REAL ESTATE MORTGAGE AGREEMENT
KNOW ALL MEN BY THESE PRESENT:
This Real Estate Mortgage Agreement executed by and
between:
SPS. IRENE O. DE GUZMAN & TONY T. DE GUZMAN,
Filipino, of legal age, married and with address at B36 Lot 8
P1C San Lorenzo South Santa Rosa Laguna, hereafter called
the Debtor/Mortgagor;
-and-
JESERIE C. GOZO, Filipino, of legal age, married and a
resident of B3 L11 Ph 2 Centennial Homes Pulo Cabuyao
Laguna, hereafter called the Creditor/Mortgagee;
-with conformity of-
LENY DIA REYES, Filipino, of legal age, widow and a resident
of B12 LOT13 Villa Adelina 2 Pulo, Cabuyao City Laguna,
hereafter called the Guarantor.
WITNESSETH: That-
1. The Property.- The Property subject of this contract is a
parcel of land, more particularly described as follows:
TRANSFER CERTIFICATE OF TITLE NO. T-747667
Registry Of Deeds For Calamba City
“A parcel of land(Lot 3 Blk. 21, of the consolidation
subdivision plan, Pcs-04-019772, being a portion of the
consolidation of Lots 3 to 7, Blk. 2, 1 & 2, Blk. 3,6 to 13, Blk. 4,
1 to 14, Blk. 5, Road Lots 1 to 4, Pcs-04-016790, Lot 6 to 11,
Blk. 4, Road Lots 3,6 & 7, Pcs-04-014393, 3131-C-1 & 3131-C-
2, (LRC) Psd-104938, 1836-A-1 to 183-A-3, (LRC) Psd- 160382,
1836-B-4, Psd-043405-076024 & 1833-A, Fls-04-000457-D,
L.R.C. Rec. N.), situated in the Brgy. of Punta, City of Calamba,
Prov. of Laguna. Bounded on the SE., along line 1-2 by lot 4 on
the SW., along line 2-3 by Lot 39; on the NW., along line 3-4 by
Lot 2; all of Blk. 21; on the NE., along line 4-1 by Road Lot 98;
All of the cons. subd. subd. plan. Beginning at the point marked
“1” on plan being N. 74 deg. 43’E.,526.97 m. from B.B.M No.
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31, Calamba Cadatre. Thence S. 54 deg. 36’W., 12.00m. to pt.
2; N. 35 deg. 24’W., 10.00 m. to pt. 3; N. 54 Deg. 36’E., 12.00
m.to pt. 4; S. 35 deg. 24’E., 10.00m. to the point of beginning,
containing area of ONE HUNDRED TWENTY (120) SQUARE
METERS. All points referred to are indicated on plan and are
marked on the ground by P.S. cyl. conc. mons. 15 x 60 cm.;
bearings true; date of original survey; Aug. 25-Dec. 19, 2002.
and was approved on June 02, 2004.”
Herein collectively referred to as the Property.
2. The Loan.- Debtor/Mortgagor has obtained a loan from
the Mortgagee in the sum of TWO HUNDRED FIFTY
THOUSAND PESOS (Php 250,000.00) subject to the
terms and conditions hereunder prescribed, to wit:
2.1 The loan shall be PAYABLE AFTER SIX (6) MONTH
from the execution of this contract, as stated herein;
2.2 It shall bear interest at the rate of EIGHT PERCENT
(8%) per month payable every 5th day of the month
corresponding to the month for which interest is due.
2.3 The amounts due by way of interest payments and
the principal loan amount shall be paid in cash.
2.4 That the Parties agree that in case the
Debtor/Mortgagor is willing and capable to pay the
Principal amount at an earlier date before maturity, the
Creditor/Mortgagee agrees to accept the payment and
agrees to extinguish the obligation and this contract.
2.5 In relation to paragraph 2.4. The Creditor/Mortgagor
agrees that he/she will only be demanding interest up to
the date of payment of the whole amount, exempting
interest due there after.
3. The Mortgage.- For and in consideration of the loan
stated in paragraph 2 hereof and by way of a security
thereof, the Debtor/Mortgagor hereby constitutes a real
estate mortgage on the Property in favor of
Creditor/Mortgagee, under the following terms and
conditions:
3.1 The mortgage shall secure the payment of the loan,
together with the unpaid interest, if any.
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3.2 In case the maturity of the loan is extended, upon
mutual agreement in writing of the Parties, this mortgage
shall be a continuing security for the obligation/s of the
Debtor/Mortgagor to the Creditor/Mortgagee without the
necessity of executing a new contract of real estate
mortgage.
3.3 If the Debtor/Mortgagor shall well pay and/or comply
with all and every obligation under this Deed, then this
mortgage shall cease to have any force and effect.
4. Expenses.- Expenses for notarial fees shall be for the
account of the Debtor/Mortgagor. All other expenses for
the registration with the appropriate office/the Register of
Deeds shall be for the account of the Creditor/Mortgagee.
5. Guarantee- The guarantor in this contract assumes and
accepts that she will comply with all the responsibilities
and obligations of a Guarantor as provided for by the
New Civil Code of the Philippines and all related laws
thereto.
6. The parties agree that all court actions concerning this
Agreement shall be brought before the proper courts of
Calamba City, Province of Laguna to the exclusion of any
other venue.
7. If anyone or more of the provisions of this Agreement is
declared invalid or unenforceable, in any respect under
any applicable law, the validity, legality, or enforceability
of the remaining provisions contained herein shall not in
any way be affected or impaired.
IN WITNESS WHEREOF, I have hereunto set my hand this
____ day of April 2019, in Calamba City, Laguna,
Philippines.
Signed:
SPS. IRENE O. DE GUZMAN & TONY T. DE GUZMAN
(Mortgagor)
LENY DIA REYES
(Guarantor)
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JESERIE C. GOZO
(Mortgagee)
Signed in the presence of:
________________________ _______________________
ACKNOWLEDGMENT
REPUBLIC OF THE PHILIPPINES)
CALAMBA CITY, LAGUNA ) S.S
BEFORE ME this ____ day of April 2019, in
Calamba City, Laguna, Philippines, personally appeared :
NAME IDENTIFICATION I.D. NUMBER
IRENE O. DE DRIVER’S LICENSE D04-07-002733
GUZMAN
TONY T. DE PASSPORT P7150260A
GUZMAN
JESERIE CRUZ DRIVER’S LICENSE N03-09-017391
GOZO
LENY DIA REYES TIN I.D. 720-708-462-000
Presenting their competent evidence of identity, known to me
and to me known to be the same persons who executed the
foregoing Real Estate Mortgage Agreement and they
acknowledged to me that the same is their knowing, free and
voluntary act and deed.
This document relates to the mortgage of a parcel of land
registered under TCT No. T-747667 of the Registry of Deeds
for Calamba City and consists of four (4) pages, including this
page, each of which had been signed by the Parties and their
instrumental witnesses.
WITNESS my signature and notarial seal this ___th day of
April 2019. Calamba City Laguna.
NOTARY PUBLIC
Doc No. ;
Page No. ;
Book No. ;
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Series of 2019.
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