Car mortgage loan contract
Enter into the contract:
Mortgage: _____, hereinafter referred to as Party A:
Mortgage holder: ____, hereinafter referred to as Party B.
In view of the fact that Party A owes Party B the payment of ____ yuan for temporary repayment, Party A guarantees the repayment, and has reached this mortgage contract after consultation with Party B.
The name, quantity and value of the first collateral
1. Name: _____.
2. Quantity: _____.
3. Value: _____.
Second mortgage period
The mortgage period is ____ years, starting from __________ and ending on _______.
Article 3 Checking, Temporary and Insurance of Collateral
1. Inventories: Within five days after the entry into force of this contract, Party A and Party B jointly check the quantity and quality of the collateral and list them. After verification, both parties sign the list and affix the official seal to show approval.
2. Temporary management: Party A shall be responsible for the temporary and complete loss of the collateral. All warehousing and other management expenses shall be borne by Party A.
3. Insurance: Within five days after the contract takes effect, Party A shall insure the insurance company for warehouse property insurance and transfer the property after insurance to Party B. If the insured collateral suffers losses due to force majeure, Party B will directly obtain all the compensation from the insurance company as part of the repayment of the arrears.
Article 4 Sales and supervision of collateral within the mortgage period
1. The sales of the collateral is still the responsibility of Party A. Party A shall organize the personnel to actively promote the sales and directly transfer the sales amount to the account designated by Party B as one of the sources of funds for repaying the principal and interest of the arrears.
2. When Party A signs a supply and sales contract with the acquirer, it shall state in the contract that the money is transferred to the ___ bank ___ branch ___ account, which is the account designated by Party B. Party A shall submit the sales contract to Party B for trial three working days in advance of delivery. The sales contract signed in the foreign country shall promptly submit the copy of the contract or photocopy to Party A for approval before delivery.
3. Party A shall provide Party B with monthly financial plan, material inventory, financial accounting statements and relevant economic data. Party B shall, when it deems necessary, have the right to inspect the inventory of collateral, sales and account information related to the collateral. Party A shall provide assistance.
Article 5 Party A's obligations and liability for breach of contract
1. Party A shall guarantee that it is the legal owner of the mortgage. Party A shall be liable for compensation in the event of a dispute arising from the ownership of the collateral and causing Party B's loss.
2. After the signing of this contract, Party A shall hand over all original documents and bills related to the collateral to Party B.
3. Party A shall properly keep the collateral and shall not lose or damage it. If Party A causes damage to the collateral due to intention or negligence, Party B shall provide Party B with new collateral within fifteen days.
4. Party A shall not transfer, sell, re-collateralize or otherwise dispose of the collateral without the consent of Party B.
If Party A violates the provisions of the preceding paragraph, Party B has the right to temporarily suspend the collateral and notify Party A in writing. Party A shall, within three days after receiving the notice, hand over the collateral to Party B. If it fails to pay within the time limit, Party B may apply to the ___ People's Court for enforcement. Party B shall be compensated by Party A for the economic losses suffered thereby.
5. If Party A violates the provisions of Paragraph 2 of Article 4 of this contract, the act of disposing of the collateral is invalid, and Party B shall be compensated by Party A for the economic losses suffered thereby.
Article 6 The disposition of the collateral, the manner of disposition and the order of use of repayment
1. Upon the expiration of this contract, Party A shall not be able to pay off the principal and interest of the arrears, and Party B shall have the right to apply for the disposal of the collateral to the ___ People's Court.
2. The method and procedure for the disposal of collateral are determined by the ____ People's Court.
3. The price of the collateral is priced by the ___ Municipal Price Bureau.
4. The proceeds from the disposal of the collateral are used in the following order.
First: pay the cost of disposing of the collateral.
Second: pay taxes on collateral.
Third: repay the taxes owed to Party B's loans.
If the above amount is deducted, there is still a balance and should be returned to Party A. If the collateral is not enough to pay back the principal and interest. Party B can still recover the arrears from the debtor according to the original loan contract.
Article 7 Other
1. This contract is signed by the legal representative of both parties, and the official seal is signed and validated by the ___ city notary office. The notarization fee shall be borne by Party A.
2. When Party A's mortgage period expires, due to actual difficulties, it is still unable to pay off the principal and interest of the loan on time and request to extend the mortgage period. Party A shall submit a written application, Party B shall review and agree to sign the supplementary agreement and act as an auxiliary file of this contract. The mortgage period can be extended.
3. This contract is a creditor's right instrument that has been entrusted by the ___ City Notary Office. If either party fails to perform the contract, the other party may apply directly to the ___ People's Court for enforcement according to the provisions of Article 186 of the Civil Procedure Law.
4. In the event that the contract is not completed, Party A and Party B may negotiate separately and sign a supplementary agreement. The Supplementary Agreement is equally valid as this Agreement.
The original of this contract is in triplicate, one for each party, and one for the notary office. A copy of the __ share, send ___ and other relevant units to keep a copy.
Mortgage: ______ Mortgagee: ______
Representative: ______ Representative: ______
Address: _______ Address: ________
Bank and account number: ______ Bank and account number: _______
____ years __month __ date
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