中英文翻译模板-中国银行按揭担保合同.doc

Bank of China Beijing City Branch
Housing Mortgage Guarantee Loan Contract

Contract No. : G. (2003) 12L.R.G. No.802

Borrower: (hereafter referred to Party A) HUANG Yong
Address: 17-2-1101, Zhichun Lu, Haidian
No. of Valid Certificate: 110108641103631
Tel.: [phone]
Postal code: 100083
Opening bank and account No.: Bank of China, Beijing City Chongwen District Branch, Tiantanbei Office 4060100-0188-027879-2

Lender: (hereafter referred to Party B) Bank of China Beijing City Branch Chongwen Sub-branch
Address: Yatai Mansion No. 8, Yabao Lu, Chaoyang District
Principal: XIE Zhiyong
Tel.: [phone]
Postal code: 100020

Guarantor: (hereafter referred to Party C): Beijing Hongwei Real Estate Development Co., Ltd.
Address: No. 87, Haidian Lu, Haidian District
Legal representative: SHI Luning
Opening bank and account No.:
Tel.: [phone]
Postal code: 100080

Party A loans from Party B, and Party C acts as the guarantor. After negotiation, the three parties make the following contract to abide by according to relevant laws and statutes.

Clause One Mortgage loan
1.1 Party A applies for loan from Party B, and Party B has had consent on the loan after check, details on the loan are as follows:
Details on the housing mortgage loan:
Currency type: RMB
Loan Amount: RMB one million eight hundred thousand Yuan only (￥1,800,000)
Loan rate: (yearly) interest rate 4.77%, which will be settled by month
Loan term: 60 months, from Sep. 22, 2003 to Sep. 22, 2008
Loan purpose: the loan only can be used to buy the house located at Room 908, Xueyuan International Mansion

1.2 Withdrawal mode
The loan would be transferred in lump-sum to the seller’s account on Bank of China Beijing City Branch by Party B, the account No. is: 12674108406001
1.3 The interest will be calculated since the offering date of the loan.
1.4 The debt mentioned in the contract refers to the following items: principal, interest, penalty, compensation and other cost.
1.5 The loan can be withdrawn after the effectiveness of the contract and the following conditions are met:
ⅰhandling the commercial housing presale mortgage registration
ⅱgiving the Loan Mortgage Commitment

Clause Two Loan repayment
The loan is repaid by equal principal in 60 terms, which will be repaid before 20th each month. The amount includes the principal of RMB 30,000 and the interest. The initial repayment date is Oct. 20, 2003.

If Party A does not repay the principal and interest on time, Party B has the right to charge 2.1 ten thousands of the overdue loans during the overdue period.

Clause Three guarantee mode
Party A provides the mortgage guarantee, and Party C assumes irreversible joint responsibility for repayment.

Clause Four Mortgage
Mortgage guarantee scope: the principal and interest of the contract, the penalty ought to be paid by Party A, the compensation and other cost.

Clause Five Guarantee
Guarantee period: since the effectiveness date of the contract until 12 months after Party B gets the Mortgage Registration Certificate.

Clause Six Impawn

Clause Seven Breach of contract and resolutions
If Party A does not use the loan according to the stipulated purpose, Party A will be regarded as breach of the contract.

Clause Eight Alteration of the contract
After the effectiveness of the contract, no party can alter or cancel the contract without others’ consent. In case of alteration or cancellation, the party should notice others in written form a month in advance, and sign the alteration agreement legally.

Clause Nine Transference of credit and debt
Without the written consent of Party B, Party A can not transfer the authorities and liabilities of the contract to a third party. With the written consent of Party B, Party A can transfer the authorities and liabilities to a third party, which should abide by the clauses of the contract unconditionally.

Clause Ten Cost
All the relevant cost of the contract should be paid by Party A, excluding the items stipulated by the state additionally.

Clause Eleven Applicable law of the contract and resolutions of disputes
11.1 The items excluding the contract should be handled according to the relevant state laws, statutes and financial regulations.
11.2 All the disputes should be negotiated first. If the Parties fail to reach resolutions, then the 1st measure would be taken:
ⅰSue to the People’s Court of Party B’s Location
ⅱSubmit to arbitration committee.

Clause Twelve Other items
If Party A or / (and) Party C breach the contract, they will be self-imposed to the forcible execution.

Clause Thirteen Effectiveness of the contract
If it is only guaranteed by Party C, the contract will come into effect after the seal and signature of the three parties, and then Clause Four and Clause Six are invalid.

Clause Fourteen Annexes
The following annexes are inalienable parts of the contract.
14.1 Approval of withdrawal application

Clause Fifteen Supplementary articles
15.1 The annexed table is an inalienable part of the contract, which bears the equivalent legal force with the contract.
15.2 The contract has five copies with the equivalent legal force. Party A, Party B and Party C holds one copy each.
Annexed table1: list of the mortgaged assets
Name
Xueyuan International Mansion
Specification

Unit
M2
Address
Room 908
Sale Contract No.
No.539709
Quantity
334.97
Property Certificate No.

Quantity

Evaluated value (RMB 10,000)
381.3834
Having mortgaged (RMB 10,000)

Mortgage rate
47.2%
Remarks

Party A: HUANG Yong (signature)
Signing date: Sep.7, 2003

Party B: Special Seal for Loan of Bank of China Beijing City Branch (sealed)
Signature of principal: GONG Zhuan (signature)
Signing date: Sep. 18, 2003

Party C: Beijing Hongwei Real Estate Development Co., Ltd. (sealed)
Signature of principal: ZHANG Lei
Signing date: Sep. 17, 2003

This is to certify the signature and seal on the contract are valid, and the signers sign and seal the contract at my presence. (Sealed)

Witness: XU Hong Yan (signature)
HAN Lei (signature)