PETITION TO SELL IN

EXTRAJUDICIAL FORECLOSURE

10 June 2020

To: The Clerk of Court/Ex-Officio Sheriff

Regional Trial Court
Tacloban City

Greetings:

We hereby deliver to you the annexed copy of a CHATTEL

MORTGAGE executed on 28 October 2018 by JUN S. OBERA as
mortgagor, whose postal address is REAL STREET, BRGY. CANRAMOS,
TANAUAN, LEYTE, in favor of MAHAYAHAY LENDING CORP. as
mortgagee, whose office address is at Mahayahay Bldg., Juan Luna St.,
Tacloban City, upon certain chattel (multi-cab) listed and described therein,
and for your information we hereby state the following facts:

1. That by virtue of the aforementioned CHATTEL MORTGAGE, the

mortgagor executed several PROMISSORY NOTES to restructure his loan,
the latest of which is dated 20 August 2019, acknowledging to be indebted
to the mortgagee in the principal sum of P24,200.00, Philippine currency,
payable within FIVE (5) months or until January 19, 2020, with interest
thereon at three point five (3.5%) percent per month;

2. That, to guarantee the payment of said principal obligation and

other obligations arising thereunder, the mortgagor through the aforesaid
chattel mortgage, mortgaged in favor of the mortgagee the chattel listed and
described therein;

3. That said chattel mortgage was duly registered in the Office of the
Register of Deeds of Tacloban City on 10 January 2020;

4. That up to the date of this petition, the mortgagor has not paid the
mortgagee, despite three (3) demands for payment;

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 5. That for the interest due and payable, the mortgagor is liable to pay
the amount due of P31,053.25 as of January 2011.

6. That under paragraph 4 of the mortgage contract, the mortgagor

agreed that in case it shall become necessary to foreclose the mortgage, the
herein mortgagee may proceed extrajudicially in accordance with Act 3135,
as amended by Act 4118, availing itself of the special power of attorney
inserted therein with express power of sale, for the satisfaction of all
outstanding obligations, including attorney’s fees and liquidated damages in
a sum equivalent to 25% of the total obligations that may then be due and
remaining unpaid, but in no case to be less than P31,053.25;

7. That the herein mortgagee is not aware of any other person having
or claiming any right or interest in the mortgaged property subordinate to
that of the said mortgagee;

WHEREFORE, you are hereby requested to proceed, after due

publication in the manner provided by law, to sell the mortgaged property at
public auction for the satisfaction of all the outstanding obligations of the
mortgagor under the aforementioned mortgage in favor of the herein
mortgagee, including the fees that may be due to your office for such
services rendered.

GRACELLE MAE O. ORALLER

Counsel for the Mortgagee
123 Zamora St., Tacloban City
Roll No. 45678
IBP No. 22334
MCLE Compliance No. III-0006412; 09-24-09

VERIFICATION AND CERTIFICATION

OF NON-FORUM SHOPPING

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 I, JONA C. MAYOR, of legal age, Filipino, married and a resident of
Tacloban City, under oath state: THAT---

I am the officer-in-charge of herein plaintiff, Mahayahay Lending

Corporation, and duly authorized by a Board Resolution No. 003, Series of
2020 to represent the plaintiff corporation in the above-entitled case; that I
have caused the foregoing extrajudicial foreclosure application to be
prepared and filed; that I have read and fully understood all the allegations
therein contained; and that the same are all true and correct according to my
own personal knowledge and belief, and based on genuine and authentic
documents; and further,

I CERTIFY that plaintiff had not commenced any action against the
defendant for the same cause and over the same subject matter, nor is there
any case pending before the Supreme Court, Court of Appeals, court or any
agency or tribunal, judicial or administrative; that we undertake to inform
this Court of any action pending or otherwise over the same cause or subject
matter within five (5) days from date of knowledge.

IN WITNESS WHEREOF, I have hereunto set my hand this 10 June

2020 at Tacloban City, Philippines.

JONA C. MAYOR
Affiant

SUBSCRIBED AND SWORN to before me this 10th of June 2020 at

Tacloban City, by affiant who has satisfactorily proven his identity to me
through his CTC No. 09924671 issued on January 11, 2020 at Tacloban
City, that he is the same person who personally signed the foregoing
affidavit before me and acknowledged that he executed the same.

Doc. No. 12
Page No. 2
Book No. 60
SERIES OF 2020

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