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Republic of the Philippines


OFFICE OF THE SHERIFF
Zamboanga City

VIRGO FINANCING FOR: EXTRA-JUDICIAL


CORPORATION, herein represented FORECLOSURE REAL
by: Erlene R. Hernandez, ESTATE MORTGAGE
PURSUANT TO
Applicant-Mortgagee, ACT 3135 AS AMENDED
-versus-

BENITO L. PADUA
Mortgagor.
X---------------------------------------------X

The City Sheriff


Zamboanga City
SIR:
We have the honor to deliver to you a copies of the Real estate
Mortgage executed in favor of the herein applicant VIRGO FINANCING
CORPORATION dated 28 and 30 June 2008, acknowledged before Notary
Public Atty. Betlee Ian Barraquias in the City of Zamboanga, per Doc No.
282; Page No. 56; Book No. 07 Series of 2008; on that certain real property
together with all the improvements existing thereon and all improvements
that may exist thereafter, covered by and described in the Transfer
Certificate of Title No. T-212,440, of Registry of Deeds of Zamboanga
City. Machine copy of the Real Estate Mortgage is hereto attached as
Annex A and Certified copy of Transfer Certificate of Title No. T-212,440
is hereto attached as Annex B.

We beg to state the following facts:

1. To secure a contract of loan, the Vendor-Mortgagor BENITO


L. PADUA, SR., (MORTGAGOR for brevity) herein
represented by BENITO E. PADUA, JR. by virtue of Special
Power of Attorney executed before the Notary Public , Atty.
Faith Suzette Delos Reyes Kong per Doc No. 283, Page No.
57, Book No. II, Series of 2007 dated June 25, 2007 in the
City of Zamboanga, executed a Deed of Real Estate
Mortgage dated June 30, 2008 entered in the Notarial
registry of Atty. Betlee-Ian J. Baraquias per Doc. No. 41;
Book No. 10; Page No. 09; Series of 2008, in favor of
VIRGO FINANCING CORPORATION (MORTGAGEE for
brevity) of that certain parcel of land covered by Transfer
Certificate of Title No. T-182-826 which was subdivided into
four (4) resultant lots which are now covered by the following
transfer certificate of titles, to wit:
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Transfer Certificate of Title No. T-212,437

A parcel of land (1684-B-1-B-2-A) of the subd. plan,


situated in the Barangay of Sta. Maria, City of Zamboanga
Island of Mindanao.containing an area of NINE HUNDRED
NINETY SEVEN (997) SQUARE METERS.

Transfer Certificate of Title No. T-212,438

A parcel of land (1684-B-1-B-2-B) of the subd. plan,


situated in the Barangay of Sta. Maria, City of Zamboanga
Island of Mindanao.containing an area of ONE
THOUSAND (1000) SQUARE METERS.

Transfer Certificate of Title No. T-212,439

A parcel of land (1684-B-1-B-2-C) of the subd. plan,


situated in the Barangay of Sta. Maria, City of Zamboanga
Island of Mindanao.containing an area of ONE
THOUSAND ONE HUNDRED FORTY (1,140) SQUARE
METERS.

Transfer Certificate of Title No. T-212,440

A parcel of land (1684-B-1-B-2-D) of the subd. plan,


situated in the Barangay of Sta. Maria, City of Zamboanga
Island of Mindanao.containing an area of EIGHT
HUNDRED FIFTY FIVE (885) SQUARE METERS.

Machine Copy of the Deed of Real Estate Mortgage dated


6 October 2008 hereto attached as Annex C and Machine
Copy of Special Power of Attorney is hereto attached as
Annex D.

2. That the conditions of the contract of Real Estate Mortgage


(Annex A) on that certain parcel of land covered by
Transfer Certificate of Title No. T-212,440 have been
broken by the failure of the Mortgagor to pay his obligation to
the Mortgagee in the principal amount of FOUR HUNDRED
SEVENTY ONE THOUSAND FIVE HUNDRED SIX and
85/100 (P 471, 506.85) Pesos, Philippine currency, within a
period of EIGHTY (80) days payable in daily installments of
ONE THOUSAND FOUR HUNDRED THIRTY SEVEN and
50/100 PESOS (P1,437.50) each, the first installment to fall
due on 30 June 2008 until the whole sum of the principal and
interest shall have been fully paid. That it is understood that
in case of delay of payment of any installment, a surcharges
of Twenty Percent (20%) of such installment shall be paid
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per day of delay which shall be due and payable together


with the installment next succeeding default until fully paid. A
machine copy of the Promissory Note dated 28 and 30 July
2008 is hereto attached as Annex E and made an integral
part hereof;

3. That due to failure of MORTGAGOR to settle his obligation,


the latter entered into a Memorandum of Agreement with
right to repurchase the above-described property covered by
Transfer Certificate of Title No. T-212,440 within a period
of one (1) year in favor of MORTGAGEE. However,
MORTGAGOR failed, refused and continuously failed and
refused to settle his obligation which is now long overdue.
Machine copy of the Memorandum of Agreement is hereto
attached as Annex F.

4. That the conditions of the attached Real Estate Mortgage


(Annex A) was breached since March 2009 and
successively thereafter;

5. That at present the following amount due and owing to the


said mortgagee has amounted to ONE MILLION TWO
HUNDRED FIFTY SEVEN THOUSAND TWO HUNDRED
TWENTY FIVE and 87/100 (P 1, 257,225.87) Pesos,
Philippine currency, inclusive of Attorneys Fee, surcharge
and monthly past due interest of one percent (1%). Machine
copy of the Revised Computation dated 31 December 2016
is hereto attached as Annex G;

6. That by virtue of the Real Estate Mortgage Contract, the


Mortgagee may upon default in the payment of the
Mortgagor of his obligation, foreclose the mortgaged
property either judicially or extra-judicially at the Mortgagees
option;

7. That according to the best knowledge and belief of the


Mortgagee, said mortgaged property is not subject to any
prior Mortgage or lien;

IN VIEW OF THE FOREGOING, I respectfully request that you extra-


judicially foreclose and sell at public auction the mortgaged property at any
time and place pursuant to the provisions of Act No. 3135, as amended.

Other reliefs as may be just and equitable under the premises are
likewise prayed for.

City of Zamboanga, Philippines, __ December 2016.


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VIRGO FINANCING CORPORATION


Applicant/Mortgagee

Represented by:

ERLENE R. HERNANDEZ
Manager

Republic of the Philippines)


City of Zamboanga ) s.s
X----------------------------------X

VERIFICATION

I, ERLENE R. HERNANDEZ, of legal age, married, Filipino citizen


and a resident of Zamboanga City, Philippines, after having been duly
sworn to in accordance with law hereby depose and say that;

1. I am the Manager and authorized representative of VIRGO


FINANCING CORPORATION as Applicant/ Mortgagee;

2. I have caused the preparation of the foregoing Extra-Judicial


Foreclosure of Real Estate Mortgage;

3. I have read the allegations contained therein and that the same
are true and correct of my personal knowledge and based on
authentic records.

IN WITNESS WHEREOF, I have hereunto set my hand on this __


day of December 2016 at Zamboanga City, Philippines.

ERLENE R. HERNANDEZ
Affiant
TIN-130-165-315

SUBSCRIBED AND SWORN to before me this __ day of December


2016 in the City of Zamboanga, Philippines,

Doc. No. ____


Page No. ____
Book No. ____
Series of 2016