LOAN AGREEMENT WITH
REAL ESTATE MORTGAGE
KNOW ALL MEN BY THESE PRESENTS:
This Agreement entered into by and between:
ALLIEMAR T. TALHA, of legal age, Filipino, single and with
residence address at Blk 42, Lot 17, Jovil 3, Village, Brgy. San Isidro,
Rodriguez, Rizal, (hereinafter referred to as the “FIRST PARTY”)
-AND-
ANGELINE LONTOC, of legal age, Filipino, single and with
residence address at Brgy. San Isidro, Montalban, Rizal (hereinafter
referred to as the “SECOND PARTY”).
WITNESSETH; That ⸺
THE LOAN
1. Upon the request of the SECOND PARTY, the FIRST PARTY had
extended a loan to the SECOND PARTY in the principal sum of PESOS:
THIRTY THOUSAND PESOS (P30,000.00.) (the “LOAN”), the full
amount of which is acknowledged to have been received by the SECOND
PARTY on 07 September 2021. The SECOND PARTY promises to repay
the full amount of LOAN to the FIRST PARTY on 30 December 2021 and
the interest rate agreed upon.
REAL ESTATE MORTGAGE
2. As security for the repayment of the LOAN and the interest
thereon, and the due faithful performance by the SECOND PARTY of her
obligations under this Agreement, the SECOND PARTY hereby transfers
and conveys by way of first real estate mortgage in favor of the FIRST
PARTY, her rights over the house and lot located at Blk 43, Lot 24, Jovil 3
Village, Brgy. San Isidro, Rodriguez, Rizal.
3. The SECOND PARTY during the life of this Mortgage shall not
sell, mortgage, encumber, or otherwise dispose of the PROPERTY without
the consent of the FIRST PARTY being first obtained.
4. If the SECOND PARTY shall fail to comply with any of the terms
and conditions of the Agreement, the PROPERTY shall be delivered on
demand, to the FIRST PARTY, and the FIRST PARTY shall have the right
to immediately foreclose this mortgage, judicially or extra-judicially under
Act 3135, as amended. In addition to its remedies herein or elsewhere
under the law, the FIRST PARTY of its lawful representative is hereby
appointed as the Attorney-in-Fact of the SECOND PARTY with full power
and authority to take actual possession of the PROPERTY without the need
of any judicial order, and to remove, sell or dispose of the same; make any
and pay for the repairs and perform any other act which the FIRST PARTY
may deem convenient to maintain and preserve the PROPERTY and all
expenses incurred/advanced by the FIRST PARTY shall be charged
against the SECOND PARTY and likewise secured by this mortgage. The
SECOND PARTY waives all the rights under the provisions of Rule 39,
Section 12 of the Rules of Court.
5. 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.
6. The parties agree that all actions under this Agreement shall be
brought before the proper courts of Manila or Quezon City, each party
waiving any other venue.
7. The condition of this Mortgage is that if the SECOND PARTY, her
heirs, executors or administrators shall well and truly perform the full
obligations herein, then this Mortgage shall be null and void, otherwise it
shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be executed on the date and at the place first above set forth.
By:
ALLIEMAR T. TALHA ANGELINE LONTOC
(FIRST PARTY) (SECOND PARTY)
SIGNED IN THE PRESENCE OF:
_____________________________ _____________________________
ARNOLD BORJA REYNALDO PALMONES
2
___________________________
JULIUS SOLOMON
AFFIDAVIT OF GOOD FAITH
We severally swear that the foregoing Mortgage is made for the
purpose of securing the LOAN specified and defined in this instrument
and for no other purpose; that the LOAN is a just and valid obligation; and
that this Mortgage is not entered into for the purpose of fraud.
ANGELINE LONTOC ALLIEMAR T. TALHA
(MORTGAGOR) (MORTGAGEE)
ACKNOWLEDGEMENT AND CERTIFICATE OF OATH
REPUBLIC OF THE PHILIPPINES)
______________________________ ) S.S.
BEFORE ME this day personally appeared:
NAME ID NO. PLACE AND DATE ISSUED
ANGELINE LONTOC
ALLIEMAR T. TALHA
to me known and known to me to be the same persons who signed and
executed the foregoing Agreement and each acknowledged to me that the
same as their free and voluntary act and deed and that of the entity
represented, if any, for the uses and purposes therein set forth. The
aforesaid persons likewise made oath as to the truth of the Affidavit of
Good Faith.
I further certify that said document consists of four (4) pages
including this acknowledgment page, and signed by the above named
parties.
IN WITNESS WHEREOF, I have hereunto affixed my signature and
notarial seal in _____________________, this _________________________.
Doc. No. ____;
3
Page No. ____;
Book No. ____;
Series of 2022.
