Property mortgage contract model (1)

[contract model]

mortgagee:_________________________________

address:____________________________________

Postal Code: _______________ Phone: __________________

Legal representative: ____________ Position: ____________

Mortgagor:___________________________________

address:____________________________________

Postal Code: _______________ Phone: __________________

Legal representative: ____________ Position: ____________

Postal Code: Phone:

Mortgage property address:

Agreement:

Real estate sale and purchase contract of mortgage interest: purchase ____ word ________

First general rule

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 the notice, the real estate mortgage procedure is completed, and the property is mortgaged to the mortgagee, giving the mortgagee the first priority mortgage and is 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.

Second interpretation

In this loan contract, the following terms are defined as follows, unless 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.

The third loan amount

1. The 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 Term of the loan

The term of the loan is ____ years from the date the mortgagee lends money. 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 is 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 loan principal and its corresponding interest under this contract shall be divided into ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ The mortgagor, 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 by monthly installment payment 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, and the interest rate of overdue interest shall be mortgaged. The person decides to calculate the monthly interest rate of 2% to 5%.

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. Subject to the consent of the mortgagee, the mortgagor may apply for early repayment 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 Fees and other expenses

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 contractor finds that the information provided by the mortgagor does not match the facts The mortgagee has the right to immediately withdraw the loan and interest, and will not refund the handling fee received under the contract.

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 loans

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 Mortgage of Real Estate

1. The mortgage of the property under this contract means:

1. Mortgage of the mortgagor of the real estate during the construction period:

It refers to the “property sale and purchase contract” signed by the mortgagor and signed by ____ and notarized by the ____ city notary office. The mortgagor will mortgage the mortgagee with the priority first place according to the equity of the purchase contract; If the mortgagor or guarantor fails to perform the repayment obligation 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.