Maximum guaranteed personal loan contract
() Agricultural Bank of China Gaobaoge StreetNo. ()
Borrower (full name):
Lender (full name): Agricultural Bank of China.
Guarantor (full name): (1)
(2)
(3)
In accordance with relevant national laws and regulations, the Contract is concluded through negotiation between both parties.
Article 1 When a borrower applies for a loan from a lender, the lender shall apply according to the borrower's funds.
Lenders can issue loans to borrowers by stages. The Guarantor voluntarily provides guarantee for the loan with the maximum balance not exceeding RMB (in words) handled by the Borrower at the Lender from (month) to (month). The above term only refers to the loan issuance time. The expiration date of the business within the agreed period of this contract shall not exceed the year, month and day. During this period and within the maximum balance, the borrower can recycle the loan amount instead of signing loan contracts one by one. The amount, term, interest rate, repayment method and loan purpose of each loan shall be subject to the loan voucher. The loan certificate is an integral part of this contract and has the same legal effect as this contract. Within the time limit and the maximum balance agreed in this contract, the lender does not need to go through the guarantee procedures one by one when issuing the loan.
Article 2 Loan interest rate
The loan interest rate is subject to the loan certificate. For example, it is the benchmark interest rate of RMB loans of the People's Bank of China.
For interest rate adjustment, if the loan term is within one year (including one year), it shall be calculated according to the execution interest rate agreed in the loan voucher.
Interest before the maturity date of the loan; If the loan term is more than one year, the following year after the benchmark interest rate is adjusted is 1.
From June 1 day, the lender will determine the floating interest rate according to the adjusted benchmark interest rate and loan voucher for the corresponding term and grade.
Determine the new loan execution interest rate without notifying the borrower and guarantor. Confirmation of loan voucher
The floating range of = [(The execution interest rate stipulated in the loan voucher/loan issuance date is the same as that stipulated by the People's Bank of China.
Grade RMB loan benchmark interest rate)-1] × 100%.
Article 3 If the following conditions are not met, the lender has the right not to release the loan under this contract:
(1) The borrower and the guarantor shall provide relevant documents, materials and vouchers as required by the lender.
Complete the relevant procedures.
(2) If the loan under this contract is secured by mortgage, relevant legal procedures such as registration and/or insurance.
It has been completed, and the guarantee and insurance are still valid.
(3) The Borrower and the Guarantor have no major adverse circumstances that affect the loan safety.
Article 4 Appropriation Methods
The lender will transfer the loan amount to the borrower's loan according to the time agreed in each loan voucher.
In my account (account number/bank card number).
Article 5 Repayment
1. The borrower and the lender may agree to repay the principal and interest of the loan in the following ways, specifically the repayment method of each loan.
The payment method shall be agreed by the borrower and the borrower in the loan certificate:
(1) Repay the loan with the principal, and repay the loan principal and interest in one lump sum at maturity.
(2) Pay interest on a monthly/quarterly basis and repay the principal when due. The interest settlement date is 20th at the end of each month/quarter. loan
People must settle interest on every interest settlement day. If the last repayment date of the loan principal is not on the interest settlement date, it is not.
Interest payable shall be paid together with the principal.
(3) If the loan is repaid in installments, it shall be repaid monthly/quarterly from the month/quarter after the loan is issued.
The repayment date is 20th at the end of each month/quarter. There are the following repayment methods, and the calculation formula is as follows:
A. repayment method of equal principal and interest: loan principal? Interest rate? (1+ interest rate) Number of loan periods
Number of loan periods (1+ interest rate)-1 repayment amount per period =
B. equal cost decreasing repayment method:
principal amount of credit
Repayment amount of each installment = ———+(loan principal-accumulated repaid principal amount) × interest rate loan installment.
(4) Other repayment methods:
2. The borrower shall deposit the full compensation into the borrower's account mentioned in Article 4 before the repayment date of each installment.
For the repayment of the current loan principal and interest, the lender can directly deduct the loan principal and interest from the account. account
If the domestic funds are insufficient to pay off the current loan principal and interest, the lender has the right to decide whether to allocate it. Lenders do not withdraw money.
If the loan is collected, the loan principal of this period is all overdue; If the lender collects the money, the insufficient part will be overdue.
Reason. During the performance of the Contract, the Borrower's request to change the designated repayment account must be approved by the Lender.
Article 6 Rights and obligations of the borrower
1. Obtain and use the loan according to the agreement in this contract.
2. Repay the principal and interest in full and on time.
3. According to the requirements of the lender, truthfully provide documents, materials and vouchers related to this loan.
4. When the domicile, mailing address, telephone number, work unit and income status change,
The Lender shall be informed in writing in time.
5. In case of any major unfavorable situation that may affect the safety of the loan, it shall immediately notify the lender in writing.
And implement the creditor's rights preservation measures recognized by the lender.
Article 7 Rights and Obligations of Lenders
1. Have the right to know and check the borrower's basic information, loan purpose, guarantor status and mortgage status.
The situation of collateral.
2. When the borrower has serious adverse conditions that may affect the loan safety, the lender may stop issuing loans.
Lend or recover loans in advance.
3. Recover or recover the loan principal, interest, default interest, compound interest and liquidated damages in advance according to the agreement in this Contract.
When the contract price, damages, attorney fees and other expenses for realizing the creditor's rights are paid, the lender may directly
Transfer money from any account of the borrower.
4. If the borrower fails to perform the repayment obligation or the guarantor fails to perform the guarantee obligation, the lender may borrow money.
Breach of contract by the payer or guarantor shall be publicly disclosed.
5. If the amount returned by the borrower is insufficient to pay off the payable amount under this contract, the lender may
Choose to use this money to repay the principal, interest, penalty interest, compound interest or expenses.
6. Lend the loan to the borrower in full and on time according to this contract.
Article 8 Repayment in advance
1. If the borrower repays the loan in advance, it shall obtain the consent of the lender; The Lender agrees to the Borrower's prepayment.
When repayment is made, interest will be charged for the prepayment in the following ways:
(1) Interest shall be calculated and charged according to the loan term agreed in this Contract and the agreed execution interest rate.
(2) According to the actual loan term, the interest rate agreed in this contract will rise by%.
Charge interest (in words).
2. Repay in advance, and the loan interest charged will not be adjusted.
3. If the principal and interest are repaid in installments in advance, the current loan principal and interest shall be returned first, and then other funds shall be returned.
If part of the loan is repaid in advance, the repayment amount and repayment period of the remaining loan shall be recalculated.
Article 9 Loan guarantee
The loan is guaranteed by the maximum amount (guarantee/mortgage/pledge).
1, maximum guarantee amount:
(1) The guarantee method is joint and several liability guarantee. If there are multiple guarantors under this contract, each guarantor shall
The person * * * is jointly and severally liable to the lender.
(2) The scope of guarantee includes loan principal, interest, compound interest, penalty interest, liquidated damages,
The lender's expenses such as damages and attorney's fees for realizing creditor's rights.
(3) For one-time repayment, the guarantee period is two years from the loan maturity date; Installment payment,
The guarantee period is two years from the repayment date of each installment. In case of any event stipulated by laws, regulations or agreed in this contract, which causes the Lender to announce the early maturity of the contract debt, the guarantee period shall be the debt determined by the Lender.
Two years from the early maturity date.
(4) If the guarantor fails to perform the guarantee responsibilities as agreed in this contract, the lender has the right to directly insure.
Transfer to any account of the witness;
(5) If the borrower provides property guarantee, the guarantor is willing to take precedence over all the guaranteed debts.
The property performs the guarantee responsibility.
(6) the guarantor has a major unfavorable situation that affects its guarantee ability, or the guarantor
If the domicile, mailing address, telephone number, work unit and income status change, it shall be established.
I.e. notify the lender in writing.
2. Maximum amount of mortgage guarantee:
(1) The Mortgagor agrees to use the following property (see the mortgage list number for details) as collateral for the loan under this contract, and the above list of collateral is an integral part of this contract.
Points.
(2) The above collateral is temporarily priced at RMB (in words) and has been mortgaged.
The final value of the property is based on the net income from the actual disposal of the mortgaged property when the mortgage is realized.
(3) The scope of guarantee includes loan principal, interest, compound interest, penalty interest, liquidated damages,
Damages, attorney's fees, expenses for mortgaged property, transfer fees and other expenses for the lender to realize the creditor's rights.
Use.
(4) The validity of mortgage right extends to collateral, accessory right, subrogation right, seizure right and mixed right.
Compounds, processed products and fruits.
(5) The mortgaged property has been occupied by the mortgagor. The mortgagor has the obligation to properly manage the collateral.
Accept the lender's supervision and inspection of the collateral at any time.
(6) Without the written consent of the lender, the mortgagor shall not give, transfer or lend the collateral.
Sale, lease or any other form of punishment. Transfer, lease or sell the collateral with the consent of the lender.
The proceeds shall be used to pay off the debts under the Contract in advance or to negotiate with the Lender and Mortgagor for the first time.
Three people deposit.
(7) If the collateral is damaged, lost or expropriated, the mortgagor shall take effective measures in time to prevent it.
If the loss increases, immediately notify the lender in writing; The insurance premium, compensation, compensation and other funds obtained by the Mortgagor shall be used to repay the debts under the Contract in priority. When the value of collateral decreases, the lender
Have the right to require the mortgagor to restore the value of the collateral or provide a guarantee recognized by the lender; Mortgagor refuses
If the guarantee is resumed or not provided, the lender may require the borrower to perform the debt or issue the loan in advance.
Mortgage loan.
(8) The mortgagor shall apply to the relevant registration authority for mortgage registration within 5 days after the signing of this contract.
Procedures, as well as the certificate of other rights of the collateral, the original mortgage registration documents and the certificate of other rights.
The certificate is kept by the lender.
(9) The mortgagor shall handle relevant insurance for the collateral according to the requirements of the lender, and appoint the lender as the guarantor.
The first beneficiary of property insurance, the original insurance policy shall be kept by the lender. Debt under this contract
Before payment, the mortgagor shall not suspend or cancel the above insurance for any reason. If the insurance is interrupted, the loan
The payer has the right to handle the insurance formalities on his behalf, and the relevant expenses shall be borne by the mortgagor. Due to the interruption or cancellation of insurance
All losses caused thereby shall be borne by the mortgagor. When an insurance accident happens to the collateral, the mortgagor shall immediately
Inform the lender and take effective measures to prevent the loss from expanding, and the insurance money obtained should be used for compensation first.
Repay the loan principal and interest and related expenses.
(10) If the performance period of the debt under this contract expires and the lender has not been paid off, the lender has the right to
Discount according to law or give priority to compensation with the price of auction or sale of collateral. The mortgagor is
If there are more than two people, the mortgagee has the right to dispose of any or all of the mortgagor's collateral when exercising the mortgage right.
3. Maximum amount of pledge guarantee:
(1) The pledger agrees to use the rights under the following certificate of rights (see section for details).
List of pledged bonds numbered) as the pledge of the loan under this contract.
Take an oath Pledge and its subordinate rights and the effect of fruits. The scope of guarantee includes this contract.
Principal, interest, default interest, compound interest, attorney's fees, pledge right disposal fees,
Transfer fee and all expenses for other lenders to realize creditor's rights. The list of pledge documents is an integral part of this contract.
Points.
(2) When the borrower fails to pay off the loan principal and interest at maturity:
1. If the pledge certificate has expired, the lender can directly offset the loan with the rights under the certificate.
Principal and interest. If the pledge certificate has not expired, the lender may require the pledgor to withdraw or repay in advance.
Procedures for paying off debts; If it is not withdrawn or paid in advance, the lender may not withdraw the unexpired pledge by itself.
The foreign currency deposit certificate of pledge certificate shall be calculated by converting the foreign exchange purchase price on the day of deposit into RMB. loan
When handling the rights under the pledge certificate, it is not necessary to provide the identity certificate, reserved seal and password of the pledger.
We can deal with it later.
2. For the unpaid interest payable, the lender shall compound interest according to the regulations of the People's Bank of China.
3. The remaining money after the lender pays off the loan under the pledge certificate shall be returned to the pledge.
People; If the loan is not repaid, the lender has the right to continue to recover from the borrower.
(3) The Pledger promises that:
1. There is no dispute over the rights under the pledge certificate;
2. If the time deposit certificate is pledged as automatic deposit, the pledgor shall bear it.
Promise to give up automatic transfer from the date of pledge. If the pledged certificate of deposit is an interest-bearing deposit, the pledge period will stop.
Stop interest calculation, and then pay interest according to normal procedures after the loan principal and interest are paid off, excluding compound interest;
3. If there are more than two pledge documents, the pledgee has the right to detain any or every one of them when exercising the pledge right.
Rights under the pledge certificate;
4. Agree to stop paying the rights under the pledge certificate;
5. The pledgor has obtained the consent of the pledgee owner under this contract.
(4) The title certificate under this contract shall be delivered by the pledgor on.
The right person. The pledgee shall properly keep the certificate of rights.
Article 10 Liability for breach of contract
1. The Lender fails to issue the loan to the Borrower in full and on time as agreed in this Contract, causing losses to the Borrower.
In case of loss, the borrower shall be paid according to the amount of breach of contract and the number of days of delay, and the amount of liquidated damages shall be calculated.
The calculation method of overdue loan interest in the same period is the same.
2. If the borrower fails to repay the loan principal within the time limit agreed in this contract, the lender shall be liable for the overdue loan.
From the overdue date, it will increase by% (in words) on the basis of the loan execution interest rate.
Calculate the penalty interest until the principal and interest are paid off. During the overdue period, in case of RMB of the People's Bank of China in the same period.
When the benchmark interest rate of the loan is raised, the penalty interest rate will be raised accordingly from the date when the benchmark interest rate is adjusted.
3. If the borrower fails to use the loan according to the purpose agreed in this contract, the lender shall accept the default part.
From the date of default use, it will increase by% on the basis of the loan execution interest rate (large amount).
Charge penalty interest until the principal and interest are paid off. During this period, in case of people from the People's Bank of China at the same time,
The benchmark interest rate of monetary loans is raised, and the penalty interest rate is raised accordingly from the date of adjustment of the benchmark interest rate.
4. For the unpaid interest payable, the lender shall compound interest according to the regulations of the People's Bank of China.
5. If the borrower violates the obligations under this contract, the lender has the right to require the borrower to correct the breach within a time limit.
Behavior, have the right to stop issuing loans, recover the loans already issued in advance or take other asset preservation measures, and have the right to announce that the loans under other loan contracts signed by the borrower and the lender will expire immediately.
6. If any guarantor of the loan under this contract violates the obligations under this contract, the lender has the right to
The borrower takes measures to stop issuing loans, recover loans already issued in advance or other asset preservation measures.
7. Due to the default of the borrower and the guarantor, the lender adopts litigation or arbitration to realize the creditor's rights.
The Borrower and the Guarantor shall bear the legal fees, travel expenses and other realized debts paid by the Lender.
The cost of rights.
8. If the mortgagor commits one of the following acts and causes economic losses to the lender, he shall make full compensation.
Remuneration:
(1) Conceal the existence, dispute, seizure, supervision, seizure and repeated mortgage of the collateral.
Mortgage, lease, tax arrears or project payment, etc.
(2) Dispose of the collateral without the written consent of the lender.
(3) Other acts that violate this Contract or affect the lender's realization of mortgage right.
Article 11 Fees: notarization fees, insurance fees and mortgage registration fees related to this contract.
Fees, appraisal fees, appraisal fees, transportation fees, storage fees, attorney fees and other expenses incurred by the lender to realize the creditor's rights.
All expenses shall be borne by the borrower.
Article 12 Settlement of disputes
Any dispute arising from the performance of this contract can be settled through negotiation by all parties, or by the following methods.
Solution type:
1, litigation. Under the jurisdiction of the people's court of the lender's domicile.
2. arbitration. Submit for arbitration according to its arbitration rules.
During the period of litigation or arbitration, the uncontroversial clauses in this contract shall still be performed.
Article 13 Other matters:
1. The term "expiration" or "expiration" in this Contract includes the agreement of the Lender according to this Contract.
Or the national laws and regulations stipulate that the debt under this contract expires in advance.
2. The guarantor shall take the initiative to know the debtor's operating conditions and the occurrence and performance of various businesses under this contract.
All right. Every loan voucher or related creditor's rights voucher incurred under this contract will not be delivered to the guarantor.
3. The major unfavorable conditions mentioned in this contract include but are not limited to the following: the borrower has completely or
Partial loss of repayment ability; Due to other reasons, the financial situation of the guarantor deteriorates or the guarantee ability drops obviously.
Decline; The reduction, damage, loss, requisition or ownership dispute of the collateral is enough to affect the loan.
The payer realizes the mortgage right.
Article 14 This contract shall come into effect as of the date of signature or seal by all parties.
Article 15 This contract is made in duplicate, with each party holding one copy.
Article 16 tips
The Lender has drawn the attention of the Borrower and the Guarantor to a comprehensive and accurate understanding of the printed terms of this Contract, and made corresponding explanations at the request of the Borrower and the Guarantor. Both parties to the contract have the same understanding of the meaning of this contract.
Borrower (signature) Lender (signature)
Name of identity document:
ID number:
Address: person in charge
Postal code: or authorized agent
Tel: Tel:
Legal representative or authorized agent of guarantor (signature) Legal representative or authorized agent of guarantor (signature)
Name of identity document: Name of identity document:
ID number: ID number:
Domicile: domicile:
Postal code:
Tel: Tel:
Guarantor (signature)
Legal representative or authorized agent
Name of identity document:
ID number:
Domicile:
Postal code:
Contact telephone number:
Date of signature: year month day.
Signing place: