Professional Documents
Culture Documents
Improvements) Situated at 1 Fatima Lane, Marikina, and More Particularly Described As
Improvements) Situated at 1 Fatima Lane, Marikina, and More Particularly Described As
And -
BB Jose, of legal age, Filipino, single, with office at 12 Mary St., Marikina, and
hereinafter referred to as the MORTGAGEE.
.
WITNESSETH: That
WHEREAS, the MORTGAGOR is the absolute and registered owner of a parcel of
land
situated
by
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(s) and/or amortization(s) of
such indebtedness or the principal obligation 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
action(s) as he may be deem 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, attorneys 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
4 June 2016 at Marikina City.
Mortgagor
Mortgagee
SIGNED IN THE PRESENCE OF:
DD de Leon
EE Estrada
ACKNOWLEDGMENT
REPUBLIC OF THE PHILIPPINES )
) S.S.
BEFORE ME, a Notary Public, for and in the above jurisdiction personally
appeared the following persons, with their Community Tax Certificates, to wit:
1.
2.
3.
4.
5.
NAME
AA Santos
BB Jose
CC Cruz
DD de Leon
EE Estrada
CTC/PASSPORT #
AA-12345
AA-14122
SS-23112
AA-09213
DD-23123
DATE/PLACE OF ISSUE
12/1/10 Pasay
03/10/10 Pasay
12/12/12 Pasay
7/09/10 Pasay
08/9/13 Pasay
Known to me and to me known to be the same persons who executed the foregoing
instrument and they acknowledged to me that the same is their free and voluntary act.
This instrument consist of two (2) pages including this page where the acknowledgment
is written, signed on the appropriate spaces provided above and on the left hand
margins of all other pages, and is a Suretyship Agreement.
WITNESS MY HAND AND SEAL this 4th day of June 2016.
ANNEX A
PROMISSORY NOTE
FOR VALUE RECEIVED, the undersigned Maker, promises to pay to the order of
BB Jose, (hereinafter referred to as "Payee"; Payee together with any subsequent holder hereof
or any interest herein being hereinafter referred to as "Holder") at
Head Office, Marikina, or at such other place as the Holder may from time to time designate in
writing, without grace, except as may be otherwise expressly provided for herein, the principal
sum of 500,000 PESOS, together with interest from the date hereof at a rate of twelve percent
(12%) per annum on the unpaid principal balance from time to time outstanding in accordance
with the following provisions:
(a)
Commencing 2 June 2016, and on the 3rd day of each and every month thereafter until 3 June
2018, the undersigned shall pay t o Holder equal installments, including principal and accrued
interest on the unpaid principal balance. The entire outstanding principal balance shall be due
and payable in full on or before 3 June 2018. Any default or delay in the payment of any
installment shall bear a penalty interest of three percent (3%) per month.
(b)
This Note is secured by a Mortgage of even date herewith executed by the
undersigned in favor of the Payee herein, which is a lien on certain collateral security as
described therein.
(c)
The Maker shall have the right at any time or from time to time to pay all or a portion of the
principal without premium or penalty.
(d)
Should suit be brought to recover on this Note, or should the same be placed in the hands of an
attorney for collection, Maker promises to pay Holder attorney fees equal to fifteen percent (15%)
of the outstanding amount and costs incurred in connection therewith. This Note shall be
governed and construed accordance with the laws of the Philippines, and suit hereon may only
be brought before the Regional Trial Court of Marikina City, Metro Manila, to the exclusion of
all other venues.
(e)
Failure of Holder to exercise any option hereunder shall not constitute a waiver of
the right to exercise the same in the event of any subsequent default or in the event of the
continuance of any existing default after demand for strict performance hereof.
(f)
Maker hereby waives demand, diligence, presentment for payment, protest or notice of demand
and exercise of any option hereunder. Maker or each individual and entity signing this note,
whether or not as a Maker, agree that the granting of any extension or extensions of time for
payment of any sum or sums due hereunder, or under any other instrument securing this note, or
for the performance of any covenant, condition or agreement hereof or thereof or the release of
other or additional security shall in no way release or discharge the liability the Maker or any
signor or any guarantor hereof.
(g)
Time is of the essence of this note and each and every term and provision herein
is intended to insure the prompt payment of the obligation.
IN WITNESS WHEREOF,
2 June 2016, at Marikina.
have
executed
this Note
_______________________
AA Santos
Maker/Borrower
DD de Leon
EE Estrada
this