Mortgagee: _ _ _ _ _ (Lender)
Mortgagor: _ _ _ _ _ (Borrower)
Guarantor: _ _ _ _ (guarantor)
Article 1 Clause on _ _ _ _ _ _ _ _ _ _ _ The mortgagee provides the mortgagor with a mortgage loan for a certain period of time as part of the mortgage payment for the mortgagor to purchase the mortgaged property. The guarantor agrees to assume the guarantee responsibility of the loan. This contract is concluded by the three parties through consultation and shall be abided by jointly.
Article 2 Content of loan
1. The loan amount is RMB only. The mortgagor must deposit all the loans into the account of the selling unit in the name of the mortgagor's purchase price.
Two. The loan term is _ _ _ _ _ _ years.
Three. Loan interest rate: monthly interest _ _ _ _ ‰ If the national interest rate is adjusted, the loan interest rate will be adjusted accordingly.
Article 3 Repayment of principal and interest
1. The loan principal and corresponding interest under this contract shall be repaid in equal installments. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Two, the mortgagor must open a deposit account with the mortgagee. The mortgagor can pay the principal, interest and all related expenses of the mortgage loan to the account in full. If the account is overdrawn, the mortgagor shall be responsible for repayment.
Three, if the mortgagor fails to pay the principal and interest in time according to the regulations, the mortgagor must immediately make up the payment and overdue interest. The mortgagee has the right to charge the mortgagor a penalty interest of more than 20% on the basis of the original interest rate. The interest owed by the mortgagor shall be accumulated on a daily basis.
Article 4 Repayment in advance
1. When the Mortgagor voluntarily pays part or all of the money stipulated in this Contract in advance, it shall notify the Mortgagee in writing 65,438+0 months in advance and obtain approval, and pay the Mortgagee compensation equivalent to 65,438+0 months' interest for the part or all of the money.
Two. Under any of the following circumstances, the mortgagee has the right to require the mortgagor to immediately repay part or all of the actual loan amount in advance, and/or immediately recover the guarantor.
1. The Mortgagor and/or the Guarantor violate any terms of this Contract.
2. The mortgagor and/or guarantor have improper or illegal operations.
3. The Mortgagor and/or Guarantor have any major changes that affect their ability to perform the terms of this Contract.
4. The mortgagor gives up the mortgaged property.
Article 5 Handling fees and other expenses
1. Mortgage loan handling fee: the mortgagor pays a handling fee of 3‰ of the loan amount, which shall be paid in one lump sum on the loan date. The mortgagee will not refund the handling fee under any circumstances.
Two. Mortgage loan documents and storage fee: the mortgagor shall pay ¥ 65,438,000 in one lump sum on the loan date.
Three. Notarization fee and mortgage registration fee: all notarization and mortgage fees involved in this contract shall be paid by the mortgagor.
4. Due to the reasons of the Mortgagor and/or the Guarantor, the expenses arising from the mortgagee's legitimate actions shall be repaid by the Mortgagor and/or the Guarantor, and the expenses shall be calculated on a daily basis from the date of occurrence to the date of receipt. Article 6 Real estate mortgage
1. The real estate mortgage under this contract refers to all the rights and interests of the mortgagor in the Real Estate Sales Contract signed by the mortgagor and the guarantor, including:
1. Mortgage of mortgagor's rights and interests during real estate construction (before the date when the sales unit issues the occupancy notice).
2. The mortgagor's property mortgage after the selling unit issues the occupancy notice (see attached table).
Second, the mortgage property registration:
1. The mortgage of house purchase rights and interests during the real estate construction period shall be filed with _ _ _ _ _ _. The Mortgagor's "Real Estate Sales Contract" and the "Certificate of Paid House Payment" issued by the selling unit shall be kept and kept by the Mortgagee.
2. The mortgage registration of the property shall be handled immediately after the completion of the property, and the property ownership certificate of the mortgaged property shall be handled by the guarantor and handed over to the mortgagee for collection and custody.
Three. Mortgage property insurance
1. The mortgagor shall apply for insurance at the insurance company designated by the mortgagee according to the types of insurance designated by the mortgagee within the specified time. The subject matter of insurance is the mortgaged property under this contract. All risks with the insured amount not less than the amount of the mortgaged property repurchased. Before the loan principal and interest are paid off, the mortgagor shall not interrupt the insurance for any reason, otherwise all expenses and losses arising therefrom shall be borne by the mortgagor.
2. The insurance policy must indicate that the mortgagee is the first beneficiary of the insurance, and shall not be accompanied by any restrictive clauses that damage the rights and interests of the mortgagee, or any amount that is not responsible for compensation (unless the mortgagee agrees in writing). The original insurance policy shall be kept by the mortgagee.
3. If the above-mentioned insurance compensation amount is not enough to pay the money owed by the mortgagor to the mortgagee, the mortgagee has the right to recover from the mortgagor and/or guarantor until all the recovery is completed.
4. If the property is damaged within the validity period of this contract, and the insurance company thinks that it is economical to repair the damaged part, the compensation under the policy will be used to repair the damaged part.
4. Cancellation of mortgage: After the mortgagor pays off all the money of the mortgagee on time and performs all the terms and obligations of this contract, the mortgagee shall, at the request of the mortgagor and at the expense of the mortgagor, cancel the mortgage rights and interests of the mortgaged property, return the Property Ownership Certificate and the House Purchase and Sales Contract of the mortgaged property, and send a letter to _ _ _ _ _ _ _ _.
Verb (abbreviation of verb) Disposal of collateral: 1. If the Mortgagor fails to pay all the payables within 30 days, or the Mortgagee fails to require the Mortgagor to immediately repay part or all of the arrears in advance according to the provisions of this Contract, the Mortgagee may exercise the right to dispose of the collateral by auction, transfer or lease.
2. The mortgagee shall deduct the loan owed by the mortgagor and the interest payable after deducting all expenses incurred in disposing the mortgaged property, all taxes owed and all expenses and miscellaneous fees payable by the mortgagor under this contract. If there is any balance, the mortgagor shall return it to the mortgagor or other people who have the right to collect it. If it is insufficient, the mortgagee has the right to recover from the mortgagor and/or guarantor.
3. The mortgagee shall not be responsible for any loss beyond the control of the mortgagor when exercising his power and rights. Article 7 Mortgagor's statements and warranties
While observing other terms of this contract, the Mortgagor also makes the following statements and guarantees:
1. All information provided to the mortgagee is true and reliable, and there is no forgery or concealment of facts.
Two, without the consent of the mortgagee, the mortgagor shall not dispose of all or part of the mortgaged property in any form. If all or part of the mortgaged property is damaged, no matter what the reason is, no matter who is at fault, the mortgagor shall bear all the responsibilities and compensate the mortgagee for all the losses caused by it.
3. The mortgagor must obtain the written consent of the mortgagee in advance to lease the mortgaged property, and it must be stipulated in the lease that when the mortgagor breaches the contract, the lessee must move out within 1 month from the date when the mortgagee sends a letter.
4. If the guarantor repays all debts on behalf of the mortgagor, the mortgagor agrees that the mortgagee will transfer the rights and interests of the mortgaged property to the guarantor, and the guarantor has the right to dispose of the mortgaged property in any form and claim compensation from the mortgagor, and the mortgagor has no right to counterclaim the guarantor.
5. Take all measures and sign all relevant documents according to the reasonable requirements of the mortgagee to ensure the legitimate rights and interests of the mortgagee. Article 8 Guarantee and guarantee responsibility
1. The guarantor is an enterprise legal person in People's Republic of China (PRC) (China), the seller of the real estate sales contract with mortgage interest under this contract, and the introducer and guarantor of the loan mortgagor under this contract, and undertakes the following unconditional and irrevocable guarantee responsibilities:
1. Guarantee amount: limited to the loan principal and interest under this contract and the litigation costs related to this contract.
2. Warranty period: from the effective date of this Contract to the time when the Guarantor delivers the house, issues the occupancy notice, completes the house ownership certificate and delivers it to the mortgagee.
2. The guarantor guarantees to complete the construction project of mortgaged real estate on time and with good quality, and the mortgagee is not responsible for this. Article 9 The mortgagee shall issue all loans within 3 days after verifying the receipt of all loan documents.
Article 10 Other
1. Either party shall not modify, give up, cancel or terminate any terms of this contract orally or in other forms.
2. During the performance of this contract, any tolerance, grace or delay in performance of this contract by the Mortgagee shall not damage, affect or limit all the rights and interests that the Mortgagee shall enjoy as a creditor under this contract and relevant laws.
Three. Regardless of whether this contract is legally invalid or some clauses are invalid for any reason, the Mortgagor and the Guarantor shall still perform all repayment obligations. In case of the above situation, the mortgagee has the right to terminate this contract and immediately compensate the guarantor and mortgagor for the arrears of principal and interest and other related funds.
4. When the mortgagee repays the arrears to the mortgagor and guarantor, it only needs to provide the amount of arrears issued by the mortgagee (except for obvious mistakes), which is the evidence of the exact amount of arrears owed by the mortgagor and guarantor, and the mortgagor and guarantor shall not raise any objection.
Verb (abbreviation of verb) Matters not covered in this contract shall be implemented in accordance with relevant national laws and regulations.
Article 11 This contract is signed in accordance with the laws of People's Republic of China (PRC) and protected by the laws of People's Republic of China (PRC).
Article 12 Supplementary Provisions
1. This contract is signed by the representatives of the three parties and notarized by the _ _ _ _ Notary Office.
Two. The effective date of this contract is the date when the mortgagee lends money.
3. Schedules I and II signed by the mortgagor and guarantor, mortgage loan application, loan receipt and real estate sales contract mentioned in this contract are all integral parts of this contract.
4. This contract is written in Chinese in quintuplicate, with the same legal effect. The mortgagor, mortgagee and guarantor each hold one copy, and the notary office and registration office each hold one copy.
The parties to this contract have carefully read and agreed to abide by all the terms of this contract. The following signature is authentic:
Mortgagor: (official seal) Mortgagee: (official seal) Guarantor: (official seal).
Representative: _ _ Representative: _ _ Representative: _ _ Representative: _ _ Representative
Registration institution: _ _ _ _ _ _ _ _ _ _ _
Mortgage registration number: _ _ _ _ _ _ _ _ _ _
Date of mortgage registration: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Schedule 1
Mortgagor Information Mortgagor (Owner) Name: (Chinese) (English) Gender: Age: ID Number: Work Unit: Tel: Home Address: Tel:
Schedule II
Collateral Details Property Address: Building Name: Building Floor: Year: Area (Building) Use: Purchase Price: Notarial Certificate of Real Estate Sales ContractNo.: () SZF Financial Service Zi No.
The above is a model contract for real estate mortgage loan, which I hope will help you. lyq