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REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT


10
th
Judicial Region
Office of the Clerk of Court & Ex- Officio Sheriff
Malaybalay City


_________________________________ FILE NO.:
Petitioner- Mortgagee, Extra- Judicial Foreclosure of Real Estate
Mortgage under Act No. 3135
-Versus-
_________________
Mortgagor/s
--------------------------------------------------------/



PETITION FOR EXTRA-JUDICIAL FORECLOSURE OF REAL ESTATE MORTGAGE


THE SHERIFF
Malaybalay City


Greetings:


We hereby deliver to you as Annex A the attached photocopy of the Real Estate
Mortgage dated June 21, 2013 which was executed by ___________, Filipino citizen of legal
age, widow and a resident of Impalambong, Malaybalay City, Bukidnon in favor of former Asian
Hills Bank Inc. now ________________., a Corporation duly organize and existing under and by
virtue of the Philippine laws with the principal and branch office at Malaybalay City, Bukidnon,
as MORTAGEE, over parcels of land, together with all the improvements existing thereon, more
particularly described as follows:

TRANSFER CERTIFICATE OF TITLE NO. T-84630

Lot No. 2158, Pls-800

A Parcel of land (Lot No. 2158, Pls-800, situated in the Barrio of Natid-asan, Municipality of
Malaybalay, Province of Bukidnon, Island of Mindanao. Bounded on the N., along lines 1-2-, by
Lots 2156 and Lots 2157; On the E., along line 304, by Lot 2159; on the S., along line 4-5, by
Reforestation Administration; and on the W., along line 5-1, by Lot 2155, all of Pls-800,
containing an area of THIRTY THREE THOUSAND TWO HUNDRED (33,200) SQUARE METERS,
more or less, registered in the name of Mortgagor and declared for Taxation purposes under
Tax Declaration No. E-038642 including its existing and future improvements found and maybe
introduced thereon;

To secure the payment of the indebtedness and/or obligation/s of the MORTGAGOR/S.

We hereby request you to foreclose the said Real Estate Mortgage [Annex A] hereof,
and in support thereof, we state the following;


1. The terms and conditions of Real Estate Mortgage [Annex A] has never been changed
or modified, whether tacitly or expressly, by any agreement made after the execution
thereof;
2. The principal obligation secured by said mortgage which has become overdue as of
December 24, 2013 has remained unpaid up to the present despite repeated demands
in violation of the terms of the mortgage deed;
3. The Mortgagor has not executed a second or subsequent mortgage over the
mortgaged property and the improvement thereon with the knowledge and consent of
the Mortgagee;
4. To the best of our knowledge, the Mortgaged property is subject to no prior mortgage
or any lien whatsoever, and is now in the possession and full control of the above-
named Mortgagor;
5. Under the terms and conditions of the Real Estate Mortgage, the Mortgagee is entitled
to extra judicially foreclose the mortgaged property.
6. By the terms and conditions of the Real Estate Mortgage referred to above, the
principal obligation of the Mortgagor which has become overdue as of December 24,
2013 is in the amount of FIVE HUNDRED EIGHTY EIGHT THOUSAND SEVEN HUNDRED
FIFITY PESOS ONLY (P 588,750.00), inclusive of past due interest, penalty charge and
service charge but exclusive of Attorneys Fee representing 10% of the total obligation
due, other charges and expenses of foreclosure.

Also enclosed and made integral parts of this petition are:

a) Promissory Note as Annex B
b) Demand Letter dated February 13, 2014 as Annex C
c) Statement of Account as Annex D
d) Copy of Transfer Certificate of Titles No. T-84630 as Annex E


Wherefore, we hereby request that you sell at public auction the above-mentioned Real
Property together with all the improvements thereon, describe in the Real Estate Mortgage
[Annex A] in accordance with law, particularly the provision of Act No. 3135, as amended.


Please furnish us and the Mortgagor/s with copies of your Notice of Sale at least fifteen
(15) days before the date of sale.





Very truly yours,


________________________
Manager
Company









VERIFICATION/ CERTIFICATION


Republic of the Philippines )
City of Malaybalay ) S.S.

I, MA. CRISTINA B. BALINGIT, of legal age, under oath, depose and state that:

1.) I am the Branch Manager of D Asian Hills Bank, Inc.-Malaybalay Branch, Bukidnon,
petitioner-mortgagee herein;

2.) I caused the preparation and filling of the foregoing petition, and read and understood
the same;

3.) All the allegations therein contained are true and correct of my own knowledge and/ or
based on authentic records of this petition.

4.) I hereby certify that I have not commenced any other action or proceeding involving the
same issues in the Supreme Court, the Court of Appeals, or different Division thereof, or
before any other tribunal or agency, and to the best of my knowledge, no such action or
proceeding is pending in the Supreme Court, the Court Of Appeals or any Division
thereof before any other tribunal or agency.

5.) If I should learn that a similar action or proceeding has been filed or is pending before
the Supreme Court, the Court of Appeals or any other tribunal or agency, I undertake to
report that fact within five (5) days therefrom to the Court or agency wherein the
original pleading and sworn certification has been filed.


MA. CRISTINA B. BALINGIT


Affiant



SUBSCRIBE AND SWORN TO before me this day of __________ 2014 at Malaybalay City,
Philippines, affiant exhibiting to me her competent evidence of identity with Valid I.D no.
___________ issued by D Asian Hills Bank, Inc.