Deed of Adjudication With Real Estate Mortgage
Deed of Adjudication With Real Estate Mortgage
Deed of Adjudication With Real Estate Mortgage
That we are the heirs of the late ELVIRA C. BANGALISAN who died on June 7, 2016
intestate and without legal issues, being her spouse and children;
That she left upon her demise a parcel of land registered in her name under TCT No. T-
20391 described as follows:
That in accordance with the provision of Section 1, Rule 74 of the Philippine Rules of
Court, we hereby ADJUDICATE UNTO OURSELVES the above-described parcel of land;
That this instrument may be registered in the Registry of Deeds of the Province of Aklan
under Act. 496 and in this connection it is hereby stated that this land is not tenanted.
That in consideration of the foregoing, we jointly and severally enter into the following
AGREEMENT as the “MORTGAGOR” with ROWENA MAE NEDIC MENCIAS, also of
legal age, single, Filipino, and with residence address at Bubog, Numancia, Aklan, hereinafter
referred to as the “MORTGAGEE”;
That we acknowledge our indebtedness with the MORTGAGEE in the sum of THIRTY
SIX THOUSAND PESOS (P36,000.00), Philippine Currency;
That we bind ourselves to pay the said amount on or before March 31, 2017 at the office
of the MORTGAGOR located in Capitol Site, Estancia, Kalibo, Aklan;
That for and in consideration of this indebtedness and to assure the performance of
said obligation to pay, we hereby convey by way of REAL ESTATE MORTGAGE unto the
MORTGAGEE, her heirs and assigns the above-described property. The provisions of Act 3135
shall be the governing rule in this AGREEMENT;
That for this reason, we surrender unto the MORTGAGOR the document of title of the
land which shall be returned only upon extinguishment of the obligation;
That our failure to comply with our obligation to pay within the period given shall
automatically convert this AGREEMENT into a PACTO DE RETRO SALE, wherein the
MORTGAGEE shall become the owner of the property but we shall have the right to redeem the
same within three (3) months from March 31, 2017;
IN WITNESS WHEREOF, we have hereunto set our hands on this 25th day of February
at Kalibo, Aklan, Philippines.
We severally swear that the foregoing mortgage is made for the purpose of securing the obligation
specified in the conditions thereof, and for no other purpose, and that the same is a just and valid
obligation, and one not entered in for the purpose of fraud.
ACKNOWLEDGMENT
This instrument contains 2 pages signed/thumb marked by parties in each page in the presence of each
other.
WITNESS MY HAND AND SEAL this 25th day of February 2017 at Kalibo, Aklan, Philippines.