浦发银行个人抵押贷款合同--英文.docx

No.:

SPD Bank

Personal Guarantee Loan Contract

Contract version No.:SPDB201203

SPD Bank Personal Guarantee Loan Contract

Personal Guarantee Loan Contract

Special Notes: The main body of the present contract is made up of Contract Terms and Conditions as well as Summary Sheet of Elements of the Contract Terms and Conditions. The Contract Terms and Conditions needs not to be filled in, and all of its items to be filled in are indicated with specific codes; the Summary Sheet of Elements of the Contract Terms and Conditions is attached to the Part 2 of this contract by centralized printing or filling in all the information which needs to be filled in. The borrower and the Loaner have confirmed that all the contents of the Summary Sheet of Elements of the Contract Terms and Conditions are correct, and also acknowledged that the contract elements which need to be filled in the Contract Terms and Conditions are subject to the contents of the Summary Sheet of Elements of the Contract Terms and Conditions. All the contents of the Summary Sheet of Elements of the Contract Terms and Conditions correspond one-to-one with the specific codes of the items to be filled out in the Contract Terms and Conditions, and constitutes an integral part with the Contract Terms and Conditions.

The borrower:
ID certificate type and No.:

The lender (the Mortgagee / the pledgee): Shanghai Pudong Development Bank Co., Ltd. Branch

The mortgager (name / designation of natural person or legal person):
ID certificate type and No.:

The pledger (name / designation of natural person or legal person):
ID certificate type and No.:

The guarantor (name / designation of natural person or legal person):
ID certificate type and No.:

Whereas:
The borrower applies to the lender for RMB personal loan, in accordance with the relevant laws, rules and regulations of the People's Republic of China, upon consensus through consultation among the parties, the present contract is hereby entered into for mutual observance.
Meanwhile, the borrower, the guarantor and the lender hereby confirm that (check with a √ mark and uncheck with a × mark according to the conditions):
□ The present contract serves as an ancillary business document of the Personal Comprehensive Credit Granting Contract under the number of signed by the borrower and the lender.
□ The present contract is an independent business document signed by the borrower, the guarantor and the lender.

Part 1 Contract Terms and Conditions
Article 1 Loan Amount and Purpose

1.1 The loan type of the present contract is S1.1A (personal car loan / personal consumption loan / personal business loan / personal credit loan / others: S1.1A), the loan amount is RMB S1.1B Yuan (in words: RMB S1.1C Yuan), and it is used for S1.1D only and shall not be appropriated. The lender has the right to monitor the use of loans.

Article 2 Loan Term, Interest Rate and Method for Interest Calculation

2.1 The loan term (and the debt performance period) under the present contract is S2.1A (“ year(s) and month(s)”), and its start date is expected from the date S2.1B (from MM DD YY to MM DD YY). The actual loan start date is subject to the date recorded on the loan receipt.
2.2 The value date of the loan under the present contract is the date of loan release. The method for interest calculation is as follows: the loan interest will be calculated on a daily, monthly and yearly basis. The calculation methods of full-year, full-month and full-day shall be adopted for loan interest. If full-year, full-month and full-day cannot be reached, the last day at the end of end is the full-day. If the loan period comes to the completion of year, the interest shall be calculated as per annual interest rate; if the loan period comes to the completion of month, the interest shall be calculated as per monthly interest rate; if the loan period covers full year (month) and remnant days, the interest of the part of full year (month) shall be calculated as per yearly (monthly) interest rate, and the interest of the remnant days shall be calculated according to the actual number of days. The formula of computation is as follows:
For the full year and full month: Interest = principal × period (the number of year(s) or month(s)) × yearly or monthly interest rate;
For the full year (month) and remnant day(s): Interest = principal × [period (the number of year(s) or month(s)) × yearly or monthly interest rate + the number of remnant day(s) × daily interest rate]
2.3 Except otherwise specified by the both parties, the date of settlement of the loan interest under the present contract is the repayment date for each period agreed in the present contract.
2.4 The loan interest rate under the present contract can adopt the floating interest rate, fixed interest rate or quasi-fixed interest rate, and actually adopts the method: S2.4A;
□ Floating interest rate
It shall be executed according to the benchmark loan interest rate and floating range published by the People's Bank of China in the corresponding period. The loan interest rate under the present contract is S2.4A – 1 – 1 (“□ above □ below %”) on the basis of the benchmark loan interest rate published by the People's Bank of China in the corresponding period. If the People's Bank of China adjusts the benchmark loan interest rate within the loan period, then, since the time that the contract loan interest agreed in the present contract is adjusted, the new contract loan interest rate will be executed after the floating according to the above said floating proportion on the basis of the new loan benchmark interest rate.
The benchmark loan interest rate of the People's Bank of China in the corresponding period while signing the present contract is: S2.4A – 1 – 2 (“ % (annual interest rate)”). The executed interest rate is determined according to the benchmark loan interest rate on the actual date of loan release regulated by the People's Bank of China in the corresponding period as well as the floating proportion under the present contract. Monthly interest rate = annual interest rate / 12, daily interest rate = annual interest rate / 360, and the interest rate per period = annual interest rate × the number of the month(s) of each period / 12.
If the benchmark loan interest rate regulated by the People's Bank of China is adjusted within the loan period, then the contract interest rate shall be adjusted accordingly as per the S2.4A – 1 – 3 method:
□ Adjustment by year, and interest accrual by stage. That is, the new interest rate will be executed according to the benchmark loan interest rate regulated by the People's Bank of China as well as the floating proportion stipulated under the present contract as of the first calendar day of the next calendar year after the interest rate adjustment.
□ No interest rate adjustment, and no interest accrual by stage.
□ Others: S2. 4A – 1 – 3

□ Fixed interest rate
It shall be executed according to the fixed loan interest rate and floating range stipulated by Shanghai Pudong Development Bank in the corresponding period. The loan interest rate under the present contract is S2.4A – 2 – 1 (“□ above □ below %”) on the basis of the fixed loan interest rate published by Shanghai Pudong Development Bank in the corresponding period. If the People's Bank of China adjusts the benchmark loan interest rate or Shanghai Pudong Development Bank adjusts the fixed interest rate applicable to this business within the loan period, then the interest rate executed in the present contract will not be adjusted. The fixed interest rate of the corresponding period while signing the present contract is: S2.4A – 2 – 2 (“ % (annual interest rate)”). The executed interest rate is determined according to the fixed loan interest rate on the actual date of loan release published by the People's Bank of China in the corresponding period as well as the floating proportion under the present contract. Monthly interest rate = annual interest rate / 12, daily interest rate = annual interest rate / 360, and the interest rate per period = annual interest rate × the number of the month(s) of each period / 12.
□ Quasi-fixed interest rate
Fixed interest rate will be executed for S2.4A – 3 – 1 (“ month(s), estimated till MM DD YY) from the date of loan release. That is, it will be executed according to the fixed loan interest rate and floating range stipulated by Shanghai Pudong Development Bank in the corresponding period (the loan period is from the date of loan release till the date of expiry of the contract). The loan interest rate under the present contract is S2.4A – 3 – 2 (“□ above □ below %”) on the basis of the fixed loan interest rate published by Shanghai Pudong Development Bank in the corresponding period. If the People's Bank of China adjusts the benchmark loan interest rate or Shanghai Pudong Development Bank adjusts the fixed interest rate applicable to this business within the loan period, then the interest rate executed in the present contract will not be adjusted. The fixed interest rate of the corresponding period while signing the present contract is: S2.4A – 3 – 3 (“ % (annual interest rate)”). The executed interest rate is determined according to the fixed loan interest rate on the actual date of loan release published by the People's Bank of China in the corresponding period as well as the floating proportion under the present contract. Monthly interest rate = annual interest rate / 12, daily interest rate = annual interest rate / 360, and the interest rate per period = annual interest rate × the number of the month(s) of each period / 12.
After the expiry of the fixed interest rate, i.e., S2.4A – 3 – 4 (from MM DD YY to MM DD YY), a floating interest rate will be executed. That is, it shall be executed according to the benchmark loan interest rate and floating range stipulated by the People's Bank of China in the corresponding period (the loan period is calculated from the date of the loan release). The loan interest rate under the present contract is S2.4A – 3 – 5 (“□ above □ below %”) on the basis of the benchmark loan interest rate published by the People's Bank of China in the corresponding period. If the People's Bank of China adjusts the benchmark loan interest rate during the period, then, since the time that the contract loan interest agreed in the present contract is adjusted, the new contract loan interest rate will be executed after the floating according to the above said floating proportion on the basis of the new loan benchmark interest rate. Therein, monthly interest rate = annual interest rate / 12, daily interest rate = annual interest rate / 360, and the interest rate per period = annual interest rate × the number of the month(s) of each period / 12. If the borrower needs to continue adopting the fixed interest rate to calculate the interest, then the borrower shall propose a separate application to the bank.
If the benchmark loan interest rate regulated by the People's Bank of China is adjusted during the period of executing the floating interest rate, then the contract interest rate shall be adjusted accordingly as per the S2.4A – 3 – 6 method:
□ Adjustment by year, and interest accrual by stage. That is, the new interest rate will be executed according to the benchmark loan interest rate regulated by the People's Bank of China as well as the floating proportion stipulated under the present contract as of the first calendar day of the next calendar year after the interest rate adjustment.
□ No interest rate adjustment, and no interest accrual by stage.
□ Others: S2.4A – 3 – 6

2.5 If the borrower fails to repay the loan principal and interest of the current period in full on schedule as required, it will be regarded as overdue, and the lender will have the right to charge penalty interest in accordance with the relevant provisions of the People's Bank of China (see also the relevant contents of Article 12 of the present contract).

Article 3 Conditions on the borrower’s Money Withdrawal

3.1 Unless agreed by the lender, the lender will have no obligation to release the loan under the contract to the borrower until the following conditions are fully met and satisfactory to the lender in terms of form and content:
3.1.1 The borrower has submitted all the documents and data as required by the lender and obtained the approval of the lender.
3.1.2 The present contract and its relevant annexes have been legally signed and entered into force.
3.1.3 The guarantee rights or similar priority rights have been legally established and entered into force (if any): for the loan guaranteed by means of mortgage, its insurance and mortgage registration procedures have been completed, and the collateral registration voucher, ownership voucher, mortgage right voucher / other right voucher, and insurance policy original copy have been delivered to the lender for possession; for the loan guaranteed by means of pledge, the pledge object has been delivered to the lender for possession; for the pledge act requiring handling with registration procedures according to the law, the registration has been completed.
3.1.4 A compulsory notarization has been processed by the notarization office approved by the lender for the present contract and the guarantee documents related with the present contract as well as other files (if the lender requires).
3.1.5 The borrower has opened a bank account for money withdrawal, interest payment, expense payment, repayment and etc. as required by the lender.
3.1.6 Other conditions proposed by the lender.
3.2 Notwithstanding the provisions of the preceding paragraph, the establishment of the above conditions for money withdrawal does not represent that the lender necessarily has the obligation to release the loan when the above conditions are meet. The lender may suspend, and reduce or cancel the release of the loan and notice the borrower under the circumstances that the lender needs to adjust and increase the conditions for the loan release according to its own