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REAL ESTATE MORTGAGE

KNOW ALL MEN BY THESE PRESENTS:

This REAL ESTATE MORTGAGE (hereinafter referred as the “Mortgage”),


dated _______ ,2018, executed in ___________ by and between:

__________________, all of legal age, Filipino and


residents of __________________, hereinafter referred to
as the “MORTGAGOR”.

-and-

First Sumiden Circuits Inc. Light Industry & Science Parkan


incorporation duly organized and existing under and by
virtue of the laws of Philippines, with office address at
___________________, represented by its Department
Manager, ________________, hereinafter referred to as
“MORTGAGEE”.

WITNESSETH: that

WHEREAS, MORTGAGEE, has agreed to entered into a Contract of Loan in the


sum of Php______________, on condition among others that the contract of loan
be secured by a first mortgage over real estate property owned by Mortgagors;

NOW, THEREFORE, for and in consideration of the forgoing premises and in order
to secure the due and full payment and performance of the Secured Obligations,
the Mortgagors, by way of its first mortgage herby transfer, convey and encumber,
in favor of the Mortgagee, all of the Mortgagors rights, title and interest in a
parcel of land, TCT No. _______, situated in the
____________________________, with an area of ____________square meters,
more particularly described as follows:
TCT No. ______

A parcel of land (Lot 6897-H of the subdivision plan Psd-04-


184195, being a portion of lot 6897, Imus Estate, L.R.C. Rec.
No. 8843) situated in the Brgy. of Lankaan, Mun. of
Dasmarinas, Prov. of Cavite. Bounded on the E., along line
1-2 by lot 6897-G of the Subd. Plan; on the S., along lines 2-
3-4-5 by lot 6893, Imus Estate; on the W., along line 5-6 by
lot 6897-F; on the NW., along line 6-1 by lot 6897-E, all of
the subd. Plan. Beginning at a pt. marked “1” on plan, being
N. 08 Deg. 52’W., 2415.88 M. from Mon. no. 99, Imus
Estate. xxx containing an area of FOUR THOUSAND TWO
HUNDRED THRITY NINE (4, 239) SQUARE METERS. Xxx

Of which real properties the MORTGAGOR is the registered owner in accordance


with the provisions of the Property Registration Decree, its title thereto being
evidenced by the aforementioned Transfer Certificates of Title of the Registry of
Deeds for Province of ______.

This Mo
SECTION 1. OBLIGATIONS – The obligations secured by this Mortgage are the ff:
a) All obligation of the Mortgagor under this Mortgage including all renewals.
Extensions, novation, and any and all instruments or documents issued
pursuant to this Mortgage;

b) All other obligation of the Mortgagor on favor of the Mortgagee, whether


or not arising from or connected with this Mortgage.

SECTION 2. ENTRY TO MORTGAGED PROPERTIES – The Mortgagee, its officers,


agents and/or representatives, shall have the right to enter the premises of the
Mortgagor or of anywhere the Mortgaged Properties are located at any
reasonable hour of the day in order to inspect and determine the condition and
value of the Mortgaged Properties and enforce compliance with the provision of
this Section.

SECTION 3. WHEN THE MORTGAGOR IS IN DEFAULT – The Mortgagor is in default


within the meaning and contemplation of this Mortgage without need of notice to
or consent of the Mortgagor, or any other act or deed, in case the Borrower
and/or Mortgagor is in default in the payment of any principal or any interest due.

Default by the Mortgagor within the meaning and contemplation of Section 2


shall, without need for any notice or demands or any act or deed, all od which are
hereby waived, have the same effects and entitle the Mortgagee to exercise the
same remedies provided for in the Agreement, in addition to the following, all of
which shall be alternative, concurrent and cumulative unless prohibited by law:

a) The Mortgagee shall have the right to immediately foreclose on this


mortgage in accordance with Section 4 below and shall have the rights,
powers and remedies set forth in said Section;
b) The Mortgage shall have the right to be appointed as receiver, without
bond, for the Mortgaged Properties, as set forth in Section 5 below: and
c) The Mortgagor shall have the right to exercise any and all other rights and
remedies available to it under this Mortgage, under other contracts or
under present or future laws of the Philippine, or elsewhere.
SECTION 4. FORECLOSURE – Foreclosure, as and when it becomes vested as a
right of the Mortgagee shall at its sole discretion, be either judicial or extra-
judicial and shall entitle the Mortgagee to the following alternative, concurrent
and cumulative rights without need for any further act or deed:

a) the Mortgagee shall be entitled and is hereby irrevocably appointed


attorney-in-fact of the Mortgagor with full power and authority to enter the
premises where the Mortgaged Properties are located and to take actual
possession and control throes without need of any order of any court, nor
any written permission from the Mortgagor, and with special power to sell
the Mortgaged, at a public auction or private sale, at the option of the
Mortgagee. In any case until the Secures Obligations are fully paid, the
Mortgagee is hereby authorized and empowered: (i) to hold and retain
possession and control of the Mortgaged Propertius; (ii) to operate,
administer and manage the same and from time to time make all needful
repairs, addition and improvements on the Mortgaged Properties as may be
deemed necessary and proper: (iii) to receive, if any, the rents, revenues,
earnings, income ,product andprofu=it thereof, and out of the same pay all
proper cost, liabilities and expenses of so taking, holding, administering and
managing the same.

b) The Mortgagee shall have the right and is hereby given by the Mortgagor,
full power and authority to sell the Mortgaged Properties in their entirely,
or in such lots or parcels as the Mortgagee may determine, at public
auction or private sale at such place or places as the Mortgagee may so
determine unless otherwise specifically requires by law to held elsewhere.
The Manner and procedure for affecting the sale of all or any part of the
Mortgaged Properties including the giving notices for such sale, if made
extra-judicially shall be governed by the applicable provisions of Act. No.
508 as amended, and other pertinent laws of the Republic of the
Philippines. If the sale of all or any parts of the Mortgage Properties is to be
affected judicially, the manner and procedure for doing so shall be governed
by the applicable provisions of the New rules of Court and other pertinent
laws of the Republic of the Philippines.
The Mortgagee may be the bidder at the sale of the Mortgaged properties
or any portion thereof, whether under foreclosure proceedings or under the
power of sale herein provided, or otherwise.

SECTION 5. RIGHT OF THE MORTGAGEE TO BE APPOINTES RECEIVER WITHOUT


BOND – In case proceedings, whether judicial or otherwise, are instituted for the
foreclosure of this Mortgage, or to enforce any right or claim thereunder, the
Mortgagee, its officers, agents and/or representatives, shall be entitled as a
matter of right to appointed and to act as receiver, without bond, of the Mortgage
properties, with power and authority to do and perform any and all acts as shall
necessary, needful or advisable to enable the said receiver to properly control;
and/or dispose of the Mortgages Properties ( including the accessions, additions,
accretions, rents, earnings, income, etc.) to which this Mortgage extends.

SECTION 6. ASSIGNMENT, ECT BY THE MORTGAGEE -

1. This Agreement shall be governed by the laws of the Republic of the


Philippines. In case of dispute, the same shall be submitted to the Court of
competent jurisdiction.

IN WITNESS WHEREOF, the parties have hereunto set their hands, this ___
day of ____________________, at ______________________________.

_________________ _____________
Mortgagor Mortgagee

Signed in The Presence Of:


______ _

ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES)


_______________________________ ) S.S.

BEFORE ME, a Notary Public for and in __________________, this ____


day of ________________ , personally appeared the following:

Passport No. Date / Place Issued

MORTGAGEE NAME

MORTGAGOR NAME

All Known to me 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, as well as, the free and voluntary act and deed of the
corporation represented.

WITNESS MY HAND AND NOTARIAL SEAL on the date and place above-
written.

Doc. No. ;
Page No. ;
Book No. ;
Series of 2016.

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