交通银行个人住房贷款合同翻译.docx

The borrower should read the contract especially Articles of *** carefully and signed the contract after being confirmed of no objections.
Bank of Communications
Personal House Loan Contract
(Apply to signing contracts among the borrower, the lender and the real estate agency)
Yu BOCS 2004 Jiulongpo GD Zi No. xxxx

Borrower:xxxx
Place of domicile: xxxx
Contact address: ditto Tel.: xxxx Zip code:

Lender: Jiulongpo Sub-branch, Chongqing Branch, Bank of Communications
Address: Xiejiawan Main Street, Jiulongpo District
Real estate agency: xxxxxx
Legal address: xxxxxx
Legal representative: xxxx
Deposit bank and account: Ganghua Road Local Branch, Jiulongpo Sub-branch, Bank of Communications xxxx
Whereas the borrower applies for personal house loan to buy a house for self residence from the real estate agency and the lender agrees to load to the borrower after investigation, the borrower, the lender and the real estate agency, in accordance with laws and regulations as well as provisions relevant to the personal house loan, sign and conclude the contract by consensus.

Article 1 Loan
1.1 The loan amount is RMB (in words): xxx.
1.2 The loan term is 20 years, from April 9, 2004 to April 9, 2024.
1.3 The loan will be used to buy:
The house located at xxxx
Total price of the house: xxxx

Article 2 Interest and rate of loan
2.1 Interest rate of loan: xxx‰.
If the loan term is more than one year, in case of adjustment of the prescribed interest rate, it should be executed according to provisions of the People’s Bank of China without gaining agreement of the borrower.
2.2 The loan interest under the contract should be charged according to the actual loan amount and occupation days from the actual issuing day of the loan.

Article 3 Loan issuing
3.1 Preconditions of issuing loan
(1) The borrower has deposited at least xx% of down payment of the total house purchase price into the account specified in Article 4.5 of the contract and has entrusted the lender to pay the real estate agency.
(2) Relevant guarantee contract prescribed in Article 5 of the contract has been signed.
(3) The lender and his (her) family meet conditions of loan issuing.
3.2 The lender should issue the loan within xx days after the borrower goes through all procedures of loan.
3.3 The loan should be issued by the method that: the lender transfers the loan and the down payment deposited by the borrower into the account xxx opened by the real estate agency in the lender’s bank under the name of the borrower’s house purchase payment.

Article 4 Loan repayment
4.1 The loan should be repaid by the equal monthly payment. If the loan term is less than 1 year, both parties concerned may adopt the method of repaying capital with interest by negotiation.
The method of loan repayment should be determined according to the annual plan of loan repayment provided by the lender.
If the loan will be repaid by the method of equal monthly payment, it is applicable to Article 4.2 to Article 4.4.
4.2 The borrower should repay the capital and interest under the contract by month from the first repayment date after the loan is issued.
The amount of capital and interest to be paid by the borrower should be determined by the method of equal payment. The calculation method for the amount of capital and interest of personal house loan of Bank of Communications is shown in the attachment of the contract.
4.3 The capital and interest amount to be paid in each month and firstly determined after the loan is issued is RMB (in words): xxxx yuan; thereafter, if the interest rate is adjusted according to Article 2.1 of the contract, the capital and interest amount of each month shall be calculated and determined according to Article 2.1 and Article 4.2 of the contract.
The lender shall mail the annual plan of loan repayment of Bank of Communications to the borrower according to the contact address supplied by the borrower within / days after the dare of loan issuing and interest adjustment.
4.4 The repayment date is the 9th day of each month. The first repayment date is xxx and the last repayment date is xxx.
*** 4.5 The borrower shall open an account for loan issuing as well as capital and interest as required by the lender. The borrower should deposit enough money in the account specified by the lender to repay the due capital and interest.
The lender deducts the due capital and interest from the specified account on each repayment date. If the amount in the specified account is insufficient for deducting the due capital and account, the lender is entitled to deduct the amount from the borrower’s other account opened in the Bank of Communications.
*** 4.6 The borrower might repay the loan in advance according to the following provisions after being agreed by the lender.
(1) If it is decided to repay the total loan in advance, it might be transacted on any working day of the bank; if it is decided to repay part of the loan, it shall be transacted on the repayment date specified in the contract. The interest of the paid-off capital should be settled at repayment.
(2) As for the loan repaid in advance, the lender will not return the interest which has been charged and will not charge the interest from the date of advance payment to the agreed loan repayment date.
(3) If the loan is partly repaid in advance, the lender should make a new annual plan for loan repayment according to the agreed rate and remaining repayment periods to determine the amount of capital and interest of each month. If the borrower requires shortening the periods of repayment, it should be agreed by the lender.

Article 5 Security for debt
5.1 The borrower and lender signs the Loan Mortgage Contract with the purchased house as guarantee.
5.2 Before the Property Ownership Certificate engaged in the Loan Mortgage Contract is transacted and kept by the lender, the real estate agency shall provide the borrower with guarantee of joint liabilities to pay the capital, interest, compound interest, default interest and cost for realizing the creditor’s right of the lender.
5.3 The real estate agency promises: when the lender needs to exercise the mortgage right under the Loan Mortgage Contract, the real estate agency, as required by the lender, shall repurchase the house with an amount no less than the capital and interest (including overdue default interest, subject to the account document provided by the lender). The money shall be used to pay off the due capital and interest under the contract on a priority basis.
***Article 6 Statement and guarantee of the borrower
6.1 The borrower accepts and abides by the business system and working rules of the lender as well as operational procedures under the contract.
6.2 The borrower promises to coordinate with the lender in investigation and examination of situations on personal income, expense, liability etc. and provide situations and relevant material required by the lender timely, integrally and accurately.
6.3 The borrower must notify the lender within 7 days after the (possible) occurrence of the following events:
(1) The working condition and household income of the borrower and the borrower’s family members change greatly.
(2) Significant misfortune occurs to the family of the borrower.
(3) The financial condition of the guarantor changes greatly or the value of the guaranty decreases apparently.
(4) Other events affecting the repayment capability of the borrower occur.
(5) The contact address and telephone number of the borrower are changed.
Article 7 Other matters agreed
The date of borrowing is the date of repayment. In case of disputes between the actual loan issuing date and the date agreed in the loan contract, it should be subject to the date on the loan note.
*** Article 8 Responsibility of default
8.1 Any of the following events can constitute the event of default stated in the Article.
(1) The borrower defaults the capital or interest;
(2) The borrower and the guarantor refuse normal investigation and supervision of the lender;
(3) The borrower or the guarantor is engaged in illegal criminal activities;
(4) One of the events which shall be notified according to Article 6.3 occurs and affects the repayment capability of the borrower.
8.2 After an event of default occurs, the lender is entitled to take the following measures:
(1) Declare loan capital issued under the contract due in advance and require the borrower pay all capital and interest immediately.
(2) Charge default interest and compound interest of the overdue loan according to provisions of the People’s Bank of China.
(3) Deduct the capital, interest and other charges from any other account of the borrower in the Bank of Communications.
(4) Take other measures specified by laws and regulations.

Article 9 Others
9.1 The borrower, the real estate agency and the lender should go through procedures on mortgage registration, estate insurance, and contract notarization with the cost of the borrower within xx days after the contract is signed
*** 9.2 Any dispute relevant to the contract should be subject to the people’s court in the location of the lender.
9.3 The loan application, Loan Note and contract attachment supplied by the borrower are inalienable constituent part of the contract.
9.4 The contract will take effect after being signed or stamped and affixed with the official seal by the three concerned parties of the contract.
9.5 The original contract is in quintuplicate, each party holds one copy. Several copies will be kept for future reference.

Borrower:xxxx(signature)
Signed on: xxx

Real estate agency: xxxx(seal)
Legal representative (signature or seal): xxx
Signed on: xx

Lender (official seal): Jiulongpo Sub-branch, Chongqing Branch, Bank of Communications
Authorized representative (signature or seal): xxxx(seal)
Signed on: xxx