lOMoAR cPSD| 12961618

REAL ESTATE MORTGAGE

KNOW ALL MEN BY THESE PRESENTS:

This MORTGAGE made and executed by

Eren Yeager Filipino, of legal age, married, and a resident of Brgy. Casili,
Consolacion herein called the Mortgagor

-and-

Mikasa Ackerman, Filipino, of legal age, single, and a resident of Blk 8, Lot 3,
Lopez St. CH Subd, Basak, Mandaue City herein called the MORTGAGEE;

W I T N E S S E T H:

1. That as security for the payment of the loan in the principal sum of
Seven Hundred Thousand Pesos (Php 700,000.00), and such other loans or
advances already obtained, or still to be obtained by the MORTGAGOR as
MAKER, CO-MAKER, or GUARANTOR from the MORTGAGEE plusinterest at
the rate of 5 % per month, payable on the dates mentioned in the corresponding
loan agreement, the MORTGAGOR by way of first mortgage, mortgages the parcel
of land described hereunder, together with the improvements now existing, or
which may hereafter be made thereon, of which MORTGAGOR represents and
warrants that MORTGAGOR is the absolute owner and that the said parcel of land
is free from all liens and encumbrances. The MORTGAGOR hereby transfers and
conveys by way of mortgage unto the MORTGAGEE, their heirs, successors,
executors, administrators or assigns the following parcel of land covered by and
described in Transfer Certificate of Title No. 3411 issued by the Office of the
Registry of Deeds of Cebu City which title is attached hereto as Annex 1.

2. That if the obligations herein secure, or any of the amortization of such

indebtedness should be unpaid when due or upon non-compliance with any of the
conditions and stipulations herein agreed, or if the MORTGAGOR or the person
availing of the credit accommodations herein secured shall, during the time the
mortgage is in force, instituted solvency proceedings or be involuntarily declared
insolvent, or if the proceeds of this loan/credit line should be used or applied for
purposes other than those specified herein, or if this mortgage cannot be recorded
in the corresponding Registry of Deeds, then all the obligations secured by this
mortgage and all the amortization thereof shall immediately become due, payable
and defaulted and the MORTGAGEE may immediately foreclose this
extrajudicially in accordance with Act No. 7735, as amended, and for the purpose,
the Mortgagor hereby names, constitutes and appoints the Mortgagee as it’s
Attorney-in-Fact, to enable it to extrajudicially foreclose the herein Mortgage and
as well as to sign all documents and perform any act requisite and necessary to
accomplish said purpose and to appoint its substitutes as such attorney-in-fact
with the same powers as above-specified. In case of judicial foreclosure, the
MORTGAGOR hereby consents to the appointment of the MORTGAGEE and/or
its duly authorized representative or ofany of its designates as the receiver, without
any bond, to take charge of the mortgaged property at once, and to hold
possession of the same and the rents, benefits, and profits derived from the
mortgaged property before the same, less the costs and expenses of the
receivership; the MORTGAGOR hereby agrees
 lOMoAR cPSD| 12961618

further that, in all cases, attorney’s fees is hereby fixed at 20% of the total
indebtedness then unpaid, which in no case shall not be less than Php 5,000.00
exclusive of all cost and fees allowed by law, and the expenses of collection shall
be the obligation of the MORTGAGOR and shall with priority, be paid to the
MORTGAGEE out of any sums realized from the sale of said property and this
mortgage shall likewise stand as security therefor. It is hereby agreed that the
period or periods granted for the payment of the amortization and/or obligations
secured by this mortgage is for the mutual benefit of bothMORTGAGOR and the
MORTGAGEE. The MORTGAGEE may be a bidder at the sale of the properties
hereby mortgage to it, whether under foreclosure proceedings, or under the
powers of sale herein provided, or otherwise. The remedy of the MORTGAGEE
under the powers of sale hereby conferred upon it shall be, and is in addition to
and cummulative with such right of action as the MORTGAGEE may have in
accordance with the present or any future laws of the Philippines. It is hereby
agreed that in the case of foreclosure of this mortgage under Act No. 3135, the
auction sale shall be held at the capital province; and in case of judicial execution
of this obligation or any part of it, the debtor waive all their rights under the
provisions of Rule 39 Section 12 of the Rules of Court, Art. 232 of Republic Act No.
386, known as the Civil Code of the Philippines, and the proper venue of the
foreclosure suit thereto corresponding, where the mortgage may institute the
foreclosure suit is the Court of First Instance now Regional Trial Court of Cebu
City or elsewhere at the election of said MORTGAGEE;

3. It is of the essence of this contract that if the MORTGAGOR fails to

pay the principal obligation then this mortgage shall be foreclosed and the above-
mentioned property/ies shall be sold in accordance with law; but, if the
MORTGAGOR pay said obligation together with the interests, then this mortgage
shall become null and void and of no effect.

In Witness Whereof, we have hereunto set our hands this December 5,

2022 at Cebu City, Philippines.

Eren Yeager Mikasa Ackerman

Mortgagor Mortgagee

With my marital consent:

Historia Reiss
Wife of Mortgagor

Signed In The Presence Of:

Jean Kirstein Connie Springer

 lOMoAR cPSD| 12961618

REPUBLIC OF THE
PHILIPPINES) CITY OF
CEBU )SS.
X X

ACKNOWLEDGEMENT

Republic of the Philippines)

Cebu City ) S.S

BEFORE ME, a Notary Public for Cebu City this 5th day of December 2022
personally appeared:

ID Number
Honey G. Luma 12569914
George T. Pilapil 23415245

All known to me and to me known to be the same persons who executed the
foregoing real estate mortgage and who acknowledged the same to be their free
voluntary act and deed, and that of the entities represented.

This document refers to a loan agreement which consists of three (3) pages
including this page on which this Acknowledgement is written, and duly signed
by the parties together with their instrumental witnesses on each and every page
hereof.

WITNESS MY HAND AND SEAL on the date and place first above written.
Doc. No. 3
Page No. 3;
Book No. 5;
Series of
2022