILITIES – The LESSEE shall pay for its/his water, electrical and communication bills as well as any deposits and fees required by any servicing entity of the LESSOR as the case may be. The LESSEE is SOLELY liable to all unpaid bills and other legal obligations to the utility companies

23

during its/his stay in the Leased Premises. This provision shall override all other agreement between the LESSEE and the utility company.

ALTERATIONS – That the LESSEE shall refrain from making any improvement or alteration of the Leased Premises including plumbing or electrical connection or installation of additional air conditioners or fixtures without the prior written consent of the LESSOR, and in the case of such authorized improvement whatsoever, the same shall become part and property of the LESSOR upon termination of this Contract of Lease without any right of reimbursement, except those movable furniture and fixtures which could be removed without defacing or damaging the premises.

REPAIR AND MAINTENANCE – The LESSEE shall, at its/his expense, repair and replace any electrical and plumbing fixtures, maintain the Leased Premises and its bordering sidewalks in a clean and sanitary condition free from inflammable materials, noxious odor and other nuisances.

The LESSEE shall have no cause of action against the LESSOR for any inconvenience or injury arising from the repairs and maintenance of the facilities and for any losses or damages due to fire, earthquake or any other unforeseen events.

The LESSEE shall be fully liable to the LESSOR in all cases where damages of any nature are caused by the fault or negligence of the said LESSEE or its agents.

The LESSEE shall keep within the Leased Premises fire extinguisher as required by law.

INSURANCE – The LESSEE shall not secure its properties within the leased premises without the written consent of the LESSOR. For this purpose, the LESSEE shall submit before hand an inventory of property/goods within the leased premises to be insured which is to be verified by the LESSOR, or its agents. Should the LESSEE insure without the prior consent of the LESSOR, then this contract of leases shall be considered as deed of assignment in favor of the LESSOR of the proceeds of the said insurance policy sufficient to cover the cost of the LESSORS’S properties damaged by the occurred risk.

LIABILITY TO THIRD PARTY – The LESSEE shall, during the period of lease, hold the LESSOR, against any claims, damages, liabilities and/or responsibilities to any person or property arising out of the use of the Leased Premises by the LESSEE, its agencies and visitors.

RULES AND REGULATIONS – The LESSEE shall comply with the rules and regulations of the LESSOR, and government authorities regarding the use, advance occupancy and sanitation of the Leased Premises.

24

SUBLEASE, TRANSFER OF RIGHTS – The LESSEE shall not assign its rights in this contract or sublease all or any part of the Leased Premises without the written consent of the LESSOR.

MORTGAGE TO THE LEASED PREMISES – The LESSOR reserved the right to mortgage, sale or otherwise dispose the property provided that the LESSEE’S right under this lease is respected.

ACCESS TO THE LEASED PREMISES – The LESSOR, or its agent shall have by this prior arrangement with the LESSEE, the right to enter the Leased Premises to inspect, maintain, the facilities and exhibit the Leased Premises to prospective tenants.

EXPIRATION OF LEASE – The LESSEE shall turn over the Leased Premises (including all improvements/alterations and fixtures attached therein) to the LESSOR on JANUARY 15, 2016, in as good condition as they were actually found at the beginning of the lease, ordinary wear and tear expected. Otherwise, the LESSEE shall pay to the LESSOR the rent corresponding to the days of delay and in addition, a penalty of the same amount. Any cleaning shall be done at the expense of the LESSEE.

NON-WAIVER – The failure of the LESSOR to insist upon a strict performance of any of the terms, conditions, and covenants hereof shall not be deemed a relinquishment of waiver of rights or remedy that the LESSOR may have, nor shall it be construed as a waiver of any subsequent breach or default of the conditions and covenants which shall continue to be in full force and effect. No waiver by the LESSOR of any of its right under this contract shall be deemed to have been made unless expressed in writing and signed by the LESSOR.

To vacate the premises, the LESSEE must notify the LESSOR in writing at least one (1) month in advance for inspection of the Leased Premises, and upon termination of the contract, the Leased Premises should be ready for final inspection by the LESSOR in compliance with the next preceding paragraph hereof.

Upon vacating the Leased Premises, the LESSEE shall surrender peaceably to the LESSOR the Leased Premises in the same manner and condition as when found at the commencement of this lease contract. And the LESSEE shall turn over the receipt or its equivalent representing the last payment for electricity, water and telephone bills for accounting before the LESSEE could be refunded for its deposit.

In case the Leased Premises shall be abandoned, vacated or padlocked by the LESSEE for any reason whatsoever, the LESSOR shall have the right to break open and enter the same, either by force or otherwise, without being liable for any prosecution therefore, and to relet the same, and to receive the rent due hereunder, holding the LESSEE liable for any deficiency.

25

Absence from or abandonment of the Leased Premises shall not relieve the LESSEE from its/his obligation under this lease. Failure on the part of the LESSEE to use the Leased Premises for the period of one (1) month shall constitute desertion or abandonment, except when failure is due to force majeure or upon order of peace of health or other government authorities.

EXCLUSIVE AGREEMENTS – This lease agreement supersedes and renders void any agreements and understanding oral and/or written, previously entered between the parties covering the property herein leased.

DEFAULT OF RENTAL/BREACH OF CONTRACT – In the event the LESSEE violates any of the provisions of this contract, the LESSOR shall have the right to rescind this CONTRACT OF LEASE and/or eject the LESSEE from the Leased Premises.

In the event the LESSOR has to resort to court action to enforce its rights hereunder, the LESSEE shall be liable for the cost of the suit including attorney’s fees equivalent to twenty five percent (25%) of the amount of the claim but in no case less than TWENTY FIVE THOUSAND PESOS (PhP 25,000.00).

AMENDMENT – Amendment to any term and condition of this lease shall be in writing and duly notarized before the same becomes effective.

VENUE – The PARTIES agree that any and all actions arising out of this Contract of Lease shall be filed with the court of competent jurisdiction in Davao City.

IN WITNESS WHEREOF, the parties have hereunto set their hands this 6th of January 2015 at Davao City, Philippines.

LAZARUS CORP. SKYLARK CORPORATIONTIN: 411-443-482-000 TIN: 456-678-988-000

Represented by: Represented by:

_________________ _______________________ MR. ALAN P. ANG MR. FRANCO T. NADAYAG LESSOR LESSEE

TIN 911-234-566 TIN 933-654-302Issued at Davao City,Phils Issued at Davao City,Phils

Signed in the presence of:

__ Dorothy B. Ong ___ Sheila D. Magpales_ SSS I.D. NO. 08-456456-4 SSS I.D. NO. 09-987657-7

Issued at Davao City,Phils Issued at Davao City,Phils

26

ACKNOWLEDGEMENT


BEFORE ME, this 6th of January 2015, in the City of Davao, personally appeared to me, above named persons, with their Government Identification as above indicated, known to me to be the same persons who executed the foregoing instrument, and they acknowledged to me that the same is their voluntary act and deed in the capacities in which they appeared.

This instrument consist of six (6) pages including this page wherein the acknowledgment is written and signed by the parties and their two (2) instrumental witnesses on each and every page thereof.

WITNESS MY HAND AND SEAL, this 6th day of January 2015 at Davao City, Philippines.

Notary Public



27

DONATION OF REAL ESTATE


This DEED OF DONATION, made and entered by and between:

EPIFANIA P. SALANG, of legal age, Filipino, single and residing at Jacinto St, Davao City, hereinafter called the DONOR, and

GREG ANTHONY S. LAMANILAO, also of legal age, Filipino, single and with residence address at Tibungco, Davao City, hereinafter called the DONEE.

WITNESSETH:

That the DONOR is the owner in fee simple of a certain parcel of land situated at Sitio Baray-baray, Purok 4, Calinan, Davao City covered by Transfer Certificate of Title No. T-77678 of the Register of Deeds of Davao City, and more particularly described as follows:


“A parcel of land (Lot 6695-C, Psd-13-007959, being a portion of Lot 3689, Cad-112, Davao Cadastre), situated in the Barangay of Calinan, City of Davao, Island of Mindanao. Bounded on the NE., along line 4-5-6 by lot 1505, Cad-276; on the SE., along 6-1 by lot 207, Cad-276; along line 1-2 by lot 209, Cad-276; on the SE., along line 2-3 by National Highway; on NW., alonh line 3-4 by lot 6695-B of the subdivision plan. Beginning at a point marked “1” on the plan being S. 3 deg. 43’E., 496.12 m. From BLLM No. 12, Cad-276, Davao Cadastre xxx containing an area of THIRTY THOUSAND (30,000) SQUARE METERS, more or less. xxx”

That for and in consideration of the love and affection which the DONNEE inspires in the DONOR, and as an act of liberality and generosity, the DONOR hereby voluntarily and freely gives, transfers and conveys, by way of donation, unto said DONEE, his heirs executors and assigns, all of the right, title and interest which said DONOR has in the above-described real property, together with all the buildings and improvements found therein, free from all liens and encumbrances and charges of whatsoever nature;

That the DONOR hereby states, for the purpose of giving full effect and validity to this donation, that he has reserved to himself sufficient property, in full ownership or in usufruct, which is necessary and adequate for his support in consonance with his standing in society;

That the DONOR further states, for the same purpose as expressed in the next preceding paragraph, that this donation is not made with the

28

object of defrauding his creditors, having reserved to himself property sufficient to answer for his debts contracted prior to this date;

That the DONEE hereby accepts and receives this gift and donation made in his favor by the DONOR, and he hereby expresses his appreciation and gratefulness for the kindness and generosity of the DONOR.

IN WITNESS WHEREOF, the parties have hereunto set their hands this 8th of January 2015 at Davao City, Philippines.

G REG ANTHONY S. LAMANILAO EPIFANIA P. SALANG

Donee Donor TIN 902-214-456 TIN 187-344-018Issued at Davao City,Phils Issued at Davao City,Phils

Signed in the presence of:

__ Mae Ann R. Cameo ___ Patrick D. Seray_ SSS I.D. NO. 08-456816-1 SSS I.D. NO. 09-176657-5

Issued at Davao City,Phils Issued at Davao City,Phils

ACKNOWLEDGEMENT

29


BEFORE ME, this 8th of January 2015, in the City of Davao, personally appeared to me, above named persons, with their Government Identification as above indicated, known to me to be the same persons who executed the foregoing instrument, and they acknowledged to me that the same is their voluntary act and deed in the capacities in which they appeared.


WITNESS MY HAND AND SEAL, this 8th day of January 2015 at Davao City, Philippines.

Notary Public



Documents

Real Estate Mortgage, Donation