DEPOSIT AGREEMENT
for the purchase and sale of real estate
the city of Almaty "___" _________ 2024 the year
T.J.M. is a citizen of the Republic of Kazakhstan, with the consent of his wife T.A.E. is a citizen of the Republic of Kazakhstan by mutual consent, hereinafter referred to as the "Seller", on the one hand, and J.O. is a citizen of the Republic of Kazakhstan with the consent of his wife G.M. is a citizen of the Republic of Kazakhstan by mutual consent, hereinafter referred to as the "Buyer", on the other the other parties, hereinafter collectively referred to as the "Parties", and if separately referred to as the "Party", have concluded this purchase and sale agreement on the following:
1. SUBJECT OF THE AGREEMENT
1.1. The seller T. J. M. on the basis of the Preliminary Contract of sale of real estate for No. 0103 dated September 10, 2019 concluded between the Limited Liability Partnership "ONDIRIS BULDING" and T.J.M. is the future owner of the property where the parties agreed that after fulfilling all conditions and obligations under the above agreement, the Limited Liability Partnership ONDIRIS BULDING undertakes to conclude the main purchase and sale agreement and transfer ownership to T.J.M. real estate with a cadastral number №20:311:020:723:1:822 Residential premises (Apartment) of the Residential complex "Altyn Bulak-2" located at 167 Bursilovsky St., Almaty, room number 822, with a total area of 70.5 sq.m., the actual area of the property is 73.2 sq.m.
Until the terms of the above-mentioned agreement are fully fulfilled, Turtulov Zhumagali Maratovich, in accordance with the terms of the Property (Lease) Agreement for Residential premises No. 0103-AR dated February 10, 2020, concluded between the Limited Liability Partnership ONDIRIS BULDING and T.J.M., will lease real estate, Residential premises (Apartment) of the Residential Complex Altyn Bulak-2." located at 167 Bursilovsky St., room number 822, Almaty, until January 10, 2027.
The mortgagee under the Preliminary Agreement for the Purchase and sale of real estate No. 0103 dated September 10, 2019 is the Joint-Stock Company "PROBLEM LOANS FUND".
1.2. The subject of the Deposit Agreement will be to ensure the conclusion and execution of the contract of sale of immovable property, the Seller, after fulfilling all obligations under the Preliminary Contract of Sale of Immovable Property No. 0103 dated September 10, 2019, the Contract of property (lease) of residential premises No. 0103-AR dated February 10, 2020 and the acquisition in his name, undertakes to transfer under the terms of this agreement, the Buyer undertakes to pay for and accept the real estate objects, hereinafter referred to as "Property" in the text of this agreement, namely: real estate with a cadastral number №20:311:020:723:1:822 Residential premises (Apartment) of the Residential complex "Altyn Bulak-2" located at 167 Bursilovsky St., Almaty, room number 822, with a total area of 70.5 sq.m., the actual area of the property is 73.2 sq.m.
2. RIGHTS AND OBLIGATIONS OF THE PARTIES
2.1. The Seller undertakes to:
2.1.1. The Seller undertakes that he will, at the expense of the Buyer, repay the loan debt under the Preliminary Agreement for the Purchase and Sale of real estate for No. 0103 dated September 10, 2019, the Agreement for property (lease) of residential premises No. 0103-AR dated February 10, 2020 to December 31, 2027 to remove encumbrances, acquire the right ownership and prepare all title documents for the transaction to transfer the property to the Buyer.
2.1.2. Simultaneously with the transfer of the Property, transfer to the Buyer the documents related to the Property (technical passport, title documents).
2.1.3. Transfer the Property to the Buyer, free from any rights and claims of third parties.
2.1.4. Perform other duties stipulated by this agreement.
2.2. The Seller has the right to:
2.2.1. Terminate this agreement unilaterally, in case of non-fulfillment by the Buyer of the conditions established by this agreement.
2.3 The Buyer undertakes to:
2.3.1. Make the payment in accordance with the procedure established by the terms of this agreement.
2.3.2. Accept the Property in accordance with the procedure established by the terms of this agreement.
2.4. The Buyer has the right to:
2.4.1. To require the Seller to transfer the Property, to transfer to the Buyer the documents related to the Property (technical passport, etc.).
2.4.1. In case of non-fulfillment of obligations by the Seller under the terms of this Agreement, the Buyer, in accordance with art. 338 of the Civil Code of the Republic of Kazakhstan, may demand to pay double the amount of the deposit.
3. ACCEPTANCE OF PROPERTY
3.1. The Seller's obligation to transfer the Property is deemed fulfilled at the time of signing the main Apartment Purchase Agreement and the Buyer's acquisition of ownership of the property from the date of registration of the Main Apartment Purchase Agreement with authorized government agencies.
4. PROPERTY PRICE AND PAYMENT TERMS
4.1. In order to conclude a contract for the purchase and sale of real estate (Apartment) of the Residential complex "Altyn Bulak-2" located at 167 Bursilovsky St., Almaty, room number 822, with a total area of 70.5 sq.m., the actual area of the property 73.2 sq.m. By mutual agreement of the Parties, the final value of the real estate is 34,100,000 (thirty-four million one hundred thousand) tenge.
4.2. The Seller will receive a cash deposit in the amount of 18 500 000 (eighteen million five hundred thousand) tenge, of which the Seller received 14 000 000 (fourteen million) tenge according to the Money Loan Agreement dated March 27, 2024 certified by Notary A. M.A. registered in the register No. 502., due to the conclusion of the purchase agreement-sales of the above-mentioned real estate.
4.2. At the time of signing this agreement, the Buyer undertakes to additionally deposit funds in the amount of 1,500,000 (one million five hundred thousand) tenge into the deposit account. And additionally, by 07/31/2024, the Buyer undertakes to pay additional funds to the Buyer in the amount of 3,000,000 (three million) tenge.
4.3. The Buyer undertakes to pay the remaining amount in the amount of 15,600,000 (fifteen million six hundred thousand) tenge by December 31, 2027.
4.4. The Buyer undertakes to fully fulfill the obligations of the Seller under the Preliminary Agreement for the Purchase and Sale of Real Estate No. 0103 dated September 10, 2019 and the Agreement for Property (lease) of residential premises No. 0103-AR dated February 10, 2020 totaling 15,600,000 (fifteen million six hundred thousand) tenge independently and at his own expense. according to the terms of these agreements with the right to early fulfillment of obligations for the Seller.
4.5. At the time of signing this agreement, the Buyer has fulfilled the Seller's obligations to ONDIRIS BULDING LLP in the amount of 114,500 (one hundred and fourteen thousand five hundred) tenge.
4.6. By signing this agreement, the deposit is a confirmation
receipt by the Seller of the above amount and fulfillment of the obligation by the Buyer.
5. RESPONSIBILITY OF THE PARTIES
5.1. The parties are responsible for non-fulfillment or improper fulfillment of the terms of this agreement in accordance with the legislation of the Republic of Kazakhstan.
6. TERM OF THE AGREEMENT
7.1. This agreement comes into force from the moment of its signing and is valid until the parties fully fulfill their obligations.
7. DISPUTE RESOLUTION
7.1. All disputes and disagreements between the Parties that may arise under this agreement are resolved through negotiations.
7.2. In case of non-settlement of disputes through negotiations, the dispute is resolved in accordance with the current legislation of the Republic of Kazakhstan.
8. OTHER CONDITIONS
8.1. However, the deposit agreement complies with Article 337 of the Civil Code of the Republic of Kazakhstan, which states that a deposit is an amount of money given by one of the contracting parties to account for payments due from it under the agreement to the other party and to ensure the conclusion and execution of the agreement.
8.2. When signing this agreement, the parties confirm that they are not limited in their legal capacity, are not in a state of narcotic, toxic, or alcoholic intoxication, are able to exercise and defend their rights and duties for health reasons, do not suffer from diseases that may hinder awareness of the essence of the signed agreement, and also confirm that they are not under the influence of delusion., deception, threat, malicious agreement, or combination of difficult circumstances.
8.3. This agreement is drawn up in two copies in Russian. All copies are identical and have equal legal force.
8.4. Issues not regulated by this agreement are determined in accordance with the requirements of the current legislation of the Republic of Kazakhstan and are subject to the jurisdiction of the courts of the city of Almaty.
9. LEGAL ADDRESSES, SIGNATURES AND DETAILS OF THE PARTIES:
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