个人住房借款担保合同-上海银行

Contract No.: Yu Zhiqi 319826201000291 First Edition 2008 Individual Housing Loan Guarantee Contract

Bank of Shanghai

Kind Notes

In order to maintain your legal interests, please read the following notes carefully before signing the contract:

1.You have possessed the common knowledge in law of application of individual housing loan to bank and guarantee;

2.You have read and accepted all the articles of this contract and known the meanings;

3.You have confirmed the authenticity, validity, completeness and effectiveness of the relevant certificates and materials submitted to the bank and the statement made to the bank;

4.You have confirmed that you have the right to sign the contract and known the rights enjoyed and obligations undertaken by you after signing the contract;

5.You have confirmed the corresponding legal responsibilities of which offering relevant documents related to the contract and contract nonperformance;

6.You are willing to sign and perform the contract under the principles of honesty and trustworthiness;

7.Please fill in the contract neatly with pen or sign pen;

8.If you have any doubt about the contract, you can consult to the Individual Housing Loan Handling Bank of Bank of China.

Individual Housing Loan Guarantee Contract

Contracting Parties:

Party A (main borrower and co-borrower): see Article 54 of the contract.

Party B (lending bank): see Article 54 of the contract.

Party C (guarantor): see Article 54 of the contract.

Party D (periodic guarantor, developer of commodity house for advance sales): see Article 54 of the contract.

Catalog

Chapter 1 General Principles

Chapter 2 Loan

Chapter 3 Repayment

Chapter 4 Periodic Guarantee

Chapter 5 Mortgage Terms

Chapter 6 Insurance and Notarization

Chapter 7 Guarantee Terms

Chapter 8 Main Rights and Obligations

Chapter 9 Responsibilities for Breach of Contract

Chapter 10 Mortgage Performance

Chapter 11 Other Appointed Clauses

Chapter 12 Special Signed Terms

Chapter 1 General Principles

Article 1 Basis of Signing Contract

According to laws and regulations of Contract Law of the People’s Republic of China, Property Law of the People’s Republic of China, Guarantee Law of the People’s Republic of China, Regulations on Management of Housing Provident Fund, Management Method of Individual Housing Loan and Management Method of Shanghai Housing Provident Fund for Individual Housing Loan and financial regulatory regulations and the regulation of relevant rules of Party B, Party A, Party B, Party C and Party D sign the contract through negotiation.

Article 2 Applicable Scope of the Contract

This contract is applicable for the individual housing commercial loan and individual housing syndicated loan.

The individual housing syndicated loan refers to the generic term of individual housing provident fund and individual housing commercial loan applications for housing payment of individual.

Article 3 Main Borrower and Co-borrower

Party A includes the main borrower and co-borrower. The main borrower and co-borrower jointly apply for loan under the contract to Party B to purchase the real estate listed in Article 56 of the contract and jointly undertake all the obligations of loan principal repayment and loan interest payment appointed in the contract.

The main borrower according to the appointment of Article 45 of the contract, accepts the delegation of other co-borrower to handle the loan and repayment procedure. If Party A applies for individual housing provident fund, the main borrower must comply with the loan qualification and condition specified in Shanghai Reserved Fund Administration Center.

The co-borrower is the house obligee to jointly undertake the obligation of repayment other than the main borrower. The co-borrower according to the regulations of Article 45 of the contract authorizes the main borrower to handle the loan and repayment procedure recognized by Party B. The co-borrower must comply with the loan qualification and condition of Party B.

Chapter 2 Loan

Article 4 Loan Amount

The individual housing commercial loan see Clause 1 of Article 55 of the contract. The individual housing provident fund see Clause 2 of Article 55 of the contract. Article 5 Loan Purpose

The loan borrowed by Party A is for house purchase. The house see Article 56 of the contract.

Article 6 Loan Term

The individual housing commercial loan see Clause 1 of Article 57 of the contract. The individual housing provident fund see Clause 2 of Article 57 of the contract. Article 7 Loan Interest

The loan interest of the contract includes the interests of individual housing commercial loan and individual housing provident fund. The regulations of interests

of individual housing commercial loan and individual housing provident fund see Article 59 of the contract.

Article 8 Equity Fund

When Party A applies for loan, he/she shall possess certain proportional equity fund for house purchase fund. This fund can be deposited in Party B or as the advance payment paid to Party D or house transferor or deposited into the regulatory account appointed by transaction fund regulatory agency. Before the loan is issued, Party A shall pay the specified house fund for the first period to Party D or house transferor. Party A guarantees the equity fund comes from legitimization.

Article 9 Loan Precondition

Party A, B, C, D agree when Party B issues the loan, the following conditions shall be met:

1.The house listed in Article 56 of the contract has been handled the mortgage registration procedure, that is: Party B has received the Shanghai Real Estate Registration Certificate (Other Rights) or Shanghai Real Estate Registration Certificate (Advance-notice Registration) (Commodity House for Advance Sales Mortgage) issued by Real Estate Transaction Center or other mortgage registration certificate issued by real estate transaction center recognized by Party B, and check whether the mortgagee is Party B or Party B and Party C;

2.Party A has paid off the housing fund for the first period;

3.Party A, B and C do not come out breach of contract or anticipatory breach of contract.

After the delegation of Party A to Party B comes into force, and meanwhile meet the above conditions within 10 days, Party A shall transfer the loan fund in the name of Party A purchasing house into the settlement account set up in Party B of Party D or house transferor or the regulatory account appointed by the transaction fund regulatory agency. The detailed content of fund transferring into account see Article 61 of the contract.

Chapter 3 Repayment

Article 10 Repayment Method

1.If the loan term is within one year (including one year), the principle and interest shall be repaid once when mature.

2.If the loan term is above one year, Party A shall repay from the next month of Party B’s loan issue. Every month is a repayment period. Party A can choose one of the following two repayment methods, see Article 60 of the contract:

2.1 Repayment method of average capital plus interest: that is within the loan term, the equal amount (total of principal and interest) is repaid the loan principal and interest. The calculation method of repayment amount for each month is: Repayment

Amount for Each Month =

Loan

Principal

Monthly

Interest Rate

Loan Principal*Monthly

Interest Rate

(1+Monthly Interest

Rate)Repayment month-1)

2.2 Repayment method of average capital: that is the loan principal is repaid in the

equal amount each month. The loan interest amount is calculated according to the loan balance of last month. The calculation method of repayment amount for each month is:

Repayment

amount of each month =

Loan

Principal

(Principal-Repaid

Accumulative Amount

of Principal)

Monthly

Interest

Rate Repayment

Month

3.If the repayment method of average capital plus interest or average capital is adopted, the interest shall be calculated by month. 20th day of each month is the date of capital and interest repayment. The calculation method of interest shall be when the following situations happen:

3.1 when the fund for the first period is repaid, the date of interest accrual is the previous day from the issuing date of loan to the repayment for the first time date. In which, if the issuing date of loan is before 20th of the current month, the interest accrual shall be calculated from the issuing date of loan to 19th of the current month according to the use date of loan; if interest shall be calculated by month from 20th of the current month to the 19th of the next month; the interest shall be calculated by month from the issuing date of loan to 20th of the current month; if the issuing date of loan is after 20th of the current month, the interest shall be calculated by day according to the actual use date of loan from the issuing date of loan to 19th of the next month.

3.2 when the fund for the last period is repaid, the date of interest accrual is the settlement date of previous period to previous date of mature date of loan. In which: if the mature date of loan is before 20th of current month, the interest shall be calculated by day according to the actual use date from settlement date of previous period to previous date of mature date of loan; if the mature date of loan is 20th of the current month, the interest shall be calculated by month; if the mature date of loan is after 20th of the current month, the interest shall be calculated by month from the settlement date of previous period to 19th of the current month. The interest shall be calculated by day according to the actual use date from 20th of the current month to the previous date of mature date of loan.

3.3 If the terms of individual housing commercial loan and individual housing provident fund are above one year, the loan shall execute the interest rate determined in the contract in the current year. The loan interest rate for each year afterwards shall adopt the method of One-time Determination for One Year, which is that Party B according to the interest rates of individual housing commercial loan and individual housing provident fund published on December 31 by the People’s Bank of China and base rate times agreed in the contract, determines the strike rates of individual housing commercial loan and individual housing provident fund for the next year and recalculates the monthly principal and interest repayment of Party A according to the adjusted strike rate of Party B. The execution term of interest rate is from January 1 of next year to December 31 of the year. During the period of loan, if the People’s Bank of China adjusts loan interest rate, the interest shall be calculated by month according to the original interest rate from December 20 to December 31 of the current year; the

interest shall be calculated by month according to the original interest rate from January 1 to January 19 of the next year.

3.4 If the loan term of individual housing commercial loan is above one year and the grace period is appointed in the contract, Party A shall pay the loan interest individual housing commercial loan on 20th of the current month within the period of the next month of issue of Party B to the mature period of grace period. The individual housing commercial loan principal shall not be returned temporarily. The principal and interest of loan issuing amount shall be repaid according to the repayment method appointed to the contract from 20th of the next month.

Article 11 Repayment Amount

The individual housing commercial loan repaid by Party A each month see Article 60 of the contract.

The individual housing provident fund repaid by Party A each month see Article 60 of the contract.

Article 12 Transfer Repayment Delegation

Party A shall entrust Party B to repay the principal and interest by auto-transfer method through the individual settlement account of Party B. The specific contents of repayment account see Article 63 of the contract.

If the repayment of loan principal and interest under the contract adopts the method of average capital plus interest or average capital, Party A shall deposit the full amount of repayment into the above account before 20th of each month from the next month of loan issue. Party A withholds the repayment till all the loan principal and interest and fee have be paid off. If Party A has default in the previous period, Party A shall deduct the default and repayment amount for each month when transferring.

Party A can change the repayment account within the loan period, however he/she shall raise application to Party B 20 days in advance. The authorization of transfer delegation can be resigned by both parties after agreed by Party B and can be executed after the new account is used.

If it is Party A’s reason which causes Party B failing to deduct the loan principal and interest for each month in time, it shall be regarded as Party A’s failing to repay the loan principal and interest and Party A shall undertake corresponding responsibilities. Article 13 Withdrawing Housing Provident Fund to Repay Loan Principal and Interest

Party A can withdraw account deposit balance of housing provident fund to repay the loan principal and interest according to the regulations of Shanghai Reserve Fund Administration Center.

Article 14 Prepayment

1.If Party A repays the undue part or whole of individual housing commercial loan and (or) individual housing provident fund, he/she shall raise written application to Party B in advance. After approved by Party B, both parties handle the repayment procedure in advance otherwise appointed.

2.Party A can repay part or whole of individual housing commercial loan principal, however Party A can handle after performing the obligation of repayment for 6 months (6 periods) at least. If Party A performs the contract normally less than 6

months (6 periods), and applies to repay part or whole of individual housing commercial loan principal, Party B has the right to collect liquidated damage from Party A according to Article 65 of the contract.

If Party A repay part of the individual housing commercial loan principal in advance, Party A can negotiate with Party B with the repayment period of individual housing commercial loan balance (limited to shortening original loan period). The loan interest rate shall be determined according to the repayment period performed by Party A plus the contracted individual housing commercial loan interest rate and base rate times corresponding to the remaining repayment period.

3.If Party A repay all the individual housing provident fund in advance, he/she shall settle the debts for one time according to the individual housing provident fund balance of the end of the month for repayment in advance when repaying the debt for the current month.

If Party A repays individual housing provident fund in advance, he/she shall repay the amount not less than 6 times of the individual housing provident fund principal and interest of the previous month in advance after performing obligation of repayment for one year (12 periods). Meanwhile, Party A can negotiate the repayment period of individual housing provident fund balance (limited to shortening original loan period), the loan interest rate is determined according to the repayment period performed by Party A plus the contracted individual housing commercial loan interest rate and base rate times corresponding to the remaining repayment period..

4.If Party A repay individual housing commercial loan and (or) individual housing provident fund with the approval of Party B, Party B shall not collect the interest for the advanced periods and return or relieve the loan interest collected according to the original contracting interest rate.

5.If Party A repay individual housing commercial loan and (or) individual housing provident fund, the date of interest accrual shall be from the settlement date of last period to the previous date of advanced repayment date. In which, if the advanced repayment date is 20th of the current month, the interest shall be calculated by month; if the advanced repayment date is before or after 20th of the current month, the interest shall be calculated by day from the settlement date of last period to the previous date of advanced repayment date.

Chapter 4 Periodic Guarantee

Article 15 Periodic Guarantee

If Party A purchases the commodity house for advance sales developed by Party D by loan, Party D shall guarantee joint periodic guarantee warranty of Party A under the contract. The guarantee period is from the issuing date of loan to Shanghai Certificate of Real Estate Ownership issued by Mortgage Real Estate Registration Agency checked by Party B and Shanghai Real Estate Registration Certificate (Other Rights) managed by Party B.

The scope of liability guaranteed by Party D is the principal, interest, default interest, liquidated damage of individual housing commercial loan and individual housing provident fund repaid to Party B by Party A under the contract and all the expenses

occurred for realizing creditor’s rights of Party B (including but not limited to attorney fee, case acceptance fee, appraisal fee and so on).

During the guarantee period of Party D, when the situation listed in Article 43 of the contract happens, Party D shall perform liability of guaranty to Party B within 5 workdays after Party B issued the Notice of Liability of Guaranty Performance.

Chapter 5 Mortgage Terms

Article 16 Guarantee Content

1.If Party A borrows the individual housing commercial loan, Party A and the co-owner of the guarantee shall mortgage the real estate listed in Article 56 of the contract to Party B;

2.If Party A borrows the individual combined housing loan, Party A and the co-owner of the guarantee shall mortgage the real estate listed in Article 56 of the contract to Party B and Party C;

3.The guarantee other than the items listed in Article 56 of the contract, still includes appendant, subrogation, outlier, adhesion, mixture, processing and other asset or right stipulated by laws and regulations.

Article 17 Scope of Mortgage Guarantee

Party A and co-owner of the guarantee mortgage the house to Party B as the guarantee of individual housing commercial loan repayment. The scope of mortgage guarantee is the principal, interest, default interest, liquidated damage of individual housing commercial loan and individual housing provident fund repaid to Party B by Party A under the contract and all the expenses occurred for realizing creditor’s rights of Party B (including but not limited to attorney fee, case acceptance fee, appraisal fee and so on).

Party A and co-owner of the guarantee mortgage the house to Party C as the counter guarantee of joint and several liability guarantee offered by Party C for individual housing provident fund borrowed by Party A. The scope of counter guarantee is the same with the scope of liability to guarantee undertaken by Party C.

Article 18 Mortgagee

1.If Party A borrows individual housing commercial loan, Party B is the mortgagee;

2.If Party A borrows individual combined housing loan, Party B and Party C as the co-mortgagees of same syn-position, have the right to dispose the mortgage appointed in the contract.

Article 19 Term of Mortgage

The mortgage jointly exists with the guaranteed creditor’s rights. The creditor’s rights do not eliminate, nor does the mortgage.

Article 20 Mortgage Registration

After the contract is signed, Party A and co-owner of mortgage, Party B, Party C (under the condition of individual combined housing loan) shall handle the mortgage registration procedure in the real estate registration department. If the advance-notice registration shall be handled, the advance-notice registration shall be handled in time. The mortgage certificate shall be kept by the mortgagee. If the advance-notice registration shall be changed to formal registration, the change registration procedure

of other rights shall be handled in time (if necessary). The expense of mortgage registration shall be undertaken by Party A.

The mortgagor has the obligation to coordinate with the mortgagee to handle the mortgage registration procedure in time. If the mortgagor refuses to handle, delays to handle or leads to loss of mortgagee’s interest for other incoordinate actions, the mortgagor shall undertake the liability for damage.

Within one month upon the effective date of the contract, if the mortgagor fails to handle the mortgage registration procedure in time according to the contract, Party B can announce the termination of the contract. The mortgagor shall undertake the liability for damage which causes Party B’s loss of interest.

Article 21 Relevant Condition of Mortgage

Party A promises:

1.The bonded real estate does not belong to public place, communal facility and property service house in the area, and the bonded property forbidden by the laws and administrative rules;

2.The house purchased by Party A under the contract is for self-occupation. Party B does not accept the house mortgage with leasehold relation. After the mortgage registration is handled, and the bonded real estate need rent, Party A shall tell the fact of the bonded house to the tenant and promise the lease contract does not influence the realization of Party B’s mortgage according to the appointment of Clause 2 of Article 33 of the contract and raised appointment with the tenant in the lease contract. Article 22 Possession and Reservation of Mortgage

During the period of mortgage, the mortgage shall be possessed and reserved by Party A and co-owner of the mortgage.

Remedial measures of loss, damage or collection of mortgage:

Party A shall immediately take effective measures to prevent the expansion of loss and inform of the mortgagee in written form in time (Party B or Party B and Party C). If the value of the mortgage is reduced for the above situations, the mortgagor has the right to ask Party A to recover the value of mortgage or add to supplementary guarantee with full value. If Party A’s action causes the loss of mortgagee, Party A shall compensate;

The insurance benefit, damage, compensation and so on caused for loss, damage or collection of mortgage shall pay off the guaranteed debt or be deposited into the appointed account of mortgagee in advance as repayment guarantee and used to pay off the guaranteed debt after the performance period of debt is mature.

Article 23 Warrant Reservation

Shanghai Real Estate Registration Certificate (Other Rights) or Shanghai Real Estate Registration Certificate (Advance-notice Registration) (Commodity House for Advance Sales Mortgage) shall be reserved by Party B. Shanghai Certificate of Real Estate Ownership shall be returned to Party A and co-owner of the mortgage for reservation after Party B certify to be correct. After the individual housing commercial loan is settled and before the individual housing provident fund is settled, Shanghai Real Estate Registration Certificate (Other Rights) or Shanghai Real Estate Registration Certificate (Advance-notice Registration) (Commodity House for

Advance Sales Mortgage) shall be reserved by Party C.

Article 24 Change of Mortgage Relation

Within the effective period of the contract, if Party A and co-owner of mortgage applies for change of mortgage relation (including but not limited to changes of mortgage, co-owner of mortgage, period and so on), they shall raise written application to Party B 30 workdays in advance. After checked by Party B, Party B shall sign change agreement with Party A and co-owner of mortgage, Party C, Party D (within the periodical period of guarantee warranty undertaken by Party D), and Party A (including co-owner of mortgage) agrees Party B to collect certain poundage from he/she.

Article 25 Removal of Mortgage

If the mortgage is listed into the scope of removal, Party A and co-owner of mortgage shall inform of mortgagee (Party B or Party B and Party C) in written notice within 10 workdays upon the date of knowing or shall know, and negotiate with the mortgagee (Party B or Party B and Party C) on the settlement of debt and mortgage. If the negotiation fails, Party B has the right to announce the loan under the contract to be mature in advance. Party A shall pay off all the debts under the contract in advance. After the mortgage is removed, if Party A and co-owner of mortgage obtain exchange of property right as compensation, after recognized by mortgagee (Party B or Party B and Party C), they can reset the mortgage by the house with exchange of property right; if the pricing compensation is executed, Party A shall pay off all the debt under the contract in advance.

Article 26 Termination of Mortgage Relation

After Party A paid off all the loan principal and interest under the contract and other payable fund, Party A and co-owner of mortgage, Party B, Party C (under the condition of individual combined housing loan) shall handle mortgage registration procedure in the real estate registration department. The mortgage relation shall be terminated.

Article 27 Co-owner of Mortgage

The co-owner of mortgage as the common mortgagor under the contract agree to mortgage the mortgage, see Article 62 of the contract.

Chapter 6 Insurance and Notarization

Article 28 Insurance

1.After the contract is signed, Party A shall handle the insurance procedure of the house listed in Article 56 of the contract and appoint Party B as the first beneficiary of insurance. The insurance fee shall be paid by Party A. The term of insurance shall be the loan term of the individual housing commercial loan under the contract.

2.During the existence period of individual housing commercial loan debt, Party A shall not suspend and revoke the insurance for any reason, or change the beneficiary of insurance.

3.The insurance policy must indicate, once the insurance accident happens, the insurer shall pay the insurance benefit to the account appointed by Party B. During the existence period of individual housing commercial loan debt, the original of insurance

policy shall be kept by Party B.

4.When the contract is changed (including but not limited to changes of mortgage, loan term, loan amount and so on), Party B shall handle insurance amendment procedure or otherwise handle insurance procedure according to the requirement of Party B. The expenses generated for this shall be undertaken by Party A.

5.If Party A fails to handle the insurance procedure according to the contract, Party A must undertake responsibility of loss of interest and shall perform the obligation of repayment appointed in the contract for loss, damage of mortgaged real estate. Article 29Notarization

After the contract is signed, when Party B think it is necessary, each party shall handle notarization procedure of the contract jointly (if Party A is Hong Kong people, Macanese or Taiwanese, the notarization with compulsory execution effect must be handled).

If the notarization with compulsory execution effect must be handled, when Party A fails to perform the obligation of repayment according to the appointment of contract, Party B has the right to apply for compulsory execution to the people’s court with right of jurisdiction. Party A is willing to accept the execution. The appointment of Article 47 of the contract shall be not applicable under this condition.

Chapter 7 Guarantee Terms

Article 30 Guarantee Warranty

Party C undertakes the liability of guarantee of the following debts. The articles of specific liability of guarantee see Article 66 of the contract:

1.Guarantee warranty of responsibility of commercial loan repayment

Party C shall offer joint and several liability guarantee under the individual commercial loan of the contract:

1.1 From Shanghai Real Estate Registration Certificate (Other Rights) checked and reserved by Party B, if Party A fails to repay the commercial loan accumulated to 3 periods according to the agreement of the contract, Party B has the right to send Notice on Liability of Guaranty Performance, to inform Party C to repay. Party C shall perform the obligation of repayment within 7 workdays upon the date of receiving notice, however when Party C performs the obligation of repayment accumulated to 6 periods, the responsibility of compensation shall be eliminated.

1.2 Party A shall return all the compensation to Party C before Party C pays for the last 1 workday of the current month; if it is not repaid exceeding the time limit, Party C has the right to collect liquidated damage from Party A for all compensation equivalent to 0.03% each day from the compensation date.

1.3 After Party C performs the obligation of repayment, he/she has the right to claim compensation from Party A. The compensation amount includes repayment fund on behalf, liquidated damage and necessary fees to realize creditor’s rights (including but not limited to expenses of lawsuit, arbitration, property preservation, judicial execution, appraisal, auction and so on) and relevant expenses paid by Party C during the period of collection however otherwise appointed in the contract.

2.Guarantee warranty of responsibility of provident fund loan repayment

Party C undertakes the joint and several guarantee of individual housing provident fund loan under the contract:

2.1 The guaranty period is 2 years from the date of the mortgage Shanghai Real Estate Registration Certificate (Other Rights) kept by Party B under the contract to the mature date of Party A’s individual housing provident fund performance.

2.2 Warranty scope is the individual housing provident fund loan repaid to Party B by Party A and all the interest, default interest, liquidated damage occurred and all the expenses generated to realize creditor’s rights (including but not limited to attorney fee, case acceptance fee, appraisal fee and so on).

3.Liability of guaranty of special debt under the contract

When the following situation happens, Party C shall offer joint and several guarantee of the debt under the contract and give up the right of recourse from Party A. The guaranty term is 2 years from the effective date of the contract to the mature date of the debt performance under the contract;

3.1 All damage of mortgage

Within the effective period of the contract, if the damage of mortgage is caused for the following reasons, from the damage date of the mortgage, Party B has the right to ask Party C to pay off the remaining principal and interest of individual housing commercial loan and provident fund of Party A under the contract, other than the reason of war or made by Party A on purpose;

3.1.1 Fire and explosion;

3.1.2 Violent storm, rainstorm, thunderstrike, hail, snow disaster, flood, tsunami, tornado, sudden collapse of ground;

3.1.3 Drop of air flier.

The principal and interest of individual housing commercial loan and provident fund and default interest, liquidated damage failing to be repaid by Party A before the damage date of mortgage, shall be paid off by Party A, however Party C shall undertake joint and several guarantee appointed in Clause 1 and 2 of this article.

If the damage of mortgage shall be compensated by the third party, the scope of settlement of Party C is the difference of Party A’s remaining loan principal and interest and obtained compensation; if the third person fails to compensate when Party C undertakes the debt, Party C shall pay off in advance and obtain the right of recourse from the third party. Party A shall assist.

Under the above situations, Party A can raise application of debt obligation to Party C and submit certificates of relevant departments. After checked by Party C, Party C gives up the right of recourse from Party A.

3.2 Accident death or total incapacity

Within the effective period of the contract, if Party A (excluding co-borrower and co-owner of mortgage) dies for accident or loses labor capacity which causes failing to perform or incompletely perform the responsibility of repayment for continuous three months, the bearer of the rights and obligations can raise written application and offer certificate of relevant department. After checked by Party C, Party C undertakes the remaining loan principal and interest of Party A under the contract from the date of accident death or total incapacity.

The accident in the contract refers to car accident, occupational injury, fire or drowning, however excluding the accidents caused for the following situation:

3.2.1 if Party A has car accident for drunk drinking, driving without license or other action of traffic rules violation;

3.2.2 if Party A has occupational injury for operating instruction violation;

3.2.3 if Party A dies or loses total incapacity for personal disease or other unknown causes;

3.2.4 Party A or joint habitation person, co-owner of mortgage causes fire on purpose;

3.2.5 Party A is drowned for relevant safety requirement violation;

3.2.6 other situations of Party A causing accident on purpose or due to mistake.

If the obligee fails to raise application within 2 years upon the accrual date of accident death or total incapacity listed above known or shall known, it shall be regarded to give up the right. Party B as the obligee of individual housing commercial loan, within the stipulated period, has the right to raise application on behalf of Party A or other obligee to Party C, Party C shall undertake the debt under the contract on behalf of Party A according to the agreement of contract.

When Party A or the obligee applies for accident debt assumption and the remaining loan principal and interest under the housing commercial loan is above RMB 2000000 (including RMB 2000000), the debt amount undertaken by Party C is limited to RMB 1000000. The remaining debt shall still be paid off by Party A or the obligee, however Party C shall undertake joint and several guarantee according to the appointment of Clause 1 of this article.

3.3 Liquidated damage beard for living loan with special difficulty overdue

Within the effective period of the contract, if Party A (excluding co-borrower and co-owner of mortgage) comes out living with special difficulty for unemployment or for cancer radiotherapy, renal failure hemodialysis expense which causes obligation of repayment hard to be performed, he/she can raise application to Party C and offer certificate of relevant department. After checked by Party C, Party C undertakes the liquidated damage occurred for Party A’s individual housing commercial loan and individual housing provident fund overdue.

4.Liability of guaranty of special situation of housing provident fund loan. When the following situations happen, Party C undertakes the following responsibility of guaranty of Party A’s individual housing provident fund and gives up the right to pursue from Party A;

4.1 All damage of mortgage

Within the effective period of the contract, if the damage of mortgage is caused for the following reasons, from the damage date of the mortgage, Party A has the right to raise written application to Party C and offer certificate of relevant department. After checked by Party C, Party C is responsible to pay off the remaining individual housing provident fund and the generated interest after the damage date of mortgage, and does not pursue from Party A. other than the reason of war or made by Party A on purpose:

4.1.1 Fire and explosion;

4.1.2 Violent storm, rainstorm, thunderstrike, hail, snow disaster, flood, tsunami,

tornado, sudden collapse of ground;

4.1.3 Drop of air flier.

The unpaid principal and interest of individual housing provident fund of Party A, default interest and the liquidated damage before the damage date of mortgage shall be responsible to be paid off by Party A, however Party C shall undertake the joint and several guarantee according to the appointment of Clause 2 of this article.

If Party A borrows the individual housing provident fund and the all damage of mortgage shall be repaid by the third party, the scope of liquidation of Party C shall be the difference of Party A’s principal and interest of the remaining individual housing provident fund; when Party A applies Party C to undertake the debt which fails to be repaid, Party C shall pay off and obtain the right to pursue, Party A shall assist to pursue.

When Party A borrows individual housing commercial loan and individual housing provident fund at the same time and all damage of mortgage shall be paid off by the third party, Party A or Party B shall raise claim to the insurance company within the scope of balance of individual housing commercial loan. The claim shall firstly be used to pay the principal and interest of the individual housing commercial loan under the contract and relevant expenses; when the insurance fund fails to pay off all debts of borrower under the contract, Party A shall actively ask the third party to compensate.

4.2 Accident death or total incapacity of Party A

Within the period of individual housing provident fund, if Party A (excluding co-borrower and co-owner of mortgage) dies for accident or loses labor capacity which causes failing to perform or incompletely perform the responsibility of repayment for continuous three months, Party A and the bearer of the rights and obligations can raise written application and offer certificate of relevant department. After checked by Party C, Party C undertakes the remaining loan principal and interest of the remaining individual housing provident fund of Party A from the date of accident death or total incapacity (however the maximum shall not exceed RMB 1000000) and never pursue from Party A.

Party A’s unpaid individual housing provident fund principal and interest and liquidated damage before the date of accident death or total incapacity of Party A or the part which Party A’s remaining individual housing provident fund principal and the generated interest exceeding RMB 1000000 after the date of accident death or total incapacity of Party A shall still be repaid by Party A or the bearer of the right and obligation, however Party C shall undertake the joint and several guarantee according to the appointment of Clause 2 of this article.

The accident in the contract refers to car accident, occupational injury, fire or drowning, however excluding the accidents caused for the following situation:

4.2.1 if Party A has car accident for drunk drinking, driving without license or other action of traffic rules violation;

4.2.2 if Party A has occupational injury for operating instruction violation;

4.2.3 if Party A dies or loses total incapacity for personal disease or other unknown causes;

4.2.4 Party A or joint habitation person, co-owner of mortgage causes fire on purpose;

4.2.5 Party A is drowned for relevant safety requirement violation;

4.2.6 other situations of Party A causing accident on purpose or due to mistake.

If the obligee fails to raise application within 2 years upon the accrual date of accident death or total incapacity listed above known or shall known, it shall be regarded to give up the right.

4.3 Liquidated damage beard for living loan with special difficulty overdue

5.If A or the bearer of the right and obligation applies to undertake all damage of mortgage to Party C, debts of accident death or total incapacity and liquidated damage beard for living loan with special difficulty overdue according to the appointment of the contract, Party C shall check the applied matters, make decision on whether to undertake debt and inform the applicant in written form within 60 workdays upon the application of debt acceptance.

6.If all damage of mortgage, accident death or total incapacity of Party A happens, the fund with the responsibility of guaranty undertaken by Party C shall be directly transferred into the loan account of Party A opened in Party B to reduce the loan. Article 31 Guarantee Fee

If the individual housing commercial loan or the individual housing provident fund borrowed by Party A is guaranteed by Party C according to the appointment of the contract, Party A shall pay guarantee fee to Party C according to the loan amount and corresponding loan period. Within the effective period of the contract, if the standard of the guarantee fee is adjusted, the guarantee fee of the contract shall not be adjusted. If Party A repays all the individual housing commercial loan and individual housing provident fund in advance, he/she can apply to return part of the guarantee fee to Party C by the certificate of loan principal and interest repaid in advance. Party C shall return the guarantee fee to Party A according to the principles of risk decrease by degree and returning the paid within 5 workdays after acceptance.

When Party A applies to return part of the guarantee fee to Party C, Party C shall collect poundage from Party A according to 5% of the returned guarantee fee. If Party A pays off the insurance within one year after the loan is issued, Party C shall collect poundage from Party A according to 10% of the returned guarantee fee.

Chapter 8 Main Rights and Obligations

Article 32 Main Rights of Party A

1.To have the right to obtain corresponding individual housing commercial loan, individual housing provident fund according to the appointment of the contract.

2.Under the condition of normal condition, to have the right to live in the mortgaged

real estate. Except all the debts under the contract repaid by the transferee, without the written approval of Party B, Party A shall not transfer the mortgaged real estate or dispose for other purpose.

Without the approval of mortgagee, the mortgagor shall not reset all or part of the mortgage under the contract, nor dispose whole or part of the mortgage by the means of exchange, donation, foreign investment, usage of mortgage change and so on.

3.After all the loan and other payable fund are paid, to have right to get other relevant document like original of insurance policy and handle mortgage registration cancellation procedure.

4.To have the right to know, consult, understand relevant matters about individual housing loan from Party B.

5.Debt exemption of all damage of mortgage

See Article 30 of the contract.

6.Debt exemption of accident death or total incapacity

See Article 30 of the contract.

7.Deduction and exemption of liquidated damage with special living difficulty

See Article 30 of the contract.

Article 33 Main Obligations of Party A

1.Party A (including main borrower and co-borrower) shall perform the obligation of repayment according to the agreement of contract.

2.When the mortgage needs to be rented, Party A shall agree with the tenant in the lease contract: if the leaser violates the Individual Housing Loan Guarantee Contract while the house is disposed by the mortgagee, the tenant shall move our or purchase the mortgage within 30 days upon the issuing date of the letter.

3.Party A shall coordinate with the mortgagee (Party B or Party B and C) to check the mortgage through reasonable method.

4.If the mortgage is disposed by mortgagee (Party B or Party B and C) for the agreed matters in the contract happened, Party A shall move out the mortgaged real estate under the contract unconditionally, arrange the living matter and accept the enforcement measure of judicial office unconditionally.

5.Party A and co-owner of mortgage shall inform Party B and Party C in written form within 10 days upon the date of occurrence of the following situations:

5.1 When the mortgage is listed into the scope of removal;

5.2 To sell, transfer, donate, dispose and purchase other house, car, antique or other valuables other than the mortgage, or transfer, donate and dispose the large securities, deposit of the principal and the family member;

5.3 The mediation, litigation, arbitration, claim, compulsory execution or administrative measure happens which has difficulty or negative influence on Party A’s normal obligation of repayment;

5.4 The marital status and family income of Party A or family members have significant change or the family has significant misfortune;

5.5 Party A has any dispute on the mortgage with the third person;

5.6 Other matters which can endanger Party A’s repayment ability.

6.To offer necessary materials for Party B’s loan, including certificate of income,

personal income tax receipt, certificate of deposit, statement of dependant, all house list and so on truthfully, and guarantee all the materials offered are true, valid and complete.

7.To coordinate with Party B to check the credit status.

8.If the loan under the contract is thought to be invalid, Party A shall still undertake liability for damage within the scope of mortgage value.

9.Not to conceal other situations like serious disease, major debt of the principal and the family member which can endanger Party B’s creditor’s right.

10.Without the written approval of Party B, Party A shall not give security to the external, or offer guarantee or pledge by the asset of the principal and family member.

11.If the mortgage is sealed or detained for any reason, it shall inform Party B immediately.

12.When the personal basic situations like address, current address, contact information, work unit, unit address, post, business nature of unit change, it shall inform the obligee within 10 days after the change at latest, and offer relevant materials.

13.If Party A purchases the commodity house by loan, he/she shall apply for the registration of the house ownership listed in the contract within 3 months upon the registration date of the real estate, and assist Party B to change Shanghai Real Estate Registration Certificate (Advance-notice Registration) (Commodity House for Advance Sales Mortgage) into Shanghai Real Estate Registration Certificate (Other Rights) if necessary.

14.After the loan is issued, Party A and developer or transferor of the house reach agreement if the developer or transferor of the house return part of the housing fund of Party A, Party A shall inform Party B in written form in time and return the loan under the loan principal appointed in Article 55 of the contract to Party B in advance according to proportion of received refund in the total housing price.

Article 34 Main Rights of Party B

1.To have the right to check the validity and authenticity of the materials and documents offered by Party A.

2.To have the right to inquire and authenticate the mortgage offered by Party A.

3.To have the right to check the service condition of loan.

4.To have the right to dispose the mortgage appointed in the contract and obtain priority of compensation.

5.To have the right to ask Party C and Party D to undertake responsibility of guaranty according to the requirement of the contract.

6.If the set mortgage is damaged or lost accidentally, and the action of Party A or co-owner of mortgage leads to the decrease of mortgage value which influence the liquidation of the debt under the loan, to have the right to ask Party A increase guarantee, re-offer guarantee or recover the value of mortgage.

7.To have the right to supervise Party D’s asset and financial condition, ask Party D to offer financial statement truthfully.

8.To have right to be the first beneficiary of insured house.

Article 35 Main Obligations of Party B

1.. To issue the loan according to the appointment of the contract.

2.To keep the original of insurance policy properly, if loss or damage, Party B makes up; if any damage, Party B shall undertake responsibility.

Article 36 Main Rights of Party C

1.To have the right to check the validity and authenticity of the materials and documents offered by Party A.

2.To have the right to inquire and authenticate the mortgage offered by Party A.

3.To have the right to dispose the mortgage appointed in the contract and obtain priority of compensation.

4.If the set mortgage is damaged or lost accidentally, and the action of Party A or co-owner of mortgage leads to the decrease of mortgage value which influence the liquidation of the debt under the loan, to have the right to ask Party A increase guarantee, re-offer guarantee or recover the value of mortgage.

Article 37 Main Obligations of Party C

1.To undertake responsibility of guaranty according to the scope appointed in the contract.

2.If Party A or other bearer of rights and obligations applies for debt exemption according to the appointment of the contract, Party C shall check the application within 60 workdays upon the application date of debt exemption, makes decision on whether to exempt the debt and inform the applicant in written form.

3.To accept Party B’s delegation to offer overdue collection management service of the issued loan according to the contract. Party C shall communication with Party B on the management.

Article 38 Main Rights of Party D

After undertaking the responsibility of guaranty according to the contract, Party D has the right to pursue of recovery from Party A.

Article 39 Main Obligations of Party D

Within the guarantee period of Party D, if the situation listed in Article 43 of the contract happens, Party D shall perform responsibility of guaranty to Party B within 5 workdays after receiving the Notice on Responsibility of Guaranty Performance issued by Party B.

Chapter 9 Responsibilities for Breach of Contract

Article 40Responsibilities for Breach of Contract of Party A

1.If Party A fails to use the loan according to the usage appointed in the contract, it shall be regarded as to divert loan, Party B has the right to announce the all the loans under the contract to be mature in advance and collect default interest according to financial regulatory regulations.

2.After the loan under the contract is mature, if Party A (including main borrower and co-borrower) fails to liquidate the loan principal and interest and other relevant expenses according to the agreement of the contract, Party B shall collect default interest according to the interest rate stipulated in Article 64 of the contract from the overdue date of the loan.

3.During the performance period of the contract, if Party A (including main borrower

and co-borrower) fails to return the loan principal and interest within the repayment date, Party B shall collect interest according to the loan interest rate in Article 59 of the contract for the loan balance and collect compound interest according to the interest rate in Article 64 of the contract.

4.If Party A fails to pay loan interest within the grace period, Party B shall collect compound interest for the unpaid interest of Party A according to the interest rate in Article 59 of the contract. When Party A fails to pay the interest for continuous 2 periods or 3 periods, Party B has the right to cancel the grace period. Party A shall repay the principal and interest according to the principal and interest repayment listed in Article 60 of the contract on 20th of each month from the next month of cancellation and afterwards.

5.If the loan under the contract is mature or the loan is taken back by Party B in advance for breach of contract of Party A (including main borrower and co-borrower), Party A can collect loan principal, interest, default interest and relevant expenses from any account opened in Bank of Shanghai (including branches in each level). Party A gives up right of defense.

Article 41 Responsibilities for Breach of Contract of Party C

If Party C undertake the responsibility of guaranty overdue, he/she shall pay liquidated damage to Party B for the insured debt according to the overdue date and interest rate stipulated in Article 64 of the contract.

If Party C fails to return the guarantee fee according to the agreement of the contract, he/she shall pay pay liquidated damage to Party B for the insured debt according to the overdue date and interest rate stipulated in Article 64 of the contract.

Article 42 Responsibilities for Breach of Contract of Party D

If Party D fails to undertake the responsibility of guarantee overdue, he/she shall pay liquidated damage to Party B for the insured debt according to the overdue date and interest rate stipulated in Article 64 of the contract.

Article 43 All Unpaid Debts Return in Advance

If any one of the following situations happens, Party B has the right to ask Party A (including main borrower and co-borrower) to repay all the individual housing commercial loan and provident fund principal and interest and other payables. Within the period stipulated by Party B, if Party A fails to repay, Party B has the right to dispose the mortgage by law (including but not limited to all debts guaranteed to be repaid firstly by the depreciation of mortgaged real estate negotiated with Party A or the fund obtained for auction or sale) or ask Party D or Party C to undertake responsibility of guaranty according to the appointment of the contract. Party D or Party C shall undertake the responsibility of guaranty according to the appointment of the contract within 5 workdays upon the receiving date of Notice of Responsibility of Guaranty Performance. After undertaking the responsibility of guaranty, Party D or Party C can pursue of recovery from Party A:

1.Party A fails to perform the obligation of repayment for continuous 3 months (3 periods) or accumulative 6 months (6 periods) within loan period (including grace period) (that is Party C perform in place);

2.Party A submits false supporting material, statement of dependant, all house list and