D EED OF G RANT OF U SUFRUCTUARY R IGHTS

KNOW ALL MEN BY THESE PRESENTS:

This Deed of Grant of Usufructuary Rights entered into by and between:

IMEE D. FLORES, of legal age, Filipino, single, and a resident

of Blk 3, Lo3, Frankville Subd., San Agustin, Digos City, Davao del
Sur, Philippines, hereinafter referred to as the "GRANTOR";

- and -

EMERZIEL F. ABALAYAN, of legal age, Filipino, married to

Leonard Abalayan, and EMERSON D. FLORES, of legal age,
Filipino, married, both residents of Blk 3, Lot 3, Frankville Subd.,
San Agustin, Digos City, Davao del Sur, Philippines, (hereinafter
referred to as the " GRANTEES");

WITNESSETH that –

WHEREAS, the GRANTOR is the current, true and lawful owner of a certain
parcel of land with a House/Building situated at Brgy. San Agustin, Digos City,
Davao del Sur pursuant to a document known as “Waiver of Rights” executed
before the faith of Notary Public ATTY. CARLO MARTIN D. MARTEL and
denominated as Doc. No. 409; Page No. 82; Book No. 05; Series of 2017, more
particularly described as follows:

“A parcel of land identified as Lot 3, Block 3, situated at Frankville

Subdivision, Barangay San Agustin, Digos City, Davao del Sur, Philippines,
containing an area of ______ square meters, more or less, bounded in the North
by Lot ____; South by Lot ____; East by Lot _____; West by Lot _____, covered by
Transfer Certificate of Title No. 144-2012001040 in the name of Frankville
Homeowners Association, Inc.”

WHEREAS, the GRANTOR desires to give to the GRANTEES, her brother and
sister, the right of usufruct over the said real property with the latter having the
full right to the use and enjoyment of the fruits of the property in return for his
assuming the obligation to preserve the property during the term of the usufruct.

NOW THEREFORE, for and in consideration of the mutual agreements,

covenants and stipulations hereinafter set forth, the GRANTOR hereby transfers
and conveys unto the GRANTEES by way of USUFRUCT the aforedescribed
parcel of land with a house, subject to the following terms and conditions:

1. TERM: The term of the Usufruct will be open-ended and termination of

such usufruct may be made anytime with or without cause, at the
instance of either parties.

In case of Termination by GRANTOR, she shall give the GRANTEES

prior written notice and give the GRANTEES Thirty (30) days from receipt of
such notice within which to surrender possession of the subject property
and vacate the premises;

This grant of Usufruct shall be valid and binding during the lifetime of
the GRANTOR and GRANTEES. However, the GRANTEES’ descendants may
continue the usufruct subject to the condition that they shall actually be in
possession and residing in the premises covered by the grant and upon
terms equally applicable to them as the surviving GRANTEES;
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2. The SITE shall be used exclusively for Residential purposes by the GRANTEES
and his/her immediate families, and when the necessity arises, the SITE
can be used for other purposes provided that the GRANTOR gives her
written consent for such use. The GRANTEES shall not use the premises for
any unlawful or illegal act;

3. The GRANTEES shall not build and construct any building or improvement
on the property subject of this grant. In no case shall the GRANTOR be
liable for any loss, damage or injury that may arise by reason of the use
and enjoyment of the fruits of said property by the GRANTEES;

4. The GRANTEES shall shoulder all expenses for the maintenance of the
building/house including cost of power, water, telephone and other
utilities attached, connected or related to the operation of the
improvement introduced on the property subject of this agreement in
accordance with local ordinance and/ or national laws on environmental
safety, maintenance and preservation;

5. The GRANTEES shall, at his own expense, make all necessary repairs to
keep the premises and all its equipment and facilities from deteriorating in
value or condition during the term of the grant;

6. The GRANTEES shall not lease any part or portion of the premises or the
whole thereof, without the express consent of the GRANTOR;

7. The GRANTEES shall not sell, dispose, mortgage, encumber, transfer,

assign, tolerate the use by a third party, or use as collateral or any portion
thereof during the lifetime of the Agreement, unless with the consent of
the GRANTOR;

8. The GRANTEES shall not alienate or transfer its USUFRUCTUARY rights, or

alter the form or substance of the this Agreement, or do anything thereon
which may be prejudicial to the rights of the GRANTOR

9. The GRANTOR shall not be deprived of the exercise of her right of

ownership over the property under usufruct and will pay and be liable for
all taxes, levies and dues or such other charges as the Government or any
of its instrumentalities and agencies or with Private Offices like the
Frankville Homeowners Association, Inc. may impose by reason of and
arising out of the ownership of the subject property, including the real
property taxes;

10. The GRANTOR hereby covenants with the GRANTEES that the latter shall
peaceably hold and enjoy the full use and possession of the premises
during the period of the grant. The GRANTEES, her representatives, agents
and employees shall have complete and unimpeded access to and from
the premises at any time;

11. The GRANTOR may immediately recover possession the aforedescribed

real property, including all permanent structures and improvements
introduced thereon, without obligation to reimburse the herein GRANTEES,
and terminate the usufruct should the GRANTEES violate any of the
provisions of this Deed or fail to comply with its obligations as a
usufructuary as provided in the New Civil Code of the Philippines, the

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 applicable provisions of which are incorporated herein and deemed part
of the provisions of this Deed;

12. 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 courts of Digos City, to the exclusion of all other courts.

IN WITNESS WHEREOF, the parties have hereunto affixed their signatures

this 21stday of December 2017 in Digos City, Davao del Sur Philippines.

IMEE D. FLORES
Grantor
Proof of Identity: ________________

EMERZIEL F. ABALAYAN EMERSON D. FLORES

Grantee Grantee
Proof of Identity: ________________ Proof of Identity: ________________

SIGNED IN THE PRESENCE OF:

____________________ ____________________

ACKNOWLEDGEMENT

Republic of the Philippines )

Province of Davao del Sur )s.s
City/Municipality of Digos )
X----------------------------------/

BEFORE ME, a Notary Public for and in the Province of Davao del Sur, this _____
day of December, 2017, personally appeared the above-named heirs, exhibiting their
respective Valid ID’s as competent proof of identify as indicated above, all known to
me and to me known to be the same persons who executed the foregoing instrument
of Deed of Grant of Usufructuary Rights which deed consisting of Three (3) page
including this and acknowledged to me that the same are their free acts and voluntary
deed.

Witness my hand and notarial seal on this ____th day of December 2017 in Digos
City, Davao del Sur, Philippines.

Doc. No. _________;j

Page No. _________;
Book No. _________;
Series of 2017

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