8/18/2019 Master Deed and Declaration of Restrictions for Wind Residences page 1 of 4

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MASTER DEED

AND DECLARATION OF RESTRICTIONS OF

WIND RESIDENCES

LET EVERYONE KNOW THAT:

This Master Deed and Declaration of Res trictions (hereinafter referred to a sMaster Deed, for brevity, whether the reference is to an Enabling Deed or the Declaration of Restrictions or both) executed at Pasay City

on this

13th

day of May 2010 by:

SM DEVELOPMENT CORPORATlON, a corporation duly organized and existing under and

by

virtue of the laws of the Philippines, with principal place of business and office at the 10 th F loor One

E-com Center, Mal l of Asia Complex, Pasay City represented herein by it s d uly authorized representatives, ROGELlO R. CABUNAG and SANDRO VICENTE P. JAVIER, hereinafter referred t o as the

"DECLARANT", unless o therwise specified,

Whi ch Sets For th That:

WHEREAS, the DECLARANT is the registered owner of a parcel of land located at Tagaytay City with an area of SIXTY NINE THOUSAND FOUR HUNDRED SEVENTY FIVE (69,475) Square Meters, more

or less, and covered by Transfer Cert ifi cat e of Ti tle No. T- 67225 of the Registry of Deeds for Tagaytay City;

WHEREAS, the DECLARANT is the owner of two (2) pa rc els of land both located in Tagaytay, and covered by Transfer Cer ti fi cat e of Ti tl e No. T-34S50 with an area of EIGHTEEN THOUSAND EIGHT

HUNDRED AND FORTY ONE (18,841) Square Meters, more or less, and the other covered by Transfer Certificate of Title No, T-25247 with an area of flFTY EIGHT THOUSAND THREE HUNDRED SEVENTEEN

(58,317) Square Meters, more or less, both of the Registry of Deeds for Tagaytay City, by virtue of Deed of Absolute Sale (DOAS) entered into by and between the DECLARANT and SM INVESTMENTS CORPORATION,

a corporatton duly organized and extsnng under and by virtue of the laws of the Philippines, With pnncipal office at t he 10th Floor One E-com Center, Mall of Asia Complex, Pasay City, which DOAS is acknowledged on May

12h  ;b efore Atty. Atty. Josefina Wan-Remoilo, a Notary Public of'Pasay City, and entered in her Notarial Registry as Doc. No. 176, Page No. 37, Book No.9, Series of2010. A copy of the DOAS is a ttached hereto as Annex

WHER A S, the DECLARANT is the Developer of portions of the parcel of land described in Transfer Certificate/s of Title No/s. T-67225, T-34850 and T-25247 issued by the Registry of Deeds of Tagaytay City

(hereinafter  o llect ve ly referre.d to as the "Titles" and c.opy of the Titles is attached heret o as Annexes "B" through "B-2") with an area of THIRTY THOUSAND EIGHTY ONE (30,081) Square Meters, more or less (said

portions particularly described In the Technical Description hereto attached as Annex   C and hereinafter referred to as the "Property"), and delineated in the Site Development Plans a ttached as Annex "D" hereof.

. WHEREAS, the DECLARANT .desi res to submit the Prol?e.rty mentioned in the thi rd whereas clause, includi ng the buildings and other improvements constructed/to be constructed therein under the operation of

Republic Act No. 4726, as amended, otherwise known as the Condominium Act, and Presidential Decree 957, as amended, to b e known as ,VIND RESIDENCES, thereby constitutinu said property as a Condominium Project

(hereinafter referred to as the "Project") pursuant to the provisions of said Actls   to be known as WIND RESIDENCES; e

WHEREAS, the DECLARANT desires to impose on the proposed Project thus constituted, mutually beneficia l r es tr ictions which sha ll co nstitute a lien upon the land, upon each Condominium Unit therein (he re inaf-

ter referred to a s "unit"] and upon the Project as a whole pursuant to the provisions of Section 9 o f the said Condominium Act, for the purpose of enhancing and perfecting the value; desirability and a ttractiveness of t he Project;

and for the ownership and maintenance 0/ the common areas and facilities by forming a private corporation to whi ch shall be delegated and assigned the powers and duties of maintaining and administering the common areas

and facilities, enforcing and administering this MASTER DEED, collecting and disbursing the assessments and char ges created hereunder;

, .NOW, THEREFORE, for and. in consideration of the abov e p remi se s, t he DECLARANT hereby submits the a bove Property and the improvements constructed/to be constructed therein to the condominium form

ot ownership and use, subject to the provtston of the Condominium Act and the conditions, covenants, terms , declaration and restrictions he re in below set forth and other pertinent laws. The residential units, parking slots and

cOl.nmon areas comprising the said Project, except the commercial units and commercial areas, commercial parking slots, common areas specifically designated for the exclusive se of the commerc ia  unit owners or.commercial

umt occupants, arc held and shall be held, transferred, conveyed, sold, hypothecated, encumbered, mortgaged, used, leased, occupied, and improved subject to the covenants, conditions, and restrictions specified in this MASTER

DEED. All of said covenants, conditions, and restrictions shall run with the parcels of land, project, units, common areas, except the commercial ar ea s a nd commercial units of the Project and common area s d esignated f or the

exclusive l:Ise of the commercial unit owners/occupants, and shall be binding as voluntary liens on all parties having or acquiring any right, title, or interest in the parcels of land, project, units, common areas, whether as sole

owners, joint owners, mortgagees, lessees, tenants, occupants, or otherwise.

PARTl

MASTER DEED

SECTION I, Name ofthe Project

The Pr oj ect shall be known as the WIND RESIDENCES as constituted under this MASTER DEED and shall consist of the Prop er ty and a ll the improvements constructed / to be constructed therein.

The Name of the Project and the pertinent logo/design installed by the Dev eloper in the building exterior or interior may no t b e changed and/or removed, save for maintenance and repair purposes, by the Declarant

o r the Condominium Corporation or the Members.

SECTION 2, Description of the Project

parcels ofla  ed   i d\  11r  I t  i coa :/ eO r l  / 1¥ - n j  5 d  2 t e   -} e PT  ;t y E  '  i'I ;t  rS c  f : t :I f ; St  ; ' : I I;s\.r d ; ft ;¥ifI i t {I  

hereto as Annexes "8" through "B-2"), and said portions particularly described in the Technical Des cription hereto attached as Annex "C" and hereinafter referred to a s the "Property") deli nea te d in the S ite Development Plans

attached as Annex "D" hereof. A copy of the survey plan of the Property is a tt ach ed as Annex E hereof.

THOUSAN1hT R E c  li  x  g-¥ EJ 31  1::I 0 :enstid ti lt  1t  I dS} cto  t +  I( O)0; \al 7 ? i d  1  \ I   JI h  ea a lt [ f y  e u bh lDOSt;t £5 5b6 {  rki \ l :;, %  e  g aDt  % 1-fI ¥

NINE (539) of which shall be residential parking slot s and THIRTY (30) commercial parking s lo ts. The ameniti es for the Project include the clubhouse, recreation area, garden/lawn, jogging path, lap pools, kiddie pools, adult

,

POOl, Gazebo.

The Table showing the distribution of units and parking slots among the different buildings/towers in the Pr oject is attached hereto as Annex F hereof.

The Project shall be developed by SM DEVELOPMENT CORPORATION ("Developer"), which i s t he same co rpo ration as the DECLARANT.

The Project will be constructed in accor dance wit h the plans and sp ecifications prepared th erefor b yASYA Des ign Partner, including such modifications as may be acceptable to the DECLARANT and approved by

the proper government authorities. A copy of the plans and specifications is attached hereto as Annex G-J to G-3.

describe theTtr  d Rt urldt ;/ sa t & g fh  t nj fa:i je  ls l h d  i I) p   I  1 :lJ :i  /  t Yrd lt J FtF ; ;d a l  ; ;:   rlfi  t{oCnosn v aAI dt i J : n   1 :d  dPh \  a gElc21R  T e

registered in accordance with Section 4 of the Condominium Act shall constitute an amendment to this MASTER DEED.

Further, the DECLARANT reserves the ri ght to develop the Project in Phases, with each Phase constituted on that portion of the Property as may b e determined by the DECLARANT. The DECLARANT shall have

the sole.and exclusive right to determine the schedule of development of each s cceeding Phase, delinea te the a rcas corresponding

t

each Phase, the Building or Tower pertaining the reto, and decide on and approve the plans for

  l f : \ ·a:  e   tidi ni  l  n   I  :e l:l bj : t  bt  i ii  nt ; i t na r i; f t a: l l :ee:;l  t I lci: .h   \h o;l:ti  f c l :hfo: tl ei  e C hC O /  I l INdi I

Tower thereof the DECLARANT shall amend and/or supplement this Mas te r Deed with Declaration of Restrictions, without need for obtaining the consent o f the Owners of the Units in the de ve lo pe d or completed Phase/so

Whenever applicable and appropriate, the term "unit" shall refer to the residential unit and/orthe residential parking slot. Further, whenever applicable and appropriate, the owners of the residential units and resi-

dential parking slots shall comply with the provisions, terms and conditions, limitations stated in this Master Deed. Finally, any reference to the unit owner in this MASTER DEED shall likew is e p ertain to the buyer of a unit

on installment basis.

SECTION 3. Description of Units,

Horizontally, each unit shall consist of the area measured:

(a) From the exterior surface of t he windows or masonry or shear wall to the exterior sur face of the interior wall and/or door separat ing the unit from a common area, or

(b) From the exterior sur face of the windows or masonry or shear wall to tile centerline of the wall of t he ad joining Unit, and/or

(c) From the centerline of the interior wall to the centerline of the wall of the adjoining Unit.

The horizontal dimension of a uni t with a balcony also includes the area measured (i) f rom the center line of the wall bordering the balcony of such Residential Unit to the center line of the wall separating the balcony

of

such

unit from the balcony of another unit; and/or (ii) from the externa l su rf ace of the raili ng bo rd er ing the balcony of such unit.

Verticall y, each unit shall consist of the area measured from the top of the concrete floor s lab to the underside of the concrete slab up to the point of intersection with the horizontal boundaries of the unit.

In comput ing and measuring the area o f the unit, the area or space oc cupied by the masonry or shear wall, interior partitions, chases, columns and/or other struc tu ral elements are included. However, such shear walls,

columns or structural el ements shall remain part o f the common area.

SECTION 4, Parking Slots

Only unit owners are entitled to purchase a parking slot at t he Project. Corollary, a unit owner who wil l sell his unit mu st likewise sell his parking slot. .

in entering hl f r I t IP jSehc l  lllb dr i e  b i hgebECLAR't + s. The kind, make or number of v ehicles which may be allowed in the parking slots t anyon e t ime and t raffic patterns to be observed.bY the unrt owners

The parking slots on the [ower ground floor shall be for the exclusive LIseof t he owners and occupants of the residential units, The commercial umt owners and commercial unit o ccupa nt s s hall enjoy perpetual ease-

ment over parking slots designated for commercial use. . .

The use of the parking slo ts for any ot her purpose isexpressly and absolutely prohibited. Whenever applicable, the provisions of Section 18 (Limitation on the Use of Units and Common Areas) and other provIsions

of this Master De ed sh all apply to the parking slot.

SECTION 5. The Common Areas.

The Common Areas shall mean and refer to the Property, casements, rights and priv ileges appurtenant to the Property, and all structures, faci li ties and improvements constructed or to be constructed or installed

therein, and loca te d w ithin the Property and intended to be devoted to the use and enjoyment of one, some or all of t he uni t owne rs . The DECLARANT may, at its discretion , cl as sify the ommon Are s as General Common

Area s, whi ch are areas int en ded for the common use or benefit of all unit owners in the Projec t, whether residential unit owners or commercial unit owners, and are necessa ry and convenient to the existence, maint en an ce o r

sa fety of the Project, and Limited Common Areas , which are intended for the exclusive use or benefit of only one unit, or some similarly sit ua ted units o r owne rs, to the ex clusion of all other units o r owners.

A. General Common Areas which are intended for the use or benefit of all condominium units in the Project are the f ollowing:

(I) the land encompassed within the Project, including its perimeter walls;

(2) sewage treatment plant; . ....

(3) all installations for utility services such as telephone lines, sewerage, drainage and waterlines including all outlets, pipes, ducts, wires cables, and conduits, fire alarm used In connection therewith which

are utilized for or serve the entire Project, excep t those found within the building.

B. The Limited Common Areas in the Project are the following:

(I) Limited Common Areas which are intended for the use and benefit of all units of each building, whether residential unit or commercial unit, ("Building Limited Common Areas") ar c the following:

(a) all bearing walls, foundations, roofs, floors, columns, girders, beams, SUpp011S,slabs, and all other similar structural elements of the building shared by two or more Units.

(b) all installations for utility services such as telephone lines, sewerage, drainage and waterlines including all outlets, pipes, ducts, wires cables, a nd c onduits, fire alarm used in c  )l1nection the rewith,

and other parts of the land and the bui lding and and all common utility spaces and areas their equipment therein destine d for c ommon u se o r ne ce ssary and convenient for t hc e xistence, mamtenance

or safely of the entire building/tower

(c) main elect ri ca l room; a nd

(d) garbage room.

(2) The Limit ed Common Areas of each building and/or the Project which are lo ca ted in the residential portions of the Building and/or Project and int en de d for the exclusive use and be nefit of residential

units and its owners and occupan ts. (t'Residential Limited Common Areas") are the following:

(a) Lobbies in the residential portion of each building/tower;

(b) all surfaces of the units facing the ext eri or as well as the interior common ar eas in the residenria] portions of each. building /tower; ,

(c) am-enities, which include the clubhouse, recreation area, garden/lawn, jogging path, lap pools, kiddie pools, adult pool, a.zebo;.. ... .

(d) all hallways , st airways, corridors, walkways, thir d and fourt h level driveways and installations for all conveniences r utilit y servI es III the res iden tial P9rtt n of each bUlld.ingltower;. .

(e) all installations for utility services such as telephone lines, sewerage, drainage and waterlines inc luding a ll outlets, pipes. ducts, \vlr(;  cabl.es, a d

conduits,

fire alarf 1.used

 

connccnon th r wlth,

whether located in the common areas andlor limited common areas or in the units which are util ized f or or serve more than one (l) residential unit a nd a ll c ommon utility spaces and areas within the

residential portions of each building/tower; . . . .,...,

 f) the o ther parts of the land and the building and their equipment therein des tined for common use or necessary and converuent for the existence, mamtenance or s afety ot the residential portion o f the

building and Project as well as the residential unit owners;

(g) toilets loc at ed at [ower g round floor in the residential portion of each building/tower;

(h) garden Ilawn in t he residential portion of the Project an d o r each building; and

(i) road network, except the portions designated for the use and benefit of the commercial units and c ommercial areas.

The Limited Common Areas of each building andlor the Project which are loc ated in the commercial portions of the Building and/or Project and intended for the exclusive use and b en efit of commercial

units and its owners and occupants, and the DECLARANT as developer of the Project, ("Commercial Limited Common Areas") ar e the following:

(a) area/space in each bu51ding tower andlo.r Project occupie by . the air-conditioning system for the commercial

umts; . .

(b) a ll surfaces of the uruts facmg the extenor as well as the mtcnor common ar eas In .the commercial portions of each building/tower;

(c) landscaping areas located at the upper ground floor which are within the commercial area/s;

(d) toilets loca ted a t upper ground floor which are within the commercial portion of each building;

(e) roof deck area excluding thos e area s utilized for access and utilities;

 f)

parking slots outside the building fronting the commercial units;

(g) courtyard between the buildings;

(h) promenade withseating are  s and gazebo;. .. . . . .. .. . . .

(i) all hallways, stairways, corridors, walkways, driveways, and installations for a ll conveniences and or utility servlce.s 111 e comme rcial por tll?n of the bUlI.dll1g/tower. It ISund.ersto?d th t though

the hallway in the commercial portion of the building/tower is a limit ed co nmon area

fo r

the benefit of the commercial U  l1tSo allow and provide commercial

advantagevthe

residential unit owners

and occupants may be allowed to utilize said areas for ingress and egress mto the residential portion 01 the building subject to such reasonable rules and r egulati ons which may be Imposed by the

DECLARANT and Developer to ensure safety and s ec urity of the Project. . ...

  al l i nstallations for utility services such as telephone lines, sewe age, drainage and waterlines including all outlets, p ipes , duc ts , wires. cables, and CO dL.l1tS,ire alarm used m connecuon therewith,

which are ut il iz ed for o r s erve more than one commercial (I) unu and all common utility s pa ce s and areas within the com erclal POrtl0 lS of each  u lldmgltower; and ..,

(k) the other parts o f the land and the building and their equipment therein destined for c ommon u se or necessary and convenient for the existence. matntenancc or safety of the commercial portions ot

the Proj ec t and lor each building/tower.

 3)

SECTION 6. The Commercial Units/Areas

The commercialunits/areas of the Pro ject shal l per tain to Forty (40) units on the Upper Ground Floor of the buildings/towers orthe   rojc t. The commercial units/areas , commerc ial unit owners and oc cupa nt s and

commercial parking slots ar-e not subj c to this MASTE DEEp. The DECLARAN as the developerof theProject and 9",,:ner ofthc Commercial units/areas and commercial parkingslots shal l h?ve and r. eserves the exclusive

right and authority tp manage and administer the commercial units/ar ea s a nd commercial parkmg s lo ts, .1I1  ludIlW'but not limited to, the right to designate a t hird p ar ty to manage or administer said commercia areas, commercia

Units and commercial parking slots and the nght to adopt, formulate, Implement or Impo se such rcstncuons, limitati ons, r ules and regulations regarding the enjoyment, use and occupancy thereof, even after turn-over of the

Project to the.Condominium Corporation.

SECTION .Jile DECL hA  T i/o nJ :  i  he condominium corporation (the "Corporation") in consideration of this MASTER DEED, pur suant 10 the provisions of the Condominium Act and the Corporation Code

of the Philippines (RP. BI . 68) for the p urpose of holding the title to all General and Limited Common Are as , managing the Project and for such ot her purposes as may be necessary, incid en tal or c onveruent to the accomphsh-

ment of sai i it l oraanization of the Corporation, the DECLARANT shall exercise all powers of the Corporation. Unless otherwise provided herein or i n t he Arti cles of I ncorporation, By Laws and o ther pertinent docu-

ments, after the organization and incorporation of the Corporation, all powers of the DECLARANT as herein provided, that reasonab ly pertains to the Corporation, un less o therwise provided, shall now be exercised by the

Corporation The Corporation, which shall hold title to the common areas in consideration of this MASTER DEED and other applicable laws, shallconstitute the management body of the Project. The Corporation.

through

its

Board of T rustees, shall manage, contro l, supervise and oversee the operation of the Project. It shall have a ll the powers granted to It by the Corporation Code, Condominium Act, those expressed in the Art icles of Incorporation,

its By-Laws and its plan of op ration and such applicable power or authority as. defined In t his M \  TER

DE p. .. ..  

Corollary to such power and authority IS the power to enforce the said applicable provisions, conditions, rules and regulations and, ifnecessary, to compel compliance therewith tor. the common benefit. The Corpora-

tio n may impose fines and penalties for non-compliance andlor violation of said provisions without prejudice to those fines and/or penalties provided for by substantive laws. As a m atter of policy and/or standard, the above cited

authorities shall not be understood, implied, or construed to grant the Corporation the power or authority to conduct a business or makeyrofit or gain advantage to .any or all of the members of the Corporation. The Corporation

ma en a e mana erial, le al, auditin , accountin and other rofessional and technical services or cm l ov such ersonnel and oth er s 111he manner rovided for   I ts B -Laws.