Real Estate Mortgage
Real Estate Mortgage
Real Estate Mortgage
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 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;
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.
ACKNOWLEDGMENT
BEFORE ME, a Notary Public for and in the city of Cebu, this 17th day of February 2019,
personally came and appeared:
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.