Real estate mortgage loan contract
Property mortgage loan contract mortgagee: ________________________________________________
Address: ____________ Postal Code: ____________ Telephone: ____________
Legal representative: ____________ Position: ____________
Mortgagor:________________________________________________
Address: ____________ Postal Code: ____________ Telephone: ____________
Legal representative: ____________ Position: ____________
Mortgage property address: ____________ Postal code: ____________ Telephone: ____________
Property Purchase Contract for Mortgage Interest: Purchase House ____ Word No. ________ Article 1 General The mortgagee and the mortgagor will sign the mortgage contract with the guarantor on ____________________ The mortgagor agrees to pledge to the mortgagee with the entire interest in the real estate sale and purchase contract entered into with the guarantor on ____________________________________________________________________________________________________________________ Immediately after issuing the check-in notice, the property will be mortgaged, and the property will be mortgaged to the mortgagee, giving the mortgagee the first priority mortgage and willing to perform all the terms of this contract. The mortgagee agrees to accept the pledgee's entire interest in the above-mentioned real estate sale and purchase contract and the real estate property under the real estate sale and purchase contract as the collateral for the loan under this contract, and accepts the guarantor's guarantee liability for the loan under this contract, the mortgage The person provides the mortgager with a regular mortgage loan as part of the mortgage purchase of the mortgaged property. After the tripartite consultation, the specific contract shall be complied with.
Article 2 Interpretation In this loan contract, the following terms are defined as follows, except as otherwise defined in the contract:
“Business Day”: The date on which the mortgagee is open for business.
“Arrears”: All payments owed by the mortgagor to the mortgagee, including principal, interest and other related expenses.
“The entire equity of the real estate sale and purchase contract”: refers to all the rights and interests that should be owned by the “real estate sale and purchase contract” signed by the mortgagor and the guarantor.
“Construction period of real estate property”: Before the date of the check-in notice issued by the selling unit, it is regarded as the construction period of the real estate property.
Article 3 Loan Amount 1. Loan Amount: RMB ____ yuan;
All returned funds cannot be withdrawn.
2. The mortgagor hereby irrevocably authorizes the mortgagee to deposit all the above loan amount in the name of the mortgage purchaser and deposit it in the account of the sales unit.
Article 4 The loan term shall be ____ years from the date of the mortgagee's loan. Upon expiration, the mortgagor shall repay the principal and interest of the loan, but within the time limit, if the mortgagor breaches the contract, the mortgagee may notify the mortgagor to return or stop the payment or reduce the loan amount at any time according to the actual situation, and the mortgagor shall perform immediately. .
Article 5 Interest 1. The loan interest rate shall be calculated based on the ____ bank loan best interest rate plus ____.
Second, the above preferential interest rate will fluctuate with the market conditions. Once the interest rate is announced and adjusted, it will take effect immediately. The mortgagee still reserves the right to adjust the loan interest rate at any time.
3. The loan interest rate under this contract shall be adjusted according to the daily interest rate of the loan or according to the market conditions of the mortgagee.
4. During the validity period of the contract, the accrued interest on the balance of daily loans shall be counted daily for 365 days.
5. If the loan interest rate is adjusted, the mortgagee shall notify the mortgagor of the adjusted interest rate in writing.
Article 6 Repayment 1. The principal of the loan and its corresponding interest under this contract, the mortgagor shall be divided into ____ period, from the date of loan lending, the principal and interest of the loan shall be repaid on a monthly basis, and the amount payable in each period shall be mortgaged. The right holder shall notify the mortgagor in writing. If the repayment date is not a business day, the installment payment shall be paid one business day after the repayment date.
2. The mortgagee has the right to adjust and change the amount payable or the number of repayment periods in each period.
3. The mortgagor must open a deposit account with the ____ bank. The principal and interest and all expenses related to the mortgage must be paid in accordance with the account. If the account is overdrawn or overdrawn, the mortgagor will bear Repayment of responsibility.
4. All payments due to the mortgagee shall be sent to the ____ bank.
5. The mortgagor cannot deduct or counter any money from it. If, in the current or future relevant laws and regulations in China, it is necessary to deduct or counter any money, the mortgagor may compensate the mortgagee for additional funds, so that the mortgagee’s income is equivalent to the need to Get a full amount of money.
Article 7 Overdue interest and penalty interest 1. The amount payable in monthly instalment shall be repaid according to the specified number of dates and dates; if there is any overdue payment, the mortgagor must immediately repay the period and overdue interest. The interest rate of overdue interest is determined by the mortgagee and is calculated at a rate of 2% to 5% per month.
2. If the mortgagor pays overdue, in addition to paying the overdue interest, the mortgagee has the right to impose a 20% to 50% penalty interest on the mortgagor on the basis of the original interest rate.
3. The mortgagor shall pay the interest of the overdue payment in accordance with the above specified interest rate until the payment is settled, and the interest shall be accumulated on a daily basis, either before or after the judgment determines the debt.
Article 8 Early Repayment 1. Under the condition of obtaining the consent of the mortgagee, the mortgagor may apply for the early repayment procedure in accordance with the following provisions:
1. The mortgagor may repay part or all of the actual loan amount in advance on the monthly repayment date, and the amount of each prepayment shall not be less than _ 10,000 yuan in multiples; the amount repaid in advance will be gradually increased by order. Reduce the original loan amount.
2. The mortgagor must give the mortgagee a written notice one month before the scheduled early repayment date. Once the notice is issued, it is irrevocable.
3. The mortgagor voluntarily pays part or all of the amount stipulated in this contract. The mortgagor shall give the mortgagee a compensation equal to one month's interest on the part or all of the money.
2. The mortgagor and the guarantor agree that the mortgagee has the right to require the mortgagor to immediately repay part or all of the actual loan amount in advance of any of the following circumstances, or to immediately pursue the guarantor:
1. The mortgagor and / or guarantor violates any of the terms of this contract.
2. The mortgagor and/or the guarantor’s own external borrowing, guarantee, compensation, commitment or other debt liability, as:
A. The breach of contract was ordered to be repaid in advance;
B. Due and not repayable on time.
3. The mortgagor and/or the guarantor itself has a disease, death, merger, acquisition, reorganization, or all due to the dissolution of the court or government agency or any decision to dismiss, liquidate, bankrupt, close or appoint a receiver or trustee. Or most of the property to which it belongs.
4. The mortgagor and/or the guarantor are threatened by seizure orders or prohibitions, and may have adverse effects on real estate, property or property, and such threats cannot be completely discharged within 30 days after the occurrence.
5. The mortgagor and/or guarantor cannot repay the debts of the general creditors and cannot settle the debts or will cease to operate in the event of liquidation or bankruptcy.
6. If the mortgagor and/or guarantor becomes unlawful or unable to continue to perform this contract due to Chinese legal norms.
7. If the mortgagor and/or guarantor adversely changes its business prospects or the property it owns, it will seriously affect its ability to perform its obligations under this contract.
8. All or any of the important key parts of the mortgagor and / or guarantor property are confiscated, compulsory acquisition, or damaged.
9. The mortgagor changes its shareholding structure without prior written consent of the mortgagee.
10. The mortgagor discards the mortgaged property.
If any of the above matters or an accident that may have caused the above matters has occurred, the mortgagor and/or the guarantor shall immediately notify the mortgagee in writing, unless the above matters have been satisfactorily resolved upon the knowledge of the mortgagee, otherwise the mortgagee may At any time after the occurrence of such matters, the guarantor shall be disposed of in any form or within the guarantee period of the second point of Article 1 of the guarantor and the guarantor's liability clause in this contract. The mortgagee is not liable for any uncontrollable loss to the guarantor and/or mortgagor when the mortgagee uses the above rights and rights.
Article 9 Handling Fees and Other Fees 1. The mortgagor shall pay the handling fee of 5‰ according to the loan amount, pay it once in the loan date, and must provide all the information involved in this contract absolutely and truthfully; if the contract is found, the mortgage is found. The information provided by the person does not conform to the facts. The mortgagee has the right to immediately withdraw the loan and interest, and the fee collected in accordance with the contract is not refundable.
Second, the mortgage loan file fee, the mortgagor pays ____ coins ____ yuan on the loan day.
3. Notarization fees and mortgage registration fees: All the fees related to notarization and mortgage registration involved in this contract shall be paid by the mortgagor.
4. If the mortgagor fails to pay all the money stipulated in this contract, it will cause the mortgagee to collect the money, or for any reason, the mortgagee will decide to pursue it by any means or means. All the expenses incurred will be stipulated by the mortgagor. Responsible for repayment, and the date on which the various fees are actually paid is the date of receipt, and the overdue interest is also calculated on a daily basis.
Article 10 Prerequisites for the loan 1. The mortgagor fills in the application form for the mortgage loan; the application form must be confirmed by the guarantor.
2. The mortgagor provides a purchase contract for the purchase of collateral.
3. In the name of the mortgagor, the insurance company designated or recognized by the mortgagee shall be insured not less than the total amount of the repurchased collateral; the insurance policy shall be transferred to the ____ bank and handed over to the bank for custody.
4. This contract shall be signed and affixed with the official seal by the representatives of the mortgagor, the mortgagee and the guarantor.
5. This contract shall be notarized by the ____ notary office.
Article 11 Property Mortgage 1. The mortgage of the property under this contract means:
1. Mortgage of the mortgagor of the real estate during the construction period:
Means that the mortgagor signed with ____ and passed ____
In the “property sale and purchase contract” notarized by the notary office of the city, the mortgagor will mortgage the mortgagee with the priority first place according to the rights and interests of the purchase contract; if the mortgagor or guarantor fails to perform the repayment The liability or guarantee obligation, the mortgagee can obtain the entire interest of the mortgagor in the “property sale contract” to settle all the arrears;
The property purchase and sale contract of the mortgage interest shall be deposited with the mortgagee.
2. Mortgage property:
Refers to the completed mortgage real estate property purchased by the mortgagor in the “real estate sale and purchase contract” signed by the mortgagor and ____;
The mortgagor shall list the mortgaged property of item 2 above in Schedule 2 of this contract, with the priority of the first position being mortgaged to the mortgagee as the collateral of the debt owed;
The mortgagor now authorizes the mortgagee to apply for the title certificate of the house to the ____ city real estate management agency upon receiving the check-in letter issued by the guarantor, and to go through the mortgage registration formalities.
2. Insurance for mortgaged property:
1. The mortgagor shall, within the stipulated time, go to the insurance company designated by the mortgagee and insure according to the insurance type specified by the mortgagee. The insurance subject is the above-mentioned mortgaged property, and the amount of insurance shall not be less than the total risk of repurchasing the amount of the mortgaged property. Before the loan principal and interest is paid off, the mortgagor shall not suspend the insurance for any reason. If the mortgagor breaks the insurance, the mortgagee has the right to insure it, and all the expenses are paid by the mortgagor; all the losses caused by the mortgagor must be unconditionally all. To repay the mortgagee, the mortgagee has the right to claim compensation from the mortgagor.
2. The mortgagor shall transfer the insurance policy to the mortgagee within the stipulated time. The insurance policy must not be accompanied by any restrictions that are detrimental to the rights and powers of the mortgagee, or any amount that is not liable for compensation.
3. The original insurance policy is managed by the mortgagee, and the mortgagor pays the custodian fee to the mortgagee.
4. The mortgagor irrevocably authorizes the mortgagee as its representative, and irrevocably authorizes the mortgagee to be the dominant party of the compensation according to the insurance compensation; this authorization is irrevocable without the written consent of the mortgagee.
5. If the amount of the above-mentioned insurance compensation is insufficient to pay the arrears owed by the mortgagor to the mortgagee, the mortgagee has the right to recover from the mortgagor and/or the guarantor until the mortgagor pays the amount owed.
6. If the property is damaged during the term of the contract and the insurance company believes that the repaired part is in line with economic principles, the compensation under the policy will be used to repair the damaged part.
Third, mortgage real estate property registration
1. Property mortgage during the construction period of the property: Apply the mortgage to the real estate management agency for filing. The mortgagor's "real estate sale and purchase contract" and the "certificate of paid-up property payment" issued by the selling unit are handed over to the mortgagee for custody and custody.
2 When the property is completed, the mortgage registration of the real estate property shall be completed, and the “property certificate of the property” of the mortgaged property shall be handed over to the mortgagee for custody and custody, and the registration fee shall be paid by the mortgagor.
Fourth, the mortgage is lifted
1. Once the mortgagor pays back all the money of the mortgagee and fulfills all the terms of the contract and all other obligations, the mortgagee must cancel the mortgage in the mortgage contract at the request of the mortgagor and bear the relevant expenses. The mortgage interest of the property and return to the “property certificate” and “real estate sale and purchase contract” of the mortgaged property.
2. Under the above-mentioned clause 1 of the mortgagor, the mortgagee shall send a letter to the municipal real estate management authority, and hand over the property certificate to the mortgagor to handle the mortgage registration and cancellation of the collateral to the ____ city real estate management agency. .
V. Disposal of collateral
1. If the mortgagor does not pay any of the provisions of this contract or does not comply with the terms and conditions specified in the contract or any default, the mortgagee can immediately enter and enjoy the whole or the rent and income of the building; or Sell or lease out all or part of the property and collect rent and income at the price, rent and term that the mortgagee deems appropriate. The mortgagee may employ a receiver or agent to deal with the above matters, and the wages or remuneration of the mortgagee shall be the responsibility of the mortgagor. The receiver or agent will be treated as an agent of the mortgagor and the mortgagor shall be solely responsible for the acts of the receiver or agent and the responsibility for breach of duty.
2. The appointed receiver has the following rights:
Require residents to pay rent or accommodation fees and issue valid tenants and receipts, and have the right to recover the arrears or domestic expenses by litigation, accusation, seizure or other means; such requests, receipts or recovery matters, Will be issued in the name of the mortgagor or mortgagee, and the payer will not need to ask if the receiver has the authority to act;
The Receiver may insure all or part of the property and its internal attachments and interior decoration in accordance with the written notice of the mortgagee.
3. The mortgagee has the right to dispose of the property in whole or in part in accordance with the relevant provisions of the law in accordance with the provisions of Article 10, Section 5, without the consent of the mortgagor or other parties. The mortgagee has the right to sign the sale of the property. The mortgagor is not responsible for the loss of the file and the contract and the cancellation of the sale.
4. The mortgagee may use its power to dispose of the property in the following circumstances:
The mortgagee gives the mortgagor a notice requesting repayment and the mortgagor fails to comply with the notice within one month and repays the full amount to the mortgagee;
The mortgagor has not paid all the payables within 30 days of overdue;
The mortgagor violates any of the terms of this contract;
The mortgagor is bankrupt, or ordered by the court to supervise the property; or the mortgagor is dissolved or wound up for the company's organization;
Any property of the mortgagor suffered or may be subject to seizure or confiscation;
The mortgagor discards the property.
5. When the mortgagee sells the property to the buyer in accordance with the above powers, the buyer is not required to inquire about the above matters, and does not need to pay attention to whether the mortgagor owes the mortgagee debt or whether the sale is improper. Even if there is any irregularity or irregularity in the sale, the buyer still acts as a valid and the mortgagor has the right to sell the property to the buyer.
6. The mortgagee has the right to issue a receipt or rent to the buyer or tenant, and the buyer and the guest do not need to pay attention to the use of the money or rent by the mortgagee if the improper use of the payment or rent incurs The loss is irrelevant to the buyer and the tenant.
7. The mortgagee or the dispatcher or agent appointed under Article 5 shall treat the proceeds from the rental or sale of the property in the following order.
Used to pay for all expenses incurred in renting or selling the property;
To withhold all taxes owed and all fees and miscellaneous fees payable by the mortgagor under this contract;
To deduct the loan owed by the mortgagor and the interest payable, after deducting the above amount, if there is any balance, the mortgagee shall deliver the balance to the mortgagor or other person entitled to collect the proceeds from the sale of the property, if not enough to repay the mortgage The mortgagee has the right to pursue the mortgagor and/or guarantor separately.
8. The mortgagee is not liable for the mortgagee's use of its powers and rights and for the mortgagor to suffer uncontrollable losses.
9. The mortgagee may issue a repayment request or other request in writing, or a notice required for the mortgaged property, which may be sent by post to the last reported home or office address of the mortgagor or to be retained in the property. And the request or notice will be deemed to take effect 7 days after the letter is sent or cast.
Article 12 The mortgagor's declaration and guarantee of the mortgagor's declaration and guarantee are as follows:
1. The mortgagor guarantees that the principal and interest will be paid on time and in accordance with the provisions of this contract.
2. The mortgagor agrees to open a deposit account at the mortgagee and irrevocably authorizes the mortgagee to pay the account for the principal and interest and all expenses related to the mortgage.
3. All information provided to the mortgagee is true and reliable, without any forgery and concealment of the facts; the above-mentioned mortgaged property is not pledged to any bank, company or individual before the signing of this contract.
4. The damage of the mortgaged property shall be responsible for the loss of the mortgagee for any reason and for the fault of any person.
5. Without the consent of the mortgagee, the mortgagor may not sell, lease, transfer, mortgage, re-collateralize or offset the debt in whole or in part, and dispose of it in any way; if all or part of the mortgaged property described above is damaged For whatever reason and no matter what the fault is, the mortgagor shall be fully responsible and compensate the mortgagee for all losses arising therefrom.
6. The mortgagor uses the property in addition to self-occupation, and when escrow or renting with others, it must notify the mortgagee in advance and obtain the written consent of the mortgagee before proceeding; if the property is rented, the mortgagor must The lessee enters into a tenancy agreement. The tenancy agreement must specify that the tenant must move out within one month from the date of the letter of issue by the mortgagee.
7. The mortgagee and its licensor are permitted to enter the property at any reasonable time for inspection.
8. Immediately notify the mortgagee when changing the address.
9. Immediately pay the repair costs of the property and protect the property from seizure or other legal proceedings;
10. During the mortgage period, the local tax shall be paid, and any taxes, management fees, water fees, electricity charges and other miscellaneous fees levied by the relevant department on the property shall be paid; and the provisions in the residents' convention shall be complied with and the mortgagee shall be compensated for the mortgagee. Failure to perform the above matters.
11. When the mortgagee deems it necessary, the insurance company designated by the mortgagee shall be insured for the purchase of real estate insurance or life insurance of the mortgagor, and the insurance policy shall be the beneficiary of the mortgagee.
12. When there is any lawsuit, arbitration or court communication that is adversely affecting the mortgagor, it is guaranteed to notify the mortgagee in writing in a timely manner.
13. If the guarantor repays all the arrears on behalf of the mortgagor, the mortgagor agrees that the mortgagee transfers the mortgaged property rights to the guarantor and guarantees that there is no objection to the transfer.
14. If the guarantor repays all the arrears on behalf of the mortgagor in accordance with the relevant provisions of this contract, the mortgagee shall transfer the equity of the mortgaged property under the name of the mortgagor to the guarantor.
15. After obtaining the mortgaged property interest, the guarantor agrees that the guarantor may dispose of the mortgaged property in any way to compensate the guarantor for the loss caused by the guarantor's settlement of the arrears and all related expenses; The guarantor may claim compensation from the mortgagor, and the mortgagor promises to compensate the guarantor for all the insufficient amounts.
16. The mortgagor confirms that the guarantor obtains the mortgaged property interest and disposes of the legal status of the mortgaged property. The mortgagor waives the right to pursue the guarantor due to the loss of the mortgagee due to the handling of the mortgaged property.
17. In accordance with the reasonable request of the mortgagee, take all measures and sign all relevant files to ensure the legitimate rights and interests of the mortgagee.
Article 13 Liability of Guarantor and Guarantor 1. Guarantor ____, Address ____, ____
It is the seller of the real estate sale and purchase contract of the mortgage interest under this contract. It is also the introducer and guarantor of the loan mortgagor under this contract. The unconditional and irrevocable guarantee liability is as follows:
1. Guarantee amount: subject to the principal and interest of the loan under this contract and the relevant litigation costs incurred in connection with this contract.
2. Term of guarantee: From the effective date of this contract until the date when the mortgagor pays off or the guarantor pays off the principal and interest of the loan and all expenses under this contract.
Second, the guarantor's responsibility:
1. The guarantor voluntarily assumes the guarantee responsibility for the loan under this contract.
2. If the mortgagor fails to perform the repayment obligation according to the provisions or notice of the mortgagee, or the mortgagor has any breach of contract, the mortgagee shall notify the guarantor in writing of the guarantee responsibility by double-registered postal delivery. The guarantee obligation shall be fulfilled within 30 days from the date of the letter, and all the arrears owed by the mortgagee shall be paid on behalf of the mortgagor.
3. The guarantor guarantees that the construction of the mortgaged property will be completed on time and in accordance with the responsibilities of the sales unit listed in the mortgaged property transaction contract. The mortgagee shall not be responsible for this.
4. The guarantor agrees that the mortgagor pledges the interest in the contract for the sale of the real estate to the mortgagee, acknowledging that the mortgagor owns all the interests of the mortgagor in the sale and purchase contract of the real estate before the mortgagor pays off the principal and interest of the loan under this contract. Ensure that this right is not infringed by anyone.
5. The Guarantor undertakes to work closely with the mortgagee to enable the performance of the terms of this contract to be carried out smoothly; in particular, after the issuance of the check-in notice, it will endeavor to assist in the relevant procedures of the property mortgage to protect the interests of the mortgagee.
6. The guarantor obtains the mortgage interest property sale contract or mortgaged property under this contract after fulfilling the guarantee obligation, and the guarantor has the right to dispose of it in any fair or reasonable manner to compensate the mortgagor for paying off the principal and interest. The resulting loss, if any dispute or loss caused by the processing of the collateral, is not related to the mortgagee.
7. The guarantor's warranty liability here is an independent attachment. The mortgagee does not obtain the building or other mortgage from the mortgagor. The security interest is replaced. As long as the mortgagor defaults, the mortgagee does not need to first pursue or dispose of the mortgage to the mortgagor. The property can enforce the guarantor's guarantee liability under this contract until it is applied to the court for enforcement under the legal procedure.
Article 14 The Mortgage Liability The mortgagee is based on the condition that the mortgagor expressly performs all the terms of this contract and the guarantor is willing to bear the loan guarantee liability under this contract:
1. According to the relevant provisions of the contract, provide a regular pledge loan to the mortgagor on time, and the loan will be transferred to the account of the sales unit in the name of the mortgage purchaser.
2. If the mortgagor pays back the total amount of the loan stipulated in this contract to the mortgagee, and if all the provisions of this contract have been complied with and fulfilled at the same time, the mortgagee shall purchase or sell the mortgage contract of the mortgage owner. The property certificate is transferred to the mortgagor and the guarantor’s guarantee liability is released.
3. If the mortgagor fails to perform the repayment obligation and the guarantor owes all the arrears owed by the guarantor, the mortgagee will transfer the mortgaged property right mortgaged by the mortgagor to the guarantor to the guarantor. The guarantor The disposal of the mortgaged property is not related to the mortgagee.
4. This contract shall be signed by the parties. After the notarization of the notary office of the ____ city, the mortgagor shall sign the withdrawal notice and submit it to the mortgagee for collection and execution within 2 days after the mortgagee has received the complete loan file. The loan amount shall be deposited in the designated account of the sales unit in the name of the mortgage purchaser. Otherwise, the mortgagee shall pay interest to the guarantor. The interest calculation shall be handled in accordance with the first item of Article 5, due to various occurrences of the mortgagor or guarantor. The mortgagee is not responsible for the failure of the mortgagee to lend the money, and the relevant fees will not be refunded.
Article 15 Others No party may modify, waive, revoke or terminate any provision of this contract by oral or other means.
2. During the performance of this contract, the mortgagee shall not be liable for any tolerance, grace or delay in the performance of any breach of contract or delay of the mortgagor, and shall not affect or affect the mortgagee in accordance with this contract. Creditors with relevant legal provisions shall enjoy all rights and powers.
3. If the mortgagor fails to perform any of the terms contained in this contract, the mortgagee may, without notice, notify the mortgagor of the other property of the mortgagee to sell freely to cover the debt; if the mortgagor has other money, the mortgagee exists. The mortgagee can also charge the amount.
4. The rights stipulated in this contract may be exercised at the same time, or they may be exercised separately or cumulatively; the above rights, interests and compensation methods do not exclude other compensation methods prescribed by law.
5. The mortgagor, guarantor and mortgagee, the notices and requirements related to this contract shall be in writing, once the telex and telegram are issued, the letter is sent 7 days after the posting, and any letter handed by hand. Once sent, it is deemed to have been delivered to the other party.
6. The mortgagee may transfer the rights of the mortgagee under this contract to others without the consent of the mortgagor and the guarantor; however, the mortgagor and the guarantor may not use the mortgagee’s written consent without Any repayments and other obligations or obligations under the contract are transferred to a third party; the guarantor or successor or receiver of the guarantor must still continue to hold this contract with the mortgagee or the transferee’s transferee. Repayment and other responsibilities.
7. The mortgagee mentioned in this contract also includes the heir and transferee of the mortgagee; the mortgagor also includes the mortgagor heir and receiver of the mortgagee.
8. If the contract becomes an invalid contract in law for any reason, or part of the clause is invalid, the mortgagor and the guarantor shall still perform all repayment obligations. In the event of the above, the mortgagee has the right to terminate this contract and immediately recover the principal and interest and other related payments from the guarantor and the mortgagor.
9. When the mortgagee pays the mortgagor and the guarantor arrears, it only needs to provide the number of the arrears issued by the mortgagee, that is, as the tangible evidence owed by the mortgagor and the guarantor, the mortgagor and the guarantor shall not object to .
Article 16 Applicable Law and Settlement of Disputes 1. This contract is made in accordance with the laws of the People's Republic of China and is protected by the laws of the People's Republic of China
2. In the event of a dispute, resolve the following items: apply to the ____ Arbitration Commission for arbitration; and sue the ____ People's Court.
3. If the mortgagor is from an overseas or Taiwanese region, or is a resident of the area, the mortgagee has the right to execute the power of the mortgagee by the mortgagor and the mortgagor in the contractor’s place of residence or residence. Recourse, including arbitration, litigation, and enforcement of arbitration or litigation decisions. If the mortgagee decides to perform the above-mentioned powers in the above-mentioned areas for recourse, arbitration, litigation, etc., the mortgagor and the guarantor must acknowledge that the contract is also subject to the area. The legal protection shall not raise an objection. Any provision in this contract shall be considered invalid or illegal in the law of the region and shall not affect the validity of other provisions.
Article 17 Supplementary Provisions 1. This contract shall be signed by the representatives of the three parties and notarized by the notary public of the city.
2. After the contract is notarized by the municipal notary public, the date on which the mortgagee lends the money is taken as the effective date of the contract.
3. The schedules, schedules and property purchase and sale contracts signed by the mortgagor and the guarantor in this contract are an integral part of the contract.
4. This contract is written in Chinese, and the stipulations are equally effective; the mortgagor, the mortgagee, the guarantor, and the notary office are responsible for the filing.
Article 18 Signature The parties to this contract have read and agreed to abide by all the terms of this contract.
Signature: ____________________
Mortgagor:____________________
Signing: ____________________
mortgagee:____________________
Signed by the representative: ____________________
Guaranteed person: ____________________
Signed by the representative: ____________________
____________________________________________________________
Mortgage registration number Louhuazi No. ____ mortgage registration date, ____ year ____ month ____ day
Address: ____________ Postal Code: ____________ Telephone: ____________
Legal representative: ____________ Position: ____________
Mortgagor:________________________________________________
Address: ____________ Postal Code: ____________ Telephone: ____________
Legal representative: ____________ Position: ____________
Mortgage property address: ____________ Postal code: ____________ Telephone: ____________
Property Purchase Contract for Mortgage Interest: Purchase House ____ Word No. ________ Article 1 General The mortgagee and the mortgagor will sign the mortgage contract with the guarantor on ____________________ The mortgagor agrees to pledge to the mortgagee with the entire interest in the real estate sale and purchase contract entered into with the guarantor on ____________________________________________________________________________________________________________________ Immediately after issuing the check-in notice, the property will be mortgaged, and the property will be mortgaged to the mortgagee, giving the mortgagee the first priority mortgage and willing to perform all the terms of this contract. The mortgagee agrees to accept the pledgee's entire interest in the above-mentioned real estate sale and purchase contract and the real estate property under the real estate sale and purchase contract as the collateral for the loan under this contract, and accepts the guarantor's guarantee liability for the loan under this contract, the mortgage The person provides the mortgager with a regular mortgage loan as part of the mortgage purchase of the mortgaged property. After the tripartite consultation, the specific contract shall be complied with.
Article 2 Interpretation In this loan contract, the following terms are defined as follows, except as otherwise defined in the contract:
“Business Day”: The date on which the mortgagee is open for business.
“Arrears”: All payments owed by the mortgagor to the mortgagee, including principal, interest and other related expenses.
“The entire equity of the real estate sale and purchase contract”: refers to all the rights and interests that should be owned by the “real estate sale and purchase contract” signed by the mortgagor and the guarantor.
“Construction period of real estate property”: Before the date of the check-in notice issued by the selling unit, it is regarded as the construction period of the real estate property.
Article 3 Loan Amount 1. Loan Amount: RMB ____ yuan;
All returned funds cannot be withdrawn.
2. The mortgagor hereby irrevocably authorizes the mortgagee to deposit all the above loan amount in the name of the mortgage purchaser and deposit it in the account of the sales unit.
Article 4 The loan term shall be ____ years from the date of the mortgagee's loan. Upon expiration, the mortgagor shall repay the principal and interest of the loan, but within the time limit, if the mortgagor breaches the contract, the mortgagee may notify the mortgagor to return or stop the payment or reduce the loan amount at any time according to the actual situation, and the mortgagor shall perform immediately. .
Article 5 Interest 1. The loan interest rate shall be calculated based on the ____ bank loan best interest rate plus ____.
Second, the above preferential interest rate will fluctuate with the market conditions. Once the interest rate is announced and adjusted, it will take effect immediately. The mortgagee still reserves the right to adjust the loan interest rate at any time.
3. The loan interest rate under this contract shall be adjusted according to the daily interest rate of the loan or according to the market conditions of the mortgagee.
4. During the validity period of the contract, the accrued interest on the balance of daily loans shall be counted daily for 365 days.
5. If the loan interest rate is adjusted, the mortgagee shall notify the mortgagor of the adjusted interest rate in writing.
Article 6 Repayment 1. The principal of the loan and its corresponding interest under this contract, the mortgagor shall be divided into ____ period, from the date of loan lending, the principal and interest of the loan shall be repaid on a monthly basis, and the amount payable in each period shall be mortgaged. The right holder shall notify the mortgagor in writing. If the repayment date is not a business day, the installment payment shall be paid one business day after the repayment date.
2. The mortgagee has the right to adjust and change the amount payable or the number of repayment periods in each period.
3. The mortgagor must open a deposit account with the ____ bank. The principal and interest and all expenses related to the mortgage must be paid in accordance with the account. If the account is overdrawn or overdrawn, the mortgagor will bear Repayment of responsibility.
4. All payments due to the mortgagee shall be sent to the ____ bank.
5. The mortgagor cannot deduct or counter any money from it. If, in the current or future relevant laws and regulations in China, it is necessary to deduct or counter any money, the mortgagor may compensate the mortgagee for additional funds, so that the mortgagee’s income is equivalent to the need to Get a full amount of money.
Article 7 Overdue interest and penalty interest 1. The amount payable in monthly instalment shall be repaid according to the specified number of dates and dates; if there is any overdue payment, the mortgagor must immediately repay the period and overdue interest. The interest rate of overdue interest is determined by the mortgagee and is calculated at a rate of 2% to 5% per month.
2. If the mortgagor pays overdue, in addition to paying the overdue interest, the mortgagee has the right to impose a 20% to 50% penalty interest on the mortgagor on the basis of the original interest rate.
3. The mortgagor shall pay the interest of the overdue payment in accordance with the above specified interest rate until the payment is settled, and the interest shall be accumulated on a daily basis, either before or after the judgment determines the debt.
Article 8 Early Repayment 1. Under the condition of obtaining the consent of the mortgagee, the mortgagor may apply for the early repayment procedure in accordance with the following provisions:
1. The mortgagor may repay part or all of the actual loan amount in advance on the monthly repayment date, and the amount of each prepayment shall not be less than _ 10,000 yuan in multiples; the amount repaid in advance will be gradually increased by order. Reduce the original loan amount.
2. The mortgagor must give the mortgagee a written notice one month before the scheduled early repayment date. Once the notice is issued, it is irrevocable.
3. The mortgagor voluntarily pays part or all of the amount stipulated in this contract. The mortgagor shall give the mortgagee a compensation equal to one month's interest on the part or all of the money.
2. The mortgagor and the guarantor agree that the mortgagee has the right to require the mortgagor to immediately repay part or all of the actual loan amount in advance of any of the following circumstances, or to immediately pursue the guarantor:
1. The mortgagor and / or guarantor violates any of the terms of this contract.
2. The mortgagor and/or the guarantor’s own external borrowing, guarantee, compensation, commitment or other debt liability, as:
A. The breach of contract was ordered to be repaid in advance;
B. Due and not repayable on time.
3. The mortgagor and/or the guarantor itself has a disease, death, merger, acquisition, reorganization, or all due to the dissolution of the court or government agency or any decision to dismiss, liquidate, bankrupt, close or appoint a receiver or trustee. Or most of the property to which it belongs.
4. The mortgagor and/or the guarantor are threatened by seizure orders or prohibitions, and may have adverse effects on real estate, property or property, and such threats cannot be completely discharged within 30 days after the occurrence.
5. The mortgagor and/or guarantor cannot repay the debts of the general creditors and cannot settle the debts or will cease to operate in the event of liquidation or bankruptcy.
6. If the mortgagor and/or guarantor becomes unlawful or unable to continue to perform this contract due to Chinese legal norms.
7. If the mortgagor and/or guarantor adversely changes its business prospects or the property it owns, it will seriously affect its ability to perform its obligations under this contract.
8. All or any of the important key parts of the mortgagor and / or guarantor property are confiscated, compulsory acquisition, or damaged.
9. The mortgagor changes its shareholding structure without prior written consent of the mortgagee.
10. The mortgagor discards the mortgaged property.
If any of the above matters or an accident that may have caused the above matters has occurred, the mortgagor and/or the guarantor shall immediately notify the mortgagee in writing, unless the above matters have been satisfactorily resolved upon the knowledge of the mortgagee, otherwise the mortgagee may At any time after the occurrence of such matters, the guarantor shall be disposed of in any form or within the guarantee period of the second point of Article 1 of the guarantor and the guarantor's liability clause in this contract. The mortgagee is not liable for any uncontrollable loss to the guarantor and/or mortgagor when the mortgagee uses the above rights and rights.
Article 9 Handling Fees and Other Fees 1. The mortgagor shall pay the handling fee of 5‰ according to the loan amount, pay it once in the loan date, and must provide all the information involved in this contract absolutely and truthfully; if the contract is found, the mortgage is found. The information provided by the person does not conform to the facts. The mortgagee has the right to immediately withdraw the loan and interest, and the fee collected in accordance with the contract is not refundable.
Second, the mortgage loan file fee, the mortgagor pays ____ coins ____ yuan on the loan day.
3. Notarization fees and mortgage registration fees: All the fees related to notarization and mortgage registration involved in this contract shall be paid by the mortgagor.
4. If the mortgagor fails to pay all the money stipulated in this contract, it will cause the mortgagee to collect the money, or for any reason, the mortgagee will decide to pursue it by any means or means. All the expenses incurred will be stipulated by the mortgagor. Responsible for repayment, and the date on which the various fees are actually paid is the date of receipt, and the overdue interest is also calculated on a daily basis.
Article 10 Prerequisites for the loan 1. The mortgagor fills in the application form for the mortgage loan; the application form must be confirmed by the guarantor.
2. The mortgagor provides a purchase contract for the purchase of collateral.
3. In the name of the mortgagor, the insurance company designated or recognized by the mortgagee shall be insured not less than the total amount of the repurchased collateral; the insurance policy shall be transferred to the ____ bank and handed over to the bank for custody.
4. This contract shall be signed and affixed with the official seal by the representatives of the mortgagor, the mortgagee and the guarantor.
5. This contract shall be notarized by the ____ notary office.
Article 11 Property Mortgage 1. The mortgage of the property under this contract means:
1. Mortgage of the mortgagor of the real estate during the construction period:
Means that the mortgagor signed with ____ and passed ____
In the “property sale and purchase contract” notarized by the notary office of the city, the mortgagor will mortgage the mortgagee with the priority first place according to the rights and interests of the purchase contract; if the mortgagor or guarantor fails to perform the repayment The liability or guarantee obligation, the mortgagee can obtain the entire interest of the mortgagor in the “property sale contract” to settle all the arrears;
The property purchase and sale contract of the mortgage interest shall be deposited with the mortgagee.
2. Mortgage property:
Refers to the completed mortgage real estate property purchased by the mortgagor in the “real estate sale and purchase contract” signed by the mortgagor and ____;
The mortgagor shall list the mortgaged property of item 2 above in Schedule 2 of this contract, with the priority of the first position being mortgaged to the mortgagee as the collateral of the debt owed;
The mortgagor now authorizes the mortgagee to apply for the title certificate of the house to the ____ city real estate management agency upon receiving the check-in letter issued by the guarantor, and to go through the mortgage registration formalities.
2. Insurance for mortgaged property:
1. The mortgagor shall, within the stipulated time, go to the insurance company designated by the mortgagee and insure according to the insurance type specified by the mortgagee. The insurance subject is the above-mentioned mortgaged property, and the amount of insurance shall not be less than the total risk of repurchasing the amount of the mortgaged property. Before the loan principal and interest is paid off, the mortgagor shall not suspend the insurance for any reason. If the mortgagor breaks the insurance, the mortgagee has the right to insure it, and all the expenses are paid by the mortgagor; all the losses caused by the mortgagor must be unconditionally all. To repay the mortgagee, the mortgagee has the right to claim compensation from the mortgagor.
2. The mortgagor shall transfer the insurance policy to the mortgagee within the stipulated time. The insurance policy must not be accompanied by any restrictions that are detrimental to the rights and powers of the mortgagee, or any amount that is not liable for compensation.
3. The original insurance policy is managed by the mortgagee, and the mortgagor pays the custodian fee to the mortgagee.
4. The mortgagor irrevocably authorizes the mortgagee as its representative, and irrevocably authorizes the mortgagee to be the dominant party of the compensation according to the insurance compensation; this authorization is irrevocable without the written consent of the mortgagee.
5. If the amount of the above-mentioned insurance compensation is insufficient to pay the arrears owed by the mortgagor to the mortgagee, the mortgagee has the right to recover from the mortgagor and/or the guarantor until the mortgagor pays the amount owed.
6. If the property is damaged during the term of the contract and the insurance company believes that the repaired part is in line with economic principles, the compensation under the policy will be used to repair the damaged part.
Third, mortgage real estate property registration
1. Property mortgage during the construction period of the property: Apply the mortgage to the real estate management agency for filing. The mortgagor's "real estate sale and purchase contract" and the "certificate of paid-up property payment" issued by the selling unit are handed over to the mortgagee for custody and custody.
2 When the property is completed, the mortgage registration of the real estate property shall be completed, and the “property certificate of the property” of the mortgaged property shall be handed over to the mortgagee for custody and custody, and the registration fee shall be paid by the mortgagor.
Fourth, the mortgage is lifted
1. Once the mortgagor pays back all the money of the mortgagee and fulfills all the terms of the contract and all other obligations, the mortgagee must cancel the mortgage in the mortgage contract at the request of the mortgagor and bear the relevant expenses. The mortgage interest of the property and return to the “property certificate” and “real estate sale and purchase contract” of the mortgaged property.
2. Under the above-mentioned clause 1 of the mortgagor, the mortgagee shall send a letter to the municipal real estate management authority, and hand over the property certificate to the mortgagor to handle the mortgage registration and cancellation of the collateral to the ____ city real estate management agency. .
V. Disposal of collateral
1. If the mortgagor does not pay any of the provisions of this contract or does not comply with the terms and conditions specified in the contract or any default, the mortgagee can immediately enter and enjoy the whole or the rent and income of the building; or Sell or lease out all or part of the property and collect rent and income at the price, rent and term that the mortgagee deems appropriate. The mortgagee may employ a receiver or agent to deal with the above matters, and the wages or remuneration of the mortgagee shall be the responsibility of the mortgagor. The receiver or agent will be treated as an agent of the mortgagor and the mortgagor shall be solely responsible for the acts of the receiver or agent and the responsibility for breach of duty.
2. The appointed receiver has the following rights:
Require residents to pay rent or accommodation fees and issue valid tenants and receipts, and have the right to recover the arrears or domestic expenses by litigation, accusation, seizure or other means; such requests, receipts or recovery matters, Will be issued in the name of the mortgagor or mortgagee, and the payer will not need to ask if the receiver has the authority to act;
The Receiver may insure all or part of the property and its internal attachments and interior decoration in accordance with the written notice of the mortgagee.
3. The mortgagee has the right to dispose of the property in whole or in part in accordance with the relevant provisions of the law in accordance with the provisions of Article 10, Section 5, without the consent of the mortgagor or other parties. The mortgagee has the right to sign the sale of the property. The mortgagor is not responsible for the loss of the file and the contract and the cancellation of the sale.
4. The mortgagee may use its power to dispose of the property in the following circumstances:
The mortgagee gives the mortgagor a notice requesting repayment and the mortgagor fails to comply with the notice within one month and repays the full amount to the mortgagee;
The mortgagor has not paid all the payables within 30 days of overdue;
The mortgagor violates any of the terms of this contract;
The mortgagor is bankrupt, or ordered by the court to supervise the property; or the mortgagor is dissolved or wound up for the company's organization;
Any property of the mortgagor suffered or may be subject to seizure or confiscation;
The mortgagor discards the property.
5. When the mortgagee sells the property to the buyer in accordance with the above powers, the buyer is not required to inquire about the above matters, and does not need to pay attention to whether the mortgagor owes the mortgagee debt or whether the sale is improper. Even if there is any irregularity or irregularity in the sale, the buyer still acts as a valid and the mortgagor has the right to sell the property to the buyer.
6. The mortgagee has the right to issue a receipt or rent to the buyer or tenant, and the buyer and the guest do not need to pay attention to the use of the money or rent by the mortgagee if the improper use of the payment or rent incurs The loss is irrelevant to the buyer and the tenant.
7. The mortgagee or the dispatcher or agent appointed under Article 5 shall treat the proceeds from the rental or sale of the property in the following order.
Used to pay for all expenses incurred in renting or selling the property;
To withhold all taxes owed and all fees and miscellaneous fees payable by the mortgagor under this contract;
To deduct the loan owed by the mortgagor and the interest payable, after deducting the above amount, if there is any balance, the mortgagee shall deliver the balance to the mortgagor or other person entitled to collect the proceeds from the sale of the property, if not enough to repay the mortgage The mortgagee has the right to pursue the mortgagor and/or guarantor separately.
8. The mortgagee is not liable for the mortgagee's use of its powers and rights and for the mortgagor to suffer uncontrollable losses.
9. The mortgagee may issue a repayment request or other request in writing, or a notice required for the mortgaged property, which may be sent by post to the last reported home or office address of the mortgagor or to be retained in the property. And the request or notice will be deemed to take effect 7 days after the letter is sent or cast.
Article 12 The mortgagor's declaration and guarantee of the mortgagor's declaration and guarantee are as follows:
1. The mortgagor guarantees that the principal and interest will be paid on time and in accordance with the provisions of this contract.
2. The mortgagor agrees to open a deposit account at the mortgagee and irrevocably authorizes the mortgagee to pay the account for the principal and interest and all expenses related to the mortgage.
3. All information provided to the mortgagee is true and reliable, without any forgery and concealment of the facts; the above-mentioned mortgaged property is not pledged to any bank, company or individual before the signing of this contract.
4. The damage of the mortgaged property shall be responsible for the loss of the mortgagee for any reason and for the fault of any person.
5. Without the consent of the mortgagee, the mortgagor may not sell, lease, transfer, mortgage, re-collateralize or offset the debt in whole or in part, and dispose of it in any way; if all or part of the mortgaged property described above is damaged For whatever reason and no matter what the fault is, the mortgagor shall be fully responsible and compensate the mortgagee for all losses arising therefrom.
6. The mortgagor uses the property in addition to self-occupation, and when escrow or renting with others, it must notify the mortgagee in advance and obtain the written consent of the mortgagee before proceeding; if the property is rented, the mortgagor must The lessee enters into a tenancy agreement. The tenancy agreement must specify that the tenant must move out within one month from the date of the letter of issue by the mortgagee.
7. The mortgagee and its licensor are permitted to enter the property at any reasonable time for inspection.
8. Immediately notify the mortgagee when changing the address.
9. Immediately pay the repair costs of the property and protect the property from seizure or other legal proceedings;
10. During the mortgage period, the local tax shall be paid, and any taxes, management fees, water fees, electricity charges and other miscellaneous fees levied by the relevant department on the property shall be paid; and the provisions in the residents' convention shall be complied with and the mortgagee shall be compensated for the mortgagee. Failure to perform the above matters.
11. When the mortgagee deems it necessary, the insurance company designated by the mortgagee shall be insured for the purchase of real estate insurance or life insurance of the mortgagor, and the insurance policy shall be the beneficiary of the mortgagee.
12. When there is any lawsuit, arbitration or court communication that is adversely affecting the mortgagor, it is guaranteed to notify the mortgagee in writing in a timely manner.
13. If the guarantor repays all the arrears on behalf of the mortgagor, the mortgagor agrees that the mortgagee transfers the mortgaged property rights to the guarantor and guarantees that there is no objection to the transfer.
14. If the guarantor repays all the arrears on behalf of the mortgagor in accordance with the relevant provisions of this contract, the mortgagee shall transfer the equity of the mortgaged property under the name of the mortgagor to the guarantor.
15. After obtaining the mortgaged property interest, the guarantor agrees that the guarantor may dispose of the mortgaged property in any way to compensate the guarantor for the loss caused by the guarantor's settlement of the arrears and all related expenses; The guarantor may claim compensation from the mortgagor, and the mortgagor promises to compensate the guarantor for all the insufficient amounts.
16. The mortgagor confirms that the guarantor obtains the mortgaged property interest and disposes of the legal status of the mortgaged property. The mortgagor waives the right to pursue the guarantor due to the loss of the mortgagee due to the handling of the mortgaged property.
17. In accordance with the reasonable request of the mortgagee, take all measures and sign all relevant files to ensure the legitimate rights and interests of the mortgagee.
Article 13 Liability of Guarantor and Guarantor 1. Guarantor ____, Address ____, ____
It is the seller of the real estate sale and purchase contract of the mortgage interest under this contract. It is also the introducer and guarantor of the loan mortgagor under this contract. The unconditional and irrevocable guarantee liability is as follows:
1. Guarantee amount: subject to the principal and interest of the loan under this contract and the relevant litigation costs incurred in connection with this contract.
2. Term of guarantee: From the effective date of this contract until the date when the mortgagor pays off or the guarantor pays off the principal and interest of the loan and all expenses under this contract.
Second, the guarantor's responsibility:
1. The guarantor voluntarily assumes the guarantee responsibility for the loan under this contract.
2. If the mortgagor fails to perform the repayment obligation according to the provisions or notice of the mortgagee, or the mortgagor has any breach of contract, the mortgagee shall notify the guarantor in writing of the guarantee responsibility by double-registered postal delivery. The guarantee obligation shall be fulfilled within 30 days from the date of the letter, and all the arrears owed by the mortgagee shall be paid on behalf of the mortgagor.
3. The guarantor guarantees that the construction of the mortgaged property will be completed on time and in accordance with the responsibilities of the sales unit listed in the mortgaged property transaction contract. The mortgagee shall not be responsible for this.
4. The guarantor agrees that the mortgagor pledges the interest in the contract for the sale of the real estate to the mortgagee, acknowledging that the mortgagor owns all the interests of the mortgagor in the sale and purchase contract of the real estate before the mortgagor pays off the principal and interest of the loan under this contract. Ensure that this right is not infringed by anyone.
5. The Guarantor undertakes to work closely with the mortgagee to enable the performance of the terms of this contract to be carried out smoothly; in particular, after the issuance of the check-in notice, it will endeavor to assist in the relevant procedures of the property mortgage to protect the interests of the mortgagee.
6. The guarantor obtains the mortgage interest property sale contract or mortgaged property under this contract after fulfilling the guarantee obligation, and the guarantor has the right to dispose of it in any fair or reasonable manner to compensate the mortgagor for paying off the principal and interest. The resulting loss, if any dispute or loss caused by the processing of the collateral, is not related to the mortgagee.
7. The guarantor's warranty liability here is an independent attachment. The mortgagee does not obtain the building or other mortgage from the mortgagor. The security interest is replaced. As long as the mortgagor defaults, the mortgagee does not need to first pursue or dispose of the mortgage to the mortgagor. The property can enforce the guarantor's guarantee liability under this contract until it is applied to the court for enforcement under the legal procedure.
Article 14 The Mortgage Liability The mortgagee is based on the condition that the mortgagor expressly performs all the terms of this contract and the guarantor is willing to bear the loan guarantee liability under this contract:
1. According to the relevant provisions of the contract, provide a regular pledge loan to the mortgagor on time, and the loan will be transferred to the account of the sales unit in the name of the mortgage purchaser.
2. If the mortgagor pays back the total amount of the loan stipulated in this contract to the mortgagee, and if all the provisions of this contract have been complied with and fulfilled at the same time, the mortgagee shall purchase or sell the mortgage contract of the mortgage owner. The property certificate is transferred to the mortgagor and the guarantor’s guarantee liability is released.
3. If the mortgagor fails to perform the repayment obligation and the guarantor owes all the arrears owed by the guarantor, the mortgagee will transfer the mortgaged property right mortgaged by the mortgagor to the guarantor to the guarantor. The guarantor The disposal of the mortgaged property is not related to the mortgagee.
4. This contract shall be signed by the parties. After the notarization of the notary office of the ____ city, the mortgagor shall sign the withdrawal notice and submit it to the mortgagee for collection and execution within 2 days after the mortgagee has received the complete loan file. The loan amount shall be deposited in the designated account of the sales unit in the name of the mortgage purchaser. Otherwise, the mortgagee shall pay interest to the guarantor. The interest calculation shall be handled in accordance with the first item of Article 5, due to various occurrences of the mortgagor or guarantor. The mortgagee is not responsible for the failure of the mortgagee to lend the money, and the relevant fees will not be refunded.
Article 15 Others No party may modify, waive, revoke or terminate any provision of this contract by oral or other means.
2. During the performance of this contract, the mortgagee shall not be liable for any tolerance, grace or delay in the performance of any breach of contract or delay of the mortgagor, and shall not affect or affect the mortgagee in accordance with this contract. Creditors with relevant legal provisions shall enjoy all rights and powers.
3. If the mortgagor fails to perform any of the terms contained in this contract, the mortgagee may, without notice, notify the mortgagor of the other property of the mortgagee to sell freely to cover the debt; if the mortgagor has other money, the mortgagee exists. The mortgagee can also charge the amount.
4. The rights stipulated in this contract may be exercised at the same time, or they may be exercised separately or cumulatively; the above rights, interests and compensation methods do not exclude other compensation methods prescribed by law.
5. The mortgagor, guarantor and mortgagee, the notices and requirements related to this contract shall be in writing, once the telex and telegram are issued, the letter is sent 7 days after the posting, and any letter handed by hand. Once sent, it is deemed to have been delivered to the other party.
6. The mortgagee may transfer the rights of the mortgagee under this contract to others without the consent of the mortgagor and the guarantor; however, the mortgagor and the guarantor may not use the mortgagee’s written consent without Any repayments and other obligations or obligations under the contract are transferred to a third party; the guarantor or successor or receiver of the guarantor must still continue to hold this contract with the mortgagee or the transferee’s transferee. Repayment and other responsibilities.
7. The mortgagee mentioned in this contract also includes the heir and transferee of the mortgagee; the mortgagor also includes the mortgagor heir and receiver of the mortgagee.
8. If the contract becomes an invalid contract in law for any reason, or part of the clause is invalid, the mortgagor and the guarantor shall still perform all repayment obligations. In the event of the above, the mortgagee has the right to terminate this contract and immediately recover the principal and interest and other related payments from the guarantor and the mortgagor.
9. When the mortgagee pays the mortgagor and the guarantor arrears, it only needs to provide the number of the arrears issued by the mortgagee, that is, as the tangible evidence owed by the mortgagor and the guarantor, the mortgagor and the guarantor shall not object to .
Article 16 Applicable Law and Settlement of Disputes 1. This contract is made in accordance with the laws of the People's Republic of China and is protected by the laws of the People's Republic of China
2. In the event of a dispute, resolve the following items: apply to the ____ Arbitration Commission for arbitration; and sue the ____ People's Court.
3. If the mortgagor is from an overseas or Taiwanese region, or is a resident of the area, the mortgagee has the right to execute the power of the mortgagee by the mortgagor and the mortgagor in the contractor’s place of residence or residence. Recourse, including arbitration, litigation, and enforcement of arbitration or litigation decisions. If the mortgagee decides to perform the above-mentioned powers in the above-mentioned areas for recourse, arbitration, litigation, etc., the mortgagor and the guarantor must acknowledge that the contract is also subject to the area. The legal protection shall not raise an objection. Any provision in this contract shall be considered invalid or illegal in the law of the region and shall not affect the validity of other provisions.
Article 17 Supplementary Provisions 1. This contract shall be signed by the representatives of the three parties and notarized by the notary public of the city.
2. After the contract is notarized by the municipal notary public, the date on which the mortgagee lends the money is taken as the effective date of the contract.
3. The schedules, schedules and property purchase and sale contracts signed by the mortgagor and the guarantor in this contract are an integral part of the contract.
4. This contract is written in Chinese, and the stipulations are equally effective; the mortgagor, the mortgagee, the guarantor, and the notary office are responsible for the filing.
Article 18 Signature The parties to this contract have read and agreed to abide by all the terms of this contract.
Signature: ____________________
Mortgagor:____________________
Signing: ____________________
mortgagee:____________________
Signed by the representative: ____________________
Guaranteed person: ____________________
Signed by the representative: ____________________
____________________________________________________________
Mortgage registration number Louhuazi No. ____ mortgage registration date, ____ year ____ month ____ day
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