Real Estate Mortgage

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REAL ESTATE MORTGAGE

KNOW ALL MEN BY THESE PRESENTS:

This Real Estate Mortgage made and executed by and between:

AMY SANTIAGO of legal age, Filipino, single, with residence at 99 Salvador St.,
Labangon, Cebu City, and hereinafter referred to as the “MORTGAGOR”,

-and-

Jake Peralta, of legal age, Filipino, single, with residence at 20 C. Padilla St.,
Alaska, Mambaling, Cebu City, and hereinafter referred to as the
“MORTGAGEE”

. . WITNESSETH: That –

WHEREAS, the MORTGAGOR is the absolute and registered owner of a parcel


of land situated at Brooklyn Hills, Sirao, Cebu City, Philippines, covered by Transfer
Certificate of Title No. D- 324815 of the Registry of Deeds for Cebu;

WHEREAS, the MORTGAGOR is indebted to the MORTGAGEE in the principal


sum of Two Milion Pesos (Php 2, 000, 000.00), Philippine currency, under and by virtue
of a Promissory Note (“Note”) attached herewith and made an integral part hereof as
Annex “A”;

WHEREAS, the MORTGAGOR has agreed to secure the payment of the Note to
the MORTGAGEE by means of a good and valid mortgage upon the property herein
described below;

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


security for payment of the aforesaid obligation, the MORTGAGOR has transferred and
conveyed, and by these presents transfer and convey by way of MORTGAGE, unto the
MORTGAGEE, his/her heirs, successors or assigns the aforesaid parcel of land situated
at Brooklyn Hills, Sirao, Cebu City, Philippines, and more particularly described as
follows:

TRANSFER CERTIFICATE OF TITLE NO. D- 324815


Registry of Deeds for Cebu

A PARCEL OF LAND (Lot13 Blk 34 of consonlidation subdivision plan


(LRC) Pcs- 15438, being a portion of the consolidation of Lots 2359- A and
3295- B (LRC) Psd- 56438, Lot 3, Psd- 28649, Lot 2, Psd- 37946, LRC Rec.
Nos. N- 35764, 67584, 16483, N- 18946, and 79363 situated in the Bo. of
Sirao, Cebu City, Cebu. Bounded on NE., point 4 to 1 by Road Lot 15, on...
to the point of beginning; containing an area of (570) square meters more or
less...

It is agreed and understood that if at any time the MORTGAGOR shall fail or
refuse to pay the obligations herein secured, or default in any installment when due, or
to comply with any of the conditions and stipulations herein agreed or in the separate
instruments evidencing the obligations hereby secured or shall, during the time this
mortgage is in force, institute insolvency, suspension of payment or similar
proceedings, or be involuntary declared insolvent or writ of garnishment and/or
attachment be issued against any of the assets or income of the MORTGAGOR or if this
mortgage cannot be recorded in the Registry of Deeds, then all the obligations of the
MORTGAGOR secured by this Mortgage shall immediately become due and payable
and defaulted and the MORTGAGEE may immediately foreclose this mortgage
judicially, or extra-judicially pursuant to Act No. 3135, as amended. The MORTGAGEE
is hereby appointed attorney-in-fact of the MORTGAGOR, with full power and
authority to take actual possession of the mortgaged property at once, and to forthwith
foreclose this mortgage judicially, or to sell the above-described properties extra-
judicially in accordance with Act No. 3135, as amended, and to take such other actions
as may be deemed necessary to recover the amount due; and in the event of such
judicial or extra-judicial foreclosure or other legal action, the MORTGAGEE shall be
entitled to compensation for expenses, attorney’s fees and costs of collection, which is
stipulated to be twenty five percent (25%) of the indebtedness then unpaid but not less
than Php50,000.00.

The condition of this mortgage is such that if the MORTGAGOR shall well and
truly pay or cause to be paid to the MORTGAGEE the obligation in the principal sum
with accrued interest, according to the terms and tenor hereof, then this mortgage shall
thereby fully discharged and without further effect; OTHERWISE, it shall remain in full
force and effect and shall be enforceable in the manner provided by law.

IN WITNESS WHEREOF, the parties have caused these presents to be signed on


this 17th day of February 2019 at Cebu City, Philippines.

AMY SANTIAGO JAKE PERALTA


Mortgagor Mortgagee
SIGNED IN THE PRESENCE OF:

CHARLES BOYLE ROSA DIAZ


Witness Witness

ACKNOWLEDGMENT

BEFORE ME, a Notary Public for and in the city of Cebu, this 17th day of February 2019,
personally came and appeared:

Name Competent Evidence of Identity Place Issued/Validity Period

Amy Santiago Driver’s License No. G01-18-093745 3- 02- 23/ Cebu City

Jake Peralta Driver’s License No. G01-16-097645 3- 02- 23/ Cebu City

Charles Boyle Driver’s License No. G01-18-023655 3- 02- 23/ Cebu City

Rosa Diaz Driver’s License No. G01-18-435735 3- 02- 23/ Cebu City

All known to me and to me known to be the same persons who executed the foregoing
Real Estate Mortgage and they acknowledged to me that the same is their free and
voluntary act and deed.

WITNESS MY HAND AND SEAL, at the date and place first above written.

Doc. No. ______;


Page No. ______; ALEXANDRE U. CABILTE
Book No. ______; Notary Public For Cebu City
Series of 2019 Notarial Commission No. 063- 97 (Until Dec. 31, 2019)
Unit 9, Greenlane Building, Jakosalem Street,
Cebu City, Philippines
PTR No. ________/ December 18, 2018
Roll of Attorneys No. ______
IBP LRN _____
MCLE Compliance No. / January 3, 2019

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