中英文翻译模板-个人住房借款合同(北京农业信用合作社).doc

Individual Housing Loan Contract(Mortgage plus periodically promising loan)Serial no. (2005) year ( J) ZI No. (5099)Beijing Rural Credit Cooperatives Party A( borrower, mortgager): SUN QianID No. 440301650427416Address: Room 501, Unit 4, Building 65, Art Gallery Houjie, Dongcheng District, BeijingTel:ostcode:100010Account opening credit cooperative: Beijing Haidian District Dongsheng Rural Credit CooperativesAccount No. 040600000127093Party B (lender, mortgagee): Beijing Haidian District Dongsheng Rural Credit CooperativesAddress: No. 1 Jia, Qinghua Donglu, Haidian District, BeijingTel: 62312092Postcode: 100083Legal representative: WANG YongcaiParty C (guarantor, namely developers and house-sale units): Derun Real Estate Development Group Co., Ltd.Address: Industrial Development Zone, Miyun County, BeijingAccount opening credit cooperative: Beijing Haidian District Dongsheng Rural Credit CooperativesAccount No. 0100000103000000404Tel: 65995332Postcode: 101500Legal representative: ZHUANG YihongNoticeIn order to protect your interest, please read the following items carefully before signing the contract:1. You have had the law common sense of housing purchase loan and guarantee for Beijing Rural Credit Cooperatives;2. You have had red all the items in this contract, and learn their meaning;3. You have made sure that the hand-in materials are authenticable, legal and effective;4. You have make sure that you have the authority to sign the contract;5. You have known that you have to be responsible for all the cheating, breaching behaviors.6. You sign the contract in the principle of honest and credit.7. Please use pen, brush pen or signature pen to fill the blanks tidily.If you have problems on this contract, please consult to Beijing Rural Credit Cooperatives or the districts and towns associations.ContentsChapter one General principleChapter two LoanChapter three Repayment of loan Chapter four Guarantee of loanChapter five InsuranceChapter six Rights and ObligationsChapter seven Alteration of the contractChapter eight Responsibilities of breaching the contractChapter nine Other contracted itemsChapter ten Special signed itemsChapter one General principleArticle 1.The contract is signed according to the Civil Law General Rules of P.R.C., Contract Law of P.R.C., Guarantee Law of P.R.C., Loan Rules, Chinese People Bank Individual House Loan Management, and Beijing Rural Credit Cooperatives Individual House Loan Operation Regulations.Article 2. All the parties are equal, willing, honest and credit to sign the contract through negotiation, and promise to obey the contract.Article 3. The contract includes loan, mortgage, guarantee and so on.Chapter two LoanArticle 4. The purpose of loanIn the article 47 of this contract.Article 5. The amount of loan.In the article 48 of this contract.Article 6. The term of loan.In the article 49 of this contract.Article 7. The interest rate of loan.In the article 50 of the contract.In case the interest rate of the loan under this contract is adjusted by state within the term, the new interest rate is used from the first day of the coming year. But if the adjustment is within one year of the term (including one year), the interest rate of this contract is not changed.In case the state legal regulated interest rate is adjusted, Party B has obligation to implement the related regulations of Peoples Bank of China, and notice to Party A is not needed.Article 8. The mode and conditions of repayment.Party A and Party B agree to adopt the special mode of repayment, namely Party B directly delivers the loan to the account opened by Party C according to the signed advanced Entrust transferring payments Authorization. The name and number of the account is in the article 51 of this contract.Chapter three Repayment of loanArticle 9. The principles of repaymentParty A should repay the principal and interest of loan from the next month after the loan has transferred into the account opened by Party C. One month is a repayment period, the present principal and interest should be paid off within the present month. The repayment day is 25th of every month, and the repayment of last period should not later than the contract term.Party A and Party B should obey the principle of repaying the principal first and the interest second, and the principal and interest are prepaid off at the same time. The repayment items of Party A are accounted in the order of “owed interest before period-interest in present period-the principal”Article 10. The total periods of repayment.Party A and Party B agree that Party A repay the loan monthly, and confirm the total periods of repayment. The details are in article 52.Article 11. The methods of repayment.If the loan term is within one year, the mode of repayment is paying the principal and interest at one time.If the loan term is over one year, Party A and Party B agree to adopt the first measure as follows, Party A shall repay the principal and interest of the loan monthly.1. Equal amount of principal and interest repayment, namely Party A repay equal capital monthly.Repayment amount monthly= Interest rate monthly(1+ Interest rate monthly)total repayment periodsprincipal of loan/ (1+ Interest rate monthly)total repayment periods12. Repayment amount monthly=(Principal of loan/ months of loan ) + the balance interest rate yearly the actual days360Article 12 The mode of repaymentParty A should repay the principal and interest of loan from the next month after the loan has transferred into the account opened by Party C. One month is a repayment period, the present principal and interest should be paid off within the present monthIf the individual account Party A is frozen, deducted or altered, Party A should offer a new account to Party B.If Party A wants to alter the account within the repayment term, he should deliver the writing application to Party B 10 days before the next repayment day.Article 13. Repayment in advanceParty A should repay the loan in advance within the loan term, but should inform Party B 10 days before the next repayment day. If the Party B approve, partial or all the loan can be repaid in advance.Article 14. Extension of the repayment term.If Party A can not repay the loan according to the contract term, he should inform Party B in writing form 20 days before the next repayment day. After the approval of Party B, both parties should sign the extension agreement. The application limit to one time and the sum of the original and extended term limit to 30 years.Article 15. The mode of due repayment.Party A deposits enough money to the appointed account, and Party B deducts the money on the next repayment day. Before the next repayment day, Party B should charge the double interest of the due part of the repayment.Chapter four Guarantee of loanArticle 16. The loan guarantee is mortgage plus periodically promise.Article 17. The guarantee items are independent from this contract.Article 18. Mortgages. The details are in article 53.Article 19. The scope of guarantee mortgagesThe scope of guarantee is not limited to the loan, interest, the penalty and holding cost from Party A, and the debts cost from Party B.Article 20. Guarantee sharing persons. The details in article 54.Article 21.When Party A gets the house property certification, both parties should register the mortgages, the cost of registration charges Party A .Article 22. The term of mortgage.The term is from the registration day to the debts pay-off day.Article 23. Within the term of mortgage, Party A should hand over the house property certification and other original materials to Party B.Article 24. During the term of mortgage, if the mortgages are too damaged to be resumed, or seized by judicial branch, Party A should inform Party B in writing form, and offer the new mortgages and loan guarantee.Article 25. The relationship of mortgage is terminated as soon as all the loan has been paid off by Party A.Article 26. The scope of guaranteeScope of guarantee is principal of the loan, interest, fine interest and costs to implement debt.Article 27. The mode of guarantee.Within the term of guarantee, Party C is willing to be responsible for the related responsibilities of Party As debts.Article 28. The term of guarantee.The term is from the day of signing the loan contract to the day of handing over the house property certification to Party B.Article 29. Party A and Party B can alter the contract without the permit of Party C in the following situations:1. Extend the term of repayment.2. Increase the amount of loan.Article 30. Within the term of guarantee, if the interest rate is adjusted by the state, there is no need to inform Party C.Chapter five InsuranceArticle 31. Insurance1. After the sign of the contract, Party A should engage in the mortgage property insurance to the appointed insurance company.2.Party A should hand over the insurance policy to Party B within 3 days after engaging in the insurance.3. The insurance policy should note the Party B is the first beneficiary, and any limited conditions to Party B s interest are forbidden. Details are in article 59.4. Party A should inform Party B within 3 days after the insurance accident occurring.Chapter six Rights and ObligationsArticle 32. The rights and obligations of Party A1. Party A has the right to learn, consult, and known the details of house purchasing loan.2. Party A has obligation to offer the authentic loan materials and documents to Party B. 3. Party A has right to get the corresponding loan according to the contract.4. Before the term of pay- off day, Party A has the right to live with repaying on schedule.5. If Party A has paid off all the principal and interest of the loan, and fine interest and costs to implement debt, Party A has the right to bring back the house property certification and other important documents from Party B.6. Party A should repay according to the contract.7. Party A can not use the loan in other purpose.8. Party A is in charge of the cost of evaluation, insurance, inspection, and registration.9. Party A should inform Party B in writing form within 10 days after the address changed.10. Party C has implemented the obligation of guarantee, Party A should agree Party B to transfer the mortgage to Party C. 11. Party A should protect the mortgages well.12. Within the mortgage term, Party A should get the writing permit from Party B if transferring the mortgages.Article 33. The rights and obligations of Party B 1. Party B has the right to check the validity and authenticity of the materials and documents from Party A.2. Party B has the right to attest the house property purchased by Party A.3. Party B has the right to check the purpose of the loan.4. Party A has the right to handle the mortgages and get the compensation first.5. If the mortgages are damaged accidentally, Party B has the right to ask Party A to offer new guarantee or recover the value of the mortgages.6. Within the term of guarantee, Party B has the right to supervise Party Cs capital and property.7. Party B should deliver the loan according to the time in the contract.8. If Party C has paid off all the loan instead of Party A, Party B should hand over the related documents to Party C.9. Party B should protect the house property certification and other related documents well, otherwise Party B should be responsible.Article 34. The rights and obligations of Party C1. Party C has the right to learn, consult and known the details of house purchasing loan.2. Within the term of guarantee, if Party C loses the ability of guarantee, should inform Party B 30 days in writing form.3. Within the term of guarantee, Party C has the obligation to accept the supervision from Party B.4. Within the term of guarantee, Party C should not offer guarantee to the third party.5. After getting the notice of completing the house, Party C has the right to assistParty A handling the documents about applying the house property certification, and register mortgages with Party A and Party B together.6. Party C should inform Party B in writing form within 10 days after the alteration of Party Cs address.Chapter seven Alteration of the contractArticle 35. After the contract comes into efficient, any party has no right to alter and cancel the contract without all the parties approval in writing form.Article 36. If Party A wants to transfer the rights and obligations of the contract to others, the approvals in writing form from Party B and Party C are needed.Article 37. If Party A has died or disappeared, the inheritor has obligation to implement the contract. If the inheritor does not do the obligation, Party B has the right to sell the house to pay off the debts of Party A.Article 38. If Party A wants to extend the loan term, both Parties have to sign the extending loan term agreement, and handle the procedures of insurance, mortgage registration and loan guarantee.Chapter eight Responsibilities of breaching the contractArticle 39 Party As responsibilities of breaching the contract1. If Party A uses the loan not according to the contract, Party B should charge the interest as penalty according to article 55.2. If Party A does not pay off the loan within the loan, Party B has the right to charge the interest as penalty according to article 56.3. Within the term of loan, if Party A does not repay the principal and interest of the loan, Party B can charge the interest of the balance according to article 7, and charge the breaching penalty according to article 57.4. Party B has the right to terminate delivering loan and cancel the contract according to the following situations.5. If Party A hides the fact that the mortgages contains sharing, dispute, and be seized, sealed up or confiscated. Party A is responsible for the compensation of Party Bs loss.Article 40. Party Bs responsibilities of breaching the contractIf Party B does not deliver the loan on schedule, the penalty is charged according to article 58.Article 41. Party Cs responsibilities of breaching the contractParty B has the right to terminate delivering loan, cancel the contract and bring back the delivered part of loan in the following situations.1. Party C refuses Party B to supervise his capital and property.2. Party C offers guarantee to the third party.Article 42. Party B deals with the capital from the mortgages in the order as follows:1. Pay the cost of disposing the mortgages.2. Repay the principal and interest of the loan.3. Repay the penalty and compensation to Party B.4. The left capital after the above payment, Party B should return to Party A.Chapter nine Other contracted itemsArticle 43. The method of handling the dispute of contract.If the dispute occurs, negotiation is needed. When the dispute fails to reach agreement among the three parties, any of the parties may submit to the local Peoples Court. During the negotiation and litigation, the articles out of dispute should still be implemented.Article 44. The effect and termination of the contractThis contract comes into effect after the sign of all the parties, and ends when the principal and interest of loan and related cost have been paid off.Article 45. Other contracted items. The details in article 60.Article 46. The copies of the contract.The details in article 61.Chapter ten Special signed itemsArticle 47. Agreement for article 4.The purpose of loan: Purchasing Room 25D, 25th Floor, Building A-1, Wanhao Guoji DepartmentLocation of the house: Garden 5, Lingtongguan, Yonganxili, Chaoyang District, Beijing.Article 48. Agreement for article 5Party B provides loan RMB (in word) Two million two hundred and forty thousand, (2,240,000 Yuan). Namely 79.72% of the total amount of the purchasing house.Article 49. Agreement for article 6.The term of loan is 15 years, from Apr.25, 2005 to Apr.24, 2020.Article 50. Agreement for article 7.The interest rate monthly of loan is 4.59, according to the legal interest rate in the delivering day Article 51.Agreement for article 8.Name of the account: Derun Real Estate Development Group Co., Ltd.Account No. 0406000103000000405Article 52. Agreement for article 10.The total repayment periods are 180 installments.Article 53. Agreement for article 18.The description of the mortgaged house:1. Location: Garden 5, Lingtongguan, Yonganxili, Chaoyang District, Beijing.Room: Room 25D, 25th Floor, Building A-1, Wanhao Guoji Department2. Type:3. Construction:4. Construction area: 189.65 square meters5. Value of the house property: 2,809,665 Yuan6. Serial No. of the house purchasing contract: 50997. Serial No. of the house property certification:Article 54. Agreement for article 20.The sharing person LI Ming agrees to mortgage this house.The sharing person: LI Ming (signature)ID No. 110101550506357The relationship with Party A: Spouse (sealed)Article 55. Agreement for the first item in article 39.The interest rate for the embezzled loan is the original rate plus 30% .Article 56. Agreement for the second item in article 39.The interest rate for the due loan