Yancheng Real Estate Mortgage Covenant
Mortgagor:_________________________
mortgagee:_______________________
Party A pledges its own real estate and its attachments to Party B for _________ as a guarantee of _________. Party A and Party B shall enter into this contract upon mutual negotiation in accordance with the principles of voluntariness, mutual benefit, fairness and good faith.
Article 1 The real estate is located in _________________ construction area _________ square meters, land area _________ square meters, house ownership certificate number _________, total ownership number __________, land use right certificate number __________, common attachment _________ pieces, collateral value: _________________. Was mortgaged to ________ on ____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
Article 2 Party A shall mortgage all or part of the above real estate and its attachments to Party B, in the scope of _________________.
Article 3 The value of this mortgage secured debt is RMB: ____________________
Article 4 The real estate guarantees for the mortgage are the principal, interest, penalty interest, liquidated damages and related taxes and fees of the secured debt.
Article 5 Deadline for appointment: _______________ years, from _______ years _______ months _______ days to _______ years _______ months _______ days.
Article 6 During the mortgage period, the collateral is occupied by Party A. Party A shall maintain the integrity of the collateral during the period of possession, and Party B shall have the right to inspect the collateral occupied by Party A, and Party A shall take the initiative to cooperate.
Article 7 During the mortgage period, Party A shall not transfer or arbitrarily dispose of the collateral without the written consent of Party B, and shall not change the nature of its use; if the collateral is bequested or inherited, the beneficiary or heir shall promptly notify in writing Party B.
Article 8 In addition to natural wear and tear, the collateral is damaged. Party A shall take measures to be responsible for maintenance and repair to reduce losses. Party A shall bear the expenses and notify Party B in time.
Article 9 If the collateral caused by the negligence of Party A cannot or is insufficient to guarantee the debt, Party A shall provide or increase the guarantee in a timely manner.
Article 10 When mortgageing a house that has been leased, the mortgagor shall inform the mortgagee of the fact that the house is leased, and shall also inform the lessee in writing. After the mortgage contract takes effect, the original lease contract will continue to be valid.
Article 11 In the mortgage relationship, the subject of the contract changes, the contract continues to be valid, and the rights and obligations stipulated in the contract are enjoyed and undertaken by the contractual entity after the change. The mortgage party shall jointly apply to the real estate mortgage registration authority to apply for the registration of the contract change. If the terms of the contract change, the contract must be re-signed.
Article 12 Liability for breach of contract: ______________________________________________
Article 13 After the signing of the mortgage deed, if the debtor fails to perform the debt according to the contract, the parties may negotiate to dispose of the mortgaged real estate through legal means such as auction. If the agreement fails, the mortgagee can file a lawsuit in the people's court.
When disposing of collateral, the proceeds are allocated in the following order, in addition to the land use rights acquired by way of allocation:
Pay the cost of disposing of the collateral;
Taxes and fees that should be paid for withholding collateral;
Repayment of creditor’s principal, interest, penalty interest and liquidated damages;
The remaining price will be returned to Party A.
If the price of the original collateral is insufficient to repay the principal and interest of the party B or the relevant expenses, Party B has the right to recover the part to be repaid.
Article 14 The mortgage party must abide by the provisions of the Urban Real Estate Management Law of the People's Republic of China, the Measures for the Administration of Urban Real Estate Mortgage, and the Regulations of the Jiangsu Municipal Real Estate Transaction Management and related regulations.
Article 15 In the event of a dispute arising from the performance of this contract, Party A and Party B shall resolve it by negotiation. If the negotiation fails, it shall be submitted to the Yancheng Arbitration Commission for arbitration or directly to the people's court.
Article 16 After all the terms of this contract have been fulfilled, the mortgage relationship will be terminated. Party A and Party B shall, within fifteen days, go to the real estate mortgage registration authority to apply for the cancellation of the other rights of the house.
Article 17 This contract shall become effective after it has been signed by both parties and verified by the supervisory authority.
Article 18 The unfinished matters of this contract shall be implemented in accordance with the relevant laws, regulations and provisions of China, or may be separately agreed by Party A and Party B. The supplementary agreement shall be signed by both parties and approved by the real estate mortgage registration authority. Have the same equivalent.
Article 19 This contract is a form of _________, and each of the A, B, and the supervisory authorities shall perform the duties.
Article 20 Other matters agreed by the parties: ____________________________________
person A person B:_____________
Legal representative: _______ Legal representative: ____
Legal address: _________________ Legal address: ______________
Attorney: _______ Attorney: _______
_________Year ______Month ______Day ______Year ______Month______Day
Supervision authority: _________
Supervisor: ___________
_________year month day
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