Real estate mortgage contract

Mortgage agent:

Mortgagor:

Bond issuer:

Chapter 1 General

According to the "Special Financial Bonds Trusteeship Repurchase Measures" and the "Special Rules for the Implementation of Special Financial Bonds Trusteeship Repurchase Measures", in order to ensure the realization of the claims of the special financial bonds issued by Party C in the year, Party B is willing to own As a collateralized asset, the asset provides a collateral guarantee for Party C's debt from the bondholders' integration of funds.

According to the requirements of ________, Party A shall act as the holder of all bonds under special financial bonds, sign this contract with Party B and Party C and exercise the rights under this contract.

As the bond issuer, Party C promises to provide comprehensive assistance and convenience for the mortgage work under this special financial bond.

Party A's right to exercise the right is: from the date of registration of the mortgage registration authority to the maturity date of the bond under this contract, after which the rights under this contract are exercised separately or jointly by the bondholder or its agent and other creditors. .

After review, Party A agrees to accept Party B's asset mortgage guarantee. In order to clarify the rights and obligations of Party A, Party B and Party C, this contract is formulated in accordance with relevant state laws and other relevant regulations.

Chapter II Definition

Article 1 The bond issuer refers to the financial institution that has been approved by the People's Bank of China to issue special financial bonds, namely Party C.

Article 2 Special Financial Bonds – refers to the securities issued by Party C that are specifically approved for the settlement of securities repurchase debts with the approval of the People's Bank of China.

Article 3 The mortgagor, that is, Party B under this contract, refers to the third party who guarantees the issuance of this special financial bond by the assets it owns as the collateral assets.

Article 4 The mortgagee means all the bondholders under the special financial bonds issued by Party C.

Article 5: Mortgage - means that after the legal relationship of the mortgage guarantee is established, when Party C fails to perform the obligations under this special financial bond, Party A shall discount the mortgaged assets in accordance with the law, or auction or sell the mortgaged assets. The price of the premium is given priority.

Article 6 The value of the mortgaged assets shall be assessed by the evaluation agency designated by the People's Bank of China or confirmed by Party A.

Chapter III Party A's Statement Article 7 As the agent of the mortgagee under this contract, Party A shall make the following statement on this contract:

1. During the term of this contract, if Party B leases or transfers the mortgaged assets under this contract to a third party without the written consent of Party A, Party A may still exercise its rights to the mortgaged assets;

2. Any third party has an infringement of the bondholder’s rights under this contract, and Party A has the right to file a lawsuit;

3. During the term of this contract, if Party B re-establishes any form of mortgage under the mortgaged assets under this contract without Party A's written consent, the mortgage will be invalid;

4. The mortgaged assets under this contract can only be used to prevent the risk of special financial bonds from being due;

5. If Party C clears the debt in advance or as scheduled, Party B may request Party A to notify the mortgage registration authority to cancel the mortgage registration;

6. During the term of this contract, Party B shall insure the property insurance for the mortgaged assets under this contract and provide relevant supporting documents to Party A;

7. When the value of the collateral set under this contract is insufficient to cover the value of the expenses such as the principal and interest of the company, Party A has the right to request Party B to provide other assets in time for mortgage, until it is sufficient to guarantee the repayment of the principal and interest of Party C. The value of the item is timed.

Chapter IV Statement and Guarantee of Party B

Article 8 As the mortgagor under this contract, Party B shall make the following declaration and guarantee for this contract:

1. Party B's Board of Directors has agreed to mortgage the mortgaged assets under this contract;

2. The land use right under this contract is obtained and legally possessed by Party B according to law;

3. The buildings on the land under this contract are legally acquired by Party B and have full ownership;

4. There is no dispute over the ownership of the mortgaged assets under this contract;

5. The mortgaged assets under this contract are in full compliance with the law in construction and use;

6. There is no restriction on the establishment of mortgages on mortgage assets under this contract;

7. No mortgages or assignments have been established for the mortgaged assets under this contract prior to the signing of this contract;

8. The mortgaged assets under this contract have not been seized, seized or supervised according to law;

9. If the mortgaged assets under this contract have been partially or fully leased at the time of signing this contract, Party B shall ensure that the lessee is notified of the establishment of the mortgage and notify Party A in writing of the lease;

10. According to the “Special Financial Bond Trusteeship Repurchase Measures” and the “Implementation Rules for the Special Financial Bonds Trusteeship Repurchase Measures”, Party A acts as the agent of the bondholders and signs the contract on behalf of the bondholders. The person and Party A may exercise the mortgage, or may entrust other agents to exercise the mortgage, and Party B shall not defend against this;

11. Before the debt secured by the mortgage under this contract is not settled, Party B may not require the mortgage registration management department to cancel the mortgage registration of the mortgaged assets under this contract without the written consent of Party A;

12. When the value of the collateral set under this contract changes, not enough to guarantee the value of the expenses such as the principal and interest of the party, the other assets will be mortgaged at the request of Party A until it is sufficient to guarantee the repayment of the debt issued by Party C. The value of the principal and interest expenses;

13. Party B guarantees that the annual business license inspection shall be conducted in accordance with the law, and the industrial and commercial registration formalities shall be renewed before the expiration of the validity of its business license.

Chapter V Types and Amounts of the Main Claims Guaranteed

Article 9 The guaranteed main creditor's right under this contract means ___________________

Article 10 Mortgage assets under this contract

Chapter VI Term of Bond Issuer's Performance of Debt

Article 11 The bond issuer shall repay the principal of the bond and the corresponding interest on or before the bond maturity date.

Chapter VII Scope of Mortgage Guarantee

Article 12 The scope of the mortgage guarantee of this contract includes: bond principal, interest, penalty interest, the custody fee payable to Party B, the cost of realizing the mortgage and all other fees payable.

Chapter VIII Mortgage Assets

Article 13 The mortgage assets under this contract include:

Total area of ​​mortgage assets above

Article 14 According to ______ Assets Appraisal Co., Ltd., the value of the mortgaged assets under this contract is RMB, as confirmed by Party A, B and C.

Article 15 Party B shall, in accordance with the requirements of Party A, hand over to Party A for custody of the valid certificate files and materials related to the asset mortgage.

Chapter IX Management of Mortgage Assets

Article 16 The mortgaged assets under this contract shall be occupied by Party B. Party B shall maintain the integrity of the mortgaged assets during the period of occupation, and Party A shall have the right to inspect the management of the mortgaged assets and propose to strengthen and improve the operation and management.

Article 17 If the mortgage assets occupied by Party B are damaged or lost, Party B shall promptly inform Party A and take immediate measures to prevent the loss from expanding. At the same time, Party A shall promptly submit to Party A the relevant reasons for the damage and loss caused by the competent authority. .

Article 18 During the mortgage period, the compensation for the mortgaged assets under this contract due to damage or loss shall be the mortgage assets under this contract.

Article 19 During the mortgage period, Party B shall, in writing, request and guarantee that the insurance company will remit the designated account of Party A due to the damage or loss of the mortgaged assets, and the funds shall be used as collateral assets.

After Party B has separately provided the equivalent mortgage assets approved by Party A and registered the mortgage, Party A shall return the insurance premium to Party B.

Before the expiration of the main debt and the debt has not been liquidated, Party A has the right to receive priority from the insurance.

Article 20 During the mortgage period, Party B shall insure the mortgaged assets and pay the insurance premiums in full and on time to fulfill the obligations stipulated in the Insurance Law and relevant laws, regulations and insurance contracts.

Chapter X Disposition of Mortgage Assets

Article 21 Party A shall have the right to take the following measures when acting as the mortgagee to exercise the mortgage under this contract:

1. According to the law, the mortgaged assets will be discounted to cover the debts owed by Party C.

2. According to the law, auction and sell the mortgaged assets to obtain the preferential payment.

3. When Party A, Party B and Party C have reached a dispute on the exercise of the mortgage right of Party A, ______________ mediation and handling.

Article 22 When Party A disposes of the mortgaged assets in accordance with this contract, Party B and Party C shall cooperate and shall not set any obstacles.

Article 23 Party A's right to dispose of the mortgaged assets under this contract includes partial disposition and full disposition.

Chapter XI The rights and obligations of the three parties

Article 24 The rights and obligations of Party A:

1. Party A may require Party B to make adjustments to the assets it has mortgaged, including the replacement and addition of mortgage assets, based on the changes in the value of Party B's mortgage assets.

2. Party A has the right to request Party B to provide all legally valid certificates and relevant information about the mortgaged assets under this contract.

3. Party A has the right to request Party B to assist in avoiding the infringement of the rights of the mortgaged assets under this contract from any third party.

4. In order to ensure the interests of bondholders, Party A has the right to supervise the status of the mortgaged assets during the mortgage period, and organize the assessment agency to conduct reassessment and issue assessment opinions.

5. In the case of one of the following circumstances, Party A has the right to dispose of part or all of the mortgaged assets, and the mortgagee is preferentially compensated from the price after the disposition.

Party B or Party C shall be declared dissolved, bankrupt or closed during the term of this contract;

Party C has a lawsuit with a third party, and the court has ruled that Party C has lost the lawsuit, which has a significant impact on Party C’s settlement of the principal, interest and other expenses under this special financial bond;

The repayment period under this special financial bond has arrived, and Party C has not returned the principal, interest and other expenses;

There are other circumstances that make Party A's claims under this special financial bond difficult or impossible to achieve.

6. If Party A disposes of the proceeds of the mortgaged assets, which is insufficient to pay off all the debts under this special financial bond, it has the right to pursue it separately according to law; if there is any remaining debt under this special financial bond, there will be remaining The remaining part should be returned to Party B.

7. When the state needs to requisition the mortgaged assets under this contract, Party A has the right to request Party B to reset or increase the mortgage assets in accordance with the law to ensure that Party A's rights and interests are not protected.

8. After Party C has paid off all the debts under this contract, Party A shall notify Party B and the relevant registration authority to release the mortgage after approval by the People's Bank of China.

Article 25 The rights and obligations of Party B:

1. Party B is obliged to provide Party A with all legal procedures and valid proof of the mortgaged assets.

2. Party B shall bear the relevant expenses and expenses under this contract, including but not limited to property insurance, appraisal, evaluation, registration, transfer, custody and review of the fees and services of lawyers who add or change assets under this contract.

3. During the term of this contract, Party B shall not transfer, lease, re-collateralize or otherwise dispose of the mortgaged assets without the written consent of Party A.

4. After the entry into force of this contract, if Party B is divided or merged, the changed organization shall bear the obligations under this contract.

5. When the mortgage is subject to or may be infringed by any third party, Party B is obliged to notify Party A and assist Party A to protect against Party A.

6. After Party C or Party B has paid off all the debts under this special financial bond, Party B has the right to request Party A to cancel the mortgage registration of the mortgaged assets under this contract.

7. Party B shall actively cooperate with Party A and the asset appraisal agency to supervise and reassess the status of the mortgaged assets during the mortgage period.

8. When the value of the collateral set under this contract changes during the mortgage period and is insufficient to guarantee the expenses such as the principal and interest of the party, the insufficient party B shall be obliged to provide other assets in time for the mortgage of Party A, until It is sufficient to guarantee the settlement of the expenses such as the principal and interest of Party C.

Article 26 The rights and obligations of Party C:

1. Party C shall assist Party A and Party B in handling the registration of mortgage assets.

2. When Party A exercises its rights under this contract, Party C shall provide assistance as required by Party A.

3. Assistance should be given when a party or other bondholder’s agent files a lawsuit to secure a mortgage.

4. Party C shall provide Party B's information on the status of the mortgaged assets as required by Party A. If the mortgaged assets are damaged, lost, changed in value or other circumstances that may cause obstacles to the realization of the mortgage rights, Party A shall promptly notify Party A, and Cooperate with Party A and Party B to adjust the mortgage assets, including replacing or adding mortgage assets.

5. Have a duty to review the authenticity of the mortgaged materials provided by Party B to Party A.

6. Supervise Party B to perform other obligations under this contract.

Chapter 12: Liability for breach of contract

Article 27 After the entry into force of this contract, Party A, Party B and Party C shall perform the obligations stipulated in this contract and shall not affect the performance of the obligations under this contract due to changes in their legal representatives or other relevant personnel.

If either party fails to perform or does not fully perform its obligations under this contract, it shall bear the corresponding liability for breach of contract and compensate for the losses caused thereby. If Party B fails to perform the obligations under this contract to cause losses to the bondholders or Party A, Party C shall be jointly and severally liable.

Article 28 If Party B causes losses to the bondholder or Party A if one of the following acts occurs, Party B shall compensate:

1. Concealing the existence, controversy, seizure, seizure, supervision or establishment of mortgages of mortgage assets;

2. Failure to provide complete procedures and real information about the mortgaged assets as required by Party A;

3. Dispose of the mortgaged assets without the consent of Party A.

Chapter XIII Force Majeure

Article 29 Force majeure refers to a situation that cannot be foreseen when this contract is concluded, and the consequences of its occurrence and consequences cannot be avoided and cannot be overcome.

Article 30 If this contract must be amended due to force majeure, Party B guarantees that any change will not exempt or reduce Party B's obligations in this contract, and does not affect or infringe Party A's rights and interests under this contract.

Chapter 14 Mortgage Registration

Article 31 Within 30 days after the signing of this contract, Party A, Party B and Party C shall go through the procedures for registration of asset mortgages at the relevant land and housing management authorities.

Chapter 15 Dispute Resolution

Article 32 If a dispute arises in the performance of this contract, Party A, Party B and Party C shall resolve it through negotiation or mediation; if the negotiation or mediation fails, it shall be settled through the lawsuit in the __________ court.

Chapter XVI Effectiveness, Change, Dissolution and Termination of the Contract

Article 33 After the contract has been signed by the three parties, including A, B and C, and the official seal is affixed, it shall take effect from the date on which the relevant land and housing management authorities have completed the mortgage registration formalities.

Article 34 After the contract is in force, either party A, B or C shall not arbitrarily change or terminate this contract in advance. If the contract needs to be changed or cancelled, it shall be agreed by the three parties to reach a written contract and go to the relevant land and housing management authority to handle the change or cancel the mortgage registration. The terms of this contract are still valid until the written contract is reached and the registration authority has gone through the process of changing or canceling the formalities.

Article 35 The term of the mortgage of this contract shall be from the date of entry into force of this contract .

Chapter XVII Subsidiary Files Article 36 The subordinate file of this contract is an integral part of this contract and has the same legal effect as the body of this contract.

Article 37 The subsidiary files of this contract include:

1.__________ Limited Board of Directors resolutions;

2. _________ Limited State-owned land use certificate;

3. _________ Limited Business License;


Chapter 18 Supplementary Provisions

Article 38 The original form of this contract is ____ copies, and Party A, Party B, Party C, the mortgage registration authority, and _________ each hold one copy, and their legal effects are the same.