Real estate mortgage loan contract
Real estate mortgage loan contract
Mortgagee: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Address: _ _ _ _ _ _ _ _ _ _ _ Postal code: _ _ _ _ _ _ _ Tel: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Legal Representative: _ _ _ _ _ _ _ _ Title: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Mortgagor: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Address: _ _ _ _ _ _ _ _ _ _ _ Postal code: _ _ _ _ _ _ _ Tel: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Legal Representative: _ _ _ _ _ _ _ _ Title: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Address of the mortgaged property: _ _ _ _ _ _ _ _ _ _ Postal code: _ _ _ _ _ _ _ _ Tel: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Real estate sales contract of mortgage interest: Jing Fang zhi Nuo. _ _ _ _ _ _ _ _
The first general rule
The mortgagee and mortgagor will sign the mortgage loan contract of the property with the guarantor on (hereinafter referred to as "the contract"). The mortgagor (that is, the borrower) agrees to mortgage all the rights and interests of the real estate sales contract (that is, the Mortgage Real Estate Sales Contract signed by the guarantor and the mortgagee (that is, the lender) on, agreed to accept the above-mentioned Real Estate Sales Contract and all the rights and interests of the real estate under the Real Estate Sales Contract as collateral for the loan under this contract, and accepted the guarantor's guarantee responsibility for the loan under this contract, and the mortgagee provided the mortgagor with a regular mortgage loan as a mortgage of the mortgaged property. This contract is made through negotiation among the three parties for compliance.
Article 2 Interpretation
In this loan contract, unless otherwise stipulated in the contract, the following terms are defined as follows:
"Business day" refers to the date when the mortgagee begins to operate.
"Arrears": all the money owed by the mortgagor to the mortgagee, including principal, interest and other related expenses.
"All the rights and interests of the real estate sales contract" refers to all the rights and interests that should be owned in the Real Estate Sales Contract signed by the mortgagor (that is, the owner of the house) and the guarantor.
"Property construction period": it is deemed as the property construction period before the date when the Seller sends the occupancy notice.
Article 3 the loan amount
1. Loan amount: RMB _ _ _ _ _;
All the money that has been returned (including early return) shall not be withdrawn.
2. The Mortgagor hereby irrevocably authorizes the Mortgagee to deposit all the above loan amount into the account of the selling unit in the name of the Mortgagor's house purchase price.
Article 4 Term of loan
The loan term is _ _ _ years, counting from the date when the mortgagee lends money. At maturity, the mortgagor shall pay off all the loan principal and interest. However, if the mortgagor breaches the contract within the time limit, the mortgagee may notify the mortgagor to return or stop paying or reduce the loan amount at any time according to the actual situation, and the mortgagor will perform it immediately.
Article 5 Interest
1. The loan interest rate is calculated according to the best bank loan interest rate plus _ _ _ _ _ _ _ (annual interest rate).
2. The above preferential interest rate will fluctuate according to market conditions. Once the interest rate is adjusted, it will take effect immediately, and the mortgagee still reserves the right to adjust the loan interest rate at any time.
3. The loan interest rate under this contract is the interest rate adjusted according to the daily loan interest rate or market conditions according to the written notice of the mortgagee.
4. Within the validity period of this contract, the accumulated interest on the daily loan balance is 365 days per year.
5. If the loan interest rate is adjusted, the mortgagee shall notify the mortgagor in writing of the adjusted interest rate.
Article 6 Repayment
1. What's the price of this alloy? Hey hey? ⅲ? For the _ _ _ _ _ _ _ installment, the loan principal and interest shall be repaid monthly from the date of lending, and the amount payable in each installment (including the change of the amount payable due to interest rate adjustment) shall be notified to the mortgagor in writing. If the repayment date is not a working day, the installment payment shall be postponed to the next working day of the repayment date.
2. The mortgagee has the right to adjust and change the amount payable in each installment or the number of repayment installments.
3. The mortgagor must open a deposit account in the bank and pay the principal and interest of the mortgage loan and all related expenses to the account. If the account is overdrawn or overdrawn, the mortgagor shall bear the repayment responsibility.
Four, all the money payable to the mortgagee, should be sent to the _ _ _ _ bank.
5. The mortgagor cannot deduct any money from it. If it is necessary to deduct or counterclaim any money (including taxes) according to the current or future relevant laws and regulations of China, the mortgagor can immediately compensate the mortgagee for the extra money, so that the income of the mortgagee is equivalent to the total amount he should get without counterclaim.
Article 7 overdue interest and penalty interest
1. The amount paid in monthly installments shall be amortized according to the specified times and dates; In case of overdue payment, the mortgagor must immediately pay overdue payment and overdue interest. The interest rate of overdue interest is determined by the mortgagee, and the monthly interest rate is 2% to 5%.
Two, if the mortgagor overdue repayment, in addition to paying overdue interest, the mortgagee has the right to charge the mortgagor a penalty of 20% to 50% on the basis of the original interest rate.
3. The mortgagor shall pay overdue interest at the above-mentioned designated interest rate until the payment is settled, and the interest shall be calculated on a daily basis before or after the judgment determines the debt.
Article 8 Repayment in advance
1. With the consent of the mortgagee, the mortgagor may go through the formalities of prepayment according to the following provisions:
1. The mortgagor can repay the real loan in part or in whole in advance on the installment date of each month, and the prepayment amount shall not be less than the multiple of RMB _ _ _ _ _ _ _ _ _ _ _. The amount repaid in advance will gradually reduce the original loan amount according to the rules.
2. The mortgagor must notify the mortgagee in writing one month before the scheduled prepayment date. Once a notice is given, it is irrevocable.
3. The Mortgagor voluntarily pays part or all of the money agreed in this Contract in advance, and the Mortgagor shall compensate the Mortgagee for one month's interest on the part or all of the money.
Two. The Mortgagor and the Guarantor agree that under 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, or immediately repay the Guarantor:
1. The Mortgagor and/or the Guarantor violate any terms of this Contract.
2. The mortgagor and/or guarantor's own external borrowing, guarantee, compensation, commitment or other borrowing responsibilities are due to:
A. default is ordered to repay in advance;
B. it has expired and cannot be repaid as scheduled.
3. The Mortgagor and/or Guarantor suffers from diseases (including insanity), death, merger, acquisition or reorganization, or the court or government agency or anyone decides to dispose of all or most of their property through dissolution, liquidation, bankruptcy, closure or appointment of receiver or trustee.
4. Threats from mortgagor and/or guarantor, such as seizure order or prohibition order, will have adverse effects on real estate, property or property, and these threats cannot be completely removed within 30 days after they occur.
5. The mortgagor and/or guarantor can't repay the debts of ordinary creditors, can't pay off the debts during liquidation or bankruptcy, or will stop business.
6. If the Mortgagor and/or the Guarantor become illegal or unable to continue to perform this contract according to the laws and regulations of China, the Mortgagor and/or the Guarantor shall bear the responsibilities.
7. The business prospects of the Mortgagor and/or the Guarantor or the property owned by the Mortgagor are adversely changed, which seriously affects their ability to perform their responsibilities under this Contract.
8. All or any important key part of the property of the mortgagor and/or guarantor is confiscated, requisitioned, forcibly acquired (whether valuable or not) or damaged.
9. Without the prior written consent of the mortgagee, the mortgagor changes its shareholding structure.
10. The mortgagor gives up the mortgaged property.
If it is found that any of the above matters or accidents that may lead to the above matters have occurred, the mortgagor and/or guarantor shall immediately notify the mortgagee in writing. Unless the above matters have been satisfactorily resolved when the Mortgagee is aware of them, the Mortgagee may dispose of the collateral in any form at any time after the above matters occur or pay back to the Guarantor in accordance with the provisions of point 2 of Article 13 Guarantor and Guarantor's Liability Clause 1 of this Contract. The Mortgagee shall not be liable for any loss beyond the control of the Guarantor and/or Mortgagor when exercising the above rights and rights.
Article 9 Handling fees and other expenses
1. The mortgagor shall pay a handling fee of 0.5 ‰ of the loan amount, which shall be paid in one lump sum on the loan date, and must provide all the information involved in this contract absolutely and truly; After signing the contract, if it is found that the information provided by the mortgagor is inconsistent with the facts, the mortgagee has the right to immediately recover the loan and interest, and does not refund the handling fee charged according to the contract.
2. The mortgage loan document fee shall be paid by the mortgagor in one lump sum on the loan date.
Three. Notarization fee and mortgage registration fee: all expenses related to notarization and mortgage registration involved in this contract shall be paid by the mortgagor.
4. If the Mortgagor fails to pay all the money stipulated in this Contract, resulting in the Mortgagee's collection of money, or for any reason, the Mortgagee decides to recover all the expenses (such as various handling fees, management fees, various insurance premiums, etc.) in any way. ), the mortgagor shall repay it, and the overdue interest shall be calculated on a daily basis from the date of actual payment to the date of collection.
Article 10 Prerequisites for loans
1. The mortgagor fills in the Application Form for Real Estate Mortgage Loan; The application form must be confirmed by the guarantor.
Two, the mortgagor provides the purchase contract for the purchase of collateral.
Three, in the name of the mortgagor, the insurance company designated or recognized by the mortgagee, to buy insurance not less than the total insured amount of the collateral; The insurance policy must be transferred to the bank and kept by the bank.
Four. The Contract shall be signed and sealed by the representatives of the Mortgagor, Mortgagee and Guarantor.
Verb (abbreviation of verb) This contract shall be notarized by the notary office.
Article 11 Real estate mortgage
1. The real estate mortgage under this contract refers to:
1. Mortgage of mortgagor's rights and interests during real estate construction:
(1) means that the mortgagor (that is, the owner of the house) signed a contract with _ _ (that is, the unit that sold the house) and was signed by _ _ _
In the "Real Estate Sales Contract" notarized by the Municipal Notary Office, the mortgagor gives priority to mortgage the rights and interests he enjoys according to the purchase contract to the mortgagee; If the mortgagor or guarantor fails to perform the repayment obligation or guarantee obligation, the mortgagee may obtain all the rights and interests of the mortgagor in the Real Estate Sales Contract to pay off all the debts;
(2) The real estate sales contract of the mortgaged interest shall be kept by the mortgagee.
2. Mortgaged property:
(1) refers to the completed (usable) mortgaged property purchased by the mortgagor in the Property Sales Contract signed by the mortgagor (i.e. the owner of the house) and _ _ (i.e. the seller) (see the attached table for details);
(2) The Mortgagor shall list the mortgaged property in Item 2 above (1) in Schedule 2 of this Contract and mortgage it to the Mortgagee as collateral for the debts owed;
(3) The mortgagor (that is, the owner of the house) hereby authorizes the mortgagee to apply to the Municipal Real Estate Management Bureau for the ownership certificate of the house and go through the mortgage registration formalities on his behalf after receiving the occupancy notice sent by the guarantor (seller).
Second, the mortgaged property insurance:
1. The mortgagor shall go to the insurance company designated by the mortgagee within the specified time and take out insurance according to the types of insurance designated by the mortgagee. The subject matter of insurance is the above-mentioned mortgaged property, and the insurance amount is not less than the total insurance amount of the re-purchased mortgaged property. Before the loan principal and interest are paid off, the mortgagor shall not interrupt the insurance for any reason. If the mortgagee suspends insurance, the mortgagee has the right to take out insurance on his behalf, and all expenses shall be paid by the mortgagor. The mortgagor shall unconditionally repay all losses suffered by the mortgagee, and the mortgagee has the right to recover from the mortgagor.
2. The mortgagor shall transfer the insurance policy to the mortgagee within the specified time. The insurance policy 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.
3. The original insurance policy shall be kept by the mortgagee, and the mortgagor shall pay the safekeeping fee to the mortgagee.
4. The mortgagor irrevocably authorizes the mortgagee as its representative and the mortgagee as the controller of insurance compensation; This power of attorney shall not be revoked without the written consent of the mortgagee.
5. If the above insurance compensation amount is insufficient to pay the amount owed by the mortgagor to the mortgagee, the mortgagee has the right to recover from the mortgagor and/or guarantor until the mortgagor pays off the amount owed.
6. If the property is damaged within the validity period of this contract, the insurance company thinks that it is economical to repair the damaged part, and the compensation under the policy will be used to repair the damaged part.
III. Registration of Mortgaged Property
1. Mortgage of house purchase rights and interests during real estate construction: mortgage filing with real estate management authority. The Mortgagor's "Real Estate Sales Contract" and the "Certificate of Paid House Payment" issued by the selling unit shall be collected and kept by the Mortgagee.
2. After the property is completed and moved in, handle the mortgage registration of the property, and hand over the house ownership certificate of the mortgaged property to the mortgagee for safekeeping, and the registration fee shall be paid by the mortgagor.
Fourth, the mortgage is lifted.
1. Once the Mortgagor has paid off all the money of the Mortgagee on time and fulfilled all the clauses and other obligations of this Contract, the Mortgagee shall, at the request of the Mortgagor, bear the expenses, cancel the mortgage rights and interests of the mortgaged property in the mortgage contract, and return the house ownership certificate and the house sales contract of the mortgaged property.
2. Under the above article 1, the mortgagee shall send a letter to the _ _ _ _ Municipal Real Estate Administration, submit the property right certificate to the mortgagor, and handle the mortgage registration and cancellation procedures of the mortgaged property with the _ _ _ _ Municipal Real Estate Administration.
Verb (abbreviation of verb) Disposal of collateral
1. If the mortgagor fails to pay any money stipulated in this contract, or fails to abide by the terms clearly stipulated in this contract or commits any breach of contract, the mortgagee can immediately enter and enjoy the whole building or collect rent and income; Or sell or lease all or part of the property, and collect rent and income according to the price or rent and term that the mortgagee thinks fit. The mortgagee may employ a receiver or agent to handle the above matters, and the mortgagor shall be responsible for his wages or remuneration. The receiver or agent will be regarded as the agent of the mortgagor, and the mortgagor shall take full responsibility for the acts and dereliction of duty of the receiver or agent.
2. The designated recipient has the following rights:
(1) Require the tenants to pay the rent or accommodation fee and issue a valid rent receipt, and have the right to recover the rent or accommodation fee in arrears through litigation, accusation, seizure or other means; Such demand, receipt or payment will be issued in the name of the mortgagor or mortgagee, and the payer does not need to ask whether the receiver has the right to act.
(2) The receiver can insure all or part of the property and its internal attachments and interior decoration according to the written notice of the mortgagee.
3. The mortgagee has the right to dispose of all or part of the property in accordance with the relevant provisions of the law, without consulting with the mortgagor or others in accordance with the provisions of the fifth paragraph of Article 11. The mortgagee has the right to sign documents and contracts related to the sale of the property and cancel the sale, and the mortgagor will not bear all losses caused thereby.
4. The mortgagee may exercise the power to dispose of the property under the following circumstances:
(1) The mortgagee sends a notice to the mortgagor asking for repayment (whether due or not), and the mortgagor fails to repay the mortgagee in full within one month according to the notice;
(2) The Mortgagor fails to pay off all the payables within 30 days;
(3) The Mortgagor violates any clause of this Contract;
(4) The mortgagor is an individual and bankrupt, or the property is supervised by the court; Or the mortgagor is dissolved or liquidated due to the company's organization;
(5) Any property of the mortgagor suffers or may suffer seizure or confiscation;
(6) The mortgagor gives up the property.
5. When the mortgagee sells the property to the buyer according to the above power, the buyer does not need to inquire about the above matters, nor does it need to pay attention to whether the mortgagor owes the mortgagee debts or whether the sale is improper. Even if there are any irregularities or irregularities in the purchase and sale, the purchase and sale are still regarded as valid for the buyer, and the mortgagor has the right to sell the property to the buyer.
6. The mortgagee has the right to issue a receipt or rent bill to the buyer or tenant, and the buyer and tenant need not pay attention to the purpose of the money or rent received by the mortgagee. If the loss is caused by improper use of money or rent, it has nothing to do with them.
7. The mortgagee or the receiver or agent appointed under Article 5 (2) shall handle the proceeds from leasing or selling the property in the following order.
(1) used to pay all expenses incurred in renting or selling the property (including expenses and remuneration paid to the receiver or agent);
(2) It is used to withhold all taxes owed by the Mortgagor and all expenses and miscellaneous expenses payable under this Contract (including insurance premium and expenses for repairing the house);
(3) It is used to deduct the loan owed by the mortgagor and the interest payable. After deducting the above money, if there is any balance, the mortgagee shall pay the balance to the mortgagor or other people who have the right to collect it. If the proceeds from the sale of the property are insufficient to repay all the money and interest owed by the mortgagor, the mortgagee has the right to recover from the mortgagor and/or guarantor.
8. The mortgagee shall not be liable for any loss beyond the control of the mortgagor when exercising his power and rights.
9. The mortgagee may issue repayment requirements or other requirements in writing, or issue notices required for mortgaged property, which can be mailed to the mortgagor's last residence or office address or left in the property. Such requirements or notices shall be deemed to be effective after 7 days after the letter is sent or left.
Article 12 Mortgagor's Statements and Warranties
The Mortgagor represents and warrants as follows:
1. The Mortgagor guarantees to repay the loan principal and interest on time as agreed in this Contract.
2. The Mortgagor agrees to open a deposit account with the Mortgagee and irrevocably authorizes the Mortgagee to pay the principal and interest of this mortgage loan and all related expenses.
Three. All information provided to the mortgagee is true and reliable, and there is no forgery or concealment of facts; Before the signing of this contract, the above mortgaged property was not mortgaged to any bank, company or individual.
Four, the damage to the mortgaged property, regardless of any reason, regardless of anyone's fault, shall be responsible for compensating the losses of the mortgagee.
5. Without the consent of the mortgagee, the mortgagor shall not sell, lease, transfer, mortgage, re-mortgage, pay off debts, give up or dispose of the mortgaged property in whole or in any way; If all or part of the mortgaged property is damaged, no matter what the reason or whose fault it is, the mortgagor shall take full responsibility and compensate the mortgagee for all the losses caused by it.
Six, the mortgagor to use property other than self-occupation, storage or lease to live with others, must inform the mortgagee in advance, and obtain the written consent of the mortgagee before proceeding; If the property is leased, the mortgagor must conclude a lease agreement with the lessee, which must stipulate that when the mortgagor breaches the contract, the lessee must move out within one month from the date when the mortgagee sends a letter.
7. Allow the mortgagee and its authorized person to enter the property for inspection at any reasonable time.
Eight, immediately notify the mortgagee of the change of address.
Nine, immediately pay all the repair costs of the property, and protect the property from seizure or other legal proceedings;
Ten, during the mortgage period, pay local taxes, any taxes and fees, management fees, water charges, electricity charges and all other miscellaneous fees levied by the relevant departments on the property; And abide by the provisions of the residents' convention and compensate the mortgagee for the losses caused by the mortgagor's failure to perform the above matters.
XI. When the mortgagee deems it necessary, he may purchase real estate insurance or mortgagor's life insurance from the insurance company designated by the mortgagee, and the insurance policy shall be subject to the mortgagee.
12. In case of any lawsuit, arbitration or court summons against the Mortgagor, guarantee to notify the Mortgagee in writing in time.
13. 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 guarantees that there is no objection to the transfer.
14. If the guarantor pays off all debts on behalf of the mortgagor according to the relevant provisions of this contract, the mortgagee shall transfer the rights and interests of the mortgaged property under the name of the mortgagor to the guarantor.
15. After the guarantor obtains the rights and interests of the mortgaged property, the mortgagor agrees that the guarantor can dispose of the mortgaged property in any way (including selling the property in the name of the mortgagor) to compensate the losses and all related expenses (including disposing of the mortgaged property) caused by the guarantor's repayment of debts on behalf of the mortgagor; If there is any shortage, the guarantor may claim compensation from the mortgagor, and the mortgagor promises to compensate the guarantor for all the shortage.
16. The mortgagor confirms that the guarantor has obtained the rights and interests of the mortgaged property and the legal status of disposing of the mortgaged property, and the mortgagor waives the right to claim compensation from the guarantor for all losses caused by disposing of the mortgaged property.
Seventeen, according to the reasonable requirements of the mortgagee, take all measures and sign all relevant documents to ensure the legitimate rights and interests of the mortgagee.
Article 13 Guarantor and Guarantor's Responsibility
I. Guarantor _ _ _ _, Address _ _, (Business License) _ _ _
Is the seller (i.e. the selling unit) of the real estate sales contract with mortgage rights under this contract, and is also the introducer and guarantor of the loan mortgagor under this contract, and undertakes the unconditional and irrevocable guarantee responsibilities as follows:
1. Guarantee amount: limited to the loan principal and interest under this contract and related litigation costs arising from this contract.
2. Guarantee period: from the effective date of this contract to the date when the mortgagor pays off the loan principal and interest and all expenses under this contract.
Second, the guarantor's responsibility:
1. The guarantor voluntarily assumes the guarantee responsibility for the loan under this contract.
2. If the mortgagor fails to fulfill the repayment obligation according to the agreement or notice of the mortgagee, or the mortgagee has any breach of contract, the mortgagee will notify the guarantor in writing to fulfill the guarantee obligation by double registered mail, and fulfill the guarantee obligation within 30 days from the date of sending the letter to pay off all the debts owed to the mortgagee on behalf of the mortgagee.
3. The Guarantor guarantees to complete the construction project of the mortgaged property on time and with good quality according to the responsibilities of the selling unit listed in the Mortgage Property Sales Contract, and the Mortgagee will not bear any responsibilities (including the mortgagor or any other person).
4. The guarantor agrees that the mortgagor will mortgage the rights and interests in the Property Purchase and Sales Contract to the mortgagee, and acknowledges that the mortgagee owns all the rights and interests of the mortgagor in the Property Purchase and Sales Contract before the mortgagor pays off all the loan principal and interest under the Contract, and guarantees that the rights and interests will not be infringed by anyone (including the guarantor).
5. The guarantor guarantees close cooperation with the mortgagee to ensure the smooth performance of the terms of this contract; Especially after the Notice of Occupancy (Building Receipt) is issued, we will try our best to assist in the relevant formalities of property mortgage to protect the interests of the mortgagee.
6. If the Guarantor obtains the Mortgaged Property Sales Contract or the mortgaged property under this contract after fulfilling the guarantee obligation, the Guarantor has the right to dispose of it in any fair or reasonable way to compensate the losses caused by paying off the principal and interest in arrears on behalf of the Mortgagor. If any dispute or loss is caused by the handling of collateral, it has nothing to do with the mortgagee.
7. The guarantor's guarantee responsibility here is independent and additional, and will not be replaced by the mortgagee's acquisition of the building or other mortgage rights and security interests from the mortgagor. As long as the Mortgagor breaches the contract, the Mortgagee can enforce the Guarantor's guarantee responsibilities under this Contract without recourse or disposal of the mortgaged property from the Mortgagor until he applies to the court for enforcement according to legal procedures.
Article 14 Liability of Mortgagee
Mortgagee, on the premise that the Mortgagor fully performs all the terms of this Contract and the Guarantor is willing to undertake the loan guarantee responsibility under this Contract:
1. According to the relevant provisions of the contract, provide the mortgagor with regular pledged loans on time, and the loans will be transferred to the account of the seller in the name of the mortgagor's house purchase price.
2. If the mortgagor has fully observed and fulfilled all the terms and conditions of this contract after paying off all the loan amount, interest and other payables (including the fees transferred to the mortgagor) agreed in this contract to the mortgagee, the mortgagee will transfer the owner's sales contract or real estate license of the mortgaged interest to the mortgagor, and at the same time release the guarantor from the guarantee responsibility.
3. If the mortgagor fails to perform the repayment obligation and the guarantor pays off all the debts, the mortgagee will transfer the rights and interests of the mortgaged property mortgaged by the mortgagor to the mortgagee to the guarantor, and the guarantor's handling of the mortgaged property has nothing to do with the mortgagee.
4. This contract is signed by all parties, and notarized by _ _ _ _ _ _ _ _ _ _ _ _
Article 15 Others
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 imposed by the mortgagee on the mortgagor's breach of contract or delay in performance of this contract shall not damage, affect or limit all rights and interests enjoyed by the mortgagee's creditors under this contract and relevant laws.
3. If the Mortgagor fails to perform any terms of this Contract, the Mortgagee can freely sell other properties deposited by the Mortgagor with the Mortgagee without prior notice to pay off the debts; If the mortgagor still has other funds in the mortgagee's place, the mortgagee may also retain the amount owed.
4. The rights stipulated in this contract can be exercised simultaneously, separately or cumulatively; The above rights and interests and compensation methods do not exclude other compensation methods stipulated by law.
5. The mortgagor, guarantor, mortgagee and notices and requirements related to this contract shall be made in written form. Once the telex and telegram are sent, the letter will be deemed to have been delivered to the other party after 7 days of mailing, and any letter delivered by a special person will be sent.
The mortgagee of intransitive verb may transfer the rights and interests of the mortgagee under this contract to others without the consent of the mortgagor and guarantor; However, without the written consent of the mortgagee, the mortgagor and the guarantor shall not transfer any repayment and other responsibilities or obligations under this contract to a third party; The successor or receiver of the Mortgagor or Guarantor shall continue to bear the repayment and other responsibilities under this Contract to the Mortgagee or the assignee of the Mortgagee.
7. The mortgagee mentioned in this contract also includes the mortgagee's heirs and assignees; The mortgagor also includes the heir of the mortgagor and the recipient with the consent of the mortgagee.
Eight. No matter whether this contract is legally invalid or some clauses are invalid for any reason, the mortgagor and guarantor shall still perform all repayment obligations. In case of the above situation, the mortgagee has the right to terminate this contract and immediately recover the arrears of loan principal and interest and other related funds from the guarantor and mortgagor.
Nine, the mortgagee to the mortgagor and guarantor to pay off the debts, only need to provide the number of debts issued by the mortgagee (except for obvious mistakes), that is, as evidence of the number of debts owed by the mortgagor and guarantor, the mortgagor and guarantor shall not object.
Article 16 Applicable Law and Dispute Resolution
1. This contract is concluded and protected by the laws of People's Republic of China (PRC).
2. In case of dispute, it shall be settled according to the following item (): (1) apply to the _ _ _ _ Arbitration Commission for arbitration; (2) to _ _ _ people's court.
3. If the mortgagor comes from abroad or Taiwan Province Province or is a local resident, the mortgagee has the right to enforce the rights granted by the mortgagor to the mortgagee in his place of origin or residence, and make recourse against the mortgagee, including arbitration, litigation and the enforcement of arbitration or litigation. If the Mortgagee decides to exercise the above rights and conduct recourse, arbitration and litigation in the above-mentioned areas, the Mortgagor and the Guarantor must simultaneously acknowledge that this contract is protected by the laws of this area and shall not raise any objection.
Article 17 Supplementary Provisions
1. This contract is signed by the representatives of the three parties and notarized by the _ _ _ _ Notary Office.
Two. After the Contract is notarized by the notary office of _ _ _ _ _ _, the date when the mortgagee lends money shall be the effective date of the Contract.
3. Schedules (1) and (2) of this contract and the Real Estate Sales Contract (Annex 3) signed by the mortgagor (i.e. the house owner) and the guarantor (i.e. the house selling unit) are integral parts of this contract.
4. This contract is written in Chinese in quadruplicate, all of which are equally authentic; The mortgagor, the mortgagee and the guarantor each hold one copy, and the notary office keeps one copy on file.
Article 18 Signature and seal
The parties to this contract have carefully read and agreed to abide by all the terms of this contract.
Signature: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Mortgagee: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Signed by: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Mortgagee: _ _ _ _ _ _ _ _ _ _ _ _
Signature of Representative: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Sponsor: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Signature of Representative: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Registered organization:
Mortgage registration number (_ _ _ _ _ _) Louhuazinuo. _ _ _
Mortgage registration date, _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _