20 15 model decoration loan contract
Party A (that is, the lender, also known as the mortgagee): Bank of China _ _ _ _ _ _ _ Legal address: Person in charge: telephone number: postal code: Party B (that is, the borrower, also known as the mortgagor or the purchaser): ID number: address: telephone number: postal code: Party C (that is, the guarantor): legal address: legal representative: telephone number. 2. Party C is willing to take responsibility for Party B's loan debt under this contract in the way agreed in this contract; 3. Party A is willing to provide loans to Party B according to the conditions agreed in this contract. In accordance with the relevant laws and regulations, the terms of this contract are concluded on the basis of equality and voluntariness through consultation among the three parties, and the loan and payment shall be implemented in accordance with Article 1. Upon Party B's application, Party A agrees to grant Party B a mortgage loan for house purchase. Loan amount: RMB (in words: ten million yuan only). Article 2 The purpose of the loan under this contract is limited to Party B's payment of the house purchase price listed in Article 19 of this contract. Article 3 Term of the loan: years, months from the date of loan issuance. Article 4 After Party B meets the following preconditions, Party A will release the loan within five working days: (1) Party B has provided Party A with the original verified and valid pre-sale contract or real estate license; (2) Party B has paid a deposit of not less than% of the total purchase price; (3) The expenses related to this contract have been paid off; (4) The insurance formalities of the collateral have been completed, and Party A is listed as the first beneficiary of the insurance; (5) This contract has come into effect, and Party B has signed the loan receipt; (6) The mortgage filing or mortgage registration procedures of the collateral have been completed; (7) Party B has opened a special current account for house purchase savings in Party A for repayment; (8) Party B has no or possible breach of contract under this contract; (9) Other conditions stipulated by Party A .. interest calculation method and repayment method Article 5 The interest rate of RMB loan under this contract shall be subject to the loan interest rate published by the People's Bank of China on the loan issuance date, and the current monthly interest rate is ‰; The foreign exchange loan is implemented according to the floating foreign exchange loan interest rate announced by Bank of China on the loan issuance date, and the current monthly interest rate is ‰; During the performance of the Contract, if the People's Bank of China adjusts the interest rate or interest management measures, Party A will make corresponding adjustments according to relevant regulations without special notice to Party B.. Article 6 According to the current interest rate management measures of the People's Bank of China, if the loan term is less than one year (including one year), in case of adjustment of the legal interest rate, the interest rate of RMB loan under this contract will not be high-profile; When the loan term is more than one year, if the legal interest rate is adjusted, the loan interest rate under this contract will be adjusted from 1 of the following year according to the loan interest rate of the People's Bank of China on that day, and the new monthly contribution of Party A will be determined accordingly. Article 7 In case of adjustment of loan interest rate under this contract, unless otherwise agreed by both parties, other agreements in this contract will remain unchanged, only the principal and interest amount of each loan will be adjusted. Article 8 Party B fails to repay the loan according to the repayment plan and fails to reach an agreement with Party A on the extension, which constitutes an overdue loan. Party A has the right to charge interest on overdue loans according to the overdue interest rate stipulated by the People's Bank of China. Article 9 Party A and Party B agree on the following methods: 1, equal repayment of principal and interest, that is, equal repayment of loan principal and interest every month during the loan period, and the calculation formula of monthly contribution is as follows: 2. Repay the loan principal and interest in one lump sum on _ _ _ _ _. 3. Other ways; Article 10 If the repayment method of equal principal and interest is adopted, Party B shall make monthly repayment from the month following the loan issuance, and the total repayment times are. The monthly repayment date is 20th (postponed in case of national legal holidays). Article 11 The loan principal and interest of Party B within the loan term shall be based on the number of loan households of Party A, and the first and last installment amounts shall be adjusted accordingly according to the actual loan principal balance and the number of days used. Article 12 Party B promises to deposit or transfer the monthly contributions into the repayment account opened by Party B in Article 55 before the monthly repayment of principal and interest, otherwise Party A has the right to directly deduct any due and payable funds from other accounts opened by Party B in Party A (including its branches). If Party B fails to repay the principal and interest on the specified date due to insufficient account balance, Party A will charge overdue interest at the overdue interest rate specified by the People's Bank of China for the overdue amount and actual overdue days. Article 13 If Party B fails to repay the principal and interest of the loan for three consecutive or cumulative periods, Party A has the right to notify Party B in writing to terminate this contract, recover the loan in advance, and dispose of the collateral according to this contract. Early repayment Article 14 After one year after this contract comes into effect, Party B has sufficient funds halfway, and can repay all or part of the loan principal and interest in advance with the consent of Party A. If part of the loan is repaid in advance, the amount of each prepayment shall not be less than an integer multiple of 10000 yuan; Partial prepayment is limited to the repayment of the loan principal calculated from the back according to the repayment plan, and cannot offset the loan principal and interest due soon. Article 15 Party B must submit a written application to Party A one month before the scheduled prepayment date. Once the application is issued, it is irrevocable. Sixteenth early repayment can be exempted from the loan interest at the time of advance, but the interest rate is still implemented at the same time as the original loan term. Article 17 In case of prepayment, Party B shall pay one month's interest according to the prepayment amount and the loan interest rate at the time of prepayment as compensation for Party A ... Loan mortgage and related agreements Article 18 Party B is willing to mortgage the real estate and all its rights and interests mentioned in Article 19 of this contract as a guarantee for Party B to repay the loan under this contract. When Party B fails to fulfill the repayment obligation as agreed in this contract, Party A has the right to dispose of the collateral in the way agreed in this contract and get the best compensation, in addition to continuing to recover from Party B.. Article 19 The basic information of the mortgaged property is as follows: address of the real estate: service life of the land: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. _ _ _ _ _ _ _ Yuan (in words) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Article 21 The mortgage period of the collateral under this contract shall be from the effective date of this contract to two years after the expiration of the performance period of this contract. Article 22 After the collateral mortgage under this contract is established, Party B shall hand over the original Commodity House Pre-sale Contract (or other warrants such as real estate license) and other documents to Party A for safekeeping until the loan principal and interest and related expenses under this contract are fully paid off. Article 23 During the mortgage period, Party B shall properly keep the collateral and be responsible for its maintenance to ensure that the collateral is intact. Party A has the right to know the condition of collateral, and Party B has the obligation to cooperate. Article 24 During the mortgage period, if the value of collateral decreases due to Party B's fault or other reasons, Party B shall provide Party A with other guarantees equivalent to the reduced value within 30 days. Article 25 Under any of the following circumstances, Party A has the right to dispose of the collateral immediately: (1) Party B is missing, dead or loses full capacity for civil conduct. Unless the successor or legatee of Party B agrees to inherit all the rights and obligations of this contract and perform them according to the provisions of this contract, or Party B's guardian or property custodian is willing to continue to perform this contract on its behalf with the consent of Party A. (2) Party A will recover the loan in advance according to the relevant provisions of this contract; (3) Party B violates the relevant provisions of this contract. Article 26 Party B and Party C shall assist Party A or the agency entrusted by Party A to handle the filing or registration procedures; During the mortgage period, after Party B repays the loan principal and interest on schedule or in advance, Party A shall issue a written certificate to assist Party B in the cancellation procedures of mortgage registration/filing, and return the original Commodity House Pre-sale Contract (or other warrants such as real estate license) and other documents managed by Party A to Party B. Mortgage insurance Article 27 Party B shall purchase mortgage insurance with Party A as the first beneficiary from an insurance company designated by Party A, and the insurance amount shall not be less than 65,438+0.20% of the total loan under this contract. Article 28 During the performance of this contract, Party B shall take out continuous property insurance for the mortgaged property, and the original insurance documents shall be kept by Party A. If Party B terminates the insurance, Party A shall have the right to take out the insurance on its behalf, and all expenses and interests arising therefrom shall be borne by Party B, and Party A shall have the right to recover from Party B and Party C. Article 29 When insurance compensation occurs, Party A shall have the right to accept and control the insurance compensation as the first beneficiary and pay off the loan principal and interest under this contract in priority; If the insurance compensation is insufficient to pay the loan principal and interest owed by Party B to Party A, Party A has the right to continue to recover from Party B or Party C ... Article 30 When the collateral under this contract has an insurance claim, Party B shall notify the insurance company and Party A within five days. Article 31 The above insurance premium and all original expenses arising from insurance claims shall be borne by Party B ... Party B and other obligations Article 32 Except for the real estate mortgage listed in Article 19 of this contract, Party B agrees to provide irrevocable guarantee for the loan principal and interest and related expenses under this contract with all other properties under its name. Article 33 Without the written consent of Party A, Party B shall not lease, transfer or dispose of the collateral by means of resale, gift or re-mortgage, nor shall it transfer any rights and obligations under this contract to a third party; Where the collateral is transferred with the consent of Party A, the proceeds shall be deposited into the account designated by Party A, and shall be used to repay the loan principal and interest under this contract in priority. Where Party B disposes of the collateral by inheritance or bequest, it shall not divide the rights and obligations under the Contract. Article 34 Party B must meet the following conditions when leasing collateral: Party A agrees to lease it in writing. The rental income shall be used to pay off the debts under this contract, and a written lease contract shall be signed with the lessee, stating: "The lessor has mortgaged the property to China Bank, but the lessor has not paid off the debts due from China Bank. The lessee must move out unconditionally within 30 days from the date when the Bank of China sends a letter to inform the leased house, and the lease contract will be automatically terminated from the date when the letter is sent. Article 35 If Party B faces or will face legal proceedings or arbitration, or real estate or other property (including collateral under this contract) is sealed up, frozen, confiscated or forcibly purchased, Party B shall promptly notify Party A in writing. Article 36 During the performance of this contract, when the creditor's rights agreed in Article 49 of this contract are transferred due to Party B's failure to fulfill the repayment obligations as agreed, Party B agrees to cancel the Commodity House Pre-sale Contract originally signed with the seller (Party C of this contract) and give up the right of defense against Party A's transfer of creditor's rights. Thirty-seventh to maintain the structural integrity of the collateral, and the necessary maintenance of the collateral; Pay taxes, utilities, sanitation fees, property management fees and other fees charged by relevant departments for collateral on time; Assist Party A to inspect the collateral at any reasonable time; When changing the contact address or telephone number, it shall immediately notify Party A in writing. Contract Guarantee Article 38 Party C shall provide joint and several liability guarantee for Party B's loan under this contract. If Party B fails to repay the principal and interest of the loan to Party A due to Party B's breach of contract or is required by Party A to repay the principal and interest of the loan in advance, Party C shall be jointly and severally liable for repayment, and Party A has the right to directly recover from Party C according to the guarantee terms. Article 39 During the guarantee period, Party A and Party B adjust the repayment plan, which will not affect Party C's guarantee liability under this contract. Article 40 During the warranty period, with the consent of Party A, when Party B transfers its rights and obligations under this contract to a third party, the warranty liability of Party C under this contract will not be affected. Article 41 The commercial house (i.e. collateral) mortgaged by Party C under this contract will be completed on schedule and delivered legally. If there is any violation, Party C shall notify Party A and Party B in writing within ten days from the date when it knows or should know the situation, and the resulting liabilities for breach of contract and losses to Party B's legitimate rights and interests shall be borne by Party C. Article 42 Party C guarantees to notify Party A in writing within ten days from the date of completion acceptance of the mortgaged commercial house (i.e. collateral) under this contract; Go to the real estate registration authority to handle the real estate license within 30 days after the completion and acceptance of the commercial house, assist Party A and the purchaser to re-register the mortgage, and hand over the original real estate license and other warrants to Party A for safekeeping. Article 43 Party C shall promptly notify Party A in writing of the amendments and supplements to the Articles of Association and the contract, the adjustment, transfer and liquidation of shares and major personnel changes. Article 44 Party C guarantees that it will not reduce its registered capital during the performance of this contract, and major changes involving the property rights system, management system and asset utilization must obtain the written consent of Party A. Article 45 Party C accepts Party A's credit supervision and inspection, fully cooperates with Party A, and guarantees to provide Party A with documents and materials such as true, complete, legal and effective operating conditions and financial statements as required. Article 46 The above-mentioned guarantee is valid continuously, and its guarantee liability will not be affected, modified, damaged or limited by any tolerance, grace or preference given by Party A to Party B and/or Party C, nor will it be regarded as a waiver of Party A's rights under this contract; This contract is still valid when Party B and Party A modify, supplement or change it, and it is regarded as Party C's repetition ... Article 47 The above guarantee is irrevocable, and its legal effect is not affected by any agreement or contract signed by Party B with Party C and other third parties, nor will it be revoked or changed due to the fact that Party B's income is reduced, unemployment, disappearance, death and compensation. Article 48 The guarantee period shall be from the effective date of this contract to the period specified in the following item (if item (2) is not selected, it shall be deemed as an option). (1) The date when Party A obtains and formally takes over the original property ownership certificate and other ownership certificates of the collateral under this contract. (2) The date when the loan principal and interest and related expenses under this contract are fully paid off. (3) others; Article 49 Assignment of Creditor's Rights under the Contract Article 49 Party A, Party B and Party C agree that when Party B fails to perform the debts due under the Contract, Party C must unconditionally accept the assignment of Party A's creditor's rights and mortgage rights, and the transfer price is the sum of the loan principal and interest, overdue interest, penalty interest, liquidated damages and related expenses owed by Party B to Party A at that time; When the creditor's rights are transferred, Party B and Party C automatically waive the right of defense. Article 50 Within 15 days from the date when Party A sends a written notice requesting Party C and Party B to accept the above-mentioned transfer of creditor's rights, Party C shall pay the transfer price of creditor's rights to Party A in one lump sum. Article 51 Party B and Party C agree that after Party C pays the transfer price of creditor's rights, Party B and Party C will negotiate to solve the problems related to the pre-sale contract of the original commercial house. Article 52 The above-mentioned creditor's rights transfer agreement is irrevocable within the guarantee period agreed in Article 48 of this contract. Expenses Article 53 The expenses such as stamp duty, deed tax, attorney's fee, notary fee, insurance premium, mortgage registration/filing/cancellation fee arising from the conclusion of this contract shall be borne by Party B. Article 54 The expenses incurred by Party A in collecting the loan principal and interest and related expenses under this contract, including but not limited to the execution fee, attorney's fee and any expenses incurred in handling the collateral according to law, shall be borne by Party B. Party B authorizes Party A to deduct it from the deposit account with account number opened in Party A's name. Party A has the right to directly deduct the loan principal and interest, overdue interest, default interest and related expenses payable by Party B from this account. Article 56 Party B authorizes Party A to directly pay the loan under this contract to other needy households opened by the Seller in Party A or approved by Party A in the name of paying the house purchase price. Article 57 Party B authorizes Party A or an intermediary agency designated by Party A to handle the mortgage registration and cancellation procedures of the contract company and collateral, and obtain documents such as real estate license and other rights certificates. Article 58 Without the written consent of Party A, the above authorization is irrevocable. The above authorization is valid until the date when all the responsibilities and obligations of Party B in this contract are fully fulfilled. Breach of contract and handling Article 59 Any act of obtaining a loan in violation of the obligations stipulated in this contract and the principle of good faith is a breach of contract. In this case, the observant party has the right to take all or part of the following measures to safeguard its legal rights according to the relevant provisions of this contract and the provisions of the law, depending on the seriousness of the breach: (1) Require the breaching party to correct its breach within a time limit, take appropriate remedial measures and compensate the losses; (2) Stop performing the contractual obligations of the observant party, including stopping issuing loans; (3) After being urged by the observant party, if the defaulting party still fails to correct its breach of contract within the time limit, or the defaulting party's breach of contract has made it impossible for the observant party to achieve its contract purpose, the observant party may notify the defaulting party in writing to terminate the contract, require Party C to assume the guarantee responsibility or transfer the creditor's rights, dispose of the collateral, apply for enforcement and bring a lawsuit to safeguard its legal rights. Article 60 If Party A fails to release the loan as agreed in this contract, it shall calculate the liquidated damages to Party B according to the outstanding loan amount, overdue days and 20% increase of the agreed loan interest rate. Other agreements Article 61 During the validity of this contract, any tolerance, grace, preference or delay given by Party A to Party B and Party C in exercising any rights under this contract will not affect, damage or limit all the rights and interests enjoyed by Party A according to this contract and laws and regulations, nor will it be regarded as a waiver of the rights and interests under this contract. Article 62 After Party B has paid off all the loan principal and interest and related expenses under this contract, Party A shall cooperate with Party B to handle the mortgage cancellation procedures and return the Commodity House Pre-sale Contract or Real Estate Certificate, other warrants and mortgage insurance policies. Article 63 If Party B or Party C fails to fulfill the repayment or guarantee obligations as agreed in this contract, it is willing to directly accept the people's court with jurisdiction for compulsory execution. Party A may apply to the competent people's court for compulsory execution of the property of Party B or Party C by handling the notarial documents for compulsory execution according to this contract. Article 64 The conclusion, interpretation and dispute settlement of this Contract shall be governed by the laws of People's Republic of China (PRC). Any dispute arising from the performance of this contract shall be settled through negotiation among the three parties. If negotiation fails, bring a lawsuit to the people's court where Party A is located. Article 65 This Contract shall come into effect after being signed and sealed by Party A, Party B and Party C, notarized and mortgaged for filing/mortgage registration. Article 66 This contract is made in quintuplicate, one for Party A, Party B, Party C, the notary office and the property right registration department, all of which are equally authentic. Article 67 The following documents and attachments are an integral part of this contract: (1) loan application form; (2) loan receipt; (3) The original mortgage insurance policy; (4) Pre-sale contract of commercial housing/mortgage filing certificate or real estate certificate/other ownership certificate; Party B and Party C have fully understood and are willing to accept the provisions of the above contract, especially the terms of the contract that exempt or limit Party A's responsibilities. This contract is voluntarily signed on the basis that both parties have clearly defined their rights and obligations and their legal consequences. Party A (official seal): Party B: authorized representative: ID number: Party C (official seal): legal representative (or authorized representative): date of signing: year month day.