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REAL ESTATE MORTGAGE

KNOW ALL MEN BY THESE PRESENTS:

This REAL ESTATE MORTGAGE, made and entered into by and between:

GLOVER RAIS B. SUMAIL, single, of legal age, Filipino citizen, with residence and postal
address in #96 Imelda Village, Baguio City, hereinafter referred to as the MORTGAGOR;

-and-

LUTHER JAMES P. DULAGAN, married to Sheryl D. Dulagan, of legal age, Filipino citizen and
with residence and postal address at #101 Burgundy Lane, Lower Fairview, Baguio City, hereinafter
referred to as the MORTGAGEE;

W I T N E S S E T H:

That the MORTGAGOR is indebted to the MORTGAGEE in the amount of FIVE HUNDRED
THOUSAND PESOS (Php500,000.00), Philippine currency, with five percent (5%) monthly
interest payable within a period of SIX (6) MONTHS from and after the execution of this document
or up to September 19, 2011;

That for and in consideration of the aforementioned debt of the herein MORTGAGOR in the
sum of FIVE HUNDRED THOUSAND PESOS (Php500,000.00), Philippine currency, obtained from
the MORTGAGEE, and to secure the payment of the same and those others that the MORTGAGEE
may extend to the MORTGAGOR, including interest and expenses, and other obligations owing by
the MORTGAGOR to the MORTGAGEE, whether direct or indirect, principal or secondary, the
MORTGAGOR do hereby transfer and convey by way of REAL ESTATE MORTGAGE unto the
MORTGAGEE, her successors and assigns, that PARCEL OF REGISTERED LAND located along 26-B
Trancoville, Baguio City which is more particularly described as follows, to wit:

TRANSFER CERTIFICATE OF TITLE


TECHNICAL DESCRIPTION

A parcel of Land (Lot 5, Blk. 11, Psd-1-014521, being a portion of Lot 19, II-
11894, L.R.C. Rec. No. ___), situated in the Bo. Trancoville, City of Baguio, Island
of Luzon. Bounded on the SE., along line 6-1-2 by Lot 4, Blk. 11, on the SW., along
line 2-3 by Alley Lot 5, on the NW., along line 3-4 by Lot 5, Blk. 11, on the NE.,
along line 4-5-6 by Drainage I Lot 6, all of the Psd-1-014521. Beginning at a
point marked “1” of Lot 5 Blk. 11, on plan being S. 4 deg. 13’W., 797.98 m. from
B.L. No. 7, Baguio Townsite, thence:

S. 86 deg. 16’W., 5.40 m. to point 2;


N. 51 deg. 24’W., 2.98 m. to point 3;
N. 3 deg. 44’W., 9.70 m. to point 4;

S. 83 deg. 29’E., 4.48 m. to point 5;


S. 51 deg. 08’E., 11.06 m. to point 6;
S. 51 deg. 41’W., 6.02 m. to point of beginning,

containing an area of ONE HUNDRED (100) SQUARE METERS, more or less. All
points referred to are indicated on the plan and are marked on the grounds as PS
cyl. Conc. Mons. 15 x 60 cms., except, bearings true, date of original survey on
July 8-August 1916 date of subdivision survey on August 23, 1987 – July 15, 1988,
executed by Engr. Hans Montenegro and approved on Nov. 14, 1988.

Including the residential house erected therein covered by ARP No. 2009-59-041-56231 of the
records of the Assessor’s Office of Baguio City.

Of which parcel of land, the MORTGAGOR is the absolute owner and present possessor as
evidenced by TCT NO. T-89562 of the records of Register of Deeds of Baguio City, under Assessment
of Real Property ARP No. 2009-59-041-56231 (land) and (ARP) No. 2009-05-14-59684 (building)
of the records of the City Assessor’s Office and Register of Deeds of Baguio City, free from all liens
and encumbrances.

In case the MORTGAGOR executes subsequent promissory note or notes either as a renewal of
the former note, as an extension thereof, or as a new loan, this mortgage shall also stand as security
for the payment of the said promissory note or notes and/or accommodations as if they were
existing on the date thereof.

This mortgage shall also stand as security for said obligations and all other obligations of the
MORTGAGOR to the MORTGAGEE of whatever kind and nature whether such obligations have been
contracted before, during or after the constitution of this mortgage.

However, if the MORTGAGOR shall pay the MORTGAGEE, his successors or assigns, the
obligations secured by this mortgage, together with the interest, cost and other expenses, on or
before the date they are due, and shall keep and perform, then this mortgage shall be null and void,
otherwise, it shall remain in full force and effect;

This Mortgage is constituted subjected to the following conditions:

a. Should the MORTGAGEE becomes involved in any litigation which may have relation with
any or all of the properties mortgaged by virtue of this instrument, all expenses of the MORTGAGEE
in such litigation, including a reasonable amount of attorney’s fee to be determined by the
MORTGAGEE, shall be paid by the MORTGAGOR and this mortgage shall stand as security thereof,
and in the event of such litigation, any and all obligations of the MORTGAGOR shall likewise become
immediately due, payable and defaulted;

b. The MORTGAGOR shall not make any alteration upon or demolish any building or
buildings herein mortgaged or encumber the same, without the prior written consent of the
MORTGAGEE;

c. The MORTGAGEE may be a bidder at the sale of the mortgaged properties under
foreclosure proceedings;

d. The MORTGAGOR shall execute such other documents as may be required by the
MORTGAGEE in connection with the loans secured by this mortgage contract subject to the mutual
agreement of both parties;

e. That should the MORTGAGOR duly pay or cause to be paid unto the MORTGAGEE and the
latter’s heirs and assigns, his total indebtedness of FIVE HUNDRED THOUSAND PESOS
(Php500,000.00), Philippine currency including its FIVE PERCENT (5%) monthly interest on or
before September 19, 2011, then this mortgage shall thereby be discharged and rendered of no
force and effect. Otherwise, the MORTGAGOR does hereby agree that said LUTHER JAMES P.
DULAGAN, may enforce his rights herein without judicial proceedings by causing the above-
described real property to be sold at public auction in Baguio City where the property is situated in
accordance with Act No. 3135, as amended by Act No. 4118;

f. That effective upon the breach of any condition or stipulation of this mortgage, the
MORTGAGEE is hereby appointed by the MORTGAGOR as his attorney-in-fact to sell or dispose of
said property according to Act No. 3135, as amended by Act No. 4118;

g. That should the MORTGAGOR fails to pay his debt of FIVE HUNDRED THOUSAND PESOS
(Php500,000.00), Philippine currency including its FIVE PERCENT (5%) monthly interest, on the
19th day of September 2011, said MORTGAGOR does hereby agree to pay a penalty of 1% thereof per
month of delay effective on September 19, 2011;

h. That should the MORTGAGOR pay his debt before the 19 th day of September 2011, he will
only pay the principal amount of FIVE HUNDRED THOUSAND PESOS (Php500,000.00),
Philippine Currency plus accrued interests as of the date of payment; and
i. That the parties hereto agreed to record this instrument under Act No. 496, as amended
and likewise under Act No. 3344.

IN WITNESS WHEREOF, the parties have hereunto set their hands in Baguio City, Philippines,
on this 19th day of March 2011.

GLOVER RAIS B. SUMAIL LUTHER JAMES P. DULAGAN


Mortgagor Mortgagee

SIGNED IN THE PRESENCE OF:

MARIA CRISTINA P. UMANITO MA. TILDE TITINA T. WACQUISAN

ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES }


DONE: IN THE CITY OF BAGUIO } S.S.
X ======================= X

BEFORE ME, a Notary Public in and for the City of Baguio, this 19 th day of March 2011,
personally appeared GLOVER RAIS B. SUMAIL and LUTHER JAMES P. DULAGAN, who have
satisfactorily proven to me their identities through:

MARIA CRISTINA P. UMANITO with Taxpayer Identification Number 333-888-999-000


MA. TILDE TITINA T. WACQUISAN, with Taxpayer Identification Number 786-678-321-000

both of whom personally know the parties, that they are the same persons who executed and
voluntarily signed the foregoing Real Estate Mortgage which they acknowledged before me as their
free and voluntary acts and deeds.

This instrument consisting of THREE (3) pages, including the page on which this
acknowledgment is written has been signed on the left margin of each and every page thereof by
the parties and their witnesses.

WITNESS MY HAND AND SEAL.

LIYA ORTEGA-RODRIGUEZ
Notary Public
Until December 31, 2012
Doc. No. __ 45_; PTR No. 050183/Baguio City/01-11-11
Page No. _9___; Roll of Atty. No. 8121983
Book No. I ; IBP Lifetime Membership No. 9031984
Series of 2011. Baguio-Benguet