REAL ESTATE MORTGAGE

KNOW ALL MEN BY THESE PRESENTS:

This MORTGAGE made and executed by

Jonathan Dela Cruz, Filipino, of legal age, married, and a resident of _ Brgy.
Baguer, Libongan, North Cotabato herein called the Mortgagor

-and-

Judith Villamora, Filipino, of legal age, single/married, and a resident of Blk 9,

Lot 15, Phase II, Kalapati St. DDF Subd, Mandug, MAASIN City herein called the
MORTGAGEE;

W I T N E S S E T H:

1. That as security for the payment of the loan in the principal sum of
Five Hundred Thousand Pesos (Php 500,000.00), and such other loans or advances
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 4 % per month, payable on the dates mentioned in the corresponding loan
agreement, the MORTGAGOR(s) by way of first mortgage, mortgages the
parcel(s) of land described hereunder, together with the improvements now
existing, or which may hereafter be made thereon, of which MORTGAGOR(s)
represents and warrants that MORTGAGOR(s) is/are absolute owner(s) and that
the said parcel of land is/are free from all liens and encumbrances. The
MORTGAGOR hereby transfer and convey by way of mortgage unto the
MORTGAGEE, their heirs, successors, executors, administrators or assigns the
following parcel of land covered by and described in Transfer Certificate of Title
No. 1234 issued by the Office of the Registry of Deeds of Kidapawan, North
Cotabato which title is attached hereto as Annex 1.

2. That if the obligations herein secure, or any of the amortization of such

indebtedness should be unpaid when due or upon non-compliance with any of the
conditions and stipulations herein agreed, or if the MORTGAGOR or the person
availing of the credit accommodations herein secured shall, during the time the
mortgage is in force, instituted solvency proceedings or be involuntarily declared
insolvent, or if the proceeds of this loan/credit line should be used or applied for
purposes other than those specified herein, or if this mortgage cannot be recorded
in the corresponding Registry of Deeds, then all the obligations secured by this
mortgage and all the amortization thereof shall immediately become due, payable
and defaulted and the MORTGAGEE may immediately foreclose this
extrajudicially in accordance with Act No. 3135, as amended, and for the purpose,
the Mortgagor hereby names, constitutes and appoints the Mortgagee as it’s
Attorney-in-Fact, to enable it to extrajudicially foreclose the herein Mortgage and
as well as to sign all documents and perform any act requisite and necessary to
accomplish said purpose and to appoint its substitutes as such attorney-in-fact with
the same powers as above-specified. In case of judicial foreclosure the
MORTGAGOR hereby consents to the appointment of the MORTGAGEE and/or
its duly authorized representative or of any of its designates as receiver, without
any bond, to take charge of the mortgage property at once, and to hold possession
of the same and the rents, benefits and profits derived from the mortgaged
property before the same, less the costs and expenses of the receivership; the
MORTGAGOR hereby agrees further that, in all cases, attorney’s fees is hereby
fixed at 25% of the total indebtedness then unpaid, which in no case shall not be
less than Php 5,000.00 exclusive of all cost and fees allowed by law, and the
expenses of collection shall be the obligation of the MORTGAGOR and shall with
priority, be paid to the MORTGAGEE out of any sums realized from the sale of
said property and this mortgage shall likewise stand as security therefor. It is
hereby agreed that the period or periods granted for the payment of the
amortization and/or obligations secured by this mortgage is for the mutual benefit
of both MORTGAGOR and the MORTGAGEE. The MORTGAGEE may be a
bidder at the sale of the properties hereby mortgage to it, whether under
foreclosure proceedings, or under the powers of sale herein provided, or
otherwise. The remedy of the MORTGAGEE under the powers of sale hereby
conferred upon it shall be, and is in addition to and cummulative with such right
of action as the MORTGAGEE may have in accordance with the present or any
future laws of the Philippines. It is hereby agreed that in the case of foreclosure of
this mortgage under Act No. 3135, the auction sale shall be held at the capital
province; and in case of judicial execution of this obligation or any part of it, the
debtor waive all their rights under the provisions of Rule 39 Section 12 of the
Rules of Court, Art. 232 of Republic Act No. 386, known as the Civil Code of the
Philippines, and the proper venue of the foreclosure suit thereto corresponding,
where the mortgage may institute the foreclosure suit is the Court of First Instance
now Regional Trial Court of MAASIN city or elsewhere at the election of said
MORTGAGEE;

3. It is of the essence of this contract that if the MORTGAGOR fails to

pay the principal obligation then this mortgage shall be foreclosed and the above-
mentioned property/ies shall be sold in accordance with law; but, if the
MORTGAGOR pay said obligation together with the interests, then this mortgage
shall become null and void and of no effect.

In Witness Whereof, we have hereunto set our hands this MAY 18, 2021 at
MAASIN City, Philippines.

Jonathan Dela Cruz Judith Villamora

Mortgagor Mortgagee

Signed In The Presence Of: ______________ & ________________

ACKNOWLEDGEMENT

Republic of the Philippines)

MAASIN City ) S.S
 BEFORE ME, a Notary Public for MAASIN City this 18 th day of MAY
2015 personally appeared:
ID Number
Lorena H. Camino SSS No. 000-111-222-
333
Judith C. Villamora SSS No. 222-333-444-555

All known to me and to me known to be the same persons who executed the
foregoing real estate mortgage and who acknowledged the same to be their free
voluntary act and deed, and that of the entities represented.

This document refers to a loan agreement which consists of three (3) pages
including this page on which this Acknowledgement is written, and duly signed by
the parties together with their instrumental witnesses on each and every page
hereof.

SUBSCRIBED AND SWORN to before me this 21st day of April, 2021 in the City of
Maasin, Province of Southern Leyte.

_______________________
ATTY. FRANCIS IAN D. NARIT
Notary Public, until12/31/21
PTR No. 12345,1/2/2021
IBP No. 13245
Doc No.
Page No.
Book No. Series of 2021