上海浦发银行个人担保借款合同--英文翻译版

No.:SPD BankPersonal Guarantee Loan ContractContract version No.:SPDB201203SPD Bank Personal Guarantee Loan ContractPersonal Guarantee Loan ContractThe borrower:ID certificate type and No.:The lender (the Mortgagee / the pledgee): Shanghai Pudong Development Bank Co., Ltd. BranchThe mortgager (name / designation of natural person or legal person):ID certificate type and No.:The pledger (name / designation of natural person or legal person):ID certificate type and No.:The guarantor (name / designation of natural person or legal person):ID certificate type and No.:Whereas:The borrower applies to the lender for RMB personal loan, in accordance with the relevant laws, rules and regulations of the People's Republic of China, upon consensus through consultation among the parties, the present contract is hereby entered into for mutual observance. Meanwhile, the borrower, the guarantor and the lender hereby confirm that (check with a √ mark and uncheck with a × mark according to the conditions):□ Th e present contract serves as an ancillary business document of the Personal Comprehensive Credit Granting Contract under the number of signed by the borrower and the lender.□ The present contract is an independent business document signed by the borrower, the guarantor and the lender.Part 1 Contract Terms and ConditionsArticle 1 Loan Amount and Purpose1.1 The loan type of the present contract is S1.1A (personal car loan / personal consumption loan / personal business loan / personal credit loan / others: S1.1A), the loan amount is RMB S1.1B Yuan (in words: RMB S1.1C Yuan), and it is used for S1.1D only and shall not be appropriated. The lender has the right to monitor the use of loans.Article 2 Loan Term, Interest Rate and Method for Interest Calculation2.1 The loan term (and the debt performance period) under the present contract is S2.1A (“year(s) and month(s)”), and its start date is expected from the date S2.1B (from MM DD YY to MM DD YY). The actual loan start date is subject to the date recorded on the loan receipt.2.2 The value date of the loan under the present contract is the date of loan release. The method for interest calculation is as follows: the loan interest will be calculated on a daily, monthly and yearly basis. The calculation methods of full-year, full-month and full-day shall be adopted for loan interest. If full-year, full-month and full-day cannot be reached, the last day at the end of end is the full-day. If the loan period comes to the completion of year, the interest shall be calculated as per annual interest rate; if the loan period comes to the completion of month, the interest shall be calculated as per monthly interest rate; if the loan period covers full year (month) and remnant days, the interest of the part of full year (month) shall be calculated as per yearly (monthly) interest rate, and the interest of the remnant days shall be calculated according to the actual number of days. The formula of computation is as follows:For the full year and full month: Interest = principal × period (the number of year(s) or month(s)) × yearly or monthly interest rate;For the full year (month) and remnant day(s): Interest = principal × [period (the number of year(s) or month(s)) × yearly or monthly interest rate + the number of remnant day(s) × daily interest rate] 2.3 Except otherwise specified by the both parties, the date of settlement of the loan interest under the present contract is the repayment date for each period agreed in the present contract.2.4 The loan interest rate under the present contract can adopt the floating interest rate, fixed interest rate or quasi-fixed interest rate, and actually adopts the method: S2.4A;□ Floating interest rateIt shall be executed according to the benchmark loan interest rate and floating range published by the People's Bank of China in the corresponding period. The loan interest rate under the present contract is S2.4A – 1 – 1 (“□ above □ below %”) on the basis of the benchmark loan interest rate published by the People's Bank of China in the corresponding period. If the People's Bank of China adjusts the benchmark loan interest rate within the loan period, then, since the time that the contract loan interest agreed in the present contract is adjusted, the new contract loan interest rate will be executed after the floating according to the above said floating proportion on the basis of the new loan benchmark interest rate.The benchmark loan interest rate of the People's Bank of China in the corresponding period while signing the present contract is: S2.4A –1 –2 (“% (annual interest rate)”). The executed interest rate is determined according to the benchmark loan interest rate on the actual date of loan release regulated by the People's Bank of China in the corresponding period as well as the floating proportion under the present contract. Monthly interest rate = annual interest rate / 12, daily interest rate = annual interest rate / 360, and the interest rate per period = annual interest rate × the number of the month(s) of each period / 12.If the benchmark loan interest rate regulated by the People's Bank of China is adjusted within the loan period, then the contract interest rate shall be adjusted accordingly as per the S2.4A – 1 – 3 method:□ Adjustment by year, and interest accrual by stage. That is, the new interest rate will be executed according to the benchmark loan interest rate regulated by the People's Bank of China as well as the floating proportion stipulated under the present contract as of the first calendar day of the next calendar year after the interest rate adjustment.□ No interest rate adjustment, and no interest accrual by stage.□ Others: S2. 4A – 1 – 3□ Fixed interest rateIt shall be executed according to the fixed loan interest rate and floating range stipulated by Shanghai Pudong Development Bank in the corresponding period. The loan interest rate under the present contract is S2.4A – 2 – 1 (“□ above □ below %”) on the basis of the fixed loan interest rate published by Shanghai Pudong Development Bank in the corresponding period. If the People's Bank of China adjusts the benchmark loan interest rate or Shanghai Pudong Development Bank adjusts the fixed interest rate applicable to this business within the loan period, then the interest rate executed in the present contract will not be adjusted. The fixed interest rate of the corresponding period while signing the present contract is: S2.4A – 2 – 2 (“% (annual interest rate)”). The executed interest rate is determined according to the fixed loan inte rest rate on the actual date of loan release published by the People's Bank of China in the corresponding period as well as the floating proportion under the present contract. Monthly interest rate = annual interest rate / 12, daily interest rate = annual interest rate / 360, and the interest rate per period = annual interest rate × the number of the month(s) of each period / 12.□ Quasi-fixed interest rateFixed interest rate will be executed for S2.4A – 3 – 1 (“month(s), estimated till MM DD YY) from the date of loan release. That is, it will be executed according to the fixed loan interest rate and floating range stipulated by Shanghai Pudong Development Bank in the corresponding period (the loan period is from the date of loan release till the date of expiry of the contract). The loan interest rate under the present contract is S2.4A – 3 – 2 (“□ above □ below %”) on the basis of the fixed loan interest rate published by Shanghai Pudong Development Bank in the corresponding period. If the People's Bank of China adjusts the benchmark loan interest rate or Shanghai Pudong Development Bank adjusts the fixed interest rate applicable to this business within the loan period, then the interest rate executed in the present contract will not be adjusted. The fixed interest rate of the corresponding period while signing the present contract is: S2.4A – 3 –3 (“% (annual interest rate)”). The executed interest rate is determined according to thefixed loan interest rate on the actual date of loan release published by the People's Bank of China in the corresponding period as well as the floating proportion under the present contract. Monthly interest rate = annual interest rate / 12, daily interest rate = annual interest rate / 360, and the interest rate per period = annual interest rate × the number of the month(s) of each period / 12. After the expiry of the fixed interest rate, i.e., S2.4A – 3 – 4 (from MM DD YY to MM DD YY), a floating interest rate will be executed. That is, it shall be executed according to the benchmark loan interest rate and floating range stipulated by the People's Bank of China in the corresponding period (the loan period is calculated from the date of the loan release). The loan interest rate under the present contract is S2.4A – 3 – 5 (“□ above □ below %”) on the basis of the benchmark loan interest rate published by the People's Bank of China in the corresponding period. If the People's Bank of China adjusts the benchmark loan interest rate during the period, then, since the time that the contract loan interest agreed in the present contract is adjusted, the new contract loan interest rate will be executed after the floating according to the above said floating proportion on the basis of the new loan benchmark interest rate. Therein, monthly interest rate = annual interest rate / 12, daily interest rate = annual interest rate / 360, and the interest rate per period = annual interest rate × the number of the month(s) of each period / 12. If the borrower needs to continue adopting the fixed interest rate to calculate the interest, then the borrower shall propose a separate application to the bank.If the benchmark loan interest rate regulated by the People's Bank of China is adjusted during the period of executing the floating interest rate, then the contract interest rate shall be adjusted accordingly as per the S2.4A – 3 – 6 method:□ Adjustment by year, and interest accrual by stage. That is, the new interest rate will be executed according to the benchmark loan interest rate regulated by the People's Bank of China as well as the floating proportion stipulated under the present contract as of the first calendar day of the next calendar year after the interest rate adjustment.□ No interest rate adjustment, and no interest accrual by stage.□ Others: S2.4A – 3 – 62.5 If the borrower fails to repay the loan principal and interest of the current period in full on schedule as required, it will be regarded as overdue, and the lender will have the right to charge penalty interest in accordance with the relevant provisions of the People's Bank of China (see also the relevant contents of Article 12 of the present contract).Article 3 Conditions on the borrower’s Money Withdrawal3.1 Unless agreed by the lender, the lender will have no obligation to release the loan under the contract to the borrower until the following conditions are fully met and satisfactory to the lender in terms of form and content:3.1.1 The borrower has submitted all the documents and data as required by the lender and obtained the approval of the lender.3.1.2 The present contract and its relevant annexes have been legally signed and entered into force.3.1.3 The guarantee rights or similar priority rights have been legally established and entered into force (if any): for the loan guaranteed by means of mortgage, its insurance and mortgage registration procedures have been completed, and the collateral registration voucher, ownership voucher, mortgage right voucher / other right voucher, and insurance policy original copy have been delivered to the lender for possession; for the loan guaranteed by means of pledge, the pledge object has been delivered to the lender for possession; for the pledge act requiring handling with registration procedures according to the law, the registration has been completed.3.1.4 A compulsory notarization has been processed by the notarization office approved by the lender for the present contract and the guarantee documents related with the present contract as well as other files (if the lender requires).3.1.5 The borrower has opened a bank account for money withdrawal, interest payment, expense payment, repayment and etc. as required by the lender.3.1.6 Other conditions proposed by the lender.3.2 Notwithstanding the provisions of the preceding paragraph, the establishment of the above conditions for money withdrawal does not represent that the lender necessarily has the obligation to release the loan when the above conditions are meet. The lender may suspend, and reduce or cancel the release of the loan and notice the borrower under the circumstances that the lender needs to adjust and increase the conditions for the loan release according to its own limits due to the changes of law, rules and regulations as well as policies or the restrictions of the government’s macro currency policies or financial regulatory policies or that other major incident change occurs; and moreover, if the lender release the loan when the above said conditions are not fully met, it will not constitute a defect of the lender’s performance of contract.Article 4 Loan Release and Payment4.1 The borrower agrees the lender to pay the loan money according to the payment method of S4.1A:□ 4.1.1 Method of payment by the lender upon authorizationIt means that the lender pays the loan money to th e borrower’s transaction objects which are compliant with the purpose agreed in the present contract according to the borrower's application for money withdrawal request and payment authorization. The specific loan payment provision is S4.1A – 1:□ The bo rrower has opened a special account for loan. The borrower authorizes the lender to transfer the loan money to the special account for loan opened by the borrower at the place of the lender when the conditions for loan release are met. The account No. of the special account is S4.1A – 1 – 1. The above said transfer act of the lender is the money withdrawal of the borrower. The borrower can only transfer the loan money under the present contract in the special account for loan, to the account of its transaction object that the borrower applies for to the lender under the present contract and supplementary change agreement and the lender approves and agrees to bind with the special account for loan payment.If the borrower has not yet determined the information on the binding paid transaction object when entering into the present contract, or needs to change the information on the binding paid transaction object after entering into the present contract, the borrower shall specify it by signing a supplemental agreement or alteration agreement with the lender. The amount that the borrowertransfers to any binding paid transaction object shall conform to the agreement between the both parties, and the entire total amount that the borrower transfers to all the binding paid transaction objects shall not exceed the total loan amount of the present contract. The borrower agrees that, according to the provisions and requirement of the lender, the borrower shall use the loan money which will not be used any more in the special account for loan to make early repayment of the loan under the contract. When the present contract is entered into, the information on the transaction object which is bound with the special account for loan payment is as follows:(1) The name of the transaction object is S4.1A – 1 – 2, and its account No. / passbook No. / card No. is S4.1A – 1 – 2, its account bank is S4.1A – 1 – 2, and its payment amount shall be not more than (currency & amount) S4.1A – 1 – 2;(2) The name of the transaction object is S4.1A – 1 – 2, and its account No. / passbook No. / card No. is S4.1A – 1 – 2, its account bank is S4.1A – 1 – 2, and its payment amount shall be not more than (currency & amount) S4.1A – 1 – 2;(3) The name of the transaction object is S4.1A – 1 – 2, and its account No. / passbook No. / card No. is S4.1A – 1 – 2, its account bank is S4.1A – 1 – 2, and its payment amount shall be not more than (currency & amount) S4.1A – 1 – 2;(4) S4.1A – 1 – 2 . □ The borrower has not opened a special account for loan. The borrower authorizes the lender to transfer the loan money to the accounts of the following transaction objects which confirm to the purpose agreed in the present contract when the conditions for loan release are met. The payment condition is that the borrower offers transaction contracts or other related transaction materials and certificates and the lender examines and approves them. The act that the borrower authorizes the lender to pay the loan money to the accounts of the following transaction objects means the borrower’s payment authorization. The above said payment act of the lender is the money withdrawal of the borrower:(1) The name of the transaction object is S4.1A – 1 – 2, and its account No. / passbook No. / card No. is S4.1A – 1 – 2, its account bank is S4.1A – 1 – 2, and its payment amount shall be not more than (currency & amount) S4.1A – 1 – 2;(2) The name of the transaction object is S4.1A – 1 – 2, and its account No. / passbook No. / card No. is S4.1A – 1 – 2, its account bank is S4.1A – 1 – 2, and its payment amount shall be not more than (currency & amount) S4.1A – 1 – 2;(3) The name of the transaction object is S4.1A – 1 – 2, and its account No. / passbook No. / card No. is S4.1A – 1 – 2, its account bank is S4.1A – 1 – 2, and its payment amount shall be not more than (currency & amount) S4.1A – 1 – 2;(4) S4.1A – 1 – 2 .If the borrower is not yet able to determine the specific transactions object information when signing the present contract, then the borrower shall file an Application Form for Payment by the Lender upon Authorization (see the annex for its format) to the lender 3 working days prior to the payment date after the conclusion of the present contract, and the lender will pay the loan money to the borrower’s transaction objects according to the amount applied for payment after the examination and approval of the lender. The payment condition is that the borrower offers transaction contracts or other related transaction materials and certificates and the lender examines and approves them. The act that the borrower authorizes the lender to pay the loan money to the accounts of the following transaction obj ects means the borrower’s payment authorization. Theabove said act of the lender’s payment to the borrower’s transaction objects according to the borrower’s application for payment is the money withdrawal of the borrower.□ 4.1.2 Method of payment by the borrower himselfIt means that the lender directly releases the loan money to the borrower's account according to the borrower’s application for money withdrawal and then the money will be paid by the borrower himself to the borrower's transaction objects which meet the purpose agreed in the present contract. That is, the borrower authorizes the lender to transfer the loan money to the account No. / passbook No. / card No. S4.1A –2 account opened by the borrower at the place of the lender when the conditions for loan release are met, and then, the money will be paid by the borrower himself to the borrower's transaction objects which meet the purpose agreed in the loan contract. The above said transfer act of the lender is the money withdrawal of the borrower. The borrower promises that, the borrower will regularly report to the lender or inform the lender of the information on the payment of the borrower’s loan money.4.2 If the lender still cannot release the loan under the present contract upon expiry of 90 days after the signature of this contract due to the reasons of the borrower, the lender will have the right to unilaterally terminate this loan contract.4.3 Any disputes with others, arising out of the borrower’s using the loan money after the release of the loan, will have nothing to do with the lender, and this loan contract shall be normally executed.Article 5 Repayment5.1 The repayment method is: S5.1A:For the loan period is less than one year (inclusive of one year), one of the following repayment methods can be selected (please select it by ticking the appropriate box):□ Repayment of the principal and interest in a lump sum upon its expiry, with the interest to be paid off together the principal (see Article 2 of the present contract for the method for interest calculation).□ Repayment of interest by installment, and repayment of the principal in a lump sum upon its expiry (interest per period = the remaining loan principal at the beginning of the period × interest rate per period).□ Ot her repayment method: S5.1AThe "period" in the above formula refers to the S5.1A – 1 month(s) (for example: if the repayment is made on schedule on the basis of taking every 2 months as a period, then here shall be filled in with “2”, and the number filled in shall not be more than 12 months); the re payment date of each period is S5.1A – 2.For the loan period is more than one year (exclusive of one year), one of the following repayment methods can be selected (please select it by ticking the appropriate box):□ Adopt the method of matching the repaym ent of principal and interest.The amount of repayment of principal and interest for each period = loan principal × interest rate per period + loan principal ×interest rate per period ÷ [(1+ interest rate per period) total repayment periods– 1]□ Adopt t he method of matching the principal repaymentThe amount of repayment of principal and interest for each period = loan principal ÷total repayment periods + (loan principal – the accumulative repaid principal amount) × interest rate per period□ Other repa yment method: S5.1AThe "period" in the above formula refers to the S5.1A – 1 month(s) (for example: if the repayment is made on schedule on the basis of taking every 2 months as a period, then here shall be filled in with “2”, and the number filled in shall not be more than 12 months); the repayment date of each period is S5.1A – 2.5.2 The borrower who repays the loan by installment shall start repayment from the agreed repayment date of the next month (the Gregorian calendar) after the actual release of the loan. The specific calculation method for the initial loan repayment interest of the next month after the actual release of the loan is as follows: if the days of actual occupation of the loan during the period from the date of actual release of the loan to the agreed repayment date of the next month are less than one period, then the initial loan repayment interest will be determined by the days of actual occupation of the loan according to the method for interest calculation in Article 2.2 of the present contract; if the days of actual occupation of the loan during the period from the date of actual release of the loan to the agreed repayment date of the next month are more than one period, then the initial loan repayment interest will be calculated respectively according to the interest repayable for one period and the interest repayable for the part of those which are more than on period; therein: the interest repayable for one period shall be calculated in accordance with the agreed repayment method, and the interest repayable for the part of those which are more than on period shall be determined by the days of actual occupation of the loan according to the method for interest calculation in Article 2.2 of the present contract; if the days of actual occupation of the loan during the period from the date of actual release of the loan to the agreed repayment date of the next month are equal to one period, then the initial loan repayment interest will be determined by the interest repayable for the current period calculated according to the agreed repayment method.5.3 The borrower shall, before the zero clock of each date of repayment of principal and interest agreed in the present contract, deposit the loan principal and interest in full into the loan repayment account (settlement account) opened by the borrower at the place of the lender. The bank card No. or all-in-one current account No. of the loan repayment account is S5.3A. The borrower hereby irrevocably authorizes the lender to withhold the due loan principal and interest repayable from the said deposit account on its own initiative.5.4 If requiring to change the loan repayment account during the loan period, the borrower must file an application to the lender in advance and sign a new agreement on authorization for withholding after the consent of the lender and specify the start date of the new loan repayment account before its implementation.5.5 If the deposit account which the borrower authorizes the lender to withhold from is an overdraft account, then the borrower hereby irrevocably further authorizes that, when the deposit balance in the said account is insufficient to pay back the loan principal and interest of the current period, the lender may withhold the loan principal and interest of the current period by means ofoverdraft within the range of the allowable overdraft amount, and the borrower shall bear the overdraft principal, interest and the related costs arising therefrom.5.6 The borrower shall repay the loan principal and interest on schedule. If the borrower fails to repay the due loan principal and interest in full on schedule as required, the lender will have the right to withhold the outstanding and due principal, interest, default interest and the related costs (including attorney fee, litigation fee, auction fee, and other fees for realization of the creditor’s rights) from part or all of the accounts that the borrower opened at the place of the lender and the other business offices of the lender’s head office system.5.7 If the loan repayment is overdue, then overdue default interest of the outstanding loan principal and interest shall be paid together with the repayment of the overdue loan principal and interest, and the lender will have the right to charge a compound interest for the interest unpaid by the borrower.5.8 Except the circumstance of adopting a fixed interest rate, if the lender adjusts the amount of repayment of the principal and interest for each period due to by the interest rate adjustment factor of the People's Bank of China, the borrower shall unconditionally execute it.5.9 If repaying the loan in advance, the borrower shall obtain prior written consent of the lender. Without written consent of the lender, the borrower shall still repay the loan principal and interest in accordance with the period specified in the contract.5.10 If the borrower repays part of the loan principal and interest in advance, the loan interest will be still charged for the part of early repayment amount on and before the date of early repayment according to repayment according to the relevant regulations of the present contract, and the charged loan interest will not be calculated and refunded. If the borrower repays all the outstanding loan principal and interest in a lump sum in advance, the lender will have the right to charge the loan interest on and before the date of early repayment according to repayment according to the relevant regulations of the present contract, will not calculate and refund the charged loan interest, and also will not calculate and charge the loan interest after the date of early repayment.5.11 If the borrower repays the loan principal in advance, a default fine will be charged in accordance with the following stipulations:The borrower shall pay a default fine as per S5.11A (“%”) o f the early repayment amount of the loan principal; if the borrower proposes to make early repayment after over S5.11B year(s) of normal repayment, the default fine can be waived.Other provisions on early repayment: S5.11C□ Article 6 Mortgage Guarantee (S6 )6.1 In order to safeguard the realization of the creditor’s rights of the lender (hereinafter referred to as the Mortgagee), mortgage guarantee shall be provided to the lender for the loan principal, interest and relevant cost under the present contract by the mortgager with the property that the mortgager has the right to dispose.6.2 The information on the mortgage object under the present contract is: S6.26.2.1 Mortgage object。