中国银行抵押合同英文翻译.docx

G-01: Mortgage Contract- 1 docFixed Asset Loans ContractCode: Ha A Zhongyin Di Zi Di (2017) No. 001Borrower: Co., Ltd.Business License No.: Legal Representative/ Principal: Domicile Address: ProvinceZip Code: Account Opening Financial Institutions and Account No.: Bank of China Group Investment Limited Sub-branchAccount No.: Telephone: Fax: Lender: Bank of China Group Investment Limited Legal Representative/ Principal: Domicile Address: ProvinceZip Code: Telephone: Fax: In order to guarantee the performance of the debt under the master contract mentioned in article 1 of this contract, the mortgagor voluntarily takes the property which has been included in the list of properties attached to the list of collateral as the mortgage guarantee for the creditors rights of the mortgagee. The parties enter into this contract through equal consultation. Unless otherwise agreed herein, the interpretation of terms herein shall be determined in accordance with the master contract.Article 1 Master ContractThe master contract of this contract is:Mortgagee and Co., Ltd. signed the Fixed Asset Loans Contract which code is No. and its amended or supplemented.Article 2 Right of Principal Creditor Under the main contract of creditors rights constitute the principal claim of this contract, including the principal and interest (including statutory interest, compound interest, default interest, agreement), default fine, compensation for damage, and the cost of the creditors rights (including but not limited to court costs, attorney fees, notarization fees, execution, etc.), was the guarantor for the debtor/(counter guarantee case, similarly hereinafter) breach of contract and causes losses to the mortgagee and all other accrued expenses.Article 3 CollateralSee appendix “list of collateral” for details of the collateral.During the mortgage period, when the collateral is damaged, lost or expropriated, etc., the mortgagee may receive priority compensation for insurance, compensation or compensation. If the period for the performance of the secured creditors rights is not expired, such insurance money, compensation or compensation may also be deposited.If the collateral is a house, the mortgagor shall timely notify the mortgagee when he knows the information of the house to be demolished. Houses to be demolished during the period of mortgage, such as mortgages for houses demolished using compensation in the form of property right exchange, the mortgagor shall, in accordance with requirements of the mortgagee and the debtor, the mortgagee shall negotiate the debts, or in accordance with the requirements for the mortgagee to property rights exchange houses or other mortgages resetting mortgage and sign a new mortgage agreement, after the original mortgage property loss and the new mortgage registration has not been dealt with before, the mortgagor shall, in accordance with requirements of the mortgagee and have secured party provide guarantee conditions. If the house is compensated in the form of compensation, the mortgagee shall have the right to receive priority compensation for such compensation, or require the mortgagor to continue to use the compensation as security property by opening a special deposit account or deposit certificate, and sign the corresponding deposit pledge agreement or deposit certificate.Article 4 Mortgage RegistrationMortgage registration is required according to law. Within 15 days after signing this contract, the mortgagor and the mortgagee shall go to the relevant registration department to handle the mortgage registration procedures.Mortgage register item occurrence change, need to carry on change to register according to the law, guarantor and hypothec person should be in the day that register item change 10 days go up to deal with change to register a branch to register.Article 5 Possession and Custody of CollateralThe collateral hereunder shall be owned and kept by the mortgagor, but the ownership certificate of the collateral shall be kept by the mortgagee. The mortgagor agrees to accept and effectively cooperate with the inspection of the collateral by the mortgagee and its designated institutions and individuals at any time.The mortgagor shall properly keep, maintain and maintain the collateral and take effective measures to guarantee the safety and integrity of the collateral. If the collateral needs to be repaired, the mortgagor shall timely carry out and bear the corresponding expenses.Without the written consent of the mortgagee, the mortgagor shall not transfer, lease or lend the collateral in whole or in part, make capital contribution in the form of physical objects, transform, rebuild or dispose of the collateral in any other manner; If the mortgagee agrees in writing, the proceeds from the disposal of the collateral shall be used to pay off the creditors rights in advance or to put in deposit with a third party designated by the mortgagee.Article 6 Disposal of Reduced Value of CollateralWhere the mortgagors act is sufficient to reduce the value of the collateral before the principal claims under this contract have been fully paid off, the mortgagee shall have the right to demand that the mortgagor cease the behavior. Where the value of the mortgaged property is reduced, the mortgagee has the right to require the mortgagor to restore the value of the collateral, or to provide other guarantees equivalent to the reduced value and recognized as the mortgagee. If the mortgagor does not restore the value of the mortgaged property and does not provide a guarantee, the mortgagee has the right to require the debtor to pay off the debt in advance. If the debtor fails to perform the debt as required, the mortgagee has the right to exercise the mortgage.If the loss or decrease in value of the collateral is caused by natural disaster, accident, infringement or other reasons, the mortgagor shall immediately take measures to prevent further expansion of the loss and immediately notify the mortgagor in writing.Article 7 FruitsThe debtor fails to perform due debts, or other circumstances of the implementation of this contract agreement hypothec, causing the mortgaged property is held in the peoples court in accordance with the law, from the date of seizure, the mortgagee has the right to collect the natural fruits of the mortgaged property or legal fruits, but the mortgagee fails to notify the person who has the obligation to pay legal fruits.The fruits specified in the preceding paragraph shall first be used to cover the expenses for collecting fruits.Article 8 Insurance of Collateral (This is an optional article. Choose 1 of the following item: 1. Applicable 2. Not applicable)The amount insured shall not be less than the assessed value of the collateral. The contents of the policy shall conform to the requirements of the mortgagee and shall not be subject to restrictive conditions which are harmful to the rights and interests of the mortgagee.The mortgagor shall not interrupt, terminate, amend or alter the policy for any reason, and shall take all reasonable and necessary measures to ensure that the insurance provided for in this article remains valid, until the principal claims under this contract have been fully paid off. If the mortgagor fails to take out insurance or violates the aforementioned agreement, the mortgagee shall have the right to decide to take out insurance or continue to take out insurance for the collateral, and the insurance expenses shall be borne by the mortgagor, and may be included in the scope of the principal claim together with the losses that may thus be caused to the mortgagee.Within 15 days after the signing of this contract, the mortgagor shall submit the original insurance policy of the collateral to the mortgagee and transfer the right of claim for insurance benefits due to the occurrence of the insurance event to the mortgagee. The original insurance policy shall be held by the mortgagee until the contract is fully paid.Article 9 Occurrence of Guarantee LiabilityIf the debtor/guarantor fails to pay off the mortgagee as agreed upon on any normal or early repayment day, the mortgagee shall have the right to exercise the mortgage according to law and as agreed herein.The date of normal payment referred to in the preceding paragraph shall be the date of principal repayment, interest payment or the date on which the debtor/guarantor shall make any payment to the mortgagee pursuant to the provisions of such contract. The date of advance payment referred to in the preceding paragraph shall be the date on which the debtor/guarantor agrees to advance payment and the date on which the mortgagee requests the debtor/guarantor to recover the principal and interest of the claim/or any other payment pursuant to the contract or other provisions.Article 10 Period Mortgage Exercise The mortgagee shall exercise the mortgage right within the limitation period of the main claim action after the occurrence of the reguarantee responsibility.If the principal claim is paid in installments, the mortgagee shall exercise the right of mortgage before the expiration of the limitation period of action based on the last term of the claim.Article 11 Realization of MortgageAfter guarantee liability occurs, the mortgagee has the right to enter into an agreement with the mortgagor to discount or auction the collateral, and the proceeds from the sale of the collateral are preferred to repay the principal creditors rights. If no agreement is reached, the mortgagee shall have the right to request the peoples court to sell the collateral according to law.The proceeds from the disposal of the collateral shall be used to pay off the principal claims after the priority is given to the disposal expenses of the collateral and the expenses payable to the mortgagee hereunder by the mortgagor.Lord debt outside this contract at the same time there are other things, guarantee or warranty does not affect the right of mortgage of any right under this humanistic and its exercise, the mortgagee has the right to decide the guarantee right to exercise the order, the mortgagor shall guarantee liability in accordance with this contract, shall not exist other defenses creditors guarantee and the exercise of the order.Article 12 Relationship between This Contract and Master ContractWhere both parties of the master contract terminate the master contract or cause the master contract to expire in advance, the mortgagor shall be liable for the security of the claims incurred under the master contract.The parties to the master contract agree to change the contents of the master contract, except for cases where currency, interest rate, amount, term or other changes lead to the increase of the amount of principal claims or extend the term of performance of the master contract, without obtaining the consent of the mortgagor, the mortgagor shall throw the collateral under this contract to bear the guarantee responsibility for the changed master contract.If it is necessary to obtain the consent of the mortgagor, without the written consent of the mortgagor or the refusal of the mortgagor, the mortgagor shall not be liable for the increase of the amount of the principal creditors rights, and the extension of the time limit for the performance of the principal contract, the period for exercising the right of mortgage shall remain the original period.After the mortgagee opens the letter of credit for the debtor/guarantor, the mortgagee shall conduct import bill of exchange financing or other forms of follow-up financing successively with the debtor/guarantor, without the consent of the mortgagor, the mortgagor shall assume the continuous and uninterrupted guarantee responsibility for these financing. The mortgagor and the mortgagee shall sign the import bill of exchange agreement or other follow-up financing agreement - within days to handle the mortgage registration.If any other mortgagee exists on the mortgaged property hereunder, the above changes shall not adversely affect the mortgagee without the written consent of other mortgagees.Article 13 Statements and CommitmentsThe statement and commitments of mortgagor are as follows:1. The mortgagor, who is legally registered and existing, has the full capacity for civil rights and conduct required for the execution and performance of this contract, and has the legal ownership or disposition of the collateral;2. The mortgagor warrants that there is no other co-owner over the mortgaged property, or the mortgagor has written permission from all co-owners notwithstanding the co-owner. The mortgagor undertakes to give the written permission to the mortgagee for preservation before signing this contract.3. The mortgagor fully understands the content of the master contract. Signing and performing this contract is based on the real intention expressed by the mortgagor, and has obtained legal and effective authorization according to the enterprise articles of association or other internal management documents.The mortgagor is a third party and the company, and the mortgagor provides such guarantee, which has been adopted by the board of directors or the board of shareholders in accordance with the provisions of the articles of association and the resolution of the general meeting of shareholders; Where the total amount of the guarantee and the amount of the single guarantee are limited in the articles of association, the guarantee under this contract shall not exceed the prescribed limit.Signing and performing this contract shall not violate any contract, agreement or other legal documents binding on the mortgagor; The mortgagor has or will obtain all relevant approvals, permits, records or registrations required for the establishment of this mortgage.4. All documents and information provided by the mortgagor to the mortgagee are accurate, true, complete and valid.5. The mortgagor has not concealed from the mortgagee any guarantee property right in the collateral as of the date of signing this contract.6. If a new guarantee property right is established on the mortgaged property and the mortgaged property is sealed up or involved in a major lawsuit or arbitration case, the mortgagor shall promptly notify the mortgagee.7. If the collateral is under construction, the mortgagor promises that there is no right of priority to be paid by a third party on the collateral; Where there is a third partys prior claim, the mortgagor promises to make the third party issue a written waiver of the prior claim and submit it to the mortgagee for custody.Article 14 Culpa in ContrahendoAfter the conclusion of this contract, if the mortgagor refuses or delays in registering the mortgage or because of other reasons of the mortgagor, the contract cannot take effect and the mortgage right cannot be set up in a small way, it shall constitute the culpa in contrahendo. The mortgagor shall be liable for the losses suffered by the mortgagee.Article 15 Default Event and SolutionsOne of the following shall constitute or be deemed to be the default of the mortgagor under this contract:1. The mortgagor, in violation of the provisions of this contract, arbitrarily transfers, leases, lends, invests in the form of material object, rebuilds, rebuilds or disposes of the collateral in whole or in part in any other manner.2. The mortgagor shall obstruct the mortgagees lawful disposition of the collateral in accordance with the relevant provisions of this contract.3. In case of the decrease of the value of the collateral mentioned in article 6 of this contract, the mortgagor shall not provide corresponding guarantee as required by the mortgagee.4. The statement made by the mortgagor in this contract is untrue or in breach of the promise made by the mortgagor in this contract.5. The mortgagor violates other provisions of this contract concerning the rights and obligations of the parties.6. The mortgagor terminates business or disbands, revocation or bankruptcy occurs.7. The mortgagor is in default under other contracts with the mortgagee or other institutions of Bank of China Group Investment Limited.In case of the event of default specified in the preceding paragraph, the mortgagee shall have the right to take one or more of the following measures depending on the specific circumstances:1. The mortgagor is required to correct the breach within a time limit.2. To reduce, suspend or terminate the credit line to the mortgagor in whole or in part.3. To suspend or terminate the business application of the mortgagor under other contracts in part or in whole; The issuance and processing of undeveloped loans and unprocessed trade financing shall be suspended or terminated in whole or in part.4. Declare the principal and interest of the mortgage/trade finance and other payables to be fully or partially due immediately under other contracts.5. This contract shall be terminated or dissolved, and other contracts between the mortgagor and the mortgagee shall be terminated in whole or in part.6. The mortgagor is required to compensate for the loss caused to the mortgagee due to the default.7. Exercise of mortgage.8. Other measures deemed necessary by the mortgagee.Article 16 Reservation of RightThe failure of either party to exercise part or all of its rights hereunder or to require the other party to perform, assume part or all of its obligations and responsibilities shall not constitute a waiver of such rights or a waiver of such obligations and liabilities.Any tolerance of one party to the other party, extension or postponement of the exercise of the rights under this contract shall not affect any rights that it has under the laws