参考个人住房抵押借款合同--中英翻译

1、Translation:Personal Housing Mortgage Loan ContractAgriculture Bank of China Shanghai BranchPersonal Housing Mortgage Loan ContractNo.: 200101390318301120(Housing Accumulation Fund No.: 033351200100083Lending bank (Mortgagee: Agriculture Bank of China Shanghai Nanshi Sub-branch (hereinafter referred

2、 to as Party ABorrower (Mortgager:XXX(hereinafter referred to as Party BGuarantor: Shanghai Huali Jiazu Real Estate Development Co., Ltd.(hereinafter referred to as Party CAccording to the stipulation of the law and regulatory rules under the Contract Law of Peoples Republic of China, Guarantee Law

3、of the Peoples Repu blic of China, Mortgage Methods of the Real Estate of Shanghai etc., Party A, Party B and Party C enter into the contract after mutual consultations.Article 1 Purchased house of Party B1.Mortgage (house location: Room 1501, No. 15 Lane 666, Jinxiu Road, PudongNew Area2.Type of th

4、e house: residence3.Premise structure: steel concrete4.Building area: 150.08 m25.Prices of the house: RMB980,172.00Yuan6.Contract No. of the house purchased:Article 2 Loan amount in total(Currency and in words RMB Seven Hundred and Eighty Thousand Yuan Only Herein: the personal housing commercial lo

5、an is:(Currency and in words RMB Six Hundred and Sixty Thousand Yuan Onlythe personal housing accumulation fund loan is:(Currency and in words RMB One Hundred and Twenty Thousand Yuan OnlyArticle 3 Term of LoanThe term of the personal housing commercial loan lasts from _June 21, 2001 to June 21, 202

6、6.The term of the personal housing accumulation funds last _June 21, 2001 to June 21, 2026.The actual loan term shall be subject to recording of the loan voucher, which is an integral part to the contract and has the same legal force as the contract.Article 4 Interest rate of loanThe monthly interes

7、t rate of the commercial loan for housing under the contract is 0.465%; The monthly interest rate of the housing accumulation fund loan for housing under the contract is 3.825%. Upon the adjustment of the rate, the loan within one year (one year inclusive shall still be subject to the contract inter

8、est rate without considering the interest for the different periods; regarding the loan over one year, the interest for the different periods shall be practised with the interest rate for the current year unchanged and new interest rate of the correspondent level shall apply from January 1 of the ne

9、xt year.Article 5 Repayment of the loan.(iFor the loan with term of less than one year(one year inclusive, repayment ofthe principal and interest outright at the bank shall be applied.(iiFor the loan with period of more than one year, one month will constitute a repayment period and Party B shall st

10、art to repay from the next month after theloan is issued. According to the calculation formula of “monthly equalrepayment of the principal and interest” or “monthly equal repayment of theprincipal” etc., the monthly repayment of principal and int erest can becalculated to repay the principal and int

11、erest each month. All the principalsand interests shall be cleared off at the final period1.Regarding those adopting monthly equal repayment, that is, the loan shall berepaid with the principal and interest each month till all the principals and interests are paid off. herein the formula for monthly

12、 equal repayment amount and the principal and interest is:Monthly repayment amount =(Loan principal ×monthly interest ×(1+ monthly interest rate repayment months/ (1+monthly interest raterepayment months-1Interest receivable for the loan of the current month=loan balance at the end of the

13、previous month x monthly interest ratePrincipal receivable for the loan of the current month=monthly equally repayment of principal and interest amount- Interest receivable for the loan of the current month.2.Monthly repayment of the principal, that is: repayment of the principal withequal amount ea

14、ch month within the loan term till all the principals and interests are paid off. The calculation formula for repayment of principal and interest amount each month is:Monthly repayment amount= loan principal/repayment months +(principal- accumulative amount for the repaid principals x monthly rate.I

15、nterest receivable for the loan of the current month= loan balance at the end of the previous month x monthly ratePrincipal receivable for the loan of the current month=Total loan amount/Total repayment periods (months.3.Regarding the personal housing commercial loan under the contract, therepayment

16、 method of “monthly equally repayment of principal and interest” is adopted.For “monthly equally repayment of principal and interest”, the repayment amount for principal and interest is:RMB(in wordsRMB Four Thousand, and Eighty-Five Yuan OnlyFor “monthly equally repayment of principal a”, the repaym

17、ent amount for principal each period is:RMB(in words:The interest shall be settled and paid off by month.Regarding the personal housing commercial loan under the contract, the repayment method of “monthly equally repayment of principal and interest” is adopted.For “monthly equally repayment of princ

18、ipal and interest”, the repayment amount for principal and interest is:RMB (in wordsRMB Six Hundred and Seventy-Four Yuan OnlyFor “monthly equally repayment of principal a”, the repayment amount for principal each period is:RMB(in words:The interest shall be settled and paid off by month.4.Party B s

19、hall deposit the full amount of the principal and interest payable thisperiod into the account of deposit at Party A in time and authorize Party A to deduct and charge it directly from the account agreed on the deduction date based on the Payment Transfer Commission Letter. If the deposit is not eno

20、ugh for the deduction and repayment, the principal and interest this period shall be treated as overdue.(iiiAdvance repaymentShould Party B apply for advance repayment, Party B shall apply to Party A 30 days before in written form and only after the consent of party A can the advance repayment be ma

21、de. Regarding those who repay the full loan in advance, the interest shall be calculated on the actual use days of the loan based on the agreed interest of the contract; regarding those who makes the partial advance repayment, the parties hereto shall enter into the supplementary agreement to the lo

22、an contract, andreconfirm the monthly loan amount and term for the remaining loan, the loan interest shall still be subject to the original loan interest. Herein, regarding the housing accumulation funds, should Part B raise to pay off the partial housing accumulation fund loan in advance, he/she sh

23、all have performed the contract for over one year with the repayment amount no less than 6 months repayment of the amount agreed under the original loan contract. If the repayment term after advance repayment of Party B shall be shorter than the remaining term stipulated under the original loan cont

24、ract. and Remaining loan balance after the advance repayment shall be repaid in the same repayment way as agreed under the contract.Article 6 GuaranteeI.Party C provides the joint liability guarantee for all the loan under the contract.The guarantee period is 2 years since the expiry of the loan ter

25、m of Party B agreed under the contract. Should any event arise as stipulated by law, regulatory rules or agreed under the contract, which causes the loan to be collected earlier, the guarantee period is the two years after the earlier loan collection date. Within the guarantee period, should the hou

26、se is collected with its certificate of the real estate ownership or dealt with properly the mortgage registration, since the date that Party A collects the Certificate for Other Rights of the Real Estate, the guarantee is terminated.II.The guarantee scope of Party C: loan principal, interest, fine

27、interests, penalties that Party B shall repay Party A and the relating expenses of Party A for realizing its creditors rights.III.During the guarantee period, should Party B fail to repay the loan principal and interest of Party A, Party C agrees that Party A directly makes the deduction from its ac

28、count.Article 7 Housing mortgageI.MortgageThe mortgage under the contract refers to the housing purchased by the loan that Party B obtained from Party A. The specification of the mortgage refers to the article 1 of the contract.II.Guarantee scope of the mortgageThe scope of the mortgage includes the

29、 loan principal, interest, fine interests, penalties and indemnification that Party B shall repay Party A and the relating expenses of Party A for realizing its creditors rights.III.Mortgage registrationAfter the contract is entered into. The parties hereto shall deal with the mortgage registration

30、formalities at the real estate registration department. Once the registration issues for mortgage change, and the modification registration is required according to the law, the parties hereto shall deal with the modification registration formalities at the real estate registration department.The Ce

31、rtificate for the Other Rights of the Real Estate of the mortgage registration shall be kept by Party A.IV.Occupation and custody of the mortgage(iDuring the mortgage, Party B must keep properly the mortgage, who shallhave the liability for the repair, maintenance, and the good condition ofthe mortg

32、age.(iiBefore the principals and interests of the loan and other expenses are paid off, without the written consent from Party A, Party B shall not sell,assign, dispose, gift, rent or lease or use the mortgage to balance otherliabilities by the partial or full mortgage under the contract; With theco

33、nsent of Party A, the yields from the mortgage for assignment, sellingor rent or lease, shall be used for Party A to balance all the guaranteeliabilities or deposit or withdrawal by the third person agreed by theparties.(iiiDuring the contract performance term, should the mortgage suffer from the lo

34、ss or damage, Party B shall take the timely and effective measures toprevent the losses from expansion, meanwhile inform Party A promptly.The compensation or indemnification etc. obtained by Party B shall beused to repay the liabilities and relating expenses under the contract withthe priority or fo

35、r deposit or withdrawal by the third person agreed by theparties.(ivShould the mortgage have the impairment during the contract performance, Party B shall inform Party A promptly. Party B is entitled torecover the values of the mortgage or provide the guarantee, equal to thevalues decreased, recogni

36、zed by Party A.V.Co-owner of the mortgageThe co-owner of the mortgage agrees on the mortgage hereto for. Should the agreed events under the contract arise which causes the mortgage to be disposed, the disposal shall be accepted without any condition.VI.Insurance of the Mortgage(iParty B shall deal w

37、ith the insurance for the mortgaged housing and therelevant formalities may be dealt with by Party A by authorization. Theinsurance term is the loan term under the contract. With the liabilitiessurvivals period, Party B shall not stop the insurance for any reason.Should Party B pause the insurance,

38、Party A is entitled to resume to coverthe insurance for Party B and the relevant expenses arisen shall be borneby Party B.(iiThe policy must indicate that Party A is the first beneficiary for the insurance indemnification and the original insurance policy shall be keptby Party A.(iiiShould the mortg

39、age insured has any incidents during the insurance responsibility scope, Party B shall immediately inform Party A to adoptthe effective measures to prevent the losses from expansion. Party A shallhave the priority to be paid from insurance compensation.(ivShould the mortgage insured suffer from any

40、damage outside the insurance responsibility scope, no matter whether it is the fault of Party B,Party B shall immediately inform Party A and provide the otherguarantees recognized by Party B otherwise Party A is entitled to collectback the loan, thus all the expenses arisen shall be borne by Party B

41、. VII.Termination of the mortgage relationshipAfter Party B repays all the principals and interests of the loan as well as the other accounts payables, Party A shall return the original insurance policy etc. to Party B and the parties shall deal with the formalities for canceling the mortgage regist

42、ration at the real estate registration department, thus the mortgage relationship is terminated. VIII.Disposal of the mortgageUnder one of the following circumstances, Party A is entitled to dispose the mortgage and have the priority to be paid from the issued loan. Regarding the insufficient part,P

43、arty A is entitled to continuously resource Party B.(iRegarding the method of the monthly repayment, should Party B fail torepay the loan principals and interests and relating expenses over theconsecutive three months or accumulative six months;(iiUpon the expiry of the loan under the contract, ther

44、e are still outstanding repayment of Party B;(iiiParty B fails to abide by the other terms and conditions under the contract;(ivThe other circumstances stipulated under the law and regulatory rules.Article 8 Bearing of the expensesThe expenses under contract shall be borne by Party B such as for the

45、 registration, insurance, appraisal, verification, transportation and keeping for the mortgage etc.Article 9 Rights and Obligations of Party A1.Is entitled to understand and check the loan use condition of Party B;2.Is entitled to collect or collect in advance the principles of the loan, interest,fi

46、ne interest, delinquency interest, compound interest and other payables ofParty B according to the rules of the law, regulatory rules or agreed under thecontract.3.Is entitled to appoint the agency to make the verification on the valueevaluation of the mortgage provided by Party B.4.Should Party Bs

47、loan term expires, while Party A has not be fully paid, PartyA is entitled to exercise the mortgage right, and discount the mortgage ormake the auction of the mortgage, and the prices arisen from the selling shallbe paid with priority.5.The mortgage set suffers from the accidental damage or losses,

48、and due to thebehavior of party B which causes the mortgage decrease in values, which issufficient to affect the repayment of the principals and interests under theloan contract, Party A is entitled to require Party B to provide the newguarantee or recover the values of the mortgage.6.During the gua

49、rantee period, Party A is entitled to make the supervision onthe capital and assets condition of Party C and is entitled to require Party C toprovide the materials such as the financial statements according to the truefacts.7.Should the guarantor fail to perform the guarantee responsibilities agreed

50、,Party A is entitled to deduct the repayment from any account of Party B setup at Party A.8.Party A shall issue the loan according to the agreement of the contract.9.Party A is liable for keeping the original copy of the insurance policy andother relating documents and materials. In case of any loss

51、 or damage, partyA is responsible for the make up; regarding those which cause the losses,party A shall assume the civil responsibilities.Article 10 Rights and obligations of Party BI.Is entitled to have the relevant loans according to the agreement under thecontract;II.Under the normal repayment of

52、 the loan, is entitled to use house for self use or other use etc. or with the prior written consent from Party A, assignthe mortgaged house or dispose the house.III.After the loan and other payables are paid off, is entitled to get the insurance policy or other relating materials from Party A and d

53、eal with themortgage registration cancellation formalities.IV.Is entitled to understand and consult from Party A on the relating issues.V.Repay the loan principals and interests on time.VI.After making the insurance compensation on the mortgages damage by the insurance company, Party B is liable for

54、 Party A on the insufficientpart.VII.Should Party B need to have the mortgage sold, transferred, exchanged or rent or lease, he/she shall inform Party A in writing in advance, and firstlyget the written consent from Party A. Should Party B need to sell or assignthe mortgage, he/she shall use the yie

55、lds to pay off the guaranteedliabilities. Should Party B dispose the mortgage at his/her will, thebehavior is not valid.VIII.Should Party B have any disputes with the third person on the mortgage, he/she guarantees to inform Party A within ten days in writing.IX.Should the agreed issues under the co

56、ntract occur which cause themortgage be disposed Party B shall find the housing or accept other waysfor settlement.Article 11 Rights and obligations of Party CI.Is entitled to understand and master the credit condition of the guarantor.II.Is entitled to resource the debtor after undertaking the guar

57、antee liabilities according to the rules of the law and regulatory rules.III.Should the parties agree to modify the contract, they shall firstly get the approval from Party C.IV.Assume the joint guarantee responsibilities according to the law.Article 12 Breaching liabilities.I.Should party B fail to

58、 perform item 8, article 10 which causes the losses toParty B, Party A shall pay Party B the penalties according to the amountof the contract breaching and delay days. The calculation of the breachingamount shall be the same as that of interest calculation method for theoverdue loan.II.Should Party B fail to pay off the principals and interests agreed under the contract, Party B shall pay Party A the overdue interest at the 0.021% forthe overdue date of the personal housing commercial loan as well as thepersonal housing accumulation