Shenzhen Special Economic Zone Real Estate Mortgage Covenant
Contractors and
The mortgage loan contract was signed on the day of the 19th, and the mortgagee loaned the Hong Kong dollar to the mortgagor on the same day and signed the one-off debt. The mortgagor is willing to mortgage the property listed in Schedule 2 to the mortgagee, giving the mortgagee a first priority mortgage and willing to perform all the terms of the contract.
By agreement between the two parties, the following provisions shall be made and shall be subject to compliance.
payment
The mortgagor shall pay the repayments to the custodian or other methods specified by the custodian on time and in accordance with the stipulations and schedules, as required and on the date of payment. If the mortgagor pays off the debts in accordance with the above-mentioned methods and fulfills all the terms of the contract, the mortgagee may be redeemed to the mortgagee for the mortgaged property of the mortgagee in accordance with the provisions of the following Articles.
The mortgagor shall pay a fee of five thousandths of the loan amount and must provide all the information concerning the loan in this contract absolutely and truthfully. If the information provided by the mortgagor is found to be inconsistent with the facts after the contract is signed, the mortgagee has The right to immediately recover the loan and interest payable, and the handling fee received in accordance with the contract will not be refunded.
Instalment payment in accordance with the schedule is paid on time and is the primary condition of this contract. If the mortgagor fails to pay all or part of the payment due, the overdue interest rate must be paid at the monthly interest rate. The interest rate is determined by the mortgagee. It is decided that the minimum monthly interest rate is 2%, from the date of expiration to the date of receipt of the payment, regardless of whether the interest is accumulated on a daily basis before or after the judgment determines the debt. If the mortgagor fails to pay the principal and interest or part of it on time, all the owed money and interest must be repaid to the custodian immediately, regardless of the period.
Before the loan is outstanding, the mortgagor must pay interest at the interest rate stipulated in this contract, but the mortgagee can adjust the interest rate at any time according to the market conditions. The interest rate will be effective immediately after adjustment. The principal and interest of the loan shall be repaid in a month after the loan is made, according to the specified number of periods, the amount of each payment and the date of payment. If the interest rate changes, the mortgagee will notify the mortgagor in writing of the higher or lower interest rate. If the mortgagee deems it necessary, it has the absolute right to adjust and change the amount payable or repayment period.
The amount of all monthly installment payments shall be amortized according to the prescribed amount. If there is any overdue payment, the mortgagor must immediately repay the period and overdue interest. The interest rate on overdue interest is determined unilaterally by the mortgagee and is calculated at a minimum of 2% per month.
If the mortgagor fails to pay all the money stipulated in this contract, the mortgagee may collect the debt or for any reason the detainer decides to pursue it by any means or means. All the expenses incurred shall be reimbursed by the mortgagor. And from the date when the fees are actually paid, according to the above-mentioned overdue interest rate until the date of receipt, the same is calculated on a daily basis.
The mortgagor must open a deposit account at the bank branch. The mortgagor hereby authorizes the custodian to pay the principal and interest and all expenses related to the mortgage loan, and if so, the account is overdrawn or overdrawn. The mortgagor is responsible for repayment.
All payments due to the custodian shall be handed over to the bank branch or to the head office or branch of the bank, and such payments must be made in Hong Kong dollars.
During the contract, the mortgagor must:
All the dues in this contract will be repaid on time, without the need for the mortgagee to collect; if the payment is made on time, the mortgagor has the right to continue to enjoy the property;
Interest on overdue payments is paid at the specified interest rate until the payment is settled. This interest is accrued on a daily basis, either before or after the award determines the debt;
Allow the custodian and his licensor to enter the property at any reasonable time for inspection;
Notify the custodian immediately when the address is changed;
The damage to the property, irrespective of the cause and the fault of any person, shall be liable for the loss of the mortgagee;
Immediately pay for the repair costs of the property and protect the property from seizure or other legal proceedings;
During the mortgage period, the local tax is paid, and any taxes, management fees, water fees, electricity charges and other miscellaneous fees imposed by the relevant department on the property and the provisions of the residents' convention are complied with and the mortgagee is not required to perform the above matters. Loss
Comply with all laws of the People's Republic of China and keep the property tidy and in good condition;
The property may be sold, transferred, mortgaged, mortgaged, abandoned, or otherwise disposed of in the property prior to consulting and obtaining the written consent of the mortgagee or the other party's interest in the property or the acquisition of the property.
Immediately after the signing of this contract, the insurance company designated by the mortgagee shall be insured not less than the total risk of repurchasing the value of the property. The policy shall not be subject to any special restrictions or any amount of compensation. The policy shall protect the property from accidental damage, fire and natural disasters until the contract ceases to take effect. The policy shall be borne by the custodian, and no amount shall be paid to the mortgagor until the benefit of the guarantor is obtained. If the mortgagor violates the provisions of this article, the mortgagee may separately insured in accordance with the above-mentioned methods and may recover all fees and interest from the mortgagor. The mortgagor agrees to appoint the custodian as its representative, receive insurance compensation and appoint the custodian as the dominator of the compensation, and the appointment cannot be revoked;
Pledging the interest in the “property certificate” of the property to the mortgagee;
The insurance certificate and related files of the above-mentioned housing property certificate shall be handed over to the mortgagee during the validity period of this contract, and the mortgagee shall collect the storage fee;
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 for the mortgagor, which shall be the beneficiary of the mortgagee.
If the property is damaged during the term of this contract and the insurance company believes that repairing the damaged part is in line with economic principles, the compensation under the policy will be used to repair the damaged part.
If the above-mentioned insurance compensation is insufficient to settle the loan amount, or when the mortgagor pays other amounts with the mortgagee, the deficiencies shall be paid by the mortgagor. After all the funds are settled, the contract shall be terminated without prejudice to Before the insurance company's equity is mentioned, the property is owned by the mortgagor. Except for the above, the damage of the property cannot invalidate the contract, nor does it affect the debtor's debt obligations under this contract.
If the mortgagor does not pay any of the provisions of this contract, or does not comply with the provisions of the express provisions of this contract or does not comply with the residents' convention, the custodian may immediately enter and enjoy all or part of the building or collect rent and income; Or rent out all or part of the property and collect rent and income at the rent and term as the Placor considers appropriate. The mortgagee may employ a receiver or agent to deal with the above matters and its wages or rewards shall be the responsibility of the mortgagor. These receivers or agents will be treated as agents of the mortgagor and the mortgagor shall be fully responsible for the acts of the receiver or agent and the dereliction of duty. Each of the receivers appointed as described above will have the following powers:
Requiring residents to pay rent or accommodation fees and issuing valid tenants and receipts and having 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 the mortgagee, and the payment to the receiver, the mortgage will not need to ask if the receiver has the power to act;
The Receiver may, in accordance with the written notice of the Pledgee, insure the money received by the Depositor in all or part of the Property and its attachments and interior decoration.
In accordance with Article 5, the mortgagee has the right to auction all or part of the property in accordance with the procedures of Shenzhen “Special Property Management Regulations for Special Economic Zones”. Such auctions or sales do not require the consent of the mortgagor or other persons, and the mortgagee The detainee is not liable for the loss of such files and deeds and the cancellation of such transactions, and all losses arising therefrom.
The mortgagee may use its power to sell the property in the following circumstances:
1. The mortgagee gives the mortgagor a one-month notice requesting repayment and the mortgagor fails to comply with the notice and repays it to the detainee;
2. The mortgagor has not paid all or part of the amount due in the past 30 days;
3. The mortgagor does not pay the local tax or other taxes levied by the relevant department;
4. The mortgagor does not comply with the residents' convention;
5. The mortgagor does not comply with any of the terms of this contract;
6. 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;
7. Any property of the mortgagor suffered or may be subject to seizure or confiscation;
8. The mortgagor discards the property.
When the mortgagee sells the property to the buyer in accordance with the above-mentioned 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 debtor's debt or whether the sale is improper. Even if there is any inadequacy or irregularity in the sale, the purchase is still valid for the buyer and the acquirer has the right to sell the property to the buyer.
The mortgagee has the right to issue a receipt or rent to the buyer or tenant, and the buyer and the tenant do not need to pay attention to the use of the money or rent by the mortgagee. If the loss is caused by the improper use of the money or rent, it is not related to the buyer and the tenant.
The mortgagee or the receiver or agent appointed under Article 5 shall treat the proceeds from the rental or auction or sale of the property in the following order:
1. The first is to pay for all expenses incurred in renting or auctioning or selling the property.
2. The second is to withhold all taxes owed and all fees and miscellaneous fees payable by the mortgagor under the contract.
3. The third is used 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 receive the proceeds, and if the proceeds from the auction or sale of the property are not enough to repay all the money and interest owed by the mortgagor, the mortgagee Have the right to pursue another.
The detainee shall not be liable for any loss or uncontrollable damage caused by the mortgagee when using the above powers and rights.
The mortgagee may issue a repayment request or other request or a notice required for the collateral in writing. The written notice may be sent by post to the last reported home or office address of the mortgagor or left in the property, and such request or notice will be deemed to take effect seven days after the letter is sent or dropped.
When the mortgagee wants to repay the arrears to the mortgagor, it only needs to provide the amount of the arrears issued by the senior staff of the mortgagee as the evidence owed by the mortgagor. The mortgagor shall not object.
After the mortgagor pays the depositor the total amount of the loan as stipulated in this contract with interest and other payables, if the owner has fully complied with and fulfilled the conditions of this contract, the mortgagee shall transfer the ownership of the property to the mortgagor. If the mortgagor voluntarily pays part or all of the money required by this contract, the mortgagor shall give the mortgagee a compensation equal to one month's interest on the part or all of the money.
If the mortgagee purchases the property, if there are any defects, it will cause loss or damage. This is not related to the mortgagee. If a third party claims damages or damages to the mortgagor, the mortgagee will not bear any responsibility.
The term used in this contract includes a company or two or more persons who jointly borrow money; such persons shall jointly and severally bear the responsibility of the contract.
The grantor's tolerance, delay or tolerance in the execution of the terms of this contract, or the granting of an additional period of time to the mortgagor, shall not prejudice, influence or limit all rights and powers of the mortgagee required by this contract; Any waiver of any breach of contractual act cannot be used as a right to waive action for any subsequent breach of contract.
When the mortgagor uses the property, whether it is self-occupied, custody or rented to live with others, it must notify the detainee in advance and obtain the consent of the mortgagee. If it is rented to anyone, the mortgagor must require the lessee to comply with this The provisions of Article 1 of the contract are signed and signed.
If the mortgagor fails to perform any of the terms of this contract, the custodian may request the lodger of the property, regardless of whether the mortgagor owns the owner, the custodial residence or the tenant who moves out within 30 days, and the mortgagor hereby authorizes the custodian to report at the same time. The relevant department, the relevant department considers whether the mortgagor is allowed to cancel the residence of the household registration from the foreign residence due to the purchase of the property, and all the consequences caused by the mortgagor are all borne by the mortgagor, and the guest seeks compensation from the mortgagee. At the time, the mortgagor must also compensate the mortgagee for all losses. When the mortgagor rents the property, he must obtain the consent of the custodian in advance, and must make a contract with the occupant to clarify that the mortgage must be revoked one month after receiving the notice from the custodian.
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. All disputes concerning the matters involved in this contract shall be decided by the court of the People's Republic If the mortgagor is from overseas or from Hong Kong, Macao or Taiwan, or is a resident of such area, the custodian has the right to enforce the powers and entrants entrusted by the mortgagor to the guarantor in the place where the mortgagor is located or where he resides. The mortgagor conducts recourse, including arbitration, litigation, and enforcement of arbitration or litigation decisions. If the mortgagee decides to perform the above-mentioned powers in such areas and conducts actions such as recourse, arbitration, litigation, etc., the mortgagor must acknowledge that the contract is also protected by the laws of those areas and may not raise objections. Any provision of this Agreement that is invalid or deemed to be illegal in such jurisdictions is considered invalid or deemed illegal and does not affect the validity of other provisions.
The schedules, schedules and schedules mentioned in this contract are part of this contract.
┌──────────────────────────────────┐
│ │
│ Schedule │
│ │
│ Mortgage Information │
│ │
│ Mortgage Name: │
│Sex: Age: ID number: │
│ Address: Phone: │
│Specify the name of the heir │
│Heir gender: Age: ID number: │
│ │
└──────────────────────────────────┘
┌──────────────────────────────────┐
│ │
│ Schedule │
│ │
│ Property Summary │
│ │
│ Property address: Building name: │
│Buildings: Number of buildings: Year: │
│ area: │
│Use: Purchase price: │
│ │
│Room title certificate number: Shenzhen Municipal People's Government property certificate all deep room word number │
│ │
└──────────────────────────────────┘
┌──────────────────────────────────┐
│ │
│ Schedule │
│ │
│ Instalment Payment Schedule │
│ │
│ loan amount: ____ amortization period: period │
│ loan interest rate: ____ PCT or the mortgagee │
│ Interest rate adjusted according to market conditions. Pay the same day every month, if the payment date is not │
│ is the working day, which means that the bank opens the door business, the installment payment must be one day before the payment date │
│Payment. │
│ First repayment date: 19_year_month_day│
│ Before the mortgagee has not adjusted the interest rate, the amount and interest payable in each period): __. │
│ │
└──────────────────────────────────┘
The mortgagor has read and agreed to abide by all the terms of this contract and acknowledge the receipt of the loan. The following signatures are true:
The mortgagee agrees to perform the terms of this contract, the following signature is true: the bank representative signature:
The notary office witnesses the signature of the witness:
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