1. The parties shall conclude a mortgage contract in written form, making it clear that the mortgage contract is a subsidiary contract of the main contract, and when the main contract is invalid, the mortgage contract is also invalid. At present, the law prohibits lending between enterprises, but there is no such provision for lending between individuals. Therefore, when signing a mortgage contract, we should pay special attention to the validity of the main contract. It cannot be stipulated in the mortgage contract that when the mortgagee fails to pay off the debt at the expiration of the debt performance period, the ownership of the mortgaged property will be transferred to the creditor.

2. Legal basis: Article 400th of People's Republic of China (PRC) Civil Code.

A mortgage contract generally includes the following clauses:

(1) Type and amount of secured creditor's rights;

(2) The time limit for the debtor to perform the debt;

(3) The name and quantity of the mortgaged property;

(4) the scope of the guarantee.

Second, the mortgage contract model format

Mortgagor (Borrower):

Address:

Mortgagee (Lender): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Address:

According to the Civil Law of People's Republic of China (PRC) and relevant banking regulations, the Mortgagor and the Mortgagee signed this mortgage agreement (hereinafter referred to as the agreement) (hereinafter referred to as the loan contract) on.

I. Collateral and mortgage registration

(1) Forward housing refers to commercial housing under construction. After paying the down payment or advance payment, the mortgagor has signed a purchase contract with the real estate agent and obtained the right to purchase the commercial house according to law after notarization by the notary office.

(2) Existing houses refer to completed commercial houses. After paying the down payment, the mortgagor has signed a house sales contract with the real estate agent, and obtained the right to purchase commercial houses according to law.

2. Mortgage loan:

The collateral of this project is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ The Mortgagor has signed _ _ _ _ _ _ _ _ documents.

3. Mortgage registration:

The mortgagor shall mortgage all the rights and interests of the pre-purchased house contract to the mortgagee, and go through the mortgage registration formalities at the Real Estate Administration. When the house is completed and delivered for use, the mortgagor authorizes the real estate agent to send the House Completion Certificate to the mortgagee, and entrusts the mortgagee or the institution designated by the mortgagee to receive the House Ownership Certificate from the real estate management department, so as to complete the house ownership mortgage registration procedures. The real estate license is managed by the mortgagee.

4. The expenses for handling the house property right certificate and land use right shall be borne by the mortgagor.

5. The mortgagor hereby confirms that the mortgagee has the right to terminate this contract in advance and claim all debts from the mortgagor immediately, no matter what causes the mortgagor to fail to obtain the real estate license and land use certificate.

Two. Mortgagor's representations and warranties

1. The collateral provided by the mortgagor is legally owned and actually exists by the mortgagor. During the validity period of this agreement, the Mortgagor guarantees the safety and integrity of the collateral and agrees to accept the supervision and inspection of the Mortgagee at any time.

2. The mortgagor guarantees that the act of providing collateral as collateral is legal and effective.

3. The collateral provided by the mortgagor has not been mortgaged or transferred to any third party. During the validity of this agreement, the collateral shall not be leased, sold, transferred, donated, entrusted, re-mortgaged, significantly modified or supplemented or otherwise disposed of without authorization.

4. The Mortgagor hereby confirms that the Mortgagee has the right to transfer all the rights of the Mortgagee under this Agreement to a third party without the consent of the Mortgager before the Mortgager pays off all the loan principal and interest and related expenses under this loan contract.

5. The above statements and warranties are always true and valid during the validity of this agreement.

Third, the use and inspection of collateral.

1. The mortgaged property under this agreement shall be used by the mortgagor, who shall be responsible for protecting and managing the used property and paying all expenses arising from the use of the property on time.

2. The mortgagee has the right to inspect the mortgaged property regularly or irregularly, and the mortgagor shall provide all conveniences.

Four. insurance

1. The mortgagor shall go through the insurance formalities for the mortgaged property at the insurance company designated by the mortgagee according to the time and types of insurance specified by the mortgagee. The insurance amount shall not offset the total value of the collateral, and the insurance period shall be longer than the loan period 1-3 months. The original insurance policy must indicate that the mortgagee is the first beneficiary.

2. Before the loan is paid off, the mortgagor shall not interrupt the insurance for any reason. If the mortgagor interrupts insurance, the mortgagee has the right to take out insurance on his behalf, and all expenses and interests shall be paid by the mortgagor, and the mortgagee has the right to recover from the mortgagor.

3. If the collateral is accidentally damaged or lost, and the insurance company refuses to pay compensation according to law or the compensation amount is insufficient to repay the money owed by the mortgagor to the mortgagee, the mortgagee has the right to ask the mortgagor to provide collateral recognized by the mortgagee to make up for it, otherwise the mortgagor shall repay all debts in advance.

Verb (abbreviation for verb) cancels mortgage.

Only after the mortgagor has paid off all the money owed to the mortgagee can the mortgage be cancelled, and the mortgagee will return the relevant vouchers and documents to the mortgagor.

Exercise of mortgage of intransitive verbs

1. According to Article 11 of the Loan Contract, when the mortgagor breaches the contract, the mortgagee has the right to dispose of the collateral if the mortgagor still fails to perform the repayment obligation 60 days after the mortgagee sends a written notice to pay off the arrears.

2. The mortgagee has the right to entrust relevant institutions to auction, sell or lease part or all of the collateral. The proceeds from the sale of the lease are used to repay the principal and interest. If there is any balance, it shall be returned to the mortgagor. If the debt is insufficient to pay off, the mortgagor shall continue to be responsible for paying off the insufficient part until it is fully paid off.

3. The mortgagee has the right to exercise other legal disposal methods other than the above-mentioned mortgage disposal methods.

Seven. Applicable law and others

1. This Agreement shall be governed by the laws of People's Republic of China (PRC) and interpreted according to the laws of People's Republic of China (PRC).

2. This agreement is an integral part of the loan contract and has the same legal effect as the loan contract.

This agreement is in duplicate.

Mortgagor:

Mortgagee:

Date of signing:

On behalf of:

Witness lawyer:

Date of signing:

Witness date:

Signature place: