招商银行最高额抵押合同英文版The maximum mortgage contract
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最高额保证合同The maximum guarantee contract编号:XXXXXXXXXXX号No.XXXXXXXXXXX保证人:XXXGuarantor:XXX证件号码:XXXXXX 证件类型:身份证ID Card Number: XXXXXX住所地:XXXXXXXXXXXXXXX 邮编:XXXXXXDomicile:XXXXXXXXXXXXXXX Postal Code: XXXXXX电话: XXXXXX 传真:XXXXXXTel: XXXXXX Fax: XXXXXX债权人:XXXXXXX银行股份有限公司Creditor:Bank of China Limited XXXXXX Branch法定代表人/负责人:XXXLegal representative:XXX住所地:XXXXXXXXXXXXXXXXXXX 邮编:XXXXXXDomicile:XXXXXXXXXXXXXXXXXXX Postal Code:XXXXXX电话: XXX 传真:XXXTel: XXX Fax: XXX为了担保本合同第一条所述主合同项下债务的履行,保证人愿意向债权人提供保证。
双方经平等协商订立本合同。
除本合同另有约定外,本合同中的词语解释依据主合同确定。
For the gurantee of fulfilling the obligation of master contract in Article 1,the gurantor agrees to gurantee to the creditor.第一条主合同Article 1 Master Contract本合同之主合同为:债权人与债务人XXXXXXXX中英文幼儿园之间签署的编号为XXXXXXXXX号的《授信业务总协议》及依据该协议已经和将要签署的单项协议,及其修订或补充,其中约定其属于本合同项下之主合同。
The master contract is:The signed < General agreements on credit business> betwe en Creditor and debtor “XXXXXX XXXX Kindergarten”,including separate agreement,revised agreement,supplementary agreement.第二条主债权及其发生期间Article 2 Principal Claim and Duration除依法另行确定或约定发生期间外,在下列期间内主合同项下实际发生的债权,以及在本合同生效前债务人与债权人之间已经发生的债权,构成本合同之主债权:自本合同第一条所指《授信业务总协议》生效之日至该协议及其修订或补充所规定的业务合作期限届满之日。
THE MAXIMUM MORTGAGECONTRACTOctober 2012THE MAXIMUM MORTGAGE CONTRACTContract No.:Mortgagee: China Merchants Bank Co., Ltd. (hereinafter referred to as Party A)Primary Personnel in Charge:Mortgagor (legal person or other organization): (hereinafter referred to as Party B)Legal Representative/ Primary Personnel in Charge:Mortgagor (natural person):ID No.:Whereas1, The contract whose No. is signed by Party B(also as Credit Applicant) and Party A on (YMD)(hereafter referred as Credit Awarding Agreement), Party A is willing to provide to Party B line of credit(hereafter referred as “line of credit” )in (currency) in the amount of ( )(including other currency of the equivalent value) during the period of credit awarding (hereafter referred as “period of credit awarding” ) from (YMD) to (YMD), or2, The contract whose No. is signed by (hereafter referred as Credit Applicant) and Party A on (YMD)(hereafter referred as Credit Awarding Agreement), Party A is willing to provide to Credit Applicant line of credit(hereafter referred as “line of credit” ) in(currency) in the amount of ( )(including other currency of the equivalent value) during the period of credit awarding (hereafter referred as “period of credit awarding” ) from(YMD) to (YMD).Party B is willing to mortgage it’s property owned or disposable according to law, for the guarantee of repayment of debt to Party A in full and on time under Credit Awarding Agreement. Through verification, Party A agrees to accept Party B’s property owned or disposable according to law as mortgage. According to relevant laws and regulations, Party A and Party B enter into this contract with consensus, and both parties are willing to abide by following clauses.Art. 1 Mortgaged Property of Party B (additional list of mortgaged property may be attached to this contract)1.1 Name:1.2 Quantity or area:1.3 Location:1.4 Assessment of price and mortgage rate:1.5 Duration:1.6 Certification of ownership:Art. 2 Mortgage of Maximum Amount2.1 In period of credit awarding, Party A shall have the right to provide Party B(or Credit Applicant) loan or other credit awarding by several times; Party B(or Credit Applicant) shall have the right to reuse the revolving line of credit by category of line, but not applicable for the One-time line of credit. The amount, duration and concrete uses of per loan or other credit awarding can be stipulated by specific contracts.Both parties have no objection to that due date of specific business later than the due date of credit awarding period.2.2 Thus Party B shall bear the warranty liability within the stipulated range of mortgage security guarantee in article 3 of this contract; If Party A claims for the recourse in according with the provisions under Credit Awarding Agreement or other specific contracts before the maturity of credit. Party B (or Credit Applicant) shall bear the warranty liability with mortgage property as well.2.3 Bank credit business provided by Party A to Party B (or Credit Applicant) during the period of credit awarding, such as trade acceptance,establishment of a letter of credit (Including overriding letter of credit, the same below), L/G, letter of shipping guaranteeetc.. Even though external advances of Party A may not occurred before, but indeed happened after the maturity of credit. Party B shall bear the warranty liability within the stipulated range of mortgage security guarantee in Article 3 of this contract.2.4 For the renewal agreement or alteration of valid provision upon the duration, interest and amount of specific business during the performance of specific business under Credit Awarding Agreement, or the adjustment of interest rate on the basis of Credit Awarding Agreement and/or specific contracts during the mortgage guarantee period. Party B shall accept all this with no necessary to obtain the approval of Party B or notify Part B, and no effect to the mortgage guarantee responsibility of Party B stipulated by the contract as well.2.5 If Party A’s received documents in letter of credit operation under credit awarding agreement be found to have discrepancy through Party A’s audit , but credit applicant accepted with the discrepancy, Party B shall also assume the mortgage guarantee responsibility with mortgage property for principle and interest of credit in Party A’s external acceptance or payment. Party B shall not propose the defense, not because of accepting with the discrepancy but without the approval of Party B or notify Party B.2.6 The modification of L/C, L/G (or standby letter of credit), acceptance of usance letter of credit and extension of time for promised payment at maturity etc. Party B shall accept all this with no necessary to obtain the approval of Party B or notify Part B, and no effect to the mortgage guarantee responsibility of Party B stipulated by the contract aswell.Art. 3 Range of Mortgage Security Guarantee3.1 The security guarantee range of this contract is sum of loan within the line of credit provided to Party B according to stipulation of Credit Awarding Agreement and principal balance of other credit(maximum limit is (currency) in the amount of ). And interest, default interest, compound interest, penalty ,fees to realize mortgage right and other involved expenses included as well. Including but not limited to:3.1.1 The released balance of loan amount and corresponding interest, default interest, compound interest, penalty, fees to realize mortgage right and other involved expenses by Party A on the basis of specific contracts under Credit Awarding Agreement;3.1.2 The balance of advance principle ,interest, default interest, compound interest, penalty ,fees to realize mortgage right and other involved expenses ,which has been pay advanced for Party B in the cause of the performance of Party A’s obligation of payment of Commercial Draft, L/C,L/G and letter of shipping guarantee under Credit Awarding Agreement;3.1.3 The balance of principle of banking external payments ,interest, default interest, compound interest, penalty ,fees to realize mortgage right and other involved expenses entrusted by Party A within the business of trade financing under Credit AwardingAgreement;3.1.4 Party A’s account receivable creditor's rights transferred from Part B (or Credit Applicant), and corresponding overdue penalty (late fee) under factoring business. and/or the basic payment for purchase (basic purchasing funds) and relevant expenses of factoring paid by Party A to Party B(or Credit Applicant);3.1.5 After the establishment of a letter of credit interest requested by Party B (or Credit Applicant), Party A authorizes the branch of CMB bank to open the covering L/C for beneficiary. Balance of debt principle of import bill advance and shipping guarantee and expenses of default interest, compound interest, penalty and other involved for the opening of L/C, but also advance for the performance of the issuing bank’s rights under this L/C;□3.1.6 The original credit awarding agreement No. ( ) signed by and between Party A and Party B. The part of the unpaid balance in the specific business carried out under the original credit awarding agreement since the execution of this contract. (Tick the box in case the provision herein applies.);□3.1.7 The original contract No. ( ) /Date ( )/Name ( ) signed by and between Party A and Party B, and the unpaid balance in the specific business carried out under the aforesaid contract since the execution of this contract. (Tick the box in case the provision herein applies.);3.1.8 Expenses for the enforcement of Party A’s right of mortgage and recovery of the Party B’s(or Credit Applicant) debt(including but no limited to attorneys' fees,legal fees,advertising fees,delivery fee and travel expenses etc.).3.2 As for revolving line of credit, if the provided loan or other balance of credit exceeds the amount, Party B (or Credit Applicant) shall not bear the warranty liability for the part in excess of the amount, but liability for the loan not yet exceeds credit amount or other balance of credit and interest, default interest, compound interest, penalty and other involved expenses.Notwithstanding the foregoing, both parties clear and definite that: Even though the loan or other balance of credit exceeds the credit amount at a point in time during the credit awarding, but all kinds of balance of credit no yet exceed the sum of credit amount when Party A requires Party B to assume the warranty liability. Party B shall not to propose the defense with aforesaid provisions, but bear the warranty liability for all balance of credit and interest, default interest, compound interest, penalty and other relevant expenses etc.(subject to the clause of Art.3.1)Art. 4 Independence of the ContractThe contract is impendent and unconditional without the influence of Credit Awarding Agreement; nor any agreement/document signed between Party B(or Credit Applicant) and any person/organization; nor change due to cheat, reorganization, closing down, dismission, bankruptcy, audit, consolidation, separation, reform of a company ofParty B(or Credit Applicant); nor the tolerance, grace or postponement in performance of the creditor’s rights and interests Party A shall enjoy on the part of Party B(or Credit Applicant) under Credit Awarding Agreement. Otherwise mortgage or guarantor at the same time, thus Party A waives the sequence of mortgages, waives, alters or annuls other mortgage, alters, annuls the liability of guarantor, or Party A requires Party B to assume the warranty liability first. Party B shall assume the liability warranty for Party A in according with the provisions of this mortgage contract.Art. 5 Mortgage PeriodMortgage period means the period from the date of execution of this contract to expiration time of lawsuit of credit debt under Credit Awarding Agreement.Art. 6Custody and liability of mortgaged property and ownership certificate6.1 Within the period of mortgage, the mortgaged property shall be taken good care of by Party B or the agent entrusted by Party B, who is responsible for the repair and maintenance, and make sure that the mortgaged property is all preserved well, and subject himself to the supervision and inspection from Party B at any time.6.2 Within the period of mortgage, should any decreases happen owing to the action of Party B, Party A has the right to request Party B to stop the action and restore the value or provide another mortgaged property with the approval of Party A. Any expenses of restoration or set of another mortgaged property will be undertaken by party B.6.3 Party B shall provide to Party A the evidence documents and relevant materials of ownership of the mortgaged property on the date of the contract, and the original of Mortgage Registration Certificate shall be kept by Party B and taken good care of it. If due to improper storage the certificate of mortgaged property ownership supplied by Party B is lost, Party A shall be liable for the expenses of post-register.Art. 7 Registration of Mortgaged Property7.1Party B should cooperate readily with Party A to conduct mortgage registration at mortgage registration administration with this contract and relevant documents during the period of request of Party A.7.2 Party B shall corporate readily with Party A In good faith to carry out relevant procedures by aforesaid provisions. If fail to complete the relevant procedures because of Party B, Party B shall deal with party A so suffered losses assume liability to pay compensation.Art. 8 Insurance8.1 As per the requested risks of Party A, Party B shall give a full insurance upon his mortgaged property, and Party A shall be first beneficiary. The originals of insurance policy shall be kept by Party A. The insurance term shall be longer than the stipulated credit term under the Credit Awarding Agreement. If term of credit under the agreement is extended or credit debt has not paid off at the maturity of credit period, Party B shall agree on the renewal insurance for the mortgaged property. If the insured property turnsinto a loss, Party A shall have priority right in withdrawing the principal and interest and all other relevant expenses from insurance compensation under Credit Awarding Agreement, or consult with Party B to place the insurance compensation on the margin account (the account number of margin is the real opened account by Party B in Party A, or automatically generated number when deposit the insurance compensation into system of Party A, the same below). For Withdrawing relevant funds/payment of payable when loan, discounted bill,acceptance bill or L/C and L/G under Credit Awarding Agreement meet to the maturity date.8.2 If Party B fails to conduct an insurance or insurance term extending as art.8.1 stipulated, Party A shall have the right to deal with insurance term extending instead Party B, and the cost shall be taken on by party B.8.3 If Party B (or Credit Applicant) fails to repay all the loan payable under Credit Awarding Agreement as expiration of policy, Party B shall conduct insurance term extending upon mortgaged property. If Party B fails to conduct this, Party A shall have the right to deal with insurance term extending instead Party B, and the cost shall be taken on by party B.Art. 9 Limits of Disposition of Mortgaged Property9.1 Party A shall have no right to transfer the mortgaged property in the manner of sale, exchange, donate etc. during mortgage term under this contract. If Party B indeed needs to transfer the mortgaged property under this contract with compensation, it shallfulfill the following conditions:9.1.1 Shall through the written approval of Party A and inform the transferee that the transferred property is mortgaged; if Party B fails to inform the transferee of the fact or without the written approval of Party A, the transfer shall be null and void.9.1.2 If the proceeds expected from the transfer of the mortgaged property are evidently less than its value, which cannot compensate for credit amount and all other relevant expenses, Party A may demand that Party B provide an additional guaranty. if Party B fails to provide to additional guaranty, then may not transfer the mortgaged property;9.1.3 Party B shall add the proceeds expected from the transfer of the mortgaged property to the account designated by Party A directly, for the prepayment of principle and interest of credit debt and all other relevant expenses, or deposit relevant funds into the margin account of Party B opened in Party A. Such funds shall be deemed to be specialized and Party A’s possession, proceed as the guaranty of pledge of Party B (or Credit Applicant) ‘s debt under Credit Awarding Agreement since the date of entering into the margin account. Party B shall have no objection to this and willing to cooperate to conduct relevant procedures in coordinate with Party A’s requirement.After the full proceeds expected from the transfer of the mortgaged property has been added to the account designated by Party A, Party A may provide Party B help to conduct the cancellation of registration of mortgaged property and return the certificateof ownership back to Party B.9.2 Party B shall not to transfer, rent out,remortgage, or other improper ways to dispose the mortgaged property without the written approval of Party A under the contract.Art. 10 ExpensesBecause of matter involving notarization (Except compulsory notarization) or services relied on third-party, consigner pay the expenses. But both parties shall bear half of fees if both as consigners.If the national relevant policies etc. normative documents stipulated that the mortgagee shall undertake the mortgage registration fee, it shall be undertaken by mortgagee under this contract. Except otherwise provisions in normative documents or due to competent department of registration must be undertaken by mortgagor.Mortgaged property under this contract shall be estimated by Party B’s entrusted assessment agencies which with the approval of Party A. As a client, Party B shall bear the assessment fee.Art. 11 Alterations and AnnulmentEither party shall not modify, change or cancel the contract unilaterally without authorization. The contract may be modified or cancelled once the two parties reach consensus and conclude written agreement. The contract shall still be valid before thewritten agreement is concluded.Art. 12 Commitment for the division and merger of Party BIf the occurrence of division and merger etc. of party B within period of this contract, the organization after change shall wholly or respectively assume the obligation under this contract.Art. 13 If any of the following occurs, Party A shall have the right to dispose the mortgaged property according to law:13.1 One of the defaults stipulated in Article 10.1 Credit Awarding Agreement occurs to Party B (or Credit Applicant) , or the occurrence of defaults stipulated in specific contracts under Credit Awarding Agreement;13.2 One of the defaults stipulated in Article 10.2 and 10.3 of Credit Awarding Agreement occurs to Party B or other pledgor/ guarantor, or Party B defaults on stipulated liabilities in this contract;13.3 The occurrence of dead without a legal heir or donee, as Party B is a natural person;13.4 Heir/devisee abandon inheritance/legacy, refuse to implement the obligations of repayment of debt, as Party B is a natural person;13.5 The occurrence of closing down, deregistration or revocation of businesslicense,file for bankruptcy or dissolution etc., as Party B is a legal person or other organization;13.6 Other matters that endanger enough to the implementation of creditor’s rights under Credit Awarding Agreement.Art. 14 Responsibilities for Breach of Contract14.1 Violate the stipulation of Article 6 of this contract, decreases happen owing to the actions of neglectful in management and repair of Party B, or Party B’s actions endanger the mortgaged property directly. Party A has the right to request Party B to stop the action and restore the value or provide another mortgaged property with the approval of Party A. if Party B refuses to restore or provide, Party A shall have the right to dispose the mortgaged property in accordance with law ahead of time.14.2 Violate the stipulation of Article 9 of this contract, unauthorized disposition of mortgaged property shall be null and void; Party A has the right to request Party B to stop the injurious act to the mortgage rights of Party A and restore the value or provide another mortgaged property with the approval of Party A, or dispose the mortgaged property in accordance with law ahead of time.14.3 The concealment of condominium, dispute, letting, sealed off, detained, configured mortgage rights, regulated or prior legal priority existing of guarantee (including but not limited to Construction project priority upon mortgaged property, or Party B has no ownership or right of disposition upon mortgaged property, thus causinga loss to a Party A. Party B shall provide another mortgaged property as Party A’s requirements.14.4 If any of aforesaid default clause occurs and Party B fails to provide another mortgaged property as Party A’s requirements, then Party B shall bear penalty of __% of line of credit under Credit Awarding Agreement. thus causing a loss to a Party A,Party B shall also compensate for the whole economic losses.Art. 15 The collection of FruitsIf Party B fails to repay the loan, advances, other principle and interest of credit debt and all other involved expenses at the maturity of credit, due to Party A’s claim for right of mortgage cause the mortgaged property be sealed off or detained by the People’s Court according to law. Party A shall be entitled to collect the natural fruits severed from the mortgaged property and the legal fruits which Party B may collect from the mortgaged property since the date of being sealed off or detained.Art. 16 Enforcement of Mortgage Right16.1 If the occurrence of any single or multiple clauses in Article 13 or Article 14.1,14.2 of this contract, Party A shall have the right to choose one of the following ways for the enforcement of mortgage right:16.1.1 Two parties reach an agreement on the conversion of the mortgaged property or the auction or sale of the mortgaged property directly, if fail to reach an agreementwithin 15 days since the occurrence of any single or multiple clauses in art.13 or art.14.1,14.2 of this contract, Party A shall have the right to petition a People's Court for the auction or sale of the mortgaged property directly;16.1.2 Dispose the mortgaged property with stipulated method of dispute resolution under Credit Awarding Agreement according to legal procedure;16.1.3 Party A shall apply to a competent People's court for compulsory execution directly under the contract after the notarization of compulsory execution effect was completed by two parties;16.2 Party A shall have priority right in satisfying claim from the proceeds of disposition of the mortgaged property in aforesaid ways. If the proceeds from the conversion of the mortgaged property or the proceeds from the auction or sale thereof exceed the sum of every loan, advances or principle and interest of other credit debt and all other relevant expenses of Party B (or Credit Applicant) under Credit Awarding Agreement, the balance shall be returned to Party B; if the proceeds do not cover the claim, the difference shall be recourse by Party A.Art. 17 Lapse of Mortgage RightAfter Party B has clear off all the principle and interest of credit debt under Credit Awarding Agreement in full and on time at the maturity of credit period, the right of mortgage shall lapse automatically. The Certificate of Property rights of Party B and the policy of property insurance etc. retained by Party A Shall return to Party B.Art. 18Not deemed to be waiver of the rightThe tolerance, grace or postponement in performance of the rights and interests Party A shall enjoy during Credit Awarding Agreement toward any breach of agreement or delay on the part of Party B(or Credit Applicant) during the validity period of the contract shall not damage, influence or restrict all the rights and interests Party A shall enjoy as the creditor according to the relevant legal provisions, and shall not deemed to be waiver of the right to take action against the existing or future breach of contract.Art. 19 NoticeThe notice and requests etc. related to the agreement between Party A and Party B shall be sent in writing.If delivered by hand, the relevant documents shall be deemed to have been served on the addressee upon signing for receipt(In case the addressee refuses to receive the documents, such documents shall be deemed to have served on the date of refusal); If delivered by mail, shall be deemed to have been served seven day after sent out; f delivered by fax, shall be deemed to have been served on the fax machine receiving for receipt.Contact Address of Party A: ;Contact Address of Party B:Either party shall inform the other party in time in case of changing the contact address, otherwise it shall undertake all the possible losses incurred thereby.Art. 20 Transfer of creditor's rights or mortgage20.1When Party A transfers all the creditor’s rights to third party under credit awarding agreement, the right of maximum mortgage shall also transferred to the assignee, no matter whether the creditor’s rights to the maximum mortgage are confirmed.20.2 When Party A transfers part of the creditor’s rights, the right of mortgage transfers partly with it, as the creditor's rights to mortgage in this contract has been confirmed. Party A shall share the right of mortgage with the assignee (who has been transferred part of the creditor’s rights) by the creditor’s rights that have not yet to be transferred, according to the percentage of amount of the creditor’s rights. When Party A transfers part of the creditor’s rights, the Party A’s right of mortgage transfers partly with it and the maximum amount of Party A’s principal claim secured by original maximum mortgage increases correspondingly (mean the maximum amount of Party A’s principal claim secured by original maximum mortgage deduct the amount of transferred party of creditor’s rights) before the creditor's rights to mortgage in this contract confirmed. After the part of the principle creditor’s rights that have not yet to be transferred be confirmed. Party A shall share the right of mortgage with the assignee (who has been transferred part of the creditor’s rights) by the creditor’s rights that have not yet to be transferred, according to the percentage of amount of the creditor’srights.Art. 21 TermsThe terms in this contract have the same meanings with the stipulation in Credit Awarding Agreement, except the clearly dictates otherwise.Art. 22 Applicable Law and Dispute Resolution22.1 The conclusion, interpretation of the contract and dispute settlement shall be subject to the laws of the PRC.22.2 The disputes arising from the performance of the contract shall be settled according to the agreed resolution rules in Credit Awarding Agreement.Art. 23 EffectivenessThe contract shall take effect since the legal representatives/major personnel in charge of the two parties or their authorized agents sign (or affix seal) and affix the common seal/contract seal(if Party B is a natural person, thus the contract shall take effect since the legal representative/major personnel in charge or authorized agent of Party A/sign or seal and affix the common seal/contract seal and Party B’s sign) thereof, and shall become invalid automatically on the date of expiry of mortgage or the date on which Party B(or Credit Applicant) pays off all the debts it owes to Party A and all the other relevant expenses under Credit Awarding Agreement (the later of which shall apply).Art. 24 Other IssuesArt. 25 Supplementary ProvisionsThe contract comes in (copies), the two parties and hold one copy each, which shall have the same legal effect.Special tipsThe two parties have conducted sufficient consultation over all the provisions of the contract. The bank has proposed the other relevant parties to pay special attention to the relevant provisions on exemption or restriction of the responsibilities of the bank, the rights the bank enjoys unilaterally, and increase of he responsibility of other relevant parties, or restriction of the rights thereof, and obtain comprehensive and accurate understanding thereof. The bank shall give corresponding explanation to the aforesaid provisions at the request of other relevant parties. The contracting parties have obtained completely unanimous understanding of the provisions of the contract.Party A: (signature and seal)Legal representative of entrusted agent: (signature and seal)Mortgagor is a legal person or other organization, sign in this sectionParty B: (signature and seal) Legal representative of entrusted agent: (signature and seal)Mortgagor is a natural person, sign in this sectionParty B: (signature and seal)ID No.:Address:Date signed: (YMD)。
2024年最高额抵押担保合同(Maximum Mortgage Guarantee Contract in 2024)合同编号:023/MGC/2024本合同由以下双方(以下简称为“抵押人”和“债权人”)根据《XX国家法律》及相关法规的规定,对受合约规定约束的财产提供最高额抵押担保。
一、定义与解释1. “抵押人”指提供抵押担保的自然人或法人组织。
2. “债权人”指享有本合同项下债权的自然人或法人组织。
3. “最高额抵押担保”指在获得债权人同意的前提下,抵押人通过抵押方式,将该抵押物的最高额度作为债权的担保。
4. “抵押物”指根据债权人的要求,抵押人将其合法拥有的财产以抵押方式提供给债权人作为债权的担保。
二、最高额抵押担保范围1. 所有现有产品、设备、原材料、库存、动产及其他与债权相关的财产均列入最高额抵押担保范围。
2. 所有未来产生的产品、设备、原材料、库存、动产及其他与债权相关的财产亦自动包含在最高额抵押担保范围内。
三、抵押担保额度1. 债权方同意提供的最高额度为合同签署日的合同金额。
抵押人不得将债权方的最高担保额度用于其他债务。
2. 若抵押物价值增加或减少,其所担保债权的最高额度亦相应增加或减少。
3. 债权方与抵押人可以另行协商并签署补充协议,调整最高额度。
四、抵押物保管及使用1. 抵押物的保管由抵押人负责,并承担保护抵押物免受损害的责任。
2. 抵押物应在合同约定的地点、日期和时间进行检查,以确保其完好无损。
3. 抵押人需保障抵押物自合同生效日起没有任何其他抵押担保或任何形式的债务分配。
五、债务违约及适用法律1. 如抵押人未履行本合同约定的任何义务,债权人有权采取以下措施之一或多个措施:a) 请求抵押人履行义务;b) 请求抵押人支付违约金;c) 依法解除本合同,并通过法律途径要求抵押物的清偿。
2. 本合同受XX国家法律及相关法规管辖。
任何因本合同引起的争议应提交至合同签订地的相关法院裁决。
六、其他条款1. 本合同一式两份,双方各执一份,具有同等法律效力。
抵押合同英文翻译模板Mortgage Contract Template。
A mortgage contract is a legally binding agreement between a lender and a borrower that outlines the terms and conditions of a loan secured by a property. This document serves as a guide for both parties, ensuring that each understands their rights and responsibilities throughout the duration of the loan. In this article, we will discuss the key components of a mortgage contract and provide a template for creating your own.Key Components of a Mortgage Contract。
1. Parties Involved: The mortgage contract should clearly identify the parties involved, including the lender and the borrower. It should also include the legal names and contact information of both parties.2. Property Description: The contract should include a detailed description of the property being used as collateral for the loan. This may include the property's address, legal description, and any relevant details about the land or building.3. Loan Terms: The contract should outline the specific terms of the loan, including the loan amount, interest rate, and repayment schedule. It should also specify the duration of the loan and any penalties for late payments or early repayment.4. Conditions of the Loan: The contract should detail any conditions that must be met in order for the loan to be approved and maintained. This may include requirements for property insurance, property taxes, and maintenance of the property.5. Rights and Responsibilities: The contract should clearly outline the rights and responsibilities of both the lender and the borrower. This may include the lender's right to foreclose on the property in the event of default, as well as the borrower's responsibility to maintain the property and make timely payments.6. Default and Remedies: The contract should specify the conditions under which the loan will be considered in default, as well as the remedies available to the lender in the event of default. This may include the right to foreclose on the property and sell it to recoup the outstanding debt.7. Signatures: The contract should be signed and dated by both the lender and the borrower, as well as any other relevant parties, such as co-signers or guarantors.Mortgage Contract Template。
抵押合同英文模板This Mortgage Agreement (the "Agreement") is made and entered into on this ___ day of ____, 20__, by and between [MR./MRS. Borrower], with an address at [Borrower's Address] (the "Borrower"), and [MR./MRS. Lender], with an address at [Lender's Address] (the "Lender").WHEREAS, Borrower owns certain real property located at [Property Address] (the "Property"); andWHEREAS, Lender is willing to lend money to Borrower secured by a mortgage on the Property; andWHEREAS, Borrower agrees to provide Lender with a mortgage on the Property as security for the loan;NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:1. Loan Amount. Lender agrees to lend to Borrower the principal sum of [Loan Amount] (the "Loan Amount") at an interest rate of [Interest Rate] % per annum. The Loan Amount shall be due and payable in full on or before [Maturity Date].2. Mortgage Grant. Borrower hereby mortgages, grants, and conveys to Lender, with power of sale, the Property as security for the Loan Amount and all other amounts due under this Agreement.3. Insurance. Borrower agrees to maintain insurance coverage on the Property for the duration of this Agreement. Lender shall be named as the loss payee on any insurance policy.4. Taxes. Borrower agrees to pay all taxes and assessments levied against the Property during the term of this Agreement.5. Default. If Borrower fails to make any payment when due or otherwise breaches any provision of this Agreement, Lender shall have the right to declare the entire Loan Amount immediately due and payable, and may proceed with foreclosure on the Property.6. Costs. Borrower shall be responsible for all costs, expenses, and fees incurred by Lender in connection with the enforcement of this Agreement, including reasonable attorney's fees.7. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the state of [State].8. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements or understandings, whether written or oral.IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written._________________________ _________________________Borrower Lender[Signature] [Signature][Printed Name] [Printed Name]。
Mortgage Contract (Short Version)1. PartiesLender: [Lender's Name]Borrower: [Borrower's Name]2. Loan DetailsLoan Amount: [Loan Amount]Interest Rate: [Interest Rate]%Repayment: [Number of Payments] equal monthly installments of [Monthly Payment Amount], commencing on [First Payment Date].3. Security InterestThe Borrower grants the Lender a security interest in [Description of the Property or Asset Being Mortgaged] to secure the repayment of the Loan.4. Obligations of the BorrowerThe Borrower shall repay the Loan in full, including principal and interest, in accordance with the terms of this Contract.The Borrower shall maintain the mortgaged property in good condition and keep it insured against risks as required by the Lender.5. Obligations of the LenderThe Lender shall provide the Loan to the Borrower in accordance with the terms of this Contract.The Lender shall have the right to enforce its security interest in theevent of default by the Borrower.6. Default and EnforcementIf the Borrower defaults in the repayment of the Loan or breaches any other term of this Contract, the Lender shall have the right to enforce its security interest and take any other actions permitted by law to recover the Loan.7. MiscellaneousThis Contract shall be governed by the laws of [Applicable Jurisdiction].Any dispute arising from or relating to this Contract shall be resolved through [Dispute Resolution Mechanism, e.g., arbitration or litigation].8. SignatureLender: ______________________________Date: ______________________________Borrower: ______________________________Date: ______________________________。
最高额抵押借款合同范本(常用版)The latest model of maximum mortgage loan contract (common version)甲方:___________________________乙方:___________________________签订日期:____ 年 ____ 月 ____ 日合同编号:XX-2020-01最高额抵押借款合同范本(常用版)前言:本文档根据题材书写内容要求展开,具有实践指导意义,适用于组织或个人。
便于学习和使用,本文档下载后内容可按需编辑修改及打印。
贷款方(抵押权人):__________借款方(抵押人):__________借款方为取得借款,贷款方为确保贷款安全,经借贷双方协商同意,特签订本财产抵押契约。
双方在共同遵守国家法律和信贷政策的前提下,保证恪守下列条款:第一条借款方自愿以本单位所拥有的财产作为贷款抵押物抵押给贷款方:包括固定资产_______元,可封存的流动资产______元,其他_______元(详见抵押物清单),评估现值共计_______万元。
抵押期限最长不超过一年,即从________年____月____日起,至________年____月____日止。
贷款方根据抵押率不得超过现值的70%的规定,同意以借款方提供抵押物为条件,核定借款方最高贷款额度_______万元。
在这个额度内,可以一次申请贷款,也可分次申请借款,在抵押期限内,贷款归还后可以申请贷款,但借款期不得超过抵押期。
第二条抵押期间借款方可继续使用、保管抵押物,并负责保养、维修,其费用开支由借款方负担。
由借款方保管(使用或封存)的抵押物,未经贷款方同意,借款方不得变卖、转移、租借或另行抵押。
在抵押期间,借款方保管使用的抵押物如有损坏、损失或变质,由借款方负责,并在十日内通知贷款方,由借款方另行提供其他等值的财产作为抵押物,或由贷款方核减相应的贷款额。
全版抵押房产偿还债务协议英文版Full Version Mortgage Property Repayment AgreementThis document sets out the terms and conditions for the repayment of debt secured by a mortgage on a property. The parties involved in this agreement are the debtor, the creditor, and any other relevant parties.Parties Involved1. Debtor: The individual or entity who owes the debt and has agreed to secure it with a mortgage on a property.2. Creditor: The individual or entity who is owed the debt and has agreed to accept the property as security.Terms and Conditions1. Repayment Schedule: The debtor agrees to repay the debt according to a specified schedule, which includes the amount to be paid and the due dates.2. Interest Rate: The parties agree on an interest rate to be applied to the outstanding balance of the debt. This rate is fixed or variable, as agreed upon.3. Default: In the event of default by the debtor, the creditor has the right to take possession of the property and sell it to recover the outstanding debt.4. Insurance: The debtor agrees to maintain adequate insurance coverage on the property to protect the creditor's interest.5. Property Maintenance: The debtor agrees to keep the property in good condition and make any necessary repairs to preserve its value.SignaturesBoth parties acknowledge that they have read and understood the terms and conditions of this agreement and agree to be bound by them. This document is signed by both parties in the presence of witnesses.ConclusionThis Full Version Mortgage Property Repayment Agreement serves to protect the interests of both the debtor and the creditor in the repayment of debt secured by a mortgage on a property. It outlines therights and obligations of each party and provides a clear framework for the repayment process.。
抵押合同书封面英文回答:Mortgage Agreement Contract Cover。
A mortgage agreement contract cover is a document that provides information about the terms and conditions of a mortgage loan. This document typically includes the following information:The names of the borrower and lender。
The amount of the loan。
The interest rate。
The loan term。
The monthly payment amount。
The property address。
The抵押担保。
The mortgage agreement contract cover is an important document that borrowers should carefully review before signing. This document outlines the legal obligations of both the borrower and the lender, and it is important to understand these obligations before entering into a mortgage loan agreement.In addition to the information listed above, the mortgage agreement contract cover may also include other important information, such as:The prepayment penalty。
抵押合同英文模板Mortgage Contract Template。
This Mortgage Contract (the "Contract") is entered into on [Date], by and between [Lender's Name], with a principal place of business at [Address] (the "Lender"), and [Borrower's Name], with a principal place of residence at [Address] (the "Borrower").1. Loan Amount and Terms。
The Lender agrees to lend the Borrower the principal amount of [Loan Amount] (the "Loan") at an interest rate of [Interest Rate]%. The Loan shall be repaid in [Number of Payments] equal monthly installments of [Monthly Payment Amount] each, commencing on [First Payment Date], and continuing on the same day of each month thereafter until the Loan is fully repaid.2. Security Interest。
As security for the repayment of the Loan, the Borrower hereby grants to the Lender a security interest in the following property: [Description of Property], located at [Address] (the "Property"). The Borrower represents and warrants that they have good and marketable title to the Property and that there are no existing liens or encumbrances on the Property.3. Insurance。
THE MAXIMUM MORTGAGECONTRACTOctober 2012THE MAXIMUM MORTGAGE CONTRACTContract No.: Mortgagee: China Merchants Bank Co., Ltd. (hereinafter referred to as Party A)Primary Personnel in Charge:Mortgagor (legal person or other organization):(hereinafter referred to as Party B)Legal Representative/ Primary Personnel in Charge:Mortgagor (natural person):ID No.:Whereas1, The contract whose No. is signed by Party B(also as Credit Applicant) and Party A on (YMD)(hereafter referred as Credit Awarding Agreement), Party A is willing to provide to Party B line of credit(hereafter referred as “line of credit” )in (currency) in the amount of ( )(including other currency of the equivalent value) during the period of credit awarding (hereafter referred as “period of credit awarding” )from (YMD) to (YMD), or2, The contract whose No. is signed by (hereafter referred as Credit Applicant) and Party A on (YMD)(hereafter referred as Credit Awarding Agreement ), Party A is willing to provide to Credit Applicant line of credit(hereafter referred as “line of credit” ) in(currency) in the amount of ( )(including other currency of the equivalent value) during the period of credit awarding (hereafter referred as “period of credit awarding” ) from (YMD) to (YMD).Party B is willing to mortgage it’s property owned or disposable according to law, for the guarantee of repayment of debt to Party A in full and on time under Credit Awarding Agreement. Through verification, Party A agrees to accept Party B’s property owned or disposable according to law as mortgage. According to relevant laws and regulations, Party A and Party B enter into this contract with consensus, and both parties are willing to abide by following clauses.Art. 1 Mortgaged Property of Party B (additional list of mortgaged property may be attached to this contract)1.1 Name:1.2 Quantity or area:1.3 Location:1.4 Assessment of price and mortgage rate:1.5 Duration:1.6 Certification of ownership:Art. 2 Mortgage of Maximum Amount2.1 In period of credit awarding, Party A shall have the right to provide Party B(or Credit Applicant) loan or other credit awarding by several times; Party B(or Credit Applicant) shall have the right to reuse the revolving line of credit by category of line, but not applicable for the One-time line of credit. The amount, duration and concrete uses of per loan or other credit awarding can be stipulated by specific contracts.Both parties have no objection to that due date of specific business later than the due date of credit awarding period.2.2 Thus Party B shall bear the warranty liability within the stipulated range of mortgage security guarantee in article 3 of this contract; If Party A claims for the recourse in according with the provisions under Credit Awarding Agreement or other specific contracts before the maturity of credit. Party B (or Credit Applicant) shall bear the warranty liability with mortgage property as well.2.3 Bank credit business provided by Party A to Party B (or Credit Applicant) during the period of credit awarding, such as trade acceptance, establishment of a letter of credit (Including overriding letter of credit, the same below), L/G, letter of shipping guarantee etc.. Even though external advances of Party A may not occurred before, but indeed happened after the maturity of credit. Party B shall bear the warranty liability within the stipulated range of mortgage security guarantee in Article 3 of this contract.2.4 For the renewal agreement or alteration of valid provision upon the duration, interest and amount of specific business during the performance of specific business under Credit Awarding Agreement, or the adjustment of interest rate on the basis of Credit Awarding Agreement and/or specific contracts during the mortgage guarantee period. Party B shall accept all this with no necessary to obtain the approval of Party B or notify Part B, and no effect to the mortgage guarantee responsibility of Party B stipulated by the contract as well.2.5 If Party A’s received documents in letter of credit operation under credit awarding agreement be found to have discrepancy through Party A’s audit , but credit applicant accepted with the discrepancy, Party B shall also assume the mortgage guarantee responsibility with mortgage property for principle and interest of credit in Party A’s external acceptance or payment. Party B shall not propose the defense, not because of accepting with the discrepancy but without the approval of Party B or notify Party B.2.6 The modification of L/C, L/G (or standby letter of credit), acceptance of usance letter of credit and extension of time for promised payment at maturity etc. Party B shall accept all this with no necessary to obtain the approval of Party B or notify Part B, and no effect to the mortgage guarantee responsibility of Party B stipulated by the contract as well.Art. 3 Range of Mortgage Security Guarantee3.1 The security guarantee range of this contract is sum of loan within the line of credit provided to Party B according to stipulation of Credit Awarding Agreement and principal balance of other credit(maximum limit is (currency) in the amount of ). And interest, default interest, compound interest, penalty ,fees to realize mortgage right and other involved expenses included as well. Including but not limited to:3.1.1 The released balance of loan amount and corresponding interest, default interest, compound interest, penalty, fees to realize mortgage right and other involved expenses by Party A on the basis of specific contracts under Credit Awarding Agreement;3.1.2 The balance of advance principle ,interest, default interest, compound interest, penalty ,fees to realize mortgage right and other involved expenses ,which has been pay advanced for Party B in the cause of the performance of Party A’s obligation of payment of Commercial Draft, L/C,L/G and letter of shipping guarantee under Credit Awarding Agreement;3.1.3 The balance of principle of banking external payments ,interest,default interest, compound interest, penalty ,fees to realize mortgage right and other involved expenses entrusted by Party A within the business of trade financing under Credit Awarding Agreement;3.1.4 Party A’s account receivable creditor's rights transferred from Part B (or Credit Applicant), and corresponding overdue penalty (late fee) under factoring business. and/or the basic payment for purchase (basic purchasing funds) and relevant expenses of factoring paid by Party A to Party B(or Credit Applicant);3.1.5 After the establishment of a letter of credit interest requested by Party B (or Credit Applicant), Party A authorizes the branch of CMB bank to open the covering L/C for beneficiary. Balance of debt principle of import bill advance and shipping guarantee and expenses of default interest, compound interest, penalty and other involved for the opening of L/C, but also advance for the performance of the issuing bank’s rights under this L/C;□3.1.6 The original credit awarding agreement No. ( ) signed by and between Party A and Party B. The part of the unpaid balance in the specific business carried out under the original credit awarding agreement since the execution of this contract. (Tick the box in case the provision herein applies.);□3.1.7 The original contract No. ( ) /Date ( )/Name ( ) signed by and between Party A and Party B, and the unpaid balance in the specific business carried out under the aforesaid contract since the execution of this contract. (Tick the box in case the provision herein applies.);3.1.8 Expenses for the enforcement of Party A’s right of mortgage and recovery of the Party B’s(or Credit Applicant) debt(including but no limited to attorneys' fees,legal fees,advertising fees,delivery fee and travel expenses etc.).3.2 As for revolving line of credit, if the provided loan or other balance of credit exceeds the amount, Party B (or Credit Applicant) shall not bear the warranty liability for the part in excess of the amount, but liability for the loan not yet exceeds credit amount or other balance of credit and interest, default interest, compound interest, penalty and other involved expenses.Notwithstanding the foregoing, both parties clear and definite that: Even though the loan or other balance of credit exceeds the credit amount at a point in time during the credit awarding, but all kinds ofbalance of credit no yet exceed the sum of credit amount when Party A requires Party B to assume the warranty liability. Party B shall not to propose the defense with aforesaid provisions, but bear the warranty liability for all balance of credit and interest, default interest, compound interest, penalty and other relevant expenses etc.(subject to the clause of Art.3.1)Art. 4 Independence of the ContractThe contract is impendent and unconditional without the influence of Credit Awarding Agreement; nor any agreement/document signed between Party B(or Credit Applicant) and any person/organization; nor change due to cheat, reorganization, closing down, dismission, bankruptcy, audit, consolidation, separation, reform of a company of Party B(or Credit Applicant); nor the tolerance, grace or postponement in performance of the creditor’s rights and interests Party A shall enjoy on the part of Party B(or Credit Applicant) under Credit Awarding Agreement. Otherwise mortgage or guarantor at the same time, thus Party A waives the sequence of mortgages, waives, alters or annuls other mortgage, alters, annuls the liability of guarantor, or Party A requires Party B to assume the warranty liability first. Party B shall assume the liability warranty for Party A in according with the provisions of this mortgage contract.Art. 5 Mortgage PeriodMortgage period means the period from the date of execution of this contract to expiration time of lawsuit of credit debt under Credit Awarding Agreement.Art. 6Custody and liability of mortgaged property and ownership certificate6.1 Within the period of mortgage, the mortgaged property shall be taken good care of by Party B or the agent entrusted by Party B, who is responsible for the repair and maintenance, and make sure that the mortgaged property is all preserved well, and subject himself to the supervision and inspection from Party B at any time.6.2 Within the period of mortgage, should any decreases happen owing to the action of Party B, Party A has the right to request Party B to stop the action and restore the value or provide another mortgaged property with the approval of Party A. Any expenses of restoration or set of another mortgaged property will be undertaken by party B.6.3 Party B shall provide to Party A the evidence documents and relevant materials of ownership of the mortgaged property on the date of the contract, and the original of Mortgage Registration Certificate shall be kept by Party B and taken good care of it. If due to improper storage the certificate of mortgaged property ownership supplied by Party B is lost, Party A shall be liable for the expenses of post-register.Art. 7 Registration of Mortgaged Property7.1Party B should cooperate readily with Party A to conduct mortgage registration at mortgage registration administration with this contract and relevant documents during the period of request of Party A.7.2 Party B shall corporate readily with Party A In good faith to carry out relevant procedures by aforesaid provisions. If fail to complete the relevant procedures because of Party B, Party B shall deal with party A so suffered losses assume liability to pay compensation.Art. 8 Insurance8.1 As per the requested risks of Party A, Party B shall give a full insurance upon his mortgaged property, and Party A shall be first beneficiary. The originals of insurance policy shall be kept by Party A. The insurance term shall be longer than the stipulated credit term under the Credit Awarding Agreement. If term of credit under the agreement is extended or credit debt has not paid off at the maturity of credit period, Party B shall agree on the renewal insurance for the mortgaged property. If the insured property turns into a loss, Party A shall have priority right in withdrawing the principal and interest and all other relevant expenses from insurance compensation under Credit Awarding Agreement, or consult with Party B to place the insurance compensation on the margin account (the account number of margin is the real opened account by Party B in Party A, or automatically generated number when deposit the insurance compensation into system of Party A, the same below). For Withdrawing relevant funds/payment of payable when loan, discounted bill, acceptance bill or L/C and L/G under Credit Awarding Agreement meet to the maturity date.8.2 If Party B fails to conduct an insurance or insurance term extending as art.8.1 stipulated, Party A shall have the right to deal with insurance term extending instead Party B, and the cost shall be taken on by party B.8.3 If Party B (or Credit Applicant) fails to repay all the loan payable under Credit Awarding Agreement as expiration of policy, Party B shall conduct insurance term extending upon mortgaged property. If Party B fails to conductthis, Party A shall have the right to deal with insurance term extending instead Party B, and the cost shall be taken on by party B.Art. 9 Limits of Disposition of Mortgaged Property9.1 Party A shall have no right to transfer the mortgaged property in the manner of sale, exchange, donate etc. during mortgage term under this contract. If Party B indeed needs to transfer the mortgaged property under this contract with compensation, it shall fulfill the following conditions:9.1.1 Shall through the written approval of Party A and inform the transferee that the transferred property is mortgaged; if Party B fails to inform the transferee of the fact or without the written approval of Party A, the transfer shall be null and void.9.1.2 If the proceeds expected from the transfer of the mortgaged property are evidently less than its value, which cannot compensate for credit amount and all other relevant expenses, Party A may demand that Party B provide an additional guaranty. if Party B fails to provide to additional guaranty, then may not transfer the mortgaged property;9.1.3 Party B shall add the proceeds expected from the transfer of the mortgaged property to the account designated by Party A directly, for the prepayment of principle and interest of credit debt and all other relevant expenses, or deposit relevant funds into the margin account of Party B opened in Party A. Such funds shall be deemed to be specialized and Party A’s possession, proceed as the guaranty of pledge of Party B (or Credit Applicant) ‘s debt under Credit Awarding Agreement since the date of entering into the margin account. Party B shall have no objection to this and willing to cooperate to conduct relevant procedures in coordinate with Party A’s requirement.After the full proceeds expected from the transfer of the mortgaged property has been added to the account designated by Party A, Party A may provide Party B help to conduct the cancellation of registration of mortgaged property and return the certificate of ownership back to Party B.9.2 Party B shall not to transfer, rent out,remortgage, or other improper ways to dispose the mortgaged property without the written approval of Party A under the contract.Art. 10 ExpensesBecause of matter involving notarization (Except compulsory notarization) or services relied on third-party, consigner pay the expenses. But both parties shall bear half of fees if both as consigners.If the national relevant policies etc. normative documents stipulated that the mortgagee shall undertake the mortgage registration fee, it shall be undertaken by mortgagee under this contract. Except otherwise provisions in normative documents or due to competent department of registration must be undertaken by mortgagor.Mortgaged property under this contract shall be estimated by Party B’s entrusted assessment agencies which with the approval of Party A. As a client, Party B shall bear the assessment fee.Art. 11 Alterations and AnnulmentEither party shall not modify, change or cancel the contract unilaterally without authorization. The contract may be modified or cancelled once the two parties reach consensus and conclude written agreement. The contract shall still be valid before the written agreement is concluded.Art. 12 Commitment for the division and merger of Party BIf the occurrence of division and merger etc. of party B within period of this contract, the organization after change shall wholly or respectively assume the obligation under this contract.Art. 13 If any of the following occurs, Party A shall have the right to dispose the mortgaged property according to law:13.1 One of the defaults stipulated in Article 10.1 Credit Awarding Agreement occurs to Party B (or Credit Applicant) , or the occurrence of defaults stipulated in specific contracts under Credit Awarding Agreement;13.2 One of the defaults stipulated in Article 10.2 and 10.3 of Credit Awarding Agreement occurs to Party B or other pledgor/ guarantor, or Party B defaults on stipulated liabilities in this contract;13.3 The occurrence of dead without a legal heir or donee, as Party B is a natural person;13.4 Heir/devisee abandon inheritance/legacy, refuse to implement the obligations of repayment of debt, as Party B is a natural person;13.5 The occurrence of closing down, deregistration or revocation ofbusiness license,file for bankruptcy or dissolution etc., as Party B is a legal person or other organization;13.6 Other matters that endanger enough to the implementation of creditor’s rights under Credit Awarding Agreement.Art. 14 Responsibilities for Breach of Contract14.1 Violate the stipulation of Article 6 of this contract, decreases happen owing to the actions of neglectful in management and repair of Party B, or Party B’s actions endanger the mortgaged property directly. Party A has the right to request Party B to stop the action and restore the value or provide another mortgaged property with the approval of Party A. if Party B refuses to restore or provide, Party A shall have the right to dispose the mortgaged property in accordance with law ahead of time.14.2 Violate the stipulation of Article 9 of this contract, unauthorized disposition of mortgaged property shall be null and void; Party A has the right to request Party B to stop the injurious act to the mortgage rights of Party A and restore the value or provide another mortgaged property with the approval of Party A, or dispose the mortgaged property in accordance with law ahead of time.14.3 The concealment of condominium, dispute, letting, sealed off, detained, configured mortgage rights, regulated or prior legal priority existing of guarantee(including but not limited to Construction project priority upon mortgaged property, or Party B has no ownership or right of disposition upon mortgaged property, thus causing a loss to a Party A. Party B shall provide another mortgaged property as Party A’s requirements.14.4 If any of aforesaid default clause occurs and Party B fails to provide another mortgaged property as Party A’s requirements, then Party B shall bear penalty of __% of line of credit under Credit Awarding Agreement. thus causing a loss to a Party A,Party B shall also compensate for the whole economic losses.Art. 15 The collection of FruitsIf Party B fails to repay the loan, advances, other principle and interest of credit debt and all other involved expenses at the maturity of credit, due to Party A’s claim for right of mortgage cause the mortgaged property be sealed off or detained by the People’s Court according to law. Party A shall be entitled to collect the natural fruits severed from the mortgaged property and the legal fruits which Party B may collect from the mortgaged property since the date ofbeing sealed off or detained.Art. 16 Enforcement of Mortgage Right16.1 If the occurrence of any single or multiple clauses in Article 13 or Article 14.1,14.2 of this contract, Party A shall have the right to choose one of the following ways for the enforcement of mortgage right:16.1.1 Two parties reach an agreement on the conversion of the mortgaged property or the auction or sale of the mortgaged property directly, if fail to reach an agreement within 15 days since the occurrence of any single or multiple clauses in art.13 or art.14.1,14.2 of this contract, Party A shall have the right to petition a People's Court for the auction or sale of the mortgaged property directly;16.1.2 Dispose the mortgaged property with stipulated method of dispute resolution under Credit Awarding Agreement according to legal procedure;16.1.3 Party A shall apply to a competent People's court for compulsory execution directly under the contract after the notarization of compulsory execution effect was completed by two parties;16.2 Party A shall have priority right in satisfying claim from the proceeds of disposition of the mortgaged property in aforesaid ways. If the proceeds from the conversion of the mortgaged property or the proceeds from the auction or sale thereof exceed the sum of every loan, advances or principle and interest of other credit debt and all other relevant expenses of Party B (or Credit Applicant) under Credit Awarding Agreement, the balance shall be returned to Party B; if the proceeds do not cover the claim, the difference shall be recourse by Party A.Art. 17 Lapse of Mortgage RightAfter Party B has clear off all the principle and interest of credit debt under Credit Awarding Agreement in full and on time at the maturity of credit period, the right of mortgage shall lapse automatically. The Certificate of Property rights of Party B and the policy of property insurance etc. retained by Party A Shall return to Party B.Art. 18Not deemed to be waiver of the rightThe tolerance, grace or postponement in performance of the rights and interests Party A shall enjoy during Credit Awarding Agreement toward anybreach of agreement or delay on the part of Party B(or Credit Applicant) during the validity period of the contract shall not damage, influence or restrict all the rights and interests Party A shall enjoy as the creditor according to the relevant legal provisions, and shall not deemed to be waiver of the right to take action against the existing or future breach of contract.Art. 19 NoticeThe notice and requests etc. related to the agreement between Party A and Party B shall be sent in writing.If delivered by hand, the relevant documents shall be deemed to have been served on the addressee upon signing for receipt(In case the addressee refuses to receive the documents, such documents shall be deemed to have served on the date of refusal); If delivered by mail, shall be deemed to have been served seven day after sent out; f delivered by fax, shall be deemed to have been served on the fax machine receiving for receipt.Contact Address of Party A: ;Contact Address of Party B:Either party shall inform the other party in time in case of changing the contact address, otherwise it shall undertake all the possible losses incurred thereby.Art. 20 Transfer of creditor's rights or mortgage20.1When Party A transfers all the creditor’s rights to third party under credit awarding agreement, the right of maximum mortgage shall also transferred to the assignee, no matter whether the creditor’s rights to the maximum mortgage are confirmed.20.2 When Party A transfers part of the creditor’s rights, the right of mortgage transfers partly with it, as the creditor's rights to mortgage in this contract has been confirmed. Party A shall share the right of mortgage with the assignee (who has been transferred part of the creditor’s rights) by the creditor’s rights that have not yet to be transferred, according to the percentage of amount of the creditor’s rights. When Party A transfers part of the creditor’s rights, the Party A’s right of mortgage transfers partly with it and the maximum amount of Party A’s principal claim secured by original maximum mortgage increases correspondingly (mean the maximum amount of Party A’s principal claim secured by original maximum mortgage deduct the amount of transferred party of creditor’s rights) before the creditor's rights to mortgage in this contract confirmed. After the part of the principle creditor’srights that have not yet to be transferred be confirmed. Party A shall share the right of mortgage with the assignee (who has been transferred part of the creditor’s rights) by the creditor’s rights that have not yet to be transferred, according to the percentage of amount of the creditor’s rights.Art. 21 TermsThe terms in this contract have the same meanings with the stipulation in Credit Awarding Agreement, except the clearly dictates otherwise.Art. 22 Applicable Law and Dispute Resolution22.1 The conclusion, interpretation of the contract and dispute settlement shall be subject to the laws of the PRC.22.2 The disputes arising from the performance of the contract shall be settled according to the agreed resolution rules in Credit Awarding Agreement.Art. 23 EffectivenessThe contract shall take effect since the legal representatives/major personnel in charge of the two parties or their authorized agents sign (or affix seal) and affix the common seal/contract seal(if Party B is a natural person, thus the contract shall take effect since the legal representative/major personnel in charge or authorized agent of Party A/sign or seal and affix the common seal/contract seal and Party B’s sign) thereof, and shall become invalid automatically on the date of expiry of mortgage or the date on which Party B(or Credit Applicant) pays off all the debts it owes to Party A and all the other relevant expenses under Credit Awarding Agreement (the later of which shall apply).Art. 24 Other IssuesArt. 25 Supplementary ProvisionsThe contract comes in (copies), the two parties and hold one copy each, which shall have the same legal effect.Special tipsThe two parties have conducted sufficient consultation over all the provisions of the contract. The bank has proposed the other relevant parties to pay special attention to the relevant provisions on exemption or restriction of the responsibilities of the bank, the rights the bank enjoys unilaterally, and increase of he responsibility of other relevant parties, or restriction of the rights thereof, and obtain comprehensive and accurate understanding thereof. The bank shall give corresponding explanation to the aforesaid provisions at the request of other relevant parties. The contracting parties have obtained completely unanimous understanding of the provisions of the contract.Party A: (signature and seal) Legal representative of entrusted agent: (signature and seal)Mortgagor is a legal person or other organization, sign in this sectionParty B: (signature and seal) Legal representative of entrusted agent: (signature and seal)Mortgagor is a natural person, sign in this sectionParty B: (signature and seal) ID No.:Address:Date signed: (YMD)。