Uniform Loan and Mortgage Agreement (Real Estate) : Pangasinan Bank, Inc
Uniform Loan and Mortgage Agreement (Real Estate) : Pangasinan Bank, Inc
Uniform Loan and Mortgage Agreement (Real Estate) : Pangasinan Bank, Inc
This Uniform Loan and Mortgage Agreement (the “Agreement”), duly executed and
delivered by and between the undersigned parties and hereinafter referred to as
“Borrower/Mortgagor”, irrespective of number, and “Bank/Financial Institution/”, respectively:
Name of Borrower
/Mortgagor
TIN
Address of Borrower
/Mortgagor
Nationality
Name of Borrower, if not
a Borrower/ Mortgagor
TIN
Address of Borrower
Nationality
Name of Mortgagor, if
not a Borrower/
Mortgagor
TIN
Address of Mortgagor
Nationality
(In this Agreement and the Supplemental Terms and Conditions, references to the “Borrower” or
“Mortgagor” shall likewise include the “Borrower/Mortgagor”)
-and-
Name of Bank/ Financial
Pangasinan Bank, Inc. (A Rural Bank)
Institution
Authorized
Representatives
Principal Office and
Address of Bank/
Financial Institution
WITNESSETH:
WHEREAS, the Borrower has applied for a loan with the Bank/Financial Institution and
the latter has agreed to grant said loan to the Borrower subject to the execution of a real estate
mortgage by the Mortgagor in favor of the Bank/Financial Institution and upon terms and
conditions set out in this Agreement and its Supplemental Terms and Conditions.
FOR VALUE RECEIVED and for other valuable consideration, the Borrower
unconditionally promises to pay to the order of the Bank/Financial Institution the Principal
Amount, interest, penalty charges, taxes, fees and expenses due thereon (described below and
collectively hereinafter referred to as the “Loan”) in the manner and subject to the terms and
conditions provided below and in the Supplemental Terms and Conditions:
1
PANGASINAN BANK, INC.
(A Rural Bank Est. 1976)
Mangaldan, Pangasinan
Tel. No. (075) 523-5859; 513-5013
Telefax No. (075) 653-1570
Email Address:[email protected]
Manner of Payment [__] Post Dated Checks [__] Over the Counter payment at
each due date
[__] Automatic Debit Authorization (details below)
Automatic Debit Borrower authorizes Bank/Financial Institution to debit or
Authorization cause the debiting of the following deposit account for
2
PANGASINAN BANK, INC.
(A Rural Bank Est. 1976)
Mangaldan, Pangasinan
Tel. No. (075) 523-5859; 513-5013
Telefax No. (075) 653-1570
Email Address:[email protected]
To secure the full and prompt payment of the Loan and the “Secured Obligations” (as
defined herein), the Mortgagor hereby constitutes a first and preferred mortgage over the real
estate property(ies) described below, together with all improvements existing or that may be
erected thereon, including all fruits and rent, free and clear of all liens and encumbrances (the
“Mortgaged Property”), in favor of the Bank/Financial Institution, its successors and assigns,
including its subsidiaries and affiliates:
Location Area in TCT/CCT Nos/ Registered Owner
Sq. m. Registry of Deeds
“Secured Obligations” shall mean and include a) all increases, renewals, amendments,
conversions, novations, extensions or restructurings of the Loan; b) all other loans, obligations
and credit accommodations which may now be existing or which may hereinafter be obtained by
the Borrower and/or the Mortgagor from the Bank/Financial Institution, its subsidiaries and
affiliates including the Borrower’s or Mortgagor’s obligations as surety; c) advances made by the
Bank/Financial Institution for insurance premiums, taxes, expenses, and fees incurred for or in
connection with this Agreement and the Mortgaged Property; and d) attorneys fees, taxes, legal,
and other expenses incurred for the collection and enforcement of the Bank/Financial
Institution’s rights under this Agreement.
Restriction on Sale, Lease and Mortgage. The Mortgagor shall not sell, dispose, transfer,
lease out, encumber or further mortgage the Mortgaged Property without prior written consent of
the Bank/Financial Institution.
Events of Default. The Bank/Financial Institution shall have the right, at its option, to
declare the Loan and Secured Obligations immediately due and demandable, accelerate the
maturity thereof and to foreclose the mortgage constituted herein judicially or extra-judicially in
accordance with Act No. 3135, as amended, or such other applicable laws, in any of the
following events of default and the Mortgagor herein grants the Bank/Financial Institution a
special power to sell the Mortgaged Property in accordance with Act No. 3135, as amended, or
such other applicable laws:
[i] Payment Default. Borrower fails to pay any installment, amortization or sum due on the
Loan or advances made by the Bank/Financial Institution under this Agreement;
[ii] Cross Default. Borrower defaults or fails to pay the Secured Obligations or any loan or
credit accommodation with the Bank/Financial Institution’s subsidiaries or affiliates or any third
party or creditor, whether as borrower, surety, or guarantor ;
3
PANGASINAN BANK, INC.
(A Rural Bank Est. 1976)
Mangaldan, Pangasinan
Tel. No. (075) 523-5859; 513-5013
Telefax No. (075) 653-1570
Email Address:[email protected]
[iii] General Default. Borrower or Mortgagor violates or fails to perform any of the terms and
conditions of this Agreement, the Supplemental Terms and Conditions or any other loan or credit
document covering the Secured Obligations ;
[iv] Representations/ Warranties. Borrower or Mortgagor provides information, or makes any
representation or warranty in this Agreement, the loan application, or any credit or loan
documents that are incorrect or untrue in any material respect;
[v] Impairment. The mortgage constituted herein is not promptly registered in the appropriate
Registry of Deeds for causes not attributable to the Bank/Financial Institution or the lien in favor
of the Bank/Financial Institution shall become ineffective, impaired, depreciate in value, cease to
be first ranking and preferred, is disaffirmed by the Borrower or Mortgagor, is nullified or cease
to be effective;
[vi] Death or Incapacity. Borrower or Mortgagor dies or becomes incapacitated or insolvent or
a guardian/administrator is appointed over his person or properties;
[vii] Loss of License, Authorization or Registration. Borrower or Mortgagor is dissolved or its
corporate registration or business license with the Securities and Exchange Commission or
relevant government agency is cancelled or revoked;
[viii] Bankruptcy. If a juridical entity, the Borrower or Mortgagor becomes insolvent, bankrupt
or unable to pay its debts, or applies for suspension of payments or corporate rehabilitation or,
whether a natural or juridical person, is unable to pay its debts as they mature or take advantage
of insolvency, bankruptcy, or applicable laws for the relief of debtors ;
[ix] Involuntary Proceedings. Borrower or Mortgagor shall be subject to or is a respondent to
any proceeding for insolvency, bankruptcy, guardianship, receivership, suspension of payments,
corporate rehabilitation, or any similar process ;
[x] Material Adverse Change. Borrower or Mortgagor becomes subject to any material adverse
change in his / its condition or circumstances, including a finding of probable cause against the
Borrower or Mortgagor or against any member of its Board of
Directors/partners/trustees/stockholders or officers [if the Borrower or Mortgagor is a juridical
entity] for offenses involving moral turpitude, or an order is issued by any competent
government authority or court freezing, preserving or forfeiting the accounts, money or property
of the Borrower or Mortgagor, which in the opinion of the Bank/Financial Institution may impair
the ability or willingness of the Borrower or Mortgagor to perform or pay for his / its obligations
under this Agreement or such other credit agreements.
4
PANGASINAN BANK, INC.
(A Rural Bank Est. 1976)
Mangaldan, Pangasinan
Tel. No. (075) 523-5859; 513-5013
Telefax No. (075) 653-1570
Email Address:[email protected]
Bank/Financial Institution shall notify the Borrower in writing at his last given address about the
set-off or debit conducted.
The Mortgagor warrants that he/it has absolute ownership and title over the Mortgaged
Property and fully acknowledges that this Agreement and the Supplemental Terms and
Conditions shall be read and construed as one integral document and agree to be bound thereby.
SIGNATURE OF ATTORNEY-IN-FACT OF
BORROWER/MORTGAGOR OVER PRINTED SIGNATURE OF AUTHORIZED
NAME REPRESENTATIVE OVER PRINTED NAME
MARTIAL CONSENT/SIGNATURE OF
BORROWER SPOUSE OVER PRINTED NAME
MARITAL CONCENT/SIGNATURE OF
MORTGAGOR SPOUSE OVER PRINTED NAME
5
PANGASINAN BANK, INC.
(A Rural Bank Est. 1976)
Mangaldan, Pangasinan
Tel. No. (075) 523-5859; 513-5013
Telefax No. (075) 653-1570
Email Address:[email protected]
AC KN OWLE D GE ME NT
REPUBLIC OF THE PHILIPPINES )
_________________________ ) S. S.
BEFORE ME, a Notary Public for and in the above jurisdiction on this day of
_____________________________ personally appeared:
6
PANGASINAN BANK, INC.
(A Rural Bank Est. 1976)
Mangaldan, Pangasinan
Tel. No. (075) 523-5859; 513-5013
Telefax No. (075) 653-1570
Email Address:[email protected]
CERTIFIED CORRECT:
_________________________________________________________
(Signature of Authorized Representative over Printed Name)
Manager
I ACKNOWLEDGE RECEIPT OF A COPY OF THIS STATEMENT PRIOR TO THE CONSUMMATION OF THE CREDIT
TRANSACTION AND CERTIFY THAT I UNDERSTAND AND FULLY AGREE TO THE TERMS AND CONDITIONS
THEREOF.
_____________________________________________________ ______________
(Signature of Borrower over Printed Name) (Date)
NOTICE TO BORROWER:
YOU ARE ENTITLED TO A COPY OF THIS PAPER WHICH YOU SHALL SIGN.