SOP Exhibits
Title
:
Exhibit 7 - Contract of Chattel Mortgage
SOP Number :
HR-PB18
EXHIBIT 7
Republic of the Philippines
Department of Agriculture
NATIONAL AGRICULTURAL & FISHERY COUNCIL
Diliman, Quezon City
CONTRACT OF CHATTEL MORTGAGE
KNOW ALL MEN BY THESE PRESENTS:
This
CHATTEL MORTGAGE
, made and executed this _____ day of ___________________ , 19 ____ at, Philippines by and between:
_________________________________ of legal age, single/married, with
residence and postal address at _________________________________
__________________________ hereinafter called the
"MORTGAGOR";
in favor of
The
National Agricultural and Fishery Council
(NAFC
) a duly established government agency, with office address at the 4th floor, Department of Agriculture Building, Elliptical Road Diliman, Quezon City, represented herein by the _______________________________________ hereinafter referred to as the :
"
MORTGAGEE
";
W I T N E S S E T H :
That the
MORTGAGOR
has availed of a loan under the
NAFC Special Vehicle Loan Fund Program
(NAFC-SVLF)
representing a two-wheeled motorcycle more particularly described as follows:
Brand : __________________ Chassis No. : _____________
Engine No. : __________________ O.R. NO. : ______________
Model : _
_
________________
Reg. Cert. No.
______________
That under the Special Vehicle Loan Fund Program, The Philippine National Bank (PNB) pays the motorcycle to the sup
plier and payment to the PNB is guaranteed from the Special Vehicle Loan Fund of the
MORTGAGEE
;
That this mortgage is given as security for the payment to said
MORTGAGEE
of a promissory note hereto attached and made an Integral part of this Chattel Mortgage for the principal sum of _________________________________________ (P__________) Philippine currency payable in ___________ equal monthly installment with interest rate of 8.5 percent per annum on the remaining balance;
That this Chattel Mortgage is subject to the following terms and conditions:
1. That Mortgagor warrants that all terms and dues on the aforementioned vehicle have been fully paid and said properly is free from any lien or encumbrances of whatsoever nature save the present Chattel Mortgage;
2. In case the Mortgagor defaults in the payment of any of the installments in accordance with the terms of the promissory note secured by this Chattel Mortgage, the whole amount remaining unpaid under the promissory note shall immediately become due and demandable;
3. That should the Mortgagor violate any of the terms and conditions of this mortgage and or rules, regulations and/or policy of the Mortgagee on Special Vehicle Loan Fund (SVLF) '72 Program, the whole amount remaining unpaid under the promissory note shall immediately become due and demandable;
4. That should the Mortgagor violate the provisions no. 1, 2 and 3 hereof, the Mortgagee is authorized to take immediate possession of the vehicle with authority to withhold payment of the salaries and other monies due to the Mortgagor as an employee of _______________________________ and apply the amount withheld to the payment of Mortgagor's outstanding obligations under the promissory note. In case it shall become necessary for the Mortgagee to resort to court action for the enforcement of its right under this Chattel Mortgage or for the reposession of the subject property by reason of default or other causes attributable to the Mortgagor, said Mortgagor shall be liable to pay the cost of suit, attorney's fees, and other incidental expenses which in no case shall be less than 20% of the balance of the agreed purchase price then outstanding and other subsisting obligations arising thereunder.
5. Should the property be lost, destroyed or damaged from any cause whatsoever, the Mortgagee shall immediately declare the whole amount of the unpaid balance of the promissory note due and payable reserving in favor of the Mortgagee the rights afforded him under the proceeding paragraphs;
6. The Mortgagor shall insure the motorcycle during the period of amortization against damage or loss with a reputable insurance company in the sum of not less than P________________ and the policy shall be endorsed in favor of the mortgagee to the extent of its interest;
7. The Mortgagor agrees to exercise extraordinary care and deligence in the preservation and maintenance of the vehicle mortgaged and to use it full time on his government job during the period of amortizations;
8. The Mortgagor cannot sell, transfer, assign, encumber or mortgage the vehicle subject of his mortgage without prior written approval or consent of the Mortgagee;
9. That should the Mortgagor seeks, transfers to another office, resigns or be separated or dies, the mortgagee is authorized to take all measures to ensure recovery of the unpaid balance, including repossession and foreclosure of the Chattel Mortgage;
10. That should the Mortgagor violate the terms of the promissory note, for non-payment of two (2) consecutive monthly installments or should he violate the terms of the contract regarding the use of the motor vehicle, or violate the rules, policy and guidelines of the Mortgagee regarding the Special Vehicle Loan Fund, the Mortgagee is authorized to take immediate possession of the vehicle mortgaged;
11.That the Mortgagor, shall not remove or transfer the motorcycle mortgaged outside the province of ____________________________, his place of assignment without the previous written authority of the Mortgagee;
12.The Mortgagor shall shoulder the expenses of registration of the motorcycle including registration fees of the mortgaged property with the Chattel Mortgage Registry and the Bureau of Land Transportation;
In cases where the
MORTGAGEE
took immediate possession of the property mortgaged, the
MORTGAGOR
is given a thirty (30) day grace period counted from the date
MORTGAGEE
took immediate possession of the vehicle mortgaged to pay all the oustanding balance.
After the 30 day grace period had lapsed and still the outstanding obligation has not been paid, the property, mortgaged may be foreclosed,
The property mortgaged having been foreclosed, all monthly installments paid by the
MORTGAGOR
shall be considered as monthly rentals for the use of the vehicle and as such, it will not be considered for purposes of determining the outstanding principal obligation.
If the
MORTGAGOR,
his heirs, executors, administrators or assigns shall well and truly perform the full obligation in accordance with the terms of the promissory note secured by the
MORTGAGEE
this contract and the rules, regulations and policies of the
MORTGAGEE
, then this mortgage shall be considered null and void. Otherwise, it shall remain in full force and effect and enforceable in the manner provided herein.
IN WITNESS WHEREOF,
the
MORTAGOR
and the
MORTGAGEE
have hereunto signed this instrument at the place and on the date written above.
National Agricultural & Fishery Council
by:
____________________________ _____________________________
MORTGAGOR MORTGAGEE
Signed in the presence of:
____________________________ ____________________________
(Witness) (Witness)
A C K N O W L E D G M E N T
Republic of the Philippines)
____________________; S.S.
Before me, at ______________________________________________ in the province of ____________________________________, Philippines this ____ day of __________________ , 19____, personally appeared ____________________________ known as the
MORTGAGOR
with Residence Certificate No. A & B _____________________________ issued at ___________________ with Tax Acct. No. ________________________________ and _______________ representing the
NATIONAL AGRICULTURAL & FISHERY COUNCIL (NAFC)
known as
MORTGAGEE
with Residence Certificate No. A & B ______________ and (
NAFC
)
known as
MORTGAGEE
issued at Quezon City on _____________________ with Tax Acct. No. _________ the parties who signed the foregoing Affidavit of Good Faith and made oath to the truth thereof.
_________________________________
(Notary Public)
Until December _____________________
Doc. No. ________
Page No. ________
Book No. ________
Series of 19 ______