农行个人住房按揭合同翻译模板演示教学

1、In dividual Hous ing Loa n Con tractAGRICULTURAL BANK OF CHINAIn dividual Hous ing Mortgage Loa n Con tract(DNZ) NY A Zi (2003) No.: Lender: Subbranch of Chongqing Dadukou District Branch Center of the Agricultural Bank of China (here in after referred to as Party A ”)Borrower: xxx (here in after re

2、ferred to as Party B)Guara ntor: xxx(here in after referred to as Party C)In accorda nce with the releva nt laws and regulati ons made by the State, and the Hous ing Loa n Cooperation Agreement (No.: DNZNY AH Zi 2003 xxxxx) relating to such matter that Party A provides Party B with housing mortgage

3、loan and Party C undertakes the guaranty liability, this con tract, by consen sus reached among Party A, Party B and Party C, is sig ned and con cluded. Article IDefin itionThe terms men ti oned in this con tract shall be defi ned as follows uni ess otherwise specified:1. Mortgage: such act that Par

4、ty B purchases commercial housing from Party C, and applies to Party A for loa ns with the said hous ing and its rights and in terests as the pledge.2. Debt: all the payme nts of Party A in debted to Party B un der this con tract, in cludi ng the prin cipal of loa ns, in terest, overdue in terest, c

5、ompo und in terest and other releva nt expe nses.3. Purchase con tract: Commercial Hous ing Purchase/Sales Con tract, Pre-sale Con tract of Commercial Housing or other purchase agreements signed by and between Party A and Party C to purchase the commercial hous ing here un der.4. Pledge: the gen era

6、l term for the commercial hous ing un der this purchase con tract and all the rights and interests related to the commercial housing.5. Mortgage pre-registration: pre-order commercial housing mortgage registration or mortgage registratio n records to be obta ined by virtue of such data and in format

7、i on as permit for pre-saleand purchase con tract, etc. required to acquire the loa n before Party B has not got the property right certificate for its purchased commercial hous ing.Article II The commercial hous ing purchased by Party B1. It is located at 2. Type: residence.3. Structure: steel-con

8、crete comb in ati on frame.4. (In side) buildi ng area: .5. Value: 6. Purchase con tract nu mber.Article IIILoa n amountThe loan amount is RMB (in words), namely, of the total price ofthe commercial hous ing purchased by Party B.Article IV Loan termThe loan term is , from to Article V In terest rate

9、 of loa n1. The monthly interest rate of the loan is . If the loan term is within one year(in cluded), the repayme nt shall be paid off at the con tract in terest rate. If the loa n term is over more than one year, in case of adjustment of the prescribed interest rate, new interest rate provisions s

10、hall be carried out in accordance with the corresponding grade of the interest rate early n ext year.2. The loan interest rate shall be paid monthly, and the expiry date for interest is the 20 th day of each mon th. If the loa n term is with in one year (in cluded), the repayme nt of prin cipal with

11、 in terest shall be made at one time.Article VI Loa n appropriati onParty A shall, within days after the completion of the mortgage pre-registration hereof andthe acquisition of the mortgage pre-registration certificate, transfer the loan amount into the special house-sale account opened by Party C

12、at Party As once in the name of the housing purchase payme nt of Party B.In case of failure to carry out mortgage pre-registration, Party A shall, within / days after Party B hands over to Party A the purchase con tract and other data and in formati on required to proceed property right certificate

13、and fulfill the no tarizati on of this con tract, tran sfer the loa n amount into the special house-sale acco unt ope ned by Party C at Party A once in the n ame of the hous ing purchase payme nt of Party B.Article VIIRepayme nt of loa n1. Party B shall pay the prin cipal and in terest in full amoun

14、t to Party A on schedule.2. If the loan term is more than one year, one repayment period of the principal and interest of the loan here un der shall be one mon th. The repayme nt date of each period is the 20th day of each mon th. The dow n-payme nt will be made on the 20th day of the followi ng mon

15、 th after the occurre nee of loa n.3. Party B, before acquiri ng the loa n lent by Party A, shall apply to Party A for a bank card (cardtype:/, and card number: _/) or open adeposit account at Party A (account number: , and opening bank/place: Subbranch ofChongqing Dadukou District Branch Center of

16、the Agricultural Bank of China). Before the repayment date of each period, Party B shall deposit the principal and interest of the loan for the current period in the said bank card or the deposit account. Party A shall directly deduct the payme nt related to the loa n of this con tract from the said

17、 bank card or deposit acco unt. If the deposit is in sufficie nt to be deducted, Party A shall give a grace period of / day(s); if the acco unt deposit is still in adequate for deduct ion after the grace period expires, all the prin cipal and in terestof the loa n to be paid for the curre nt period

18、shall be deemed as deli nquency.4. The payme nt amount of each period shall be calculated by adopti ng (1) the average prin cipal plus in terest method as agreed by Party A and Party B. Accord ing to the formula, the amount of prin cipal and in terest to be paid can be determ in ed. All the rema ini

19、ng prin cipal and in terest shallbe paid at the last period.Formula:(1) Average prin cipal plus in terest methodPrincipal of the loan x monthly interest rate x (1 + monthly interest rate ) mntMs)f 如 Monthly repayment amount=(1 + monthly interest rate)month(s) of loan - 1(2) Prin cipal degressi on re

20、payme nt methodMonthly repaymentamountPrincipal of the loan+Month(s) of loan(Principal of the loan - accumulativeprincipal amount of the loan paid)Monthly repaymentxamount5. Prepayme nt:If Party B makes prepayme nt, it shall be approved by Party A and carry out such act in accorda neewith the follow

21、 ing provisi ons:(1) Party B may pay part of or all the unm atured loa n before the repayme nt date of each period.(2) Party B shall make prepayment by filing an application to Party A in writing 3 days in advanee.(3) If Party B prepays part of or all the loans, the loan interest that has been calcu

22、lated and collected shall not be retur ned. The amount to be paid in adva nee at each time shall not be less than that of one regular payme nt.6. Deli nquencyFor the overdue principal and interest of the loan, Party B shall make the repayment in the followi ng method as specified in (2);(1) Party B

23、deposits sufficient money in the said deposit account or bank card, which shall be deducted by Party A on the n ext repayme nt date. However, Party A, betwee n the deposit date and deduct ion date, may still charge Party B for the overdue in terest and its compo und in terest.(2) Party B collects th

24、e delinquency list from the Credit Department of Party A, and then pays cash at the bus in ess coun ter with the said list. From the date whe n the deli nquency is paid, the collecti on of overdue in terest and its compo und in terest shall be ceased.7. Any dispute arising from the house purchase un

25、der the Commercial Housing Purchase/Sales Con tract and Pre-sale Con tract of Commercial Hous ing shall not impact the payme nt on schedule of the prin cipal and in terest of the loa n and its releva nt expe nses here un der and the un dertak ing of the guara nty liability.Article VIIIObligatio ns o

26、f Party A1. Within the time limit specified in the con tract, Party A shall provide Party B with loa ns in full amount.2. Party A shall check and keep the ownership documents and other documents related to the pledge.3. After the term in ati on of the mortgage hereof, Party A shall retur n to Party

27、B the own ership certificate or other registrati on certificates related to the mortgage in its custody.4. After Party C pays off the deli nquency on behalf of Party B due to its in capability of perform ing the repayme nt obligati ons as agreed, Party A shall deliver to Party C the certificates rel

28、eva nt to the mortgage at its disposal.Article IXObligatio ns of Party B1. Party B shall properly keep the deliverable house property and be resp on sible for its repair and maintenance, and en sure that it is kept in tact.2. Before pay ing off the loa n, without the writte n consent of Party A (bef

29、ore properly proceedi ng the house property mortgage registrati on, the writte n approval from Party C is still required), PartyB shall not sell, lease, grant, give up, man age, pledge aga in part of or all the mortgage assets un der this con tract or liquidate other liabilities with pledges and in

30、other ways.Article X House property mortgage1. Scope of mortgage guara ntee: all the expe nses to realize mortgage by Party A, such as prin cipal of loans, interest, overdue interest, compound interest, default interest, attorney fee, collateral disposal charge and tran sfer fee, etc.2. Mortgage reg

31、istrati on (pre-registrati on):(1) Party B shall provide Power of Attor ney to en trust Party A or Party A and Party B shall jo in tly go through mortgage pre-registratio n or mortgage registratio n formalities of pre-order commercial housing and commercial housing in the real estate management auth

32、orities that are entitled to handle the said formalities with this contract, purchase contract and other relevant real estate ownership documentations.(2) The mortgaged real estate ownership documentations, registered Certificate for Jus Alias for mortgage and other relevant documents shall be hande

33、d over to Party A for safekeeping.3. Mortgage insurance(1) Party B shall have the mortgaged assets insured as required by Party A.(2) Party B shall not have the insurance withdrawn or interrupted with any reason unless the understanding balance under this contract is liquidated. If so, Party A shall

34、 be entitled to continue the insurance on behalf of Party B and have the right of recourse to relevant expenses arising therefrom against Party B. Such expenses shall be deducted from the proceeds realized out of the mortgage.(3) The insurance policy shall specify that Party A is the first beneficia

35、ry of insurance compensation. The original insurance policy shall be kept by Party A.(4) If the insured mortgage is subjected to the accidents within the scope of insurance, Party B shall immediately notify Party A and take effective measures to prevent further loss. The insurance compensation obtai

36、ned shall be preferentially repaid to Party A.(5) If the insured mortgage sustains losses beyond the scope of insurance, whether it is due to the fault of Party B, Party B shall timely inform Party A and provide other guarantees approved by Party A. Otherwise, Party A shall be entitled to recover lo

37、ans in advance, and all the losses thus incurred shall be borne by Party B.4. Release of mortgageAfter Party B pays off to Party A the principal and interest and other accounts payable under this contract, Party A and Party B (or Party B) shall handle the formalities to cancel the mortgage registrat

38、ion in the Real Estate Management Department.5. Disposal of mortgageIn case of one of the following situations, Party A shall be entitled to dispose of the mortgage and preferentially repaid. For the insufficient part, Party A shall continue its right of recourse against Party B:(1) If Party B has n

39、ot paid the principal and interest of the loans and relevant expenses in three consecutive months, or the payment of principal and interest of the loans of any period and relevant expenses is overdue more than three months or the cumulative delinquency is over six periods.(2) After the loan term of

40、this contract expires, Party B still has outstanding debts to be paid.(3) Party B fails to comply with other terms and conditions of this contract. Article XIObligations of Party CParty C promises that si nee the sig ning of this con tract till the date whe n Party B acquires the certificate of prem

41、ises own ership, properly han dles mortgage registrati on and submit releva nt mortgage documents to Party A for safekeeping, it will bear joint guaranty liability for the principal, interest, overdue interest, default interest of all the loans and other related expenses of Party B owed to Party A.i

42、. I n case of one of the follow ing situati ons. Party C shall repurchase the said house property and its rights and interests, pay back all the debts of Party Party B owed to Party A, and waive the right of den se:1. Party B provides false information to gain loans by fraud, which has caused or is

43、likely to cause loan losses.2. With in the loa n term, whe n found miss ing, declared miss ing, or determ ined as the one without or with limited capacity for civil acts, etc., Party B has no successor(s) or legal guardia n( s).3. The successor(s) or legal guardian(s) of Party B refuse(s) or is/are

44、unable to pay back the principal and interest of the loans on schedule after the occurrence of one of the above particulars, or the successor(s) waive(s) the right of successi on.ii. When Party B fails to pay off the prin cipal and in terest of the loa ns and releva nt expe nses on schedule as requi

45、red by the con tract, Party A shall directly deduct the same from the in sura nce premium acco unt ope ned by Party C at Party A sand Party C is liable for the collect ion from Party B. When Party B fails to pay back the principal and interest of the loans in three consecutive mon ths, or the overdu

46、e payme nt of any period is more tha n three mon ths or the accumulated postp on eme nt is over six mon ths, Party A shall send the no tice to require Party C to perform the repurchase obligati ons. With in seve n days after Party C receives the said no tice, it shall pay off all the matured or un m

47、atured debts of Party B owed to Party A.iii. If Party C fails to repurchase the house property on time, Party A shall charge Party C for the liquidated damaged every day, in accorda nce with five (in words) ten thousa ndth of the amount owed of Party B, and have the right to take appropriate legal m

48、eans to dema nd Party C to perform its repurchase liabilities.Article XII Beari ng of expe nses1. Party B shall pay Party A / yua n for han dli ng charge and cost of product ion.2. Releva nt expe nses in volved with the no tarizati on, mortgage and in sura nce, etc. men ti oned in this con tract sha

49、ll be paid by Party B.3. If the loa ns fail to be gra nted not because of Party A, all the expe nses charged by Party A shall not be refun dable.Article XIII Liability for breach of con tractIf any party of this con tract fails to fulfill the obligati ons as agreed, it shall be liable for breach of

50、con tract and compe nsate for losses.Article XIV Notarizati on of con tractWith in _L_ days after the sig ning of this con tract, no tarizati on of shall be carried out in thepublic no tary office.Article XVAlterati on and term in ati on of con tract1. After this con tract takes effect, any party sh

51、all not alter or term in ate the con tract without authorizati on. The alterati on of the con tract shall be con ducted through n egotiati on among Party A, Party B and Party C, and the alterati on agreeme nt shall be sig ned and con cluded in accorda nce with the law.2. If Party B transfers to the third party the rights and obligations under this contract, it shall obtain the prior written consent from Party A and Party C. The said transfer shall come into effect after the transferee resigns a loan contract with Party A and Party C; meanwhile, th