A Rural Bank
A Rural Bank
A Rural Bank
(A RURAL BANK) REAL ESTATE MORTGAGE KNOW ALL MEN BY THESE PRESENTS: This MORTGAGE is made and executed by SPS. ISMAELITA D. ABAD AND DANNY C. ABAD, both of legal age, Filipino and a resident of Poblacion, Barobo, Surigao del Sur herein called the MORTGAGOR/S , for herself/himself as attorney-in fact of PEDRO G. ABAD, SR., DANNY C. ABAD and NOLI C. ABAD per Doc. No. _____ Page No. _____, Book No. _____, Series of 2010 of Notary Public of Atty. _______________________________________ in favor of ENTERPRISE BANK, INC., duly organized under Republic Act No. 720, as amended with principal office located at Lianga, Surigao del Sur, herein called the MORTGAGEE: WITNESSETH 1. That as security for the payment of the loan or advance of a certain promissory note/s hereto attached in the principal sum of TWO HUNDRED THOUSAND PESOS (200,000.00), and such other loan/s or advance/s already obtained, or still to be obtained by the MORTGAGOR/s, as MAKER/s, CO-MAKER/s or GUARANTOR/s from the MORTGAGEE plus interest at the rate of SIXTEEN PERCENT (16%) per annum, payable on the dates mentioned in the corresponding promissory note/s referred and incorporated hereto; the MORTGAGOR/s hereby transfer/s and convey/s to the MORTGAGEE by way of first mortgage, the parcel/s of land described hereunder, together with any and all improvements now existing or which may thereafter be made thereon, of which the MORTGAGOR/s represent/s and warrant/s that he/she/they is/are the absolute owner/s for at least five (5) years now and that the same is/are in complete, absolute, open and exclusive possession of the MORTGAGOR/s and that the same is/are under the personal tillage and cultivation of the latter; LIST AND DESCRIPTION OF MORTGAGED PROPERTIES (Use another page if necessary) TRANSFER CERTIFICATE OF TITLE NO. T-6476 NAME OF OWNER: NELIA C. ABAD married to PEDRO G. ABAD LOT DESCRIPTION: LOT NO. 2529-A , Psd-11-11680-04175, being a portion of Lot 2529, Pls-44 LOCATION: Barrio of San Vicente, Municipality of Barobo, Province of Surigao del Sur BOUNDERIES: NE. Along lines 1-2-3-4-5-6-7-8-9-10-11-12-13-14-15 by Lot 2529-B , of the subdivision plan ; on the SE, along line 15-16 by Road; on the SW., along line 16-17 by Lot lot 2371., PLS. 44, on the NW., along line 17-1 by Lot 2320, Pls-44; Beginning at a point marked 1 on plan being S. 06 deg 23 E 11553.29 m. from BLLM No. 1, Pls-44; thence 53 deg. 20E., 141.6 m. AREA: FIFTY FOUR THOUSAND NINETY EIGHT (54,098) SQUARE METERS TRANSFER CERTIFICATE OF TITLE NO. T-6477 NAME OF OWNER: NELIA C. ABAD married to PEDRO G. ABAD LOT DESCRIPTION: LOT NO. 2529-B, Psd-116801-041475), being a portion of Lot 2529, Pls-44 LOCATION: Barrio of San Vicente Municipality of Barobo, Province of Surigao del Sur BOUNDERIES: NE. along line 2-3-4 by Road. On the SE., along line 4-5 by Road., on the SW., along line 5-6-7-8-9-10-1112-13-14-15-16-17-18-1 by Lot 2529-A of the subdivision plan, on the NW.,
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along line 1-2 by lot 2320 PLS-44. Beginning at a point marked 1 on plan being S. 06 deg. 23 E. 11553.29 m from BLLM no. 1, Pls-44 AREA: FORTY EIGHT THOUSAND ONE HUNDRED SEVENTY EIGHT (48,178) SQUARE METERS 1. That in the event that the Mortgagor executes promissory note/s either to restructure the former note, in extension thereof or as a new loan/credit accommodation/s; or extends or renews the loan/credit accommodation, this mortgage shall stand as a security for the payment of the said note/s, loan/credit accommodation/s without the necessity of executing a new contract and this mortgage shall have the same force and effect as if the said promissory note/s, loan/credit accommodation/s were existing on the date hereof. This mortgage shall also stand as security for any and all other obligations of whatever nature the Mortgagor may have with the Mortgagee; 2. That in case the Government appropriate/s and sell/s the above-mentioned property/ies, then the Mortgagor/s without recourse to any judicial or extrajudicial intervention, shall immediately pay the same; 3. That in case of non-payment or violation of the terms and conditions of this mortgage or any of the provisions of the Republic Act. 720 as amended, then this mortgage shall immediately be foreclosed, judicially or extra judicially as provided by law. For the purpose of extrajudicial foreclosure, the MORTGAGOR/s hereby appoints the MORTGAGEE as MORTGAGORS attorney-in-fact to sell the property mortgaged under Act No. 3135, as amended, and to make, sign, execute or deliver any document necessary thereof and to perform any act or acts necessary to accomplish the said purpose, and in which case, the MORTGAGEE, without any bond, shall have the right to immediately take possession of the property herein mortgaged; but if the MORTGAGOR/s shall pay or cause to be paid the loan in full, including the interest due thereon, according to the terms and conditions of the Promissory Note, then this mortgage shall automatically become null and void and of no effect; OTHERWISE, the same shall remain in full force and effect and shall be enforceable in the manner provided by law; 4. That by reason of incurable defects, this mortgage cannot be recorded in the Office of the Provincial Assessor and/or Registry of Deeds, the obligation herein secured shall immediately become due and demandable; 5. That when the property/ies mortgaged are not registered under the Torrens System or under the Spanish Mortgage Law, the parties agree to register this instrument in the office of the Register of Deeds of the Province/City of _______________________________ in accordance with the provisions of Act No. 3344; provided, that when the corresponding Title/s to the property/ies is/are issued while this mortgage subsist; this instrument shall serve as authority for the Register of Deeds to annotate this mortgage on the corresponding Certificate/s of Title; and provided further that the MORTGAGOR/s obligates himself/herself/themselves to notify the Bank as soon as he/she/they received the Certificate/s of Title of the mortgaged property/ies; 6. That in case the Mortgagee becomes involved in any litigation which may have relation to any or all the properties mortgaged, all expenses of the Mortgagee in such litigation shall be paid by the Mortgagor and this mortgage shall stand as security therefore; 8. That the Mortgagor shall not make any alteration upon or demolish any buildings or improvement/s herein mortgaged without the prior consent of the Mortgagee;
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9. That there is no other instrument/s affecting the property/ies described above pending registration or already registered in the office of Registry of Deeds and of the Provincial Assessor concerned; 10. That if at any time any provision of this Mortgage shall be declared illegal, invalid or unenforceable under any law, decree, regulation, circular or ordinance, the legality, validity and enforceability of the remaining provisions shall not in any manner be affected or impaired thereby; 11. That in the event of suit arising out of or in connection with this mortgage and/or promissory note/s secured by this mortgage, the parties hereto agree to bring their causes of action exclusively in the proper court of Lianga, Surigao del Sur or at such other venue chosen by the Mortgagee, the Mortgagor waiving for this purpose any other venue; 12. And that in case of judicial or extrajudicial execution of the obligations herein secured or any part thereof, the MORTGAGOR/s waive/s all rights under the provisions of Rule 39, Section 13 of the Rules of Court; With full knowledge of the above stipulation and the penal provisions of the Republic Act No. 720, as amended, I/We hereby affix my/our signatures/s, right thumbmark/s on this document at ________________________________ on this _______ day of _________________________, 20______. ISMAELITA D. ABAD NOLI C. ABAD Mortgagor Mortgagor DANNY C. ABAD Mortgagor Mortgagor PEDRO G. ABAD SR.
SIGNED/THUMBMARKED, AFTER TRANSLATING TO HIM/HER/THEM IN THE LOCAL DIALECT THE CONTENT OF THE FOREGOING INSTRUMENT AND SIGNED IN THE PRESENCE OF: ERICK V. FLORES CORVERA Witness Witness ENTERPRISE BANK, INC. MORTGAGEE By: ALLAN P. AASCO Signature of authorized official BRANCH HEAD Designation ROSSELLE R.
ACKNOWLEDGMENT REPUBLIC OF THE PHILIPPINES ) PROVINCE OF _____________________________ ) SS MUNICIPALITY/CITY ______________________ ) At the locality above mentioned, this _______ day of _________________, 2010 personally appeared the following:
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Name Date and Place of Issue 1. ISMAELITA D. ABAD 2010/Barobo 2. DANNY C. ABAD 3.ALLAN P. AASCO
Tax
Certificate Jan.
No. 19,
__________________ __________________
known to me to be the same person/s who executed the foregoing instrument and acknowledged to me that the same is his/her/their free, voluntary act and deed. This instrument refers to the mortgage of Four (4) parcel/s of land including any and all improvements therein described on the face hereof, consisting of Three (3) page/s, including its annex or annexes and signed/thumb marked by the mortgagor/s and his/her/their witnesses. IN WITNESS WHEREOF, I have hereunto affixed my signature and Notarial Seal at __________________________ on ____________________.
________________________ Notary Public Doc No. ______ Page No. _____ Book No. _____ Series of ______
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AREA:
A RESIDENTIAL LOT stands on the Lot no. 2858-B4078, Csd-13-000096-D-Pls-225-c-3 with an area of TWO HUNDRED SEVENTY EIGHT point EIGHTY FIVE (278.85) square meters, more or less. Covered by Tax Declaration no. 06-233-0038-00119.
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2. That in the event that the Mortgagor executes promissory note/s either to restructure the former note, in extension thereof or as a new loan/credit accommodation/s; or extends or renews the loan/credit accommodation, this mortgage shall stand as a security for the payment of the said note/s, loan/credit accommodation/s without the necessity of executing a new contract and this mortgage shall have the same force and effect as if the said promissory note/s, loan/credit accommodation/s were existing on the date hereof. This mortgage shall also stand as security for any and all other obligations of whatever nature the Mortgagor may have with the Mortgagee; 3. That in case of non-payment or violation of the terms and conditions of this mortgage or any of the provisions of the Republic Act. 720 as amended, then this mortgage shall immediately be foreclosed, judicially or extra judicially as provided by law. For the purpose of extrajudicial foreclosure, the MORTGAGOR/s hereby appoints the MORTGAGEE as MORTGAGORS attorneyin-fact to sell the property mortgaged under Act No. 3135, as amended, and to make, sign, execute or deliver any document necessary thereof and to perform any act or acts necessary to accomplish the said purpose, and in which case, the MORTGAGEE, without any bond, shall have the right to immediately take possession of the property herein mortgaged; but if the MORTGAGOR/s shall pay or cause to be paid the loan in full, including the interest due thereon, according to the terms and conditions of the Promissory Note, then this mortgage shall automatically become null and void and of no effect; OTHERWISE, the same shall remain in full force and effect and shall be enforceable in the manner provided by law; 4. That by reason of incurable defects, this mortgage cannot be recorded in the Office of the Provincial Assessor and/or Registry of Deeds, the obligation herein secured shall immediately become due and demandable; 5. That when the property/ies mortgaged are not registered under the Torrens System or under the Spanish Mortgage Law, the parties agree to register this instrument in the office of the Register of Deeds of the Province/City of _______________________________ in accordance with the provisions of Act No. 3344; provided, that when the corresponding Title/s to the property/ies is/are issued while this mortgage subsist; this instrument shall serve as authority for the Register of Deeds to annotate this mortgage on the corresponding Certificate/s of Title; and provided further that the MORTGAGOR/s obligates himself/herself/themselves to notify the Bank as soon as he/she/they received the Certificate/s of Title of the mortgaged property/ies; IN WITNESS WHEREOF, we hereby affix my/our signatures/s, right thumbmark/s on this document at San Francisco, Agusan del Sur on this _______ day of March, 2011.
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ACKNOWLEDGMENT REPUBLIC OF THE PHILIPPINES PROVINCE OF AGUSAN DEL SUR MUNICIPALITYOF SAN FRANCISCO ) ) SS )
At the locality above mentioned, this ________ day of MaY, 2011 personally appeared the following: Name Date and Place of Issued 1. PURIFICACION L. ALBARICO 2. LUDY L. SALEM known to me to be the same person/s who executed the foregoing instrument and acknowledged to me that the same is his/her/their free, voluntary act and deed. This instrument refers to the mortgage of three (3) parcel/s of land including any and all improvements therein described on the face hereof, consisting of Three (3) page/s, including its annex or annexes and signed/thumb marked by the mortgagor/s and his/her/their witnesses. IN WITNESS WHEREOF, I have hereunto affixed my signature and Notarial Seal at San Frnacisco, Agusan del Sur on ____________________. Community Tax Certificate No.
________________________ Notary Public Doc No. ______ Page No. _____ Book No. _____ Series of ______
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