EJS With Waiver of Rights

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DEED OF EXTRAJUDICIAL SETTLEMENT

with Waiver of Rights

KNOW ALL MEN BY THESE PRESENTS:

This Extrajudicial Settlement with Waiver of Rights has been executed this
_______________, by and among:

ALBERT MARIO A. ALMONTE, of legal age, married, American Citizen, and a


resident of 1536 N. Kennicott Ave. Arlington Heights, IL 60004 USA;

DAVID A. ALMONTE, of legal age, married, American Citizen, and a resident


of 3665 Open Pkwy Elgin, IL 60124, USA; and

MARGARITO TANNY A. ALMONTE, of legal age, married, American


Citizen,and a resident of 121 Little Swiss Place Green Bay, WI, 54302, USA;

WITNESSETH:

That the herein parties are the legitimate and compulsory heirs of DONATA A.
AMONTE and PEDRO A. ALMONTE, both Filipinos, who died in December 31, 2012
in Tanauan Leyte, and February 3, 2008 in Tanauan, Leyte, respectively;

That decedent of DONATA A. AMONTE and PEDRO A. ALMONTE died


leaving a parcel of land with a house erected thereon, and covered by Katibayan ng
Orihinal na Titulo Blg. P-52142, registered in the name of Donata A. Almonte, described
as follows:

“A parcel of land designated as Lot No. 114, Case 1, Cad. 505, situated at Tanauan,
Leyte. Bounded on the S., along line 1-2 by Lot 115, Case 1, Cad. 505; on the W., along
line 2-3 by Santa Isabel St., on the N., along line 3-4 by Rosario Street and on the E.,
along Line 4-1 by Lot 113, Case 1, Cad. 505. Containing an area of One Hundred Forty
Six (146) square meters, more or less.”

That the said decedents died intestate and without any known debts or
obligations of any kind whatsoever, and the parties are the known legitimate surviving
heirs;

That the parties, being all of legal age and with full capacity to contract, hereby
adjudicate unto themselves their respective shares of the above-described real
properties pursuant to Section 1 of Rule 74 of the Rules of Court, and they have agreed,
as they hereby agree, to divide the parcels of land among themselves equally;
 
That herein surviving children are willing to renounce and waive their right to
their shares in the afore-described real property in favor of the their sibling, ALBERT
MARIO A. ALMONTE;

NOW THEREFORE, for and in consideration of the foregoing premises, and


invoking the provision of Section 1, Rule 74 of the Rules of Court of the Republic of the
Philippines, the parties here to have agreed among themselves to settle the above
described estate, as the herein children by these presents hereby waive and renounce
their shares over the afore-described real property in favor of the ALBERT MARIO A.
ALMONTE, subject, however, to contingent liabilities to creditors, heirs or other
persons who might have been deprived of lawful participation of the estate of the
decedent, for a period of two (2) years from and after the settlement and distribution
thereof, in accordance with the provision of Section 4, Rule 74 of the Rules of Court of
the Republic of the Philippines.
 
IN WITNESS WHEREOF, the parties have hereunto set their hands this
____________, in _________________.

ALBERT MARIO A. ALMONTE DAVID A. ALMONTE

MARGARITO TANNY A. ALMONTE

SIGNED IN THE PRESENCE OF: ____________________ ______________________

________________________)
________________________) S.s

ACKNOWLEDGMENT

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