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DEED OF REAL ESTATE MORTGAGE

KNOW ALL MEN BY THESE PRESENTS:

This Deed, is made and executed this 19th day of December 2018 at Borongan
City, Eastern Samar, Philippines by and between:

CYNTHIA ABENALES ALEA, Filipino, of legal age, married


and with residence and postal address at Brgy. Campesao,
Borongan City, Eastern Samar, hereinafter referred to as the
MORTGAGOR;

-AND-

NESTOR C. TABIO, Filipino, of legal age, married and with


residence and postal address at Brgy. C, Borongan City,
Eastern Samar, hereinafter referred to as the
MORTGAGEE.

-WITNESSETH-

WHEREAS the MORTGAGOR is the absolute and registered owner of a


PORTION of land together with all the improvements thereon situated at Brgy.
Campesao, Borongan City, Eastern Samar, and which is more particularly described as
follows:

“A PORTION of a real property located at Brgy. Cmapesao,


Borongan City, Eastern Samar, the whole of which is
covered by ARP No. 08-024-00955, Survey No. 660, Lot
No. 013, Block No. 016, declared in the name of
BALAGABIS AGUSTIN & JAIME, such PORTION
containing an AREA of EIGHTY-EIGHT AND 50/100
(88.50) SQUARE METERS, more or less, and the whole of
which is bounded as follows: On the North by 003-Cidro,
Severina; South by 014-Balagbis, Patrocenio; East by 012-
Caranzo, Jaime; On the West by 020-School Site.”

WHEREAS the MORTGAGOR has acquired the ownership of afore-described


real property by way of Extra-Judicial Settlement of Estate with Sale of Real Property
notarized before Notary Public Atty. Charles Culo with Doc. No. 135; Page No. 28; Book
No. IX; Series of 2018 dated November 29, 2018 and attached herein as ANNEX A;

THAT FOR AND IN CONSIDERATION of the sum of THIRTY THOUSAND


PESOS, Philippine Currency, which the MORTGAGOR received from the MORTGAGEE
by way of loan, to the MORTGAGOR’S complete and full satisfaction and in order to
secure payment of the same, said MORTGAGORS do hereby ASSIGN, TRANSFER
AND CONVEY by way of Mortgage unto the MORTGAGEE his heirs, assigns and
successors-in-interest above described property under the following terms and
conditions:

1. The term of this Mortgage shall be for a MONTHLY PERIOD starting from
December 19, 2018 to subsequent monthly periods therefrom with an
interest of TEN PERCENT (10%) a month, renewable upon mutual
agreement of both parties.

2. That upon full payment of the principal obligation including interests within the
monthly periods, this MORTGAGE shall be discharged and of no more force
and effect, the MORTGAGEE shall then execute a Deed of Cancellation of
this Mortgage;

3. That during the existence of this Mortgage, the MORTGAGOR do hereby


undertake not to assign, mortgage or otherwise encumber the subject
property in favor of any third person;

4. That in the event of any violation of any of the terms and conditions of this
Mortgage, the MORTGAGEE may foreclose the subject property even before
the expiry date of this Contract, judicially or extra-judicially and in either case,
the MORTGAGORS hereby bind themselves to pay the MORTGAGEE not
only the principal obligation and all accrued interests and charges, if any but
also the equivalent of TWENTY PERCENT (20%) of the total obligation due
to the MORTGAGEE as actual and liquidated damages plus the cost of
foreclosure proceeding, sheriff’s fees, publication fees, the same rules shall
be followed in any form of foreclosure of said property and in any event of
such foreclosure, the MORTGAGORS do hereby appoint the MORTGAGEE
as their Attorney-in-Fact to sell the property at public auction, the proceeds of
which shall be first applied to the payment of the loan and its interest.

IN WITNESS WHEREOF, the parties and their instrumental witnesses have signed
this Deed, this 19th day of December 2018 at Borongan City.

CYNTHIA ABENALES ALEA NESTOR C. TABIO


MORGAGOR MORTGAGEE

SIGNED IN THE PRESENCE OF:

ARLIE DANGARAN GUMIOS ____________________

ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES)


Borongan City ) S.S.

BEFORE ME, a Notary Public, for and in Borongan City this 19th day of Borongan
City, personally appeared CYNTHIA ABENALES ALEA and NESTOR C. TABIO,
showing me their identification cards as above-cited both made themselves known
to me to be the same persons who executed the foregoing Deed of Real estate
Mortgage and they acknowledged to me that the same is their free voluntary act and
deed, consisting of TWO (2) pages including  this page  wherein this Acknowledgment
is written, signed by the parties  and  their  instrumental witnesses on every  page
hereof.

WITNESS MY HAND AND SEAL.

Atty. FERNANDO L. TANGLAO, JR.


NOTARY PUBLIC
Commission Expires on December 31, 2019
Commission No. 02-01-2018-BR-2
Contact Nos.: 0966-228-0069
PTR Nos. 3553910/ January 4, 2018/ Borongan City
IBP No. 1037958/ CY 2018/ Eastern Samar
MCLE Complaince No. V-0021212
Roll No. 60002
Doc. No. ____
Page No. ____
Book No. ____
Series of 2018.

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