工商银行-个人购房借款担保合同.doc

Edition Version: C2008.03Serial No.: A Shen Zi Industrial and Commercial Bank of China Bank, Shenzhenwan Branch, 2010, No. SS-0043Personal House Purchasing Loan Contract/Guarantee ContractBorrower: YA0222 Lender: Industria Shenzhenwan BranchMortgagor: YAN Pledgor: Blank Guarantor: Blank In accordance with the relevant laws, regulations and rules, the parties sign this contract and make sure to comply on the basis of equality, voluntary, for clear responsibility, abide by credit.Part 1 Loan ArticlesArticle 1 Loan category and amountLenders agrees to issue see 36.1 of loan with the amount of RMB see 36.2 (in word RMB see 36.3 in total) (if the figure and word are not consistent, it will be subject to the word) according to the application of the borrowers.A Personal housing loanB Individual purchase of commercial housing loanC Individual housing construction loanD Other see 36.4 Article 2 Loan purposes and guarantee methodThe loan under this contract is used for see 36.5 . Without the lenders written consent, the borrower should use the loan for the stipulated purpose and shall not use the loan under this contract into stock market, future market and neither shares interest investment nor other area clearly forbidden by national law and regulation. Lender has the right to supervise the use of loan.A. Borrower use the loan to buy/build the house located at see 36.6 with the construction area of see 36.6.B. The loan is used for pay the personal loan for the bank of the mortgaged house located at see 36.7 for the house mortgage registration cancellation. C. Other see 36.8. Article 3 Loan TermLoan period under this contract is see 36.9, the actual loan date and the maturity date will be subject to the loan certificate. Loan certificate as part of this contract, has the same legal force of this contract.Article 4 Loan interest rate4.1 Loan interest rate applies the same period and level of the loan interest rate published by the Peoples Bank of China as benchmark interest rate with floating see 36.10 (up/down) see 36.11 determined, which determines the annual interest rate as see 36.12. On the basis of certain interest rates in the borrowing proof record, the following calculation conversion is: monthly interest rate = annual interest rate / 12, daily interest rate = annual interest rate / 360.4.2 If the benchmark interest is adjusted and applied to the loan under this contract before the loan granted, the adjusted benchmark interest is applicable and it should confirm the new interest rate as the Article 4.1. If the benchmark interest rate is adjusted after the loan, the loan interest rate should be settled as see 36.13 of way to deal with:A. Loan term is below 1 year (including 1 year), this contract interest rate is the same and no segment interest. If the loan tern is more than one year, since the next year January 1st for each date of interest rate adjustment, it should be executed according to the adjusted the benchmark interest rate (such as benchmark interest rate in a calendar year is adjusted for two or more, the final adjustments in the calendar year shall be the benchmark interest rate) and article 4.1 above the proportion of floating interest rates as new interest rate;B. without change in the loan period;C Other see 36.14Article 5 Loan Grant5.1 Premise condition of issuing loan and continuing loan is as below:A. Guarantee is effective under this contract (The house not obtaining property right as mortgage, completed pre-sale registration or advance notice registration process, and the real estate developers have provided effective joint guarantee or the borrower has provided other phases guarantee method approved by the lender) and sustained and effective, and the borrower under this contract without any default.B. There is no contract breach for borrower under this contract. 5.2 The borrower authorize the lender to make loans in the see 36.15 of way, loan interest is calculated from the date of actual loan date:Account Name: see 36.16 Account No.: see 36.16 Opening Bank: see 36.16 Article 6 Repayment6.1 As the agreement through negotiation, the borrower according to the see 36.17 of way to repay the loan principal and interest as the following:A, Monthly same amount of principal and interest (monthly interest calculation) Monthly principal and interest payment=Principal*monthly interest*(1+ monthly interest)repayment months(1+ monthly interest)repayment months-1B Monthly same amount principal repayment (monthly interest calculation);Monthly principal and interest payment=Principal + (Principal paid principal) * monthly interestMonthsC Monthly same amount principal repayment (daily interest calculation); Monthly principal and interest payment=Principal + (Principal paid principal) *daily interest * actual daysMonthsD One-off repayment of the principal and interestE Monthly interest repayment, see 36.18 for principal repaymentF. Other: see 36.196.2 Each repayment date is the corresponding date in each term for the issuing day since the next month of the issuing day. If the loan issuing dates under this contract is not the corresponding day of the repayment day as stipulated, the interest for the first period and last repayment should be calculated with the actual days and interest rate.6.3 The borrower specifies personal settlement account as payment account as following:Account Name: see 36.20Account No.: see 36.20Opening Bank: see 36.206.4 Before each repayment day, borrower should deposit full amount of repayment into the repayment account for loan principal and interest, and authorize the lender to deduct the repayment according to the first repayment account If borrowers has outstanding loan principal and interest or other fees, he should be timely deposit to the repayment account, and authorize the lender deduct at any time. If the repayment account money is not enough to pay the due payment under this contract, lender shall have the right to decide the priority of cost, interest (including penalty interest, compound interest) and principal.6.5 In case of repayment account loss, freeze, stop payment, cancellation, or borrower need to change repayment account, borrower should process the repayment account change procedure at the site of lender. Before the change to take effect, if the original repayment account is unable to fully deducted, the borrower should make the repayment on the counter at the site of lender. The borrower failed to make the repayment account change procedure timely or not in a timely repayment on the counter which leads no full amount for the repayment principal and interest and other fees, the borrower shall assume the liability for breach of contract.Article 7 Repayment in advance7.1 If borrower repays all or part of the loan in advance, he should submit a written application to the lender 15 days before the repayment date. 7.2 Borrower repayment in advance shall meet the following conditions:A Borrower agrees to pay the compensation for the advanced repayment as see 36.21B Part of advanced repayment, payment amount not less than: see 36.22C When there is advanced repayment, it does not exist due to cope with outstanding payment under this contract, including but not limited to the loan principal, interest, default interest, penalty, compensation and other fees.D see 36.237.3 Part of the advanced repayment should be calculated with the interest stipulated in article 4 of the interest rate and the actual occupancy days. If the borrower repays all loan principal in advance, he should settle all the interest.7.4 Due to the borrower advanced repayment which leads the change of loan term, the outstanding part should be calculated with the loan rate according to the following see 36.24kind:A According to the original loan interest;B Since the date of shortening the time limit, the actual loan term loan interest rate after change is in accordance with benchmark interest rates and article 4.1, the interest before the shorten deadline part which has been collected shall not be retroactive.Article 8 Loan extensionIf borrower can not repay the loan under this contract, he need to handle loan extension. It shall be made to the lender with a written application 30 days prior to the expiry of the loan. Subject to consent by the lender to review extension, both parties shall sign the agreement of loan extension. If lenders dont agree to loan extension, the borrower should still repay the loan principal and interest stipulated by this contract.Article 9 Interest penalty9.1 If borrower does not repay the loan according to the date of the contract (including declared due in advance due), lender shall have the right to collect the interest penalty by day according to the penalty interest rate. If borrower is unable to pay the interest, lender shall have the right to collect the compound interest according to the penalty interest rate. Penalty interest rate is stipulated in article 4 with see 36.25 increase.9.2 If borrower does not use the loan according to contract agreement, lender shall have the right to collect the interest by day according to the penalty interest rate. If borrower is unable to pay the interest, lender shall have the right to collect the compound interest according to the penalty interest rate. Penalty interest rate is stipulated in article 4 with see 36.26 increase.9.3 Loan interest rate is adjusted according to the article 4.2 of the contract, and the penalty interest rate is also adjusted correspondingly after interest rate adjustment. The adjustment cycle of penalty interest rate is corresponding with the adjustment cycle of interest.Article 10 Liability for breach of contract10.1 One or more of the following situations occur, it constitute the borrowers breach of contract:A Borrower does not completely or appropriately to observe or perform any commitments, guarantee, obligation or responsibility under this contract;B Borrower or the guarantor provide false information or withhold any material;C The houses without obtaining property as collateral, the mortgagor is not completed within the prescribed time for the advanced registration record or mortgage procedure of advance notice registration, or completed the formal mortgage registration procedure within the agreed time;D If there is quality and ownership dispute of the properties purchased by the borrower or the mortgaged property and the pledged property, which has or may affect the borrower in the fulfillment of obligations under this contract;E The borrower is dead or is declared dead, missing or declared to be missing, or becomes the person with limited capacity for civil conduct or incapacitated, and no successor or legatee, guardian or property managing agent, or his successor or legatee, guardian or property managing agent refused to perform the borrowers obligations under this contract;F Borrower is involved in criminal cases, litigation, arbitration, dispute, or the borrower is limited personal freedom for detention, criminal detention, reeducation through labor, which is harmful to its solvency;G, The borrower of any other debt (including declared in advance) is due at maturity but did not pay off, or the borrower fails to perform its obligations of guarantee and other liability, already or may affect the borrower in the fulfillment of obligations under this contract;H Guarantees under this contract has changed which is disadvantage for the lender loans, borrowers are not otherwise provide new guarantee approved by lender;I Other circumstances which could influence the loan principal and interest repayment on schedule.10.2 If borrower does not repay the enough amount of principal and interest for more than consecutive 3 months or 6 times, or other contract breach situation, loaner has the right to stop granting the loan and declare the loan in due in advance. Loaner has the right to request the borrower to repay the full or part of the loan and the related interest, interest penalty and other fee until the contract is cancelled. 10.3 If borrower braches the contract, except article 10.2, loaner has the right to take measure of the method in this contract or in the law. Article 11 Mutual loanIf the contract involves two or more persons (including) borrowing, any borrower should fulfill the obligations under this contract, shall bear joint liability for all loans. Lender shall have the right to claim any borrower who fails to repay the loan principal, unpaid interest and other fees.Article 12 Deduction12.1 If borrower failed to repay due (including declared in advance due) loan principal, interest penalty, penalty, compensation or other expenses under this contract, lender shall have the right to deduct the corresponding amount under this contract in all the account opened in the Industrial and Commercial Bank of China by borrower, until all debts of the borrower under this contract are paid. If lender deducts the money which is not enough to repay all the debts that are borrowed, the lender shall have the right to decide priority. But the lender shall notify the borrower (except fir the deduction from payment accounts under this contract for the expired loan principal, interest penalty, penalty, compensation or other expenses). 12.2 If lender deducts the unexpired fixed deposit from borrower, with the need of full amount withdrawal, the interest rate is accordance with listing announced current deposit interest rate at the same day for calculating the interest. If part of the fixed deposit amount for withdrawal, the withdrawal part is calculated with the interest by accordance with listing announced current deposit interest rate at the same day. The remaining part of the fixed deposit is still calculated with the same interest at depositing day. Due to advanced deduction, the interest loss shall be assumed by the borrower.Article 17 FeeThe fee for registration, notary, appraisal of the conclusion and performance of this contract, and due to the borrower and the guarantor who do not fulfill their respective obligations in accordance with the contractual stipulations, loaner for realizing creditors rights makes the attorneys fees, valuation fee, and auction fee, all fees shall be assumed by the borrower. If lender makes the cost for safeguarding his own interest in advance, lender shall have the right to claim against the borrower at any time, and start collecting interest as current deposit interest from the date of the lender making the cost in advance.Mortgage ArticlesIf the loan under this contract is guaranteed by the borrower or a third party to provide mortgage, mortgagor commits to abide by the following terms:Article 14 Mortgaged property14.1 Mortgagor voluntarily provide mortgaged property to the lender, the mortgaged property detailed in the list of the mortgaged property. The list of the mortgaged property as attachments has the same legal force with this contract.14.2 The list of the mortgaged property for the value of the mortgaged property is not as valuation basis for lender to dispose of the mortgaged property and no restrictions for lender to exercise mortgage right.14.3 The effectiveness of the mortgage equals the interest in the mortgaged property, the subordinate and subordinated right of mortgaged property, and the damage, loss or expropriation to the mortgage property which leads the insurance money, compensation or other forms of alternative.14.4 Mortgagor shall properly keep and use the mortgaged property, to ensure the mortgaged property in good condition. Lender shall have the right to check the use of the mortgaged property management situation and the mortgagor shall cooperate with the check.14.5 After signing the contract and before the mortgage is set up, if mortgagor makes the lease of the mortgaged property, he shall be subject to consent by the lender in writing form. During the mortgage term, the mortgagor makes the lease of the mortgaged property, he shall notify the lenders about the lease fact of the mortgaged property, and the rental period shall not be longer than the loan time limit. After signing the contract, if the mortgagor transfers the mortgaged property to set up the guarantee for the third party or otherwise dispose of the mortgaged property, he should be prior approved by the written consent of the lender and inform the fact to buyer of the mortgage and other related person. The profit afterwards should be in accordance with the provisions of the article 14.8.14.6 If the mortgaged property happens or may happen to the damaged or lost, the mortgagor shall inform the lender, and immediately take measures to prevent further loss, and submit to the lender in time about the damage or loss certificate issued by competent authority.14.7 If the behavior of mortgagor is enough to make the value reduction of the mortgaged property, he should immediately stop the behavior. Resulting in a decrease value of the mortgaged property, the mortgagor shall promptly restore the value of the mortgaged property, or provide same decrease value of other guarantee.14.8 A claim for the compensation of the mortgaged property, compensation, benefits, and dispose of the mortgaged property received by mortgagor, the lender shall have the right to choose for processing as following methods:A Repay or pay the debts of the borrower under this contract in advance;B Deposit into the lenders specified account, in order to guarantee the pay