西安市房地产抵押合同模板书

1、 HYPERLINK / Contract No.: Xian City Real Estate Mortgage ContractParty A (Mortgagor): Address: Telephone: Party B (Mortgagee): Address: Legal Representative (or Entrusted Agent): Telephone: Supervised by Xian Municipal Housing Administration BureauParty A: (Mortgagor): Party B: (Mortgagee, Creditor

2、 of Loan Contract): In order to ensure the fulfillment of loan contract whose No. is signed by Party B and on (hereafter referred as loan contract), Party A is willing to mortgage his house. Through verification, Party B agrees to accept Party As housing mortgage. According to relevant laws and regu

3、lations, Party A and Party B enter into this contract with consensus, and both parties are willing to abide by following clauses.Article 1: Mortgaged HouseThe house mortgage by Party A is located in . Concrete condition of mortgaged house is subject to Appendix of this contract “Inventory of Mortgag

4、ed House”.Article 2: Set Other Rights Condition of HouseThe mortgaged house provided by Party A whether has been mortgaged for other creditors right or not. No (Yes/No). And loan amount of security guarantees is:RMB (in words) 10,000. Party B agrees to mortgage the rest part of the house value which

5、 is larger than mortgage creditors right.Article 3: Value of Mortgaged HouseThrough appraisal of the house, mortgage value of the real estate is:RMB (in words) 10,000. (Subject to Appraisal Report)Article 4: Amount and Term of Principal Creditors RightLoan amount of mortgaged real estate provided by

6、 Party A is:RMB (in words) Loan term is from to .Article 5: Mortgage Security Guarantee RangeThe security guarantee range of this contract includes principal, interest, penalty, compensation and fees to realize mortgage right. Interest and penalty shall be calculated according to stipulation of this

7、 contract.Article 6: Occupation and Management of Mortgaged HouseThe house will be occupied and managed by Party A during mortgage term. Party A shall keep the house safe and in good condition during the period he occupies and manages the house. Party B has right to supervise and check management co

8、ndition of mortgaged house.When the value of mortgaged house is insufficient as guarantee of debt due to Party As fault, Party B has right to ask Party A to provide new mortgage or increase mortgage to make up the loss.If the mortgaged house is damaged or destroyed, Party A shall inform Party B in t

9、ime and adopt steps to prevent the extension of loss. The compensation or assets got form the damage or destroy shall be mortgaged property.Party A shall not dispose the mortgaged house in the manner of grant, rent, transfer, etc. without written approval of Party B during mortgage term; if Party A

10、approve in written form, the profit got from house transfer shall be prior to repay the debt to Party B.Article 7: Insurance of Mortgaged HouseParty A and Party B do or do not enter into agreement on insurance. (Yes/No). If the house is insured, Party B shall be first beneficiary, and the insurance

11、policy shall be kept by Party B.Article 8: If any of the following occurs, Party A shall inform Party B in timeThe mortgaged house is listed in removal range.The mortgaged house is damaged or destroyed.The ownership of mortgaged house is altered significantly or triggers controversy.The mortgaged ho

12、use is sealed up or is frozen.Party As business mechanism is changed, such as shareholding reform, affiliated operation, merge, etc.Other conditions stipulated by both parties Article 9: Disposition of Mortgaged HouseIf any of the following occurs, Party B has right to dispose the mortgaged house:Wh

13、en loan term expires, Party A does not pay off the debt, and borrower fails to reach renewal agreement with Party B.Party A is declared to dissolve, bankrupt or die.Party A disposes the house arbitrarily.Other conditions stipulated by both parties. .Disposition manner of the house can be discounted,

14、 auctioned, sold through mutual negotiation. The profit got from disposition of the house shall be prior repay to Party B. If the profit is insufficient to repay debt, borrower shall repay the rest part; the rest part after repaid to Party B shall be possessed by Party A.The capital obtained from di

15、sposition of mortgaged house shall be distributed in following sequence:To pay the fees of disposition of the house;To deduct payable fees and tax of mortgaged house;To repay loan interest, principal and penalty;To compensate Party B for his loss due to borrowers breaches of this contract.Article 10

16、: Legal LiabilitiesParty A promises that there is no dispute of the house ownership. If Party A conceals the condition of co-own, ownership disputes, or seal up of the house, Party A shall assume the legal liability. Party B has right to recover the loss from Party A.If Party A disposes the house in

17、 the manner of rent, sale, exchange, grant or other manners, the action is invalid; if the disposition causes loss of the third party, Party A shall compensate the third party.Article 11: Application of Laws and Resolution of DisputesThis contract is made in accordance with laws of the Peoples Repub

18、lic of China, and it is applying to laws of the Peoples Republic of China.If a dispute arises when both parties perform this contract or dispose the mortgaged house, it can be solved through negotiation. If the effort fails, they can bring a suit to court.Article 12: Alteration, Termination and Annu

19、lmentIf the mortgaged house is listed in removal range, the real estate as removal compensation or compensatory payment shall be mortgage property (subject to Article 26 of Administrative Regulations on Urban House Removal). Party A and Party B shall reset mortgage house through negotiation; also th

20、ey can settle the debt to terminate the contract.Party A and Party B shall alter this contract if they change or increase mortgaged house due to damage or destroy of house or decrease of house value.During mortgage term, Party A and Party B can change mortgaged house through consensus.During contrac

21、t term if borrower repays off the debt or Party B gives up creditors right, this mortgage contract terminates.Article 13: Registration, Alteration Registration and Cancellation RegistrationParty A and Party B shall conduct real estate mortgage registration in Xian Municipal Real Estate Transaction C

22、enter with loan contract, this contract and relevant materials within 30 days after house mortgage contract is signed.Real Estate Mortgage Contract will come into effect from the day of mortgage registration.Both parties shall conduct mortgage alteration or cancellation registration in Xian Municipal Real Estate Transaction Center within 15 days after the mortgage contract is altered or terminated.Article 14: This contract is in quadruplicat