TR购房抵押贷款合同

House Purchasing Mortgage Loan ContractContract No.: An Zi Year 99 No. 11378Borrower (mortgagor): YAO YuejinLender (mortgagee): Agricultural Bank of China Guangzhou Branch Business DepartmentArticle 1 General RulesThe borrower agrees to mortgage the real estate and its rights and interests to apply for house purchasing mortgage loan to the lender for purchasing the house located at No. F, Floor 27, Wanjingge, No. 65, Haizhubandao Garden, Binjiang East Road, Haizhu District, Guangzhou City (Real Esate Certificate / Real Estate Pre-sales Contract No. Sui Fang Di Zheng Zi No. 0539032) and give the lender the first priority of disposal right as guarantee to repay the loan under the contract. The borrower performs all clauses of the contract and is willing to pay the payables to the lender according to regulations of the attached list of the contract, or pay according to other methods designed by the lender. The assessed value of the above house is RMB 484,000.The lender agrees the borrower to mortgage the above real estate and its rights and interest for the loan under the contract, provides house purchasing fund with certain period to the borrower as part of housing fund to purchase the real estate.Article 2 DefinitionIn the loan contract, unless otherwise defined in the contract, the nouns are defined asfollows:I.[Business day] The day the lender opens to public.II.[Debt] All payments the borrower owed the lender under the contract, including the loan principal, interest (including overdue interest) and other relevant fee. III.[Mortgage] General terms of the real estate the borrower purchased by borrowing from the lender and mortgaged and all rights and interests related to the real estate.Article 3 LoanI. Loan amountThe lender lends loan RMB /HKD (in words Two Hundred and Eighty Thousand Only, in figures: RMB / HKD 280,000) to the borrower. Within 7 days after conducting the mortgage registration/ mortgage registration reference, gaining other rights certificate/ mortgage registration reference certificate, the lender shall allocate the above loan in full amount to the deposit account the borrower opened at the lender (account No.: 338700482098), and also transfer the relevant loan amount to the account opened by the house seller in the name of the borrower according to the Payment Authorization Letter the borrower signed in advance.II. Loan termThe loan term is 10 years, from December 1999 to December 2009. The loan under the contract shall be issued within 7 days after the contract is notaried and conducted the mortgage registration/ mortgage registration reference procedures, the lender can adjust the issuing time according to the actual condition, the specific starting and ending time shall be subject to the loan receipt of the contract.III. Loan interestThe loan interest rate is executed according to monthly interest rate 4.65‰, the loaninterest is paid monthly. In the contract period, if the loan interest rate is adjusted by the state, the lender shall adjust according to regulations of national interest rate, the borrower can not propose any objection to this.Article 4 RepaymentI. The borrower shall repay the loan principal and interest monthly according to the terms, payment amount of each term and payment date regulated in the attached list of the contract from the second month of the loan issuing day, if the repayment day is not business day, it shall be postponed to the next business day. The lender has right to adjust repayment terms, payment amount of each term and payment date according to the national regulations; if there is adjustment, the lender shall inform the borrower in written form and the borrower shall repay the principal and interest according to the adjusted repayment terms, payment amount of each term and payment date.II. Both parties agree to calculate the payment amount of each term according to the method of equal amount.1. Calculation formula of progressive decreasingRepayment amount of each month=loan principal/number of months of loan term+(principal-accumulated repaid principal)× monthly interest rate2. Calculation formula of equal amountRepayment amount of each month= [monthly interest rate× (1+monthly interest rate) total loan terms/(1+monthly interest rate) total loan terms -1] × loan principalIII. The borrower shall open deposit account at the lender’s and ensure that the deposit balance is enough to repay the payment amount of the next term, and irrevocably authorize the lender to deduct payment related to the loan under the contract from the account (including the house purchasing fund of the first term)IV. The borrower shall repay to the lender in currency regulated by the contract. If thecurrency type the lender received is differrent from the contract currency for the verdict of the court or arbitration organ, the lender has right to exchange the payment into the contract currency according to the exchange rate of that time, the borrower shall compensate any fees and losses caused by this.V. If the borrower is overdue to pay the principal and interest, the lender has right to charge overdue interest on the borrower according to the national regulations.VI. Under the condition of gaining the consent of the lender, the borrower can conduct prepayment procedures according to the following regulations:1.The borrower can repay part of or all loan principal and interest in advance onrepayment day of each month, the payment repaid in part shall be repaid gradually in reverse order.2.The borrower shall apply in written form to lender 1 month in advance before thescheduled prepayment day and conduct the prepayment procedures after getting the consent of the lender, the application is irrevocable once sent.3.If the borrower repay part of or all payment in advance, he/she can not require todeduct, return the interest balance or get the compensation.Article 5 Breach of contractI. It is breach of the contract if any of the following conditions occur:1. The borrower breaches any clause of the contract;2. Other external loan, guarantee, compensation, promise or other liabilities of the borrower:(1) Ordered to return in advance for breach of contract;(2) Failed to repay on schedule when it expires;3. The borrower loses capacity for civil conduct, is lost or missing, the borrowerconducts merger, division, is purchased or restructured or handles all or most of the property through dissolution, liquidation, bankruptcy, closing down or designting receiver or trustor for the court, governmental organ or any resolution, or its property is supervised for order of the court.4. The real estate, property or possession of the borrower is influenced badly for the threat of distress warrant or injunction and the threat can not terminate completely within 30 days after the occurrence;5. All property or any partial important property of the borrower is or may be confiscated, expropriated and conducted compulsory acquisition (no matter it has value or not), or is damaged;6. The borrower is to be closed down, liquidated or gone out of business for general debt;7. If the operation prospect on busienss or property of the borrower has bad change, which affected its ability to perform the responsibility under the contract;8. The borrower conceals the fact that the mortgage is co-owned, in dispute, sealed, detained or mortgaged;9. The borrower arbitrarily sells, rents, grants, lends, mortgages the mortgage, takes the mortgage in custody or dispose the mortgage in other way without the written consent of the borrower;10. The borrower gives up the mortgaged real estate;11. The borrower has other accidents which are enough to affect its repayment ability. II. If any breach of the contract mentioned in clause 1 of article 5 of the contract occurs, the borrower shall inform the lender immediately in written form. Uncless the above breach of contract accidents have been solved competely and satisfied the lender, or the lender has right to require the borrower to pay off part of or all debts under the contract immediately, or has the right to dispose the mortgaged real estate in the way regulated by the contract. When exercising the above power, if there is losscan not be controlled by the borrower, the lender assumes no responsibility.Article 6 Relevant feesI. Safekeeping fee and cost of materials of house purchasing mortgage loanThe borrower shall pay off the materials safekeeping fee and cost at one time on the contract signing day and truthfully provide materials related to the contract. After signing the contract, if the materials provided by the borrower is not in accordance with the facts, the lender has right to terminate the contract immediately and take back the loan and interest, and the material safekeeping fee and cost collected as agreed will not be returned;II. The notarization fee, mortgage registration fee, cancellation registration fee, fees for renewing real estate certificate and other rights certificate, lawyer fee, intermediary fee and insurance are all paid by the borrower; the lender has right to issue the loan after verifing that the above fees have been paid off.III. If the borrower fails to pay off all payment regulated under the contract as agreed, the lender can collect urgently or decide to claim by any method or way for any reason, all incurred fees (such as dealing with all handling fees, management fees and various insurance fees) shall be assumed by the borrower.Article 7 Real estate mortgage and insuranceI. Mortgage registration/ mortgage registration reference1. The borrower entrusts the lender to conduct the mortgage registration/ mortgage registration reference at the real estate management organ with juridication right by the contract and all certificates related to the real estate ownership;2. The borrower shall deliver the original copy of the real estate certificate document and other relevant documents of the mortgaged real estate to the lender forsafekeeping.II. Insurance of the mortgageThe borrower shall entrust the lender to insure for the mortgaged real estate within the regulated time and list the lender as the first beneficiary; the insurance object is the mortgaged real estate mentioned in the contract; the insurance amount is counted according to the assessment value assessed by the assessment organ recognized by the lender; the insurance term is in accordance with the loan term of the contract; within the loan term, the borrower can not interrupt or cancel insurance for any reason; the original copy of the insurance policy shall be delivered to the lender for safekeeping within the valid period of the contract.III. Termination of the mortgageAfter the borrower paid off all loan principal, interest and other payables under the contract to the lender, the borrower and lender can conduct the mortgage cancellation registration/ mortgage registration reference to relevant real estate management department and terminate the lender’s rights and interets of the mortgage under the contract. The lender shall return all ownership certificates, other relevant documents and receipts related to the mortgaged real estate to the borrower within 30 days.IV. Exercising of mortgage right1. If the borrower fails to pay any payment regulated by the contract, or does not oberve all clauses regulated by the contract or has any breach of contract, the lender can inform the borrower to repay in written form. If the borrower fails to repay relevant debts to the lender according to the notice when the repayment period in the notice expires, the lender can dispose the mortgage by any one of the following way: (1) Can enter, occupy and enjoy all or part of the mortgage or charge rent and income according to law;(2) Can employ the receiver or agent according to law to handle the above matters, and the salary or remuneration shall be assumed by the borrower. The receivor oragent is regarded as agent of the borrower and the borrower shall assume the action and dereliction of the receiver or agent.(3) Dispose according to other ways agreed by relevant department.2. The entrusted receiver has the following rights:(1) Require the tenant to pay the tent or using fee and has right to claim by lawsuit or other ways;(2) The receiver can insure for all or part of, attachments and interior decoration of the mortgage by the collected payment according to the written notice of the lender.3. The lender may have right to send receipt or debit notice to the buyer or tenant, and the buyer and tenant have no need to know the lender’s using after receiving the payment or tent. If there is loss for the improper use of the payment or tent, it has nothing to do with the buyer and tenant.4. When the lender dispose the mortgage according to the above method, the gained payment shall be handled according to the following sequence:(1) Pay relevant fees for disposing the mortgage;(2) Deduct the payable taxes and fees of the mortgage;(3) Repay all debts of the borrower owed the lender.After deducting the above payment, if there is balance, the lender shall deliver the balance to the borrower or other person having right to collect. If the payment gained from selling or renting the mortgage is not enough to repay all payment of the borrower owed the lender under the contract, the lender has right to claim to the borrower according to law.5. When the lender disposes the mortgage according to regulations of the contract, the borrower can not claim compensation.Article 8 Statement and guarantee of the borrowerThe statement and guarantee of the borrower are as follows:I. Guarantee to perform all clauses of the contract as regulated, repay the principal and interest in full amount on schedule.II. Agree to open deposit account at the financial institution designated by the lender, and irrevocably authorize the lender to deduct the principal, interest and all relevant fees related to the house purchasing mortgage loan from the account.II. If part of or all mortgaged real estate is damaged, whatever the reason, no matter whose fault, the borrower shall assume all liabilities and compensaate all incurred losses to the lender. If the insurance company has compensated part of loss of the lender, the borrower only assume the compensation liability for the insufficient part IV. Except the mortgaged real estate is for personal use, without the consent of the lender, the borrower can not sell, rent, grant, transfer, remortgage, offset debts, give up, take in custody, lend part of or all mortgaged real esate under the contract or dispose in other way.V. When renting the mortgaged real estate after gaining the written consent of the lender, the borrower shall sign lease contract with the lessee and prescribe in the lease contract that if the borrower breaches regulations of the contract, the borrower shall move out unconditionally within 30 days after the lender noticed the lessee to move out the mortgaged real estate.VI. Agree the lender and its authorizor to verify the mortgaged real estate in any reasonable time.VII. When the borrower is involved in any lawsuit and abitration having bad effect on him/her, he/she shall inform the lender in written form.VIII. Adopt all measures and sign all relevant documents to ensure its legal rights and interests according to the reasonable requirements of the lender.IX. Inform the lender in written form immediately when changing the telecommunication address.X. Inform the lender in written form immediately when there is any breach of contract mentioned in article 5 of the contract or matters may cause the above matters occurs. XI. The borrower shall pay all taxes and fees on schedule, including real estate fee, and management fee, repairing fee, water fee, electricity fee and other sundry charges charged by relevant departments on the mortgage, observe regulations of management convention and compensate loss of the lender for the borrower’s failure of performing the above matter.XII. If the borrower can not repay on schedule, he/she is willing to directly accept the compulsory enforcement of people’s court with jurisdication right. The contract is endowed with the enforcement effectiveness by the notarizaiton organ after it is notarized.XIII. If the borrower is limited liability company, it shall be company registered accoridng to chinese law and have right to borrow money to purchase the real estate property and perform all rights and obligations of the contract according to regulations of the contract clauses.Article 9 Liability of lenderI. The lender shall provide the loan listed in the contract to the borrower within 7 days after conducting the mortgage registration/mortgage registration reference.II. Check and safekeep ownership certificates and other needed documents related to the mortgage. When the mortgage relationship under the contract is terminated as agreed in clause 3 of article 7 of the contract, the lender shall return the mortgage and the ownership certificate or other documents to the borrower.III. Assist the borrower to gain the renewed real estate certificate of the mortgage as required by the house management department.Article 10 OthersI. For any clauses of the contract, if there is modification, abandon, cancellation or termination, it shall be confirmed by the signing parties in written form.II. If the borrower fails to perform any clause of the contract, the lender has no need to inform the borrower in advance and can deduct other payment the borrower deposited at the lender’s to offset the debts.III. The document correspondance between the borrower and lender and the notice, requirement related to the contract shall be conducted in written form. When the telegraph or telex the lender issued to the borrower is sent, 7 days after the letter is mailed out, and any letter send by individual is sent, it is regarded as delivering to the opposite party.IV. The lender has right to transfer the creditor’s right under the contract to others, the borrower shall continue to perform the liability under the contract to the transferee of rights and obligations of the lender.V. Without the consent of the lender, the borrower has no right to transfer the responsibility and obligation under the contract to others. If the borower occurs inheritance or has receiver, the inheritor or receiver shall continue to perform the liability under the contract to the transferee of rights and obligations of the lender. VI. If the contract can not be performed for the reason except intention of all parties, the lender has right to terminate the contract and claim the owed money to the borrower.VII. The lender only needs to provide the owed receipt or certificate (except the miscalcualtion) issued by the lender when asking for debts from the borrower, which can be regarded as repayment receipt of the borrower, the borrower has no objection to this.VIII. If the lender fails to issue the loan for the borrower’s reason or force majeure,the lender assumes no responsibility to this and relevant collected fees are not returned.VIX. The lender mentioned in the contract also includes transferee of the lender; the borrower also includes the inheritor ad receiver of the borrower agreed by the lender. X. The illegality, invalidity and non-performance of any clause of the contract or any part do not affect the validity of other clauses, the borrower shall still perform all repayment liabilities.Article 11 Applicable laws and settlement of disputesI. The formulation, interpretation and settlement of disputes of the contract are all applicable to the law of the people’s Republic of China and safeguarded and restricted by the law of the people’s Republic of China.II. Under the condition that the borrower breaches the contract or there is dispute, the lender has right to recover the borrower’s liability by the way of arbitration or lawsuit. III. If the borrower is from overseas or Hongkong, Mcao or Taiwan District, or is resident of these districts, the lender has right to execute the lender’s power within the contract at the address or residence of the borrower, timely claim to the borrower, including arbitration, lawsuit and execute verdict of arbitration and lawsuit. If the lender exercises the mentioned power at the above district, the borrower shall admit that the contract is protected by the laws of these districts and propose no objection. If any clause in the contract is regarded as invalid in these districts, it does not affect the legal effect of the contract.IV. Within the period before the disputes are settled, except the disputed matters, all parties shall continue to perform other clauses regulated by the contract.V. Under the condition that the borrower breaches the contract or there is dispute, the lender has right to bring a lawsuit to the people’s court where the contract signing place is located, or apply for arbitration to the contract arbitration institution wherethe contract signing place is located.Article 12 Supplementary articlesI. The contract officially takes into effect after signed and sealed by both parties, notarized by notary organ and after the real estate management department conducted mortgage registration /mortgage registration reference procedures. The valid period is until the borrower pays off all payments and conducts the mortgaged real estate cancellation procedures.II. The attached list of the contract is an inseparable part of the contract.III. The contract is written in chinese in quadruplicate with the same legal effect. The borrower and lender hold one copy respectively, the notary organ and real estate management department keep one copy respectively for reference.IV. All parties of the contract have read and agreed to observe all clauses of the contract, and it is certified by the following seals:Signature of borrower (mortgagor): YAO Yuejin (signature)Signature of lender (mortgagee): unclear (signature)Legal representative or authorized representative (signature): Agricultural Bank of China Guangzhou Branch Business Department (special seal for loan contract)November 25, 1999Contract signing place: Guangzhou City Dongshan District。