Property mortgage contract model (2)

[contract model]

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. Upon completion of the property, the real estate property mortgage registration 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 Mortgage Statement and Guarantee

The mortgagor's statement 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 ____, ____ is the seller of the real estate sale and purchase contract under this contract, and is also the introducer and guarantor of the collateral of the loan 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: Mortgage Liability

The mortgagee is based on the condition that the mortgagor expressly fulfills 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 notary of the ____ City Notary Public Office, the mortgagor shall sign the withdrawal notice and submit it to the mortgagee for receipt and the mortgagee shall, within 2 days after the mortgagee has received the complete loan file, the mortgagee shall The loan amount shall be deposited into the designated account of the sales unit in the name of the mortgage purchaser. Otherwise, the mortgagee shall pay the 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. If the mortgagee fails to lend money, the mortgagee will not be responsible and the relevant fees will not be refunded.

Article 15 Others

1. Each party shall not modify, waive, revoke or terminate any of the terms of this contract by oral or other form.

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

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:______________________________________

Mortgage: ____________________ Signature: ____________________

Guarantor: ____________________ Mortgagee: ____________________

Signature of the representative: ____________________ Signature of the representative: _____________________

____ year month day

Registration authority:

Mortgage registration number, building number ____

Mortgage registration date, ____ year ____ month ____ day