REAL ESTATE MORTGAGE

KNOW ALL MEN BY THESE PRESENT:

This MORTGAGE made and executed by, AMY C. AGAD, married to FABIO AGAD, both of legal
ages, Filipinos, and residing at King-king, Pantukan, Compostela Valley as MORTGAGOR/S in
favor YUSAY CREDIT & FINANCE CORPORATION, a corporation duly organized and existing by
virtue of the laws of the Republic of the Philippines, with principal office at Yusay Arcade,
Bacolod City, represented in the instance by its Branch Manager MR. ARMANDO B. GARCE JR.,
Filipino of legal age, married with address at Door 8 Asaje Bldg., San Pedro Street, Davao City
Philippines as MORTGAGEE.
WITNESSETH:
That as security for the payment of any loan or advances obtained by the mortgagor/s from the
mortgagee in the sum of TWO HUNDRED EIGHTY THOUSAND PESOS (P 280,000.00 ), Philippine
Currency, at the rate of 12%, twelve (6) months lump-sum, payable on the dates mentioned in
the corresponding promissory notes, the mortgagor/s hereby transfer/s and convey/s to the
mortgagee the parcels of land described in this contract, together with all the improvements
now existing or which may hereafter be made thereon, of which the mortgagor/s represent/s
and warrant/s that he is the absolute owner and that the same is free from all liens and
encumbrances.
LIST OF PROPERTIES
ORIGINAL CERTIFICATE OF TITLE
No. 2014000212
LOT & SURVEY NO. : 65-B, CSD-11-019970-D (PORTION OF LOT 65, CAD-277
EXT.)

LOCATION : KING-KING, PANTUKAN, COMPOSTELA VALLEY

BOUNDARIES : BOUNDED ON THE NORTH, ALONG LINE 4-1 BY LOT 65-

A, CSD-11-019970-D; ON THE EAST, ALONG LINE 1-2 BY
LOT 63, CAD-277 EXT; ON THE SOUTH, ALONG LINE 2-3
BY LOT 64, CAD-277 EXT.; ON THE WEST, ALONG LINE
3-4 BY ROAD.

TIE LINE : BEGINNING FROM POINT MARKED “1” ON PLAN, BEING

N.68 DEG. 01’ W. 1,426.24 M. FROM BLLM NO. 1, CAD-
277 EXT.
T H E N C E
1-2 S. 02 DEG. 32’ W., 10.06 M.
2-3 N. 87 DEG. 39’ W., 30.79 M.
3-4 N. 02 DEG. 13’ E., 10.16 M.
4-1 S. 87 DEG. 29’ E., 30.85 M.

AREA : THREE HUNDRED ELEVEN (311) SQUARE METERS, MORE

OR LESS.

CORNER DESCRIPTION : ALL CORNERS ARE “PS” CYL. CONC. MONS. 15 X 50

CMS.

That upon the breach of any condition or stipulation of this mortgage or upon the
cancellation of this mortgage for causes of whatever nature attributable to the mortgagor, or
to persons representing or acting for the mortgagor, the mortgagee or his lawful representative
is hereby appointed attorney-in-fact of the mortgagor with full powers and authority,
with the use of force if necessary, to take actual possession of the mortgaged property/ies,
without the necessity of any judicial order or any other permission or power to remove,
sell, or dispose of the mortgaged property/ies or any building or improvements in, on or
attached to, said land and belonging to the mortgagor/s; enforce extra-judicial foreclosure or
any other legal action that may be deemed necessary; to lease any of the mortgaged
property/ies and collect rents therefore to execute bills of sale, lease, or agreement that may
be deemed convenient, to make and pay repairs on improvements on the mortgage
property/ies, and perform any other act the mortgagee may deem convenient for the proper
administration of the mortgaged properties. The payment of any expenses advanced by the
mortgagee in connection with the purposes herein indicated is hereby guaranteed by this
mortgage. Any amount received from the sale, disposal, or administration herein mentioned
may be applied by the mortgagee to payment of repair, improvements, taxes and assessments,
and other incidental expenses and obligations, and to the payment of the original indebtedness
and interest thereon. The power herein granted shall not be revoked during the life of this
mortgage, and all acts that may be executed by the mortgaged by virtue of that power are
hereby ratified.

That the mortgagors shall pay the notarial and documentary stamps necessary for this
transaction and the fees for the registration of this document and other instruments related
therewith; that the mortgagor shall pay in time the taxes and assessments on the mortgaged
properties, reporting, to the mortgagee that fact such payment on the dates in which they
were affected.
That upon default of payment of any one instalment due, all the other instalments shall
become due and payable together with all interest that has accrued. Interest rate of two
percent (2%) per month plus penalty at the rate of three percent (3%) per month will also be
charged on all amounts due.
That the mortgagor shall give additional securities which may be required from time to
time by the mortgagee when, in the judgement of the latter, the securities already given are
insufficient and said mortgagor shall permit the mortgagee, by itself or by representative, to
inspect the mortgaged properties to ascertain the condition of said properties and their actual
value in the market.
That, should the mortgagee become involved in any litigation of litigations which may
have relation with any or all of the properties mortgaged by virtue of this instrument, all the
expenses of the mortgagee in such litigation or litigations, including a reasonable amount for
attorney's fees shall be paid by the mortgagor, and this mortgage shall stand as security
therefore.

That all correspondence relative to this mortgage, including demand letters,

summonses, subpoena, or notification of any judicial or extra-judicial action shall be sent to
the mortgagor at the address given in the application or at the address that may thereafter be
given in writing by the mortgagor to the mortgagee. The mere act of sending any
correspondence by mail or by personal delivery to said address shall be sufficient, valid, and
effective notice to the mortgagor for all legal purposes, and the fact that any communication is
not actually received by the mortgagor or that it has been returned unclaimed to the
mortgagee, or that no person was found at the given or that the address is fictitious or cannot
be located, shall not excuse or relieve the mortgagor from the effects of such notice.
That if the mortgage cannot be recorded or registered in the corresponding registry of
deeds, the obligations herein secured shall immediately become due, payable and defaulted.

That in case of judicial execution of this obligation or any part of it, the debtor waives
all his rights under the provisions of Section 12 of Rule 39 of the Rules of Courts regarding
properties exempts from execution and that attorney’s fees equivalent to 25% of the total
indebtedness shall be collected exclusive of cost and fees allowed by law.
Should the property/ies mortgaged or any part therefore be expropriated by the
national, provincial or municipal government or any other any entity or person vested with the
right of eminent domain, all money paid or which may become payable on account or in
consideration of the expropriation of the property/ies herein mortgaged, and/or any real or
personal property which maybe given in exchange for the property so expropriated, shall be
immediately delivered to the MORTGAGEE , from whom the MORTGAGOR hereby expressly
authorizes to collect said money or received such penalty directly from the expropriator
crediting the MORTGAGOR only with the cash received, effective on the day the MORTGAGEE
actually receives the same and reserve the property received in exchange for its expropriation
for such further action as may be necessary to convert them into cash and apply the same to
the account of the MORTGAGOR. The MORTGAGOR further binds himself not to agree with
expropriator upon any purchase price or any other consideration for the property so
expropriated without the written consent of the MORTGAGEE.
Should the MORTGAGEE incur any expense of whatever kind of nature including
attorney’s fees, in maintaining or defending its rights under this contract, whether judicially or
extra-judicially, whether against or with the MORTGAGOR or any third person, and whether as
plaintiff, defendant, intervenor or otherwise the same shall be charged to the MORTGAGOR and
automatically added to original amount of the loan, to bear interest at the rate of 12% per
annum.
 That in case of foreclosure of this mortgage under Act no. 3135 as amended by Act No.
4118, the auction sale shall be held at the Hall of Justice Tagum City.

This mortgage shall also be stand as security for any and all other obligations of the
MORTGAGOR to the MORTGAGEE of whatever kind of nature, even in excess of the amount
appearing in this contract or annotated in the title, whether such obligation have been
contracted before, during or after the constitution of mortgage. However, if the MORTGAGOR
shall pay to the MORTGAGEE its successors or assigns, the obligations secured by this mortgage,
together with interest, costs and expenses, on or before the date as appearing in the
promissory note, and shall keep and perform all the covenants and agreements herein
contained for the MORTGAGOR to keep and perform, then this mortgage shall be null and void,
otherwise, it shall be subject to foreclosure proceedings in accordance with the law in force
and effects.

With full knowledge of the above stipulations, I hereby affix my signature or thumb-
mark on this document in Davao City, Philippines, this ____ day of February, 2020.

ARMANDO B. GARCE JR. AMY C. AGAD

MORTGAGEE MORTGAGOR/S

FABIO L. AGAD JR.

Marital Consent

SIGNED IN THE PRESENCE OF:

FLORA MAY G. CATADMAN KARREN MAE F. OCTAVIO

AFFIDAVIT OF GOOD FAITH

We jointly swear that the foregoing mortgage is made for the purpose of securing the
obligation specified in the conditions thereof, and the same is a just and valid obligation, and
not one entered into for purposes of fraud.

YUSAY CREDIT & FINANCE CORPORATION

Mortgagee
By:

ARMANDO B. GARCE JR AMY C. AGAD

Branch Manager Mortgagor/s

FABIO L. AGAD JR.

Marital Consent
 ACKNOWLEDGEMENT

REPUBLIC OF THE PHILIPPINES)

CITY OF DAVAO ) S.S.
x- - - - - - - - - - - - - - - - - - x )

In the City of Davao, Philippines, this ___ day of February, 2020 personally appeared
before me the following:

Name Identification details

AMY C. AGAD SSS ID 06-1486014-4

FABIO L. AGAD JR. TIN ID 170-224-147
ARMANDO B. GARCE JR. SSS I.D No. 05-0433778-7

Known to me to be the same person/s who executed the foregoing instrument and
acknowledge to me that the same in his/her free act and voluntary deed. This instrument
refers to the mortgage of ONE(1) Parcel/s land described on the face hereof consisting of
two (3) pages including this page on which this acknowledgement is written and signed
on each and every page by the mortgagor(s) and his/their instrumental witnesses and sealed
with my notarial seal.

Doc. No. ____________;

Page No. ____________;
Book No. ____________;
Series of 20 __________;