In accordance with the Contract Law of People's Republic of China (PRC), Guarantee Law of People's Republic of China (PRC), Property Law of People's Republic of China (PRC), General Principles of Civil Law of People's Republic of China (PRC) and Measures for the Administration of Urban Real Estate Mortgage, and in line with the principles of equality, voluntariness, honesty and trustworthiness and consensus, all parties to this contract shall abide by their respective responsibilities.
Mortgage Contract Agreement Template 1 Party A (Lender) xx, ID number:
Party B (Borrower) xx Co., Ltd.
Legal Representative: xx
Party C (Pledger) xx, ID number:
Party D (guarantor) xx, ID number:
Due to the needs of normal production and operation, Party B now applies for a loan from Party A, and Party A agrees to grant the loan. In order to clarify the responsibilities and abide by the credit, Party A, Party B, Party C and Party D have entered into this contract through equal consultation in accordance with the provisions of relevant national laws and regulations, and hereby * * * jointly abide by it:
I. Loan Amount and Term
1. 1 Party A agrees to lend Party B RMB ten thousand Yuan only (in words: ten thousand Yuan only) for normal production and operation.
1.2 The term of the loan is one month, from the date of the month to the date of the month. When the loan term expires, Party B will unconditionally return the principal to Party A in one lump sum.
Second, the loan interest and payment methods
2. 1 Party B agrees to calculate the loan interest at the monthly interest rate of _ _ _%.
2.2 The loan interest shall be paid by Party B to Party A in one lump sum before.
Third, the guarantee clause.
3. 1 equity pledge guarantee clause:
3. 1. 1 Party C voluntarily provides pledge guarantee for Party B's loan behavior with all its equity in Party B's company (19.5% of the total equity of Party B's company) and its derivative income, and completes the equity pledge registration formalities within 7 days from the date of signing this contract. If Party B fails to repay the principal and interest on time as agreed in this contract, Party A has the right to apply to the people's court for auction and sale of the pledged equity, and receive compensation in priority.
3. 1.2 The liability scope of the equity pledge guarantee provided by Party C includes: the principal creditor's rights and interest, liquidated damages and expenses for realizing the pledge right (including but not limited to legal fees, travel expenses, lawyer's agency fees and lawyer's evidence collection fees) agreed in this contract.
3. 1.3 Party C guarantees that its act of providing equity pledge guarantee for Party B's debts does not violate the Articles of Association and relevant laws and regulations.
3.2 Joint guarantee
3.2. 1 Party D voluntarily provides joint and several guarantees for Party B's loan behavior. If Party B fails to repay the principal and interest on time as agreed in this contract, Party C is willing to bear joint and several liability for repayment, and this guarantee is irrevocable joint and several liability guarantee.
3.2.2 The liability scope of Party D's joint guarantee includes the principal creditor's rights and interest, liquidated damages and expenses for realizing the mortgage right (including but not limited to legal fees, travel expenses, lawyer's agency fees and lawyer's evidence collection fees) agreed in this contract.
3.2.3 The guarantee period of this joint guarantee is two years. If Party A fails to claim the guarantee responsibility from Party D within two years after the principal creditor's rights expire, Party D's guarantee responsibility shall be extinguished.
Four. Representations and warranties
4. 1 Party B hereby declares to Party A that:
(1) Party B has full capacity for civil conduct and has the right to sign and perform this contract.
(2) Party B's loan under this contract has been authorized by its board of directors or the corresponding highest authority, and it does not violate the laws, regulations, policies and articles of association applicable to Party B. ..
(3) Except as stated in the information provided to Party A, Party B has no unfinished litigation, arbitration and bankruptcy procedures.
(4) Party B has not concealed any of the following facts that have happened or will happen in the near future, which may cause Party A to refuse to grant the loan under this contract:
A. Major violations of discipline, laws or claims involving Party B or Party B's main leaders;
B. Unresolved litigation and arbitration events;
C. Liabilities or contingent liabilities undertaken by Party B (guarantees, mortgages and pledge guarantees provided to third parties, etc.);
D. Other circumstances that may affect Party B's solvency.
4.2 Party B hereby warrants to Party A that:
(1) Provide true and complete documents, statements, vouchers and other materials as required by Party A, and there are no major omissions in the above materials.
(2) Without the consent of Party A, part or all of the debts hereunder shall not be transferred to a third party.
Verb (abbreviation of verb) termination of contract and liability for breach of contract
5. 1 If Party C violates the agreement in Item 3. 1. 1 of this contract and fails to go through the registration procedures of equity pledge as agreed in this contract, Party A has the right to demand Party B to pay a penalty of 500,000 yuan and terminate this contract.
5.2 If Party B violates any statement and guarantee in Article 4 of this contract, Party A has the right to terminate this contract at any time.
5.3 If Party A fails to provide the loan according to the agreed date and amount, thus causing losses to Party B, it shall compensate for the losses.
5.4 If the loan term expires or this contract is terminated due to legal or agreed reasons, Party B shall pay the loan principal, interest and corresponding liquidated damages to Party A in one lump sum within 65,438+05 days from the date of expiration of the loan term or termination of this contract. In case of overdue payment, Party A has the right to collect 0.5% of the total loan amount as penalty per day.
Dispute settlement clause of intransitive verbs and others
6. 1 The conclusion, validity, interpretation, performance and dispute settlement of this contract shall be governed by the laws of People's Republic of China (PRC). During the performance of this contract, all disputes and disputes arising from or related to the performance of this contract can be settled by both parties through consultation. If negotiation fails, both parties may bring a lawsuit to the people's court where Party A is located (in case of hierarchical jurisdiction or exclusive jurisdiction, the legal provisions shall prevail).
6.2 This contract is made in quadruplicate, one for Party A, Party B, Party C and Party D respectively, with the same legal effect. This contract shall come into effect as of the date of signature (seal) by the four parties.
Party A:
Party B:
Party C:
Fang Ding:
Date of signature: year month day.
Mortgage Contract Agreement Template 2 Mortgage ContractNo.: _ _ _ _ _ _ (_ _ _ _ _)No. _ _ _ _ _ _ _.
Lender (Mortgagee) _ _ _ _ _ _ Bank
Borrower: _ _ _ _ _ _
Mortgagor: _ _ _ _ _ _
The Contract is signed by the Lender, the Borrower and the Mortgagor through consultation in accordance with relevant national laws, regulations and rules.
Article 1 Loan amount, type and purpose: the lender agrees to issue RMB loans (in words) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Article 2 Loan Term: The loan term of this contract is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Article 3 Loan interest rate: The loan interest rate under this contract is the monthly interest rate of _ _ _ _? . In case of adjustment of the benchmark loan interest rate of China People's Bank, and the loan term is less than one year (inclusive), the interest rate agreed in this contract will remain unchanged; If the loan term exceeds one year, the interest rate will be adjusted according to the interest rate policy of the People's Bank of China, and the lender will not notify the borrower and the mortgagor separately.
Article 4 Repayment method: The repayment method agreed in this contract is to pay _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ However, if the loan receipt specifically stipulates the repayment method of the current loan, the repayment method of the current loan shall conform to this agreement.
Article 5 The mortgagor voluntarily takes the property (see Annex 1 List of Mortgaged Goods) that he has the right to dispose of completely as collateral to provide mortgage guarantee for the creditor's rights under this Contract. At the same time, the special agreement is as follows:
(1) The scope of mortgage guarantee includes principal and interest (including default interest and compound interest, etc. ), liquidated damages and the cost of realizing creditor's rights. The expenses for realizing creditor's rights include lawyer's agency fees, dunning travel expenses and other reasonable expenses.
(2) The effectiveness of mortgage and the collateral, security right, fruits, compensation, insurance and other property rights of the mortgaged property. Where the mortgagee requests the mortgagor to take out insurance for the mortgaged property, the mortgagor shall take out full insurance for the mortgaged property. During the mortgage relationship, the lender is the first beneficiary of insurance. The mortgagor shall hand over the title certificate and insurance policy of the mortgaged property to the lender for safekeeping; The Mortgagor authorizes the Lender to handle all insurance claims on behalf of the Mortgagor, and confirms that if the Lender presents the terms of this contract to the insurance company or the third party, it indicates that the Lender has special agency rights; If the collateral suffers losses within the scope of insurance liability, the mortgagor shall repay the corresponding loan principal and interest in advance or entrust it to the lender for escrow. If the collateral is damaged, the validity of the mortgage right and the residual value of the collateral or the total value of the repaired collateral. When the value of collateral decreases, the borrower shall provide the lender with collateral or other effective guarantees equivalent to the reduced value within 30 days.
(3) If the lender transfers the creditor's rights according to law, the mortgagor shall still assume the mortgage guarantee responsibility with the collateral.
(4) The mortgagor shall handle the mortgage registration formalities, and the lender shall closely cooperate with the mortgagor to handle the mortgage registration formalities. Excerpt from the model essay of bank mortgage loan contract!
(V) The main contract of this contract is invalid, but the mortgage terms are still valid, and the mortgagor agrees to assume the guarantee responsibility for all the creditor's rights (rights) of the lender under the invalid main contract according to the relevant mortgage terms of this contract.
(VI) If the creditor's rights under this Contract are secured by others or other property, the mortgagor will still regard the total value of the collateral as the creditor's rights.
(7) Where the mortgaged property is sealed up or detained by the judicial organs or other preservation measures are taken, the mortgagor must promptly inform the mortgagee. If the mortgagor fails to inform in time, thus causing losses to the mortgagee, the mortgagor shall be fully liable for compensation.
Article 6 Extension of loan: If the borrower needs to extend the loan, he shall submit a written application to the lender before the loan expires. With the consent of the Lender and the Mortgagor, the Lender, the Borrower and the Mortgagor shall separately sign a deferred repayment agreement. The Mortgagor promises to continue to undertake the mortgage guarantee responsibility for the extended loan with the collateral involved in this contract, and the Borrower and the Mortgagor shall go through the corresponding mortgage registration procedures according to the extended repayment agreement, and the Lender shall cooperate. After the loan is extended, its interest rate shall be determined according to the current interest rate grade of the cumulative period.
Article 7 Liability for breach of contract
(a) the borrower's breach of contract and its liability for breach of contract:
1. If the loan principal (including extension) is not repaid on schedule, the default interest rate of ℅ will be charged at the agreed interest rate from the overdue date.
2. If the loan interest is not paid on schedule, compound interest will be calculated at the penalty interest rate.
3. If the loan is not used according to the purpose agreed in this contract, a penalty interest rate of _ _ _ _ _ ℅ will be added to the misappropriated loan during the misappropriation period. 4. The borrower's early repayment of the loan must be agreed by the lender; The Lender has the right to charge interest on the loan repaid by the Borrower in advance according to the term and interest rate agreed in this Contract, but with the consent of the Lender, it may charge interest according to the interest rate agreed in this Contract and the actual number of days.
5. In any of the following circumstances, the Lender has the right to stop the loan that has not been issued under this Contract, recover the unexpired loan in advance, and dispose of the collateral in advance to pay off the loan:
(1) fails to repay the loan principal and interest on schedule or fails to repay the loan principal and interest according to the repayment method specified in the loan receipt;
(2) Failing to use the loan for the agreed purpose;
(3) Not accepting or cooperating with the lender's inquiry or supervision on the loan usage;
(4) Failing to repay the lender's other loans or debts due from other financial institutions or third parties on schedule;
(5) The borrower, the legal representative of the borrower, shareholders, senior managers, etc. Participate in major gambling, drug abuse and other violations;
(6) property was robbed and other events;
(7) involving major adverse litigation;
(8) Being severely punished by an administrative organ;
(nine) due to poor management, suspend production or business;
(10) concealing the financial status and operating conditions of the enterprise or withdrawing funds (capital);
(1 1) Contracting, leasing, joint venture, merger, division, donation, shareholding system transformation or reduction of registered capital without the written consent of the lender;
(12) The name, legal representative, shareholders, domicile or business scope of the enterprise are changed without notifying the lender in writing one month in advance;
(13) Tax evasion, being ordered to suspend business for rectification or having its business license revoked (revoked);
(14) Other circumstances that seriously affect the repayment ability or lose credit occur.
(2) the lender's breach of contract and its liability for breach of contract.
If the lender fails to provide loans to the lender as agreed, it shall bear the following responsibilities to the borrower:
1. Pay liquidated damages to the borrower according to the default amount, overdue penalty interest rate and default days;
2. Compensate the borrower for direct losses (indirect losses and available benefits are not within the scope of compensation) that exceed the liquidated damages.
Article 8 Formation, effectiveness and dissolution of the contract: This contract shall be established as of the date of signature (seal) by all parties; Effective from the date of mortgage registration; If the Mortgagor fails to complete the mortgage registration formalities within 30 days from the date of the establishment of the Contract, the Lender has the right to terminate the Contract.
Article 9 Performance of the Contract
(1) The borrower shall open an account in a bank (institution), and when the lender transfers the loan into the account, it shall be deemed as having fulfilled the obligation to issue the loan.
(2) The lender may directly deduct the loan principal and interest from the borrower's account if it recovers the loan principal and interest due or in advance as agreed in this Contract.
Article 10 The borrower and the mortgagor agree that the lender shall input (inquire and disclose) the relevant information of the borrower and the mortgagor into the personal information basic database and related information system of the People's Bank of China according to the relevant regulations of the People's Bank of China and other financial management departments.
Article 11 Other agreed matters
_________
_________.
Article 12 Any dispute arising from this contract shall be under the jurisdiction of the people's court of the lender's domicile.
Article 13 Supplementary Provisions
(1) The loan receipt and the annexes to this contract are an integral part of this contract and have the same effect as this contract.
(II) The mortgage registration fee, insurance premium, appraisal fee, evaluation fee and notarization fee incurred under this contract shall be borne by the borrower or mortgagor.
(3) The Lender has asked the Borrower and the Mortgagor to have a comprehensive and accurate understanding of the terms of this Contract, and made special tips and full explanations to the Borrower and the Mortgagor in bold type of this Contract; The main terms of this contract have been fully negotiated before signing.
(IV) This contract is concluded in the format of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Lender (signature) _ _ _ _ _ _
Legal representative (signature) _ _ _ _ _ _
Authorized Agent (Signature) _ _ _ _ _ _
Signing place: _ _ _ _ _ _
Signing time: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Borrower (signature) _ _ _ _ _ _
Legal representative (signature) _ _ _ _ _ _
Authorized Agent (Signature) _ _ _ _ _ _
Signing place: _ _ _ _ _ _
Signing time: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Mortgagor (signature) _ _ _ _ _ _
Legal representative (signature) _ _ _ _ _ _
Authorized Agent (Signature) _ _ _ _ _ _
Signing place: _ _ _ _ _ _
Signing time: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
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