Mortgage Contract Mortgagor (Party A) Address: Postal Code: Tel: Representative: Mortgagee (Party B) Address: Postal Code: Tel: Representative: Party A applies for a loan from Party B, and the borrower's name is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. Both parties agree through negotiation that Party B will provide the loan with the amount agreed by both parties, provided that Party A mortgages all its _ _ _ _ _ (hereinafter referred to as collateral) to Party B. During the loan period, Party A has the right to use the collateral, and Party B has the ownership of the collateral before Party A pays off the principal and interest of the loan. Therefore, this contract is specially concluded: Article 1 The loan content is 1. The total loan amount is RMB _ _ _. 2. Purpose of the loan: This loan can only be used for the needs of _ _ _ _ _, and shall not be used for other purposes or illegal activities. 3. Loan term: Under the above total loan amount, the loan can be audited by stages or by stages. Therefore, the amount and duration of each loan should be agreed by both parties. Starting from the second loan, there must be a new mortgage loan contract signed and sealed by both parties and their legal representatives. As an integral part of this contract, it has the same legal effect as this contract. The term of the first loan is _ _ months, that is, from _ _ _ _ to _ _ _. 4. Loan interest rate: The loan interest rate and interest-bearing method shall be implemented in accordance with the regulations of Bank of China. 5. Loan withdrawal: Whether each loan is withdrawn in one lump sum or by stages shall be decided by both parties. Party A shall notify Party B _ _ days in advance of each withdrawal, and it can only be used after it is reviewed and approved by Party B's credit department. The first loan is drawn in _ _ installments. 6. Repayment of the loan Party A guarantees to repay the loan principal and interest on schedule within the loan period stipulated in each contract. The source of funds for Party A to repay the loan is the company's production and operation and other income. If Party A requests to repay the loan from other channels, it must be approved by Party B. The final repayment date of the first loan is _ _ _ _ _. 7. If Party B agrees to Party A's delay in repayment of the loan, this contract will continue to be valid ... Article 2 Guarantees 1. Name of collateral: _ _ _ _. 2. Manufacturer: _ _ _ _. 3. Model: _ _ _ _. 4. Number of pieces: _ _ _ _. 5. Single piece: _ _ _ _. 6. Location: _. 7. Total invoice amount of collateral: _ _ _ _. 8. Mortgage term: years (or: from the effective date of this loan contract until Party A pays off all the loan principal and interest of Party B related to this contract). Article 3 Obligations of Party A and Party B (1) Obligations of Party B: 1. The mortgage deed certificate handed over by Party A shall be properly kept and shall not be lost or damaged. 2. After Party A pays off the loan when it is due, it shall hand over all the ownership certificates of the collateral to Party A.. (II) Obligations of Party A: 1. Party A shall voluntarily repay the loan principal and interest in strict accordance with the time stipulated in this contract. 2. Ensure that the collateral is not affected by Party A's bankruptcy, asset division and transfer during the mortgage period. If Party B finds that Party A's collateral violates this clause, Party B shall notify Party A to immediately correct or terminate the loan under this contract and recover all the loan principal and interest. 3. Party A shall reasonably use _ _ _ as collateral, and be responsible for the operation, repair and maintenance of the collateral and related taxes and fees. 4. If the collateral is damaged intentionally or negligently, Party A shall provide Party B with new collateral within 65,438+05 days. If Party A fails to provide new collateral or guarantee, Party B has the right to reduce the loan amount accordingly, or terminate this contract and recover the loan principal and interest. 5. Without Party B's consent, Party A shall not lease, sell, transfer, re-mortgage or otherwise dispose of the collateral ... 6. The collateral shall be insured by Party A with China People's Insurance Company _ _ Branch as the beneficiary, and the insurance policy shall be kept by Party B, and the insurance premium shall be borne by Party A. If the insured collateral suffers losses due to force majeure, Party B has the right to recover the loan principal and interest that the mortgagor should repay from the compensation of the insurance company. Article 4 Liability for breach of contract 1. If Party B fails to pay the loan as agreed in the contract due to its own responsibility, thus causing economic losses to Party A, Party B shall be liable for breach of contract. 2. If Party A fails to use the loan as stipulated in the loan contract, once found, Party B has the right to recover part or all of the loan in advance, and impose a penalty interest of% on the misappropriated loan based on the original loan interest rate. 3. If Party A fails to repay the principal and interest on schedule, or commits other breach of contract, Party B has the right to stop borrowing and ask Party A to repay the principal and interest of the loan in advance. Party B has the right to deduct it from the account opened by Party A in any bank, and add _ _% interest on overdue loans according to the loan interest rate from the due date. 4. If Party A fails to repay the principal and interest on schedule, Party B may also apply to the competent person for auction of collateral to offset the principal and interest of the loan. If the compensation is insufficient, Party B still has the right to recover from Party A until Party A pays off all the loan principal and interest of Party B. Other provisions in Article 5 1. Under any of the following circumstances, Party B has the right to stop issuing loans and immediately recover the loans already issued. (1) The information, statements and materials provided by Party A to Party B are untrue. (2) Party A is unable to pay the principal and interest of the loan to Party B after filing a lawsuit with a third party and losing the case and obtaining compensation. (3) The total assets of Party A are insufficient to pay its total liabilities. (4) Party A's guarantor violates or loses the conditions stipulated in this contract. 2. Party B has the right to inspect and supervise the use of the loan, and Party A shall provide relevant statements and materials to Party B. 3. If either Party A or Party B requests to change this contract or a clause in this contract, it shall notify the other party in writing in advance, and the clauses in this contract will remain valid until both parties reach an agreement. 4. Written materials related to this contract, such as loan application, loan voucher, payment and repayment plan, provided by Party A, are integral parts of this contract and have the same legal effect as this contract. Article 6 Expenses related to this contract and all expenses related to the appraisal, registration and certification of collateral shall be borne by Party A ... Article 7 Conditions for the entry into force of this contract (effective registration) Article 8 Settlement of disputes In the course of performance of this contract, both parties shall settle the disputes through consultation. If negotiation fails, both parties agree to submit it to Suzhou Arbitration Commission for arbitration (if both parties have not agreed on an arbitration institution in this contract and have not reached an arbitration agreement afterwards, they can submit it to the people. This contract is made in triplicate, one for each party and one for the notary office. Party A: official seal representative: signature Party B: official seal representative: date of signature

Are the loan contract and mortgage contract integrated?

A loan contract is different from a mortgage contract. A loan contract is a contract in which a lender provides a loan to a borrower, and the borrower repays the loan at maturity and pays interest; A mortgage contract is a supplement to a loan contract and is equivalent to a guarantee contract. The loan contract comes into effect and the mortgage contract is valid, but the mortgage contract is invalid, which does not mean that the loan contract is invalid.

Is the loan contract the same as the mortgage contract?

A loan contract is different from a mortgage contract. A loan contract is a contract in which a lender provides a loan to a borrower, and the borrower repays the loan at maturity and pays interest. A mortgage contract is a supplement to a loan contract and is equivalent to a guarantee contract. The loan contract comes into effect and the mortgage contract is valid. An invalid mortgage contract does not mean an invalid loan contract. According to the provisions of the Civil Law of People's Republic of China (PRC), a loan contract is that the borrower borrows money from the lender, repays the loan at maturity and pays interest.

legal ground

People's Republic of China (PRC) Civil Code

Article 667 A loan contract is a contract in which the borrower borrows money from the lender, repays the loan at maturity and pays interest.