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CHATTEL MORTGAGE

KNOW ALL MEN BY THESE PRESENTS:


I, Nathallie H. Cabaluna , of legal age, single with postal address
at Villa Zacate, Basak Pardo, Cebu City hereinafter known as the
MORTGAGOR;
-andLiezel Gail F. Maglinte, of legal age, single, with postal address at Sitio
Avocado, Mambaling, Cebu City hereinafter known as the MORTGAGEE,
WITNESSETH; That:
That the MORTGAGOR is indebted unto the MORTGAGEE in the
sum of Fifty Thousand (P50, 000.00), Philippine Currency, receipt of which
is acknowledged by the MORTGAGOR upon the signing of this
instrument, payable within a period of 3 years, with interest thereon at the
rate of twelve percent (12%) per annum;
That for, and consideration of , this indebtedness, and to assure the
performance of said obligation to pay, the MORTGAGOR hereby conveys
by way of CHATTEL MORTGAGE unto the MORTGAGEE, his heirs
and assigns, the following personality now in the possession of said
MORTGAGOR
MAKE
PLATE NO.
MOTOR NO.
YEAR MODEL

: CB125CL
: GHZ 143
: 125cc
: 2013

That the condition of this obligation is that should the MORTGAGOR


perform the obligation to pay the hereinabove cited indebtedness of
(Amount in Words) (000,000.00) together with accrued interest thereon, this
chattel mortgage shall at once become null and void and of no effect
whatsoever, otherwise, it shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have hereunto set their
hands, this 10th day of March 2016 at Pardo, Cebu City, Philippines.

Nathallie H. Cabaluna
MORTGAGOR

Liezel Gail F. Maglinte


MORTGAGEE

SIGNED IN THE PRESENCE OF:

_______________________________

_______________________________

KRIS ANNE A. SINGSON

JANE BELLE T. MONTES

ACKNOWLEDGEMENT

Republic of the Philippines)


City of Cebu ) S.S
BEFORE ME, personally appeared:
Name
Nathallie H. Cabaluna
Liezel Gail F. Maglinte

TIN

Date/Place Issued

123-456-789
987-654-321

Apr. 05, 2015 / Cebu City


Oct. 27, 2016 / Cebu City

Known to me and to me known to be the same persons who executed the


foregoing instrument and acknowledged to me that the same is their free
and voluntary act and deed.
This instrument, consisting of 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 concerned parties and their witnesses, and sealed
with my notarial seal.

WITNESS MY HAND AND SEAL, on the date and place first above written.

Notary Public
Doc. No. 15;
Page No. 15;
Book No. 15;
Series of 2015.

AFFIDAVIT OF GOOD FAITH


We, the undersigned MORTGAGOR AND MORTGAGEE hereby
jointly and severally swear that we executed the foregoing Chattel Mortgage
in order to secure the indebtedness therein and for no other purpose or
purposes contrary to law.

Nathallie H. Cabaluna

Liezel Gail F. Maglinte

MORTGAGOR

MORTGAGEE

REAL ESTATE MORTGAGE


KNOW ALL MEN BY THESE PRESENTS:
I, Nathallie H. Cabaluna, of legal age, single, and a resident of Villa
Zacate, Basak Pardo, Cebu City, Philippines (hereinafter known as the
MORTGAGOR);
-andJane Belle T. Montes, of legal age, single, and a resident of Alumnos,
Mambaling, Cebu City (hereinafter known as the MORTGAGEE);
WITNESSETH; That:
The MORTGAGOR is indebted unto the MORTGAGEE in the sum of
Three Million Five Hundred Thousand Twenty-Two (P3, 500, 022.00),
Philippine Currency, receipt of which is acknowledge by the MORTGAGOR
upon the signing of this instrument, payable to the order of the
MORTGAGEE within a period of 15 years.
NOW, THEREFORE, for and consideration of the aforementioned
indebtedness, and to assure the performance of said obligation to pay, the
MORTGAGOR does hereby convey and DELIVER by way of MORTGAGE
unto the MORTGAGEE, her heirs, successors and assignees, the following
parcel of land, together with all the improvements found and standing
thereon, more particularly describe as follows:
A PARCEL OF LAND Lot 3 Blk 35 of consolidation subdivision plan
(LRC) Psd-52632, bein a portion of the consolidation of Lots A and 5964 B
(LRC), Lot 7, Psd-1234567, Lot 9, Psd-150829, LRC Rec. Nos. N-27024,
51768, N-11782, N-13466 and 21701 situated in Sabang, Danao City,

Province of Cebu. Bounded on Ne., point 3 to 1 by Road Lot 25, onto the
point of beginning; containing an area of (550) square meters more or less.
WHERFORE, That this Real Estate Mortgage shall be discharged and
shall at once become null and void and of no effect whatsoever, otherwise, it
shall subsist and remain in full force and effect and be subject to
foreclosure in the manner and form prescribed by law.
IN WITNESS WHEREOF, we have hereunto set their hands, this 10th
day of March 2016 at Pardo, Cebu City, Philippines.

Nathallie H. Cabaluna
MORTGAGOR

Jane Belle T. Montes


MORTGAGEE

SIGNED IN THE PRESENCE OF:

_______________________________

_______________________________

KRIS ANNE A. SINGSON

LIEZEL GAIL F. MAGLINTE

ACKNOWLEDGEMENT

Republic of the Philippines)


City of Cebu ) S.S
BEFORE ME, personally appeared:
Name
Nathallie H. Cabaluna
Jane Belle T. Montes

TIN
123-456-789
987-654-321

Date/Place Issued
Apr. 05, 2015 / Cebu City
Oct. 27, 2016 / Cebu City

Known to me and to me known to be the same persons who executed the


foregoing instrument and acknowledged to me that the same is their free
and voluntary act and deed.
This instrument, consisting of 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 concerned parties and their witnesses, and sealed
with my notarial seal.

WITNESS MY HAND AND SEAL, on the date and place first above written.

Notary Public
Doc. No. 15;
Page No. 15;
Book No. 15;
Series of 2015.

AFFIDAVIT OF GOOD FAITH


We, the undersigned MORTGAGOR AND MORTGAGEE hereby jointly and
severally swear that we executed the foregoing Real Estate Mortgage in
order to secure the indebtedness therein and for no other purpose or
purposes contrary to law.

Nathallie H. Cabaluna

Liezel Gail F. Maglinte

MORTGAGOR

MORTGAGEE

GENERAL POWER OF ATTORNEY

KNOW ALL MEN THESE PRESENTS:


I, Nathallie Cabaluna, of legal age, single, Filipino, a resident of Villa
Zacate, Basak Pardo, Cebu City, do hereby name, constitute, and appoint
Kris Anne A. Singson, to be my true and lawful agent, for me and in my
name, place, and stead, to do and perform the following acts and things to
wit:
To ask, demand, collect any and all sums of money, sue to recover
debts, dues, accounts, dividends, legacies, bequests, interests, and other
things of value of whatever nature or kind as may now be or may hereafter

become due owing, payable or belonging to me, and to have, sue, and to take
any all lawful ways and means for the recovery thereof by suit, attachment,
compromise or otherwise;
To make, sign, execute, and deliver contracts, agreements, documents
and other writings of whatever nature or kind, with any and all third
persons, entities or concerns, upon terms and conditions acceptable to my
said attorney;
To delegate in whole or in part any all of the powers herein granted or
conferred, by means of an instrument in writing, favor of any third persons
whom my said attorney may select;
HEREBY GIVING AND GRANTING unto my said attorney full power
and authority whatsoever requisite or necessary or proper to be done in and
about the premises as fully to all intents and purposes as I might and could
lawfully do if personally present, with power of substitution and revocation,
and hereby, ratifying and confirming all that my said attorney or his
substitute shall lawfully do or cause to be done under and by virtue of these
presents.
IN WITNESS WHEREOF, We have hereunto affixed our signatures
this 10th day of March, 2016 in Labangon, Cebu City, Philippines.

Nathallie H. Cabaluna

Kris Anne A. Singson

PRINCIPAL

AGENT

SIGNED IN THE PRESENCE OF:

_______________________________
JANE BELLE T. MONTES

_______________________________
LIEZEL GAIL F. MAGLINT

ACKNOWLEDGEMENT

Republic of the Philippines)


City of Cebu ) S.S
BEFORE ME, personally appeared:

Name
Nathallie H. Cabaluna
Jane Belle T. Montes

TIN
123-456-789
987-654-321

Date/Place Issued
Apr. 05, 2015 / Cebu City
Oct. 27, 2016 / Cebu City

Known to me and to me known to be the same persons who executed the


foregoing instrument and acknowledged to me that the same is their free
and voluntary act and deed.
This instrument, consisting of 2 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 concerned parties and their witnesses, and sealed
with my notarial seal.

WITNESS MY HAND AND SEAL, on the date and place first above written.

Notary Public
Doc. No. 15;
Page No. 15;
Book No. 15;
Series of 2015.

PLEDGE AGREEMENT

This Pledge Agreement is signed in Cebu City, Philippines this 10 th


day of March 2016 by Nathallie H. Cabaluna (hereinafter referred to as
Debtor/Pledger) in favor of Jacklyn Trixia R. Jaralve, an individual
(hereinafter referred to as Creditor/Pledgee/Secured Party), for purpose of
establishing a security interest in favour of Secured Party as more fully set
forth below.
Section I. DEFINITIONS
As used in this Pledge Agreement
a. Collateral means Debtors interest in and to 2560 Shares of XYS
Stock, as evidenced by Stock Certificate No. 143.
b. Secured Party means Jacklyn Trixia R. Jaralve
c. Indebtedness means debtors obligation to creditor consisting of
the sum of P42, 000.00
d. Lien means any security interest, mortgage, pledge, lien,
attachment, claim, charge, encumbrance, or agreement retaining
title covering the Collateral
e. Obligations means the Indebtedness, and any later loans to
Creditor which recite within its terms that such later loan is
secured by this Pledge Agreement, including attorneys fees
incurred by Pledgee in enforcing this Pledge Agreement or
collecting payment under it.
Section II. GRANT OF SECURITY INTEREST
Debtor grants Pledgee a security interest in the Collateral to secure
Debtors obligations under this Pledge Agreement. That Collateral, consists
of 2560 shares of XYS Stock, as evidenced by Stock Certificate No. 143, in
which Debtor now has or later acquires a right (and substitutions for them
and all distributions related to and proceeds of the Collateral. Pledgee shall
retain physical possession of any certificates or documents evidencing
Debtors ownership of the collateral.
Section III. DEBTORS COVENANTS
Debtor promises to pay the obligations to Pledgee when they are due,
to not sell, lease, transfer, or otherwise dispose of the Collateral, to not
permit liens on the Collateral, except existing liens and current tax liens,
and to perform all acts necessary to maintain, preserve, and protect the
Collateral. Debtor further promises to execute and deliver to Pledgee all
financing statements and other documents the Pledgee requests, in order to
maintain a first perfected security interest in the Collateral.
Section IV. POWER OF ATTORNEY
Debtor hereby appoints Pledgee, or any other person whom Pledgee
may designate as Debtors attorney-in-fact, to perform any of Debtors

obligations under the agreement in Debtors name or otherwise, and to


endorse Debtors name on instruments, documents, or other forms of
payment or security that come into Pledgees possession.
Section V. DEBTORS WARRANTIES AND REPRESENTATIONS
Debtor covenants, warrants, and represents as follows:
a. Debtor has been authorized to execute and deliver this Pledge
Agreement. The Pledge Agreement is a valid and binding obligation
of Debtor. The Pledge Agreement creates a security interest
enforceable against the Collateral in which Debtor now has rights,
and will create a security interest enforceable against the Collateral
in which Debtor later acquires rights, when Debtor acquires those
rights.
b. Neither the execution and delivery of the Pledge Agreement, nor
the taking of any action in compliance with it, will (1) violate or
breach any law, regulation, rule, order, or judicial action binding
on Debtor, any agreement to which Debtor is a party, or (2) result
in the creation of a lien against the Collateral except that which is
created by the Pledge Agreement.
Section VI. PLEDGEES DUTIES
Debtor acknowledges that Pledgee has no duty or liability for the
Collateral except (1) to exercise reasonable care while it is in Pledgees
possession, and (2) upon full performance by Debtor of Debtors obligation
as set forth above, to reconvey Pledgees security interest in the collateral to
Debtor.
Section VII. TERMINATION OF SECURITY INTERST
Pledgees security interest in the collateral will terminate when Debtor
completes performance of all obligations to Pledgee, including without
limitation the repayment of all indebtedness owed by debtor to Pledgee.
Section VIII. DEFAULT
Detor will be in default under this agreement if:
a. Debtor fails to pay any instalment when due, or its entire
indebtedness to Pledgee when due, at stated maturity, on
accelerated maturity, or otherwise.
b. Debtor commits any breach of this Pledge Agreement, or any
present or future rider or supplement to this Pledge Agreement, or
any other agreement between Debtor and Pledgee evidencing the
obligation or securing it.
c. Any warranty, representation, or statement, made by or on behalf
of Debtor in or with respect to the Pledge Agreement, is false.

d. The Collateral is lost, stolen, or damaged


e. There is a seizure or attachment of, or levy on, the Collateral
f. Debtor files for bankruptcy
Section IX. REMEDIES
When an event of default occurs:
a. Secured Party may:
(1) Declare the obligations immediately due and payable without
demand, presentment, protest, or notice to Debtor, all of which
Debtor expressly waives.
(2) Exercise all rights and remedies available to a secured creditor
after default, including but not limited to the rights and
remedies of secured creditors under Book IV, Title XVI of the
Civil Code.
(3) Perform any

of

Debtors

obligations

under

this

Pledge

Agreement for Debtors account. Any money expended or


obligations incurred in doing so, including reasonable attorneys
fees and interest at the highest rate permitted by law, will be
charged to debtor and added to the obligation secured by this
Pledge Agreement
(4) At its option and without notice to Debtor, transfer and register
the Collateral or any part of it in Pledgees name r the name of
its nominees; collect and enforce payment with respect to the
Collateral; exercise all rights, options, and privileges with
respect to the Collateral as Debtors proxy, that proxy to be
irrevocable until this pledge Agreement is terminated. Until
such default, Debtors right to vote the Collateral will not be
impaired by this Pledge Agreement.
(5) Conduct a commercially reasonable private sale or other
disposition of the Collateral although a higher price might have
been obtained for it at a public sale in compliance with an
applicable laws or regulations. Pledgees notice of the time and
place of public sale of the Collateral, or the time on or after
which a private sale or other disposition of the Collateral will be
made, is reasonable if sent to Debtor in the manner for giving
notice at least five days before the public or private sale.
Section X. ADDITIONAL TERMS
If Nathallie H. Cabaluna is unable to pay Jacklyn Trixia R. Jaralve the
sum of P42, 000.00 on or before three years have passed from the signing of
this agreement, then Jacklyn Trixia R. Jaralve will accept labor as
repayment, to be clearly defined in a separate agreement, on or before date
of termination of this Pledge Agreement.
Section XI. MISCELLANEOUS

Collection Fees. Debtor will pay all costs and expenses of collection,
including reasonable attorneys fees.
Waiver by Secured Party. No waiver by Pledgee of any breach or
default will be a waiver of any breach or default occurring later. A waiver will
be valid only if it is in writing and signed by Pledgee.
Survival

of

Representation

and

Warranties.

Debtors

representations and warranties made in this Pledge Agreement will survive


its execution, delivery, and termination.
Assignment. This Pledge Agreement will bind and benefit the
successors and assignees of the parties, but Debtor may not assign its
rights under the agreement without Pledgees prior written consent.
Attorneys Fees. If any action at law or in equity including an action
for declaratory relief, is brought to enforce or interpret the provisions of this
Agreement, the prevailing party shall be entitled to a reasonable attorneys
fee, which may be set by the court in the same action, or any separate
action brought for that purpose, in addition to any other relief to which such
party may be entitled.
Governing Law. This Pledge Agreement will be governed by Book IV,
Title XVI of the Civil Code of the Philippines.
Entire Agreement. This Pledge Agreement is the entire agreement,
and supersedes any prior agreement or understandings, between Pledger
and Pledgee relating to the Collateral.
IN WITNESS WHEREOF, We have hereunto affixed our signatures this 10 th
day of March, 2016 in Cebu City, Philippines.

Nathallie H. Cabaluna

Jacklyn Trixia R. Jaralve

PLEDGOR

PLEDGEE

SIGNED IN THE PRESENCE OF:

_______________________________
JANE BELLE T. MONTES

_______________________________
LIEZEL GAIL F. MAGLINTE

ACKNOWLEDGEMENT

Republic of the Philippines)


City of Cebu ) S.S
BEFORE ME, personally appeared:
Name
Nathallie H. Cabaluna
Jacklyn Trixia R. Jaralve

TIN
123-456-789
987-654-321

Date/Place Issued
Apr. 05, 2015 / Cebu City
Oct. 27, 2016 / Cebu City

Known to me and to me known to be the same persons who executed the


foregoing instrument and acknowledged to me that the same is their free
and voluntary act and deed.
This instrument, consisting of 5 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 concerned parties and their witnesses, and sealed
with my notarial seal.

WITNESS MY HAND AND SEAL, on the date and place first above written.

Notary Public
Doc. No. 15;
Page No. 15;

Book No. 15;


Series of 2015.

CONTRACT OF ANTICHRESIS

KNOW ALL MEN THESE PRESENTS:


Nathallie H. Cabaluna, of legal age, single, and a resident of Villa Zacate,
Basak Pardo, Cebu City, Philippines (hereinafter referred to as the
DEBTOR);
-andJane Belle T. Montes, of legal age, single, and a resident of Alumnos,
Mambaling, Cebu City (hereinafter referred to as the CREDITOR);
WITNESSETH; That:
The DEBTOR is indebted unto the CREDITOR in the sum of TWO
HUNDRED FIFTY-FIVE THOUSAND PESOS ONLY (P255,000.00), Philippine
Currency, receipt of which is acknowledged by the DEBTOR upon the
signing of this instrument, payable to the order of the CREDITOR within a
period of 15 years, with interest thereon at the rate of twelve percent (12%)
per annum.
WHEREAS, the DEBTOR owns A PARCEL OF LAND with the
description: Lot 3 Blk 35 of consolidation subdivision plan (LRC) Psd-52632,
bein a portion of the consolidation of Lots A and 5964 B (LRC), Lot 7, Psd-

1234567, Lot 9, Psd-150829, LRC Rec. Nos. N-27024, 51768, N-11782, N13466 and 21701 situated in Sabang, Danao City, Province of Cebu.
Bounded on Ne., point 3 to 1 by Road Lot 25, onto the point of beginning;
containing an area of (550) square meters more or less.
WHEREAS, the DEBTOR offers to pay the CREDITOR the said
indebtedness through the fruits of the afore-described property and the
CREDITOR accepts the offer of the DEBTOR;
NOW,THEREFORE. For and in consideration of the foregoing
premises, the parties herein mutually agreed as follows:
a) The DEBTOR should have actually delivered the possession and enjoyment
of the foresaid property unto the CREDITOR within a month after the
execution of this contract.
b) Any and all taxes due on the property while the same is in the possession of
the CREDITOR shall be for the account of the latter.
c) The CREDITOR should be able to preserve the said property with the
diligence of a good father of the family.
d) Any and all proceeds generated from the aforementioned property shall be
applied to the full payment of the debt and all obligations which the
DEBTOR owes the CREDITOR.
e) The CREDITOR shall, without any further need of demand, return the
subject property to the DEBTOR upon the expiration of the period herein
agreed upon clear of any structures which the CREDITOR may have
introduced in the premises while the same is in his possession.

IN WITNESS WHEREOF, we have hereunto set their hands, this 10 th day of


March 2016 at Pardo, Cebu City, Philippines.

Nathallie H. Cabaluna

Jane Belle T. Montes

DEBTOR

CREDITOR

SIGNED IN THE PRESENCE OF:

_______________________________

_______________________________

KRIS ANNE A. SINGSON

LIEZEL GAIL F. MAGLINTE

ACKNOWLEDGEMENT

Republic of the Philippines)


City of Cebu ) S.S
BEFORE ME, personally appeared:
Name
Nathallie H. Cabaluna
Jane Belle T. Montes

TIN
123-456-789
987-654-321

Date/Place Issued
Apr. 05, 2015 / Cebu City
Oct. 27, 2016 / Cebu City

Known to me and to me known to be the same persons who executed the

foregoing instrument and acknowledged to me that the same is their free


and voluntary act and deed.
This instrument, consisting of 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 concerned parties and their witnesses, and sealed
with my notarial seal.

WITNESS MY HAND AND SEAL, on the date and place first above written.

Notary Public
Doc. No. 15;
Page No. 15;
Book No. 15;
Series of 2015.

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