You are on page 1of 2

China Bank Savings Building, 314 Sen.

Gil Puyat Avenue, Makati City

LOAN AGREEMENT
KNOW ALL MEN BY THESE PRESENTS:
This Loan agreement, duly executed this _____________________________________ at ____________________________________ by and between/among:

5258 REALTY AND MANAGEMENT CORPORATION, a corporation duly organized and existing under the laws of the Republic of the Philippines with
principal place of business at 3817 Biyaya Street, Bacood, Sta. Mesa, Manila, hereinafter referred to as the BORROWER, irrespective of number,
- and -
CHINA BANK SAVINGS, INC., a banking institution duly organized and existing under and by virtue of the laws of the Philippines, with principal office at
China Bank Savings Building, 314 Sen. Gil Puyat Avenue, Makati City, hereinafter referred to as the Bank

WITNESSETH: That --
WHEREAS, at the request of the Borrower, the Bank has agreed to extend to the Borrower a loan (the Loan) under the terms and conditions hereinafter set forth below and
on the reverse side hereof;
NOW, THEREFORE, for and in consideration of the foregoing premises, the Bank hereby grants the Loan to the Borrower, subject to the following terms and conditions:
Section 1. Amount. -- The Loan which the Bank has agreed to grant to the Borrower shall be in the maximum amount of:
TWELVE MILLION TWO HUNDRED THOUSAND PESOS (P12,200,000.00) Philippine Currency
Section 2. Purpose. -- The proceeds of the Loan shall be used by the Borrower exclusively for the following purpose(s):
For property acquisition/general premises upkeep and renovation.
Section 3. Loan Release. -- No release under the Loan shall be made unless all the conditions required by the Bank have been complied with by the Borrower. The
proceeds of the loan shall be released in the following manner:
In Managers Check in favor of
Credit Savings/Current Account No. of at of the Bank.
The Bank shall not be obliged to release the proceeds of the Loan after the lapse of () days from date of this Agreement approval of the Loan application
by the Bank.
Section 4. Notes. -- Each Loan release, renewal or extension thereof, shall be evidenced by a promissory note or notes (the Notes) of the Borrower on the prescribed form
of the Bank.
Section 5. Interest/Principal. -- The Loan shall bear interest from the date of release of the Loan until full payment thereof
Interest rate repriceable annually.
Equal monthly principal payment; Interest payable monthly in arrears, based on diminishing balance with the first payment to be made one (1) month from the
date of release of the loan proceeds and with the succeeding payments to be made every month thereafter.
Section 6. Maturity. - The Loan shall become due and payable, without need of notice, demand, presentment or any other act or deed
Ten (10) years from the date of Implementation.
The amount contracted herein is based on the value of the peso at the time of the execution of the Note, and should there be any sudden decrease in the value thereof due to
extraordinary inflation or deflation, or any other cause, the value of the peso at the time of the execution of the Note shall be the basis of payment; for this purpose extra-
ordinary inflation or deflation takes place when so declared by the Bangko Sentral ng Pilipinas (BSP) or in the event of any increase or decrease in any given year of 50% in
the prices of prime commodities based on the consumer price market index for Metro Manila as announced by the BSP.
In the event that the due date for the payment of any amount due under this agreement falls on a Saturday, holiday or non-banking day, the Borrower shall pay the amount
due on the banking day immediately preceding such due date.
Section 7. Security. -- The Loan, the interest, penalties and other charges thereon and the Notes, including any renewal, extension, amendment or notation thereof, and all
advances for taxes fees, insurance premiums and expenses made by the Bank thereon shall be secured by the following collateral or security arrangement (hereinafter referred to
as t he Collateral irrespective of number, and the person/s executing or delivering the Collateral as the Guarantor irrespective of number):
a. Real Estate Mortgage on One (1) parcel of land including all the improvements erected thereon located at P. Sanchez Street, Sampaloc, Manila covered
by Transfer Certificate of Title No. (249162) ___________________________________.

b. Continuing Surety of ISAGANI DOMINGUEZ and RAUL AGUSTIN.

Section 8. Right to Set-Off. -- The Borrower shall open and maintain a current/savings account with the Bank during the effectivity of the Loan. The Borrower hereby
authorizes the Bank to debit, set-off or apply, at its option, upon default of the Borrower, said deposit account or any other monies or properties of the Borrower which may come into
the Banks possession, by whatever manner or for whatever cause, to the payment of the Loan or Notes or of the fees, taxes, insurance premiums or other expenses advanced by
the Bank. For this purpose, the Borrower hereby irrevocably appoints the Bank as its attorney-in-fact to sell or dispose of such properties and to apply the proceeds thereof to the
payment of the Loan or the Notes or said advances.

Section 9. SSS Remittance and Insurance Requirements. -- The Borrower shall endeavor to course the Borrowers remittances to the Social Security System for the
account of the Borrowers employees, through the Banks banking facilities.
Section 10. Attorneys Fees. -- If the Bank shall require the services of counsel to enforce any of its rights and remedies in and to this Agreement, the Notes, the Collateral
and related documents, the Bank shall be entitled to recover from the Borrower as and for attorneys fees, a sum equal to twenty percent (20%) of the sum sought to be recovered.
In no case shall the attorney's fees be less than TWENTY THOUSAND PESOS (P20,000.00), in addition to costs of suit and all other fees and expenses incurred by and
reimbursable to the Bank by the Borrower.
Section 11. Venue. -- Any legal action or proceeding arising out of or connected with this Agreement, the Notes, the Collateral and related documents shall be brought in the
proper courts of Makati, Metro Manila only, the Borrower waiving for this purpose any other venue provided for in the Rules of Court.
Section 12. Other conditions The Loan shall also be governed by the General Terms and Conditions Governing Credit Transactions with China Bank Savings Inc.
which is made an integral part hereof by way of reference.

Charges impose by the government and/or any of its instrumentalities including those imposed for the loan-loss provision for this transaction shall be for the account of
the BORROWER.
When qualified, availments shall be filed with the BSP SBGFC Rediscounting Land Bank of the Phil. SSS Special Financing Program or any program
lending agency upon compliance with all documentary requirements. Should the BORROWER fail to submit the documentary requirement within ten (10) days from
notice, the BANK may initiate and cause the completion of said documentary requirements and costs and expenses which shall be incurred in connection therewith
shall be for the exclusive account of the BORROWER.
Upon rediscounting, the interest rate shall be adjusted to the rediscount rate of the Program Agency plus the BANK approved margin applicable at the time of
rediscounting.
Interest shall be payable monthly if rediscounted with BSP, LBP or SBGFC; interest shall be payable quarterly, with the principal in both cases, payable at maturity of
the promissory note representing the availment.
In case of SSS-SFP fundings, the BORROWER shall maintain monthly in a sinking fund equivalent to the monthly interest due on the availment.
BORROWER shall pay all documentary stamp taxes applicable for the transaction.
BORROWER shall pay the following fees on or before drawdown: Transaction Fee of Fifteen Thousand Pesos (P15,000.00).

IN WITNESS WHEREOF, the parties hereto hereby affix their respective signatures on __________________ at ________________.

5258 REALTY AND MANAGEMENT CORPORATION CHINA BANK SAVINGS, INC.


(BORROWER) (BANK)
By: TIN No. 000-504-532-000
By:

SIGNED IN THE PRESENCE OF:

ACKNOWLEDGMENT
REPUBLIC OF THE PHILIPPINES)
MAKATI CITY ) S.S.

BEFORE ME, a Notary Public in and for the above jurisdiction, this ____________________________________________ personally appeared:

NAME DETAILS OF IDs PRESENTED DATE/PLACE OF ISSUE


CHINA BANK SAVINGS, INC. TIN No. 000-504-532-000

5258 REALTY AND MANAGEMENT CORPORATION

all known to me to be the same persons who executed the foregoing instrument and acknowledged to me that the same is their own free and voluntary act and deed as
well as that of the Corporation(s) herein represented.

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

Doc. No. ___________; Book No. _________;

Page No. ___________; Series of 2016.

You might also like