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1、Bank of China LimitedPersonal Mortgage Loan ContractSerial NO.: 2015 GE DAI ZI NO._Mortgager:_ID NO.:_Address:_ Postal Code:_Tel.: _ (Note: apply to the mortgager who is natural person)Mortgager:_/_Business License Number: _/_The Legal Representative / Principal: _/_Residence Address: _/_Postal Code
2、:_/_Opening Bank and Account Number: _/_Tel.: _/_Fax:_/_(Note: apply to the mortgager who is not natural person)Mortgagee: The Bank of China Co., LTD. _ BranchPrincipal:_Address: _Postal Code:_Tel.: _ Fax: _To guarantee the payment of the debt in the "master contract" which is specified in
3、 the article one of this contract, the mortgager set up the mortgage guarantee for the creditor's rights of mortgagee about the property which the mortgager enjoy the right of legal disposal right, and is listed in the attached "collateral list". The two parties make the contract after
4、 equal consultation. Except this contract has other agreement, the words explanation in this contract is based on the main contract. Article One the Main ContractThe main contract of this contract is following: the contract signed by the mortgagee and the borrower _, the revise and the supplement: t
5、he ¨ “Personal Housing Loan Contract” / ¨ “Personal Consumer Car Loan Contract” / ¨ “Individual Operation Car Loan Contract” whichs serials NO. is 2015 GE DAI ZI NO. / Other Loan Contract: _ “ Personal Loan Contract ”_.Article Two the Principal DebtThe debt in the main contract form t
6、he principal debt of this contract, including the principal and interest (including interest, compound interest, default interest), liquidated damages, compensation for damage, the cost of the creditor's rights (including but not limited to legal fee, attorney fees, notarial fee, execution fee,
7、etc.), for the loss caused by the borrower default to the mortgagee and all other accrued expenses.Article Three Collateral Collateral information is in the attachment “collateral list”.During the period of guarantee, collateral damage, loss or be expropriated, etc., the mortgagee can get preferred
8、payments by getting insurance money, damages or indemnities, etc. The period of performance of the secured creditor's right has not expired, the insurance money, damages or indemnities, etc. can be deposited.When collateral is house, when the mortgager is in aware of house will be dismantled, th
9、e mortgager should timely inform the mortgagee.During the guarantee period, if the mortgage house is going to be demolished, for the form of house demolished using compensation of property right exchange, the mortgager should negotiate with the borrower, the mortgagee about paying off the debt, or i
10、n accordance with the requirements of the mortgagee, to use the house which has property rights exchange or other mortgages to reset mortgage and sign a new mortgage agreement. after the loss of the original mortgage house and before the new mortgage registration is done, the mortgagor should do as
11、the mortgagee asks, the secured party which has guarantee conditions should provide guarantee; For the demolition house for which to compensate by way of compensation, the mortgagee has the right to get preferred payments about the compensation, or to ask the mortgager to make the demolition compens
12、ation as guarantee property by opening a deposit account or certificates of deposit and other form, and sign the relevant compensation collateral agreement or deposit collateral agreement.Article Four Mortgage PatternFor his contract, the mortgager provides:¨ Periodic mortgage guarantee, since
13、the borrower has completed specified the house which loan purchases /cars mortgage registration and the mortgagee has received the original mortgage certificate as described in the article one of this contract under the main contract, in this contract there will no longer occur new guarantee obligat
14、ions and responsibilities to the mortgager, but before that the debt has happened in the main contract , the principal obligation which formed the contract, the mortgager assume the guarantee liability use the mortgaged property. The entire mortgage. All of the main contract debt formed this contrac
15、ts principal obligation, the mortgager assume the guarantee liability use the mortgaged property.Article Five Mortgage RegistrationWhen need to manage mortgage registration according to law, within 7 days after signing the contract, the mortgager and the mortgagee should finish the mortgage registra
16、tion in the relevant registration department.When the mortgage registration items change, and need for alteration registration in accordance with the law, the mortgager and the mortgagee should finish the mortgage registration in the relevant registration department within 7 days from the date of th
17、e change of the mortgage registration items.Mortgage registration fee should be paid in accordance with supervision department requirement.Article Six Possession and Custody of the Mortgage PropertyIn this contract, the mortgage property should be occupied and kept the mortgager, but the mortgage pr
18、operty right document should be kept by the mortgagee.Article Seven Guarantee Responsibility OccursIf the borrower failed to timely pay off debt by agreement in the main contract or other circumstances of agreed mortgagee action, the mortgagee has the right to exercise the mortgage right in accordan
19、ce with law and this contract.The principle debt not in this contract, and at the same time there are other things guarantee or warranty, which does not affect any right and its exercise of mortgagee in this contract.Article Eight the Relationship of This Contract and the Main ContractThe main contr
20、act agreement of the two parties change content of the main contract, except involving currencies, interest rates, the amount, time limit, or other changes and lead to increase the amount of the principal claim amount or extending the main contract period, regardless of the agreement of the mortgage
21、r, the mortgagor still assure guarantee responsibility mortgaged property for the changed main contract about the mortgage property, but as a result of national interest rate policy adjusts, the interest rate changes, the agreement of the mortgager is not required.in the case of mortgager's agre
22、ement is required, if without a written agreement of mortgager or mortgager refuse, the mortgager will not assume the guarantee liability for the increased principal claim amount, for the extended main contract performance time limited, the period of the mortgage right performance remain unchanged.I
23、f the mortgaged property in this contract has right of other mortgagee, without the written agreement of other mortgagee, the alteration above should has not negative influences to other mortgagee.Article Nine Fault of Signing an AgreementAfter signing the contract, if the mortgager refuses or delay
24、 to finish mortgage registration, or other reasons, therefore causes this contract cannot take effect, and hypothec cannot be established effectively, this situation will make the contracting fault. Thereby lead to the loss of the mortgagee, and the mortgager should bear the compensation liability f
25、or the loss the mortgagee.Article Ten Trust Information Authorization1. The mortgager authorization: of if there occurs the following situations of the mortgagee in related to the mortgager, the mortgagee can query trust report through the financial trust information database.(1) To review the mortg
26、ages loan application;(2) To review the application for which the mortgage provides guarantee.(3) To conduct post-loan supervision for the mortgages existing loan or guarantee. (4) The legal person of Acceptance or other organization's loan application or as a guarantee, there need check th
27、e mortgager trust conditions when the mortgager is the legal representative or the investor.The mortgager also authorizes: the mortgagee can submit the mortgagers trust information to the financial trust information basic database.2. The mortgager declares: I fully understand and be clear about that
28、 if I have events of default about this contract, the mortgagee will submit the resulting my negative information to the financial trust information database, and reflect in my trust report. if the situation above occurs, the lender can inform the mortgager by means of telephone, SMS, email, etc., t
29、he mortgagers contact information are subject to this contracts information or the changed mortgager information in according with the agreement: SMS Telephone Email Other ways_(Note: this mortgager declaration does not suit for the mortgager is not natural person)3. The mortgager be aware of and un
30、derstand the authorization clauses above, the above authorization is made since the date of mortgager sign this contract and be valid until the loan is settled in the main contract settlement. If the mortgagee is beyond the above authorization check, the mortgagee will bear all the consequences and
31、legal responsibility.Article Eleven Default and Handling 1. One of the following form or count as the mortgage is in default in this contract:(1) The mortgager is in violation of the regulations of this contract, to transfer, to lease, to loan, reconstruction, rebuilding and transform in the form of
32、 physical capital without authorization, or in whole or in part dispose of the mortgaged property in any other way;(2) The mortgager hinder the mortgagee according to the relevant provisions of this contract and dispose the mortgaged property in accordance with the law in any way;(3) In the situatio
33、n of the value is reduced or the mortgaged property is damaged, the mortgager will not provide the corresponding guarantee as the mortgagee required;(4) Collateral is house, when the mortgager is aware of the house will be dismantled but not timely inform the mortgagee; if mortgage house is to be de
34、molished, the mortgager is in violation of article three of the agreement;(5) Collateral is enterprise, business end or dissolution, revocation or bankruptcy events;(6) A mortgage is in breach of other provisions of the rights and obligations about the parties;(7) the default event between the mortg
35、ager and the mortgagee or the bank of China co., LTD. other institutions in the contract;2. In the event of the default specified in the preceding paragraph, the mortgagee has the right to take the following one or more of the measures depending on the specific circumstances:(1) The mortgager is ask
36、ed to correct the default within a definite time;(2) Suspend or terminate all or part the acceptance of the mortgager business application in other contract; For the loans not issued and the trade financing not managed, all or part of suspend or terminate the issue and conduct;(3) Announce the mortg
37、agers outstanding principal loans in other contract / trade financing payments principal and interest and other payables in whole or in part is due immediately;(4) Terminate or remove this contract, all and part of termination or remove other contract between the mortgager and the mortgagee;(5) The
38、mortgager is asked to compensate for the loss of the mortgagee caused by default, including attorney's fees and other related expenses caused by realize creditor's rights etc. and relevant loss;(6) To perform the mortgage right;(7) Other measures which the mortgagee think necessary. Article
39、Twelve Attachment The following attachments and other attachments confirmed by the both sides form integral parts of this contract, and these attachments have the same legal effect as this contract.1. The collateral list (Serial NO.: 2015 GE DAI ZI _);Article Thirteen Dispute ResolutionAll disputes
40、and dissension arising from the performance of this contract, both sides resolve through consultation first. If consultation fails, the two sides agreed to adopt the same as the contract dispute solution.During the period of dispute resolution, if the dispute does not affect the implementation of ot
41、her provisions of this contract, then the other provisions shall continue to perform.Article Fourteen OthersIn the process of performance of this contract, the mortgager provide sources of information on the mortgager which the mortgagee can't obtained from public, all of these information const
42、itute the mortgager confidential information; Except the following situations, the mortgagee shall cannot disclose to any third party:(1) The mortgager written consent or authorization;(2) the mortgagee have the duty to disclosed according to relevant laws and regulations, or according to the requir
43、ement of judicial and administrative organs and other authority;(3) the mortgagee disclose to the intermediary institutions which to keep confidential or other third party as tax, auditing, law service requirements or as necessary for performance of this contract;The disclosure of the situation may will make third parties hereby acknowledge the mortgagers relevant information, and provide service for the mortgager
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