Original
China Construction Bank Beijing Branch
Individual Housing Loan Contract
(Mortgage plus Periodically Guarantee Loan)
No.: 802
Printed by China Construction Bank Beijing Branch
Party A (Borrower, Mortgager): LU Jihong
ID Card No.: 350104680716001
Address: Room 203, Unit 8, No.15, Haidian Nanlu
Telephone: 13801302471
Post Code: 100081
Opening Bank:
A/C No.:
Party B (Creditor, Mortgagee): China Construction Bank Beijing Xisi
Sub-branch
Address: Jia No. 26, Fuchengmenwai Dajie, Xicheng District, Beijing
Telephone: 68041712
Post Code: 100037
Party C (Guarantor, Developer or Sales Company): Beijing Haidian District
Real Estate Management and Development Co., Ltd.
Address: No. 21, Nanlu, Haidian District
Telephone: 62632288
Post Code: 100080
Opening Bank: China Construction Bank Beijing Haidian Sub-branch
Huayuanlu Office
A/C No.: 2390001995
Contents
Article 1 General Provisions
Article 2 Loan
Article 3 Repayment
Article 4 Loan Guarantee
Article 5 Insurance
Article 6 Rights and Obligations
Article 7 Alteration of Contract
Article 8 Liability for Breach of Contract
Article 9 Other Agreements
Article 10 Special Clauses
Article 1 General Provisions
Clause 1 Basis for Contract
General Principles of the Civil Law of the People’s Republic of China, Contract
Law of the People’s Republic of China, Guaranty Law of the People’s Republic
of China, General Principles of Loan, Management Measures of Individual
Housing Loan of the People’s Bank of China, Individual Housing Loan
Measures of China Construction Bank, Detailed Rules for Implementation of
Individual Housing Loan of China Construction Bank Beijing Branch and other
laws, regulations and rules.
Clause 2 Upon mutual consensus, both parties sign the contract in
accordance with the principles of equality, voluntary compliance, honesty and
credibility and promise to strictly comply with the contract.
Clause 3 The contract includes loan, mortgage, guarantee, etc.
Article 2 Loan
Clause 4 Loan Purpose
See clause 46
Clause 5 Loan Amount
See clause 47
Clause 6 Loan Period
See clause 48
Clause 7 Loan Rate
See clause 49
Clause 8 Appropriation Method
Both parties agree to adopt special appropriation that Party B debits the loan
into the account which Party C opened in Party B. See clause 50 for account
name and account number.
Article 3 Repayment
Clause 9 Repayment Principle
If the loan period is within one year (including one year), the repayment shall
be paid off in lump sum payment.
If the loan period is more than one year, Party A begins to pay the principal
from the next month after receiving the loan. During the repayment period,
Party A shall pay the loan principal and interest one time per month, and the
last repayment can not exceed the expiry.
Both parties agree to comply with the principle that Party A pays the principal
first, then pays off the interest.
Clause 10 Repayment Installments
Both parties agree on that Party A pays off the loan according to month. Both
parties confirm the repayment installments. See clause 51 for detailed
agreement.
Clause 11 Repayment Method
If the loan period is within one year (including one year), the loan shall be paid
off in lump sum payment.
If the loan period is more than one year, both parties agree to adopt one of the
following repayment methods. See clause 52 for detailed agreement.
1. Matching the repayment of interest
2. Matching the repayment of principal
Clause 12 Repayment Manner
Both parties agree to adopt one of the following manners. See clause 53 for
detailed agreement.
1. Authorized deducting
2. Repaying over the counter
Clause 13 Advance Repayment
Party A has to submit notice to Party B 10 working days prior to the advance
repayment date.
If Party A applies for partial advance payment, Party A can repay the principal
prior to the repayment date after Party B confirms that Party A doesn’t have
delay in installments.
Clause 14 Extending Repayment Period
During fulfilling the contract, if Party A can not repay the installments on time
due to objective reasons, Party A has to apply to Party B for extending the
repayment period 20 days prior to the repayment day. Party A can only apply
for extending the repayment period one time.
Article 4 Loan Guarantee
Clause 15 The loan under the contract is mortgage plus periodically guarantee
loan.
Clause 16 The guarantee clauses under the contract have legal effect
independent of the contract.
Clause 17 Pawn
Clause 18 Mortgage and Guarantee Scope
The mortgage and guarantee scope includes loan, interest, penalty,
compensation and other charges.
Clause 19 The owner agrees to offer the collateral under the contract as
guarantee.
Clause 20 Party A has to go through collateral registration as soon as getting
the House Property Certificate. Party A affords the mortgage charge.
Clause 21 Mortgage Period
The mortgage period is from the date Party A gets the house property
certificate to the debt is fully settled.
Clause 22 During the mortgage period, Party A shall submit House Property
Certificate and relevant resources to Party B to keep.
Clause 23 During the mortgage period, in case of the depreciation in the
collateral caused by the third person, Party A shall credit the compensation to
the account stipulated by Party B.
Clause 24 Termination of Mortgage
The mortgage will terminate while Party A settles the debt and other charges
payable. Both parties shall go through cancellation of registration.
Clause 25 Guarantee Scope
The guarantee scope includes the principal of loan, interests, Party A’s penalty,
compensation and other charges
Clause 26 Guarantee Method
During the guarantee period, Party C is willing to undertake joint responsibility
for Party A’s loan. If Party A fails to repay the principal of loan and other
charges, Party B has the right to ask Party C undertaking loan guarantee
responsibility. Party C agrees that Party B debits the loan from the account
Party C opens in Party B.
Clause 27 Guarantee Period
The guarantee period is from the validation of the contract to the house which
Party B offers as guarantee gets House Property Certificate, goes through
house property insurance and mortgage registration, and Party A submits
Certificate of Other Rights of House to Party B.
Clause 28 Except the following condition, Party A and Party B can alter the
loan contract through negotiation without Party C’s permission:
1. Extending Loan Period
2. Adding Loan Amount
Clause 29 During the guarantee period, the loan contract rate can be adjusted
according to adjustment in state rate without Party C’s permission.
Article 5 Insurance
Clause 30 Insurance
1. Party A should take mortgage property insurance after signing this contract.
2. Party A should hand the certificate of insurance to Party B to be kept.
3. In the certificate of insurance Party B should be taken as first beneficiary.
Article 6 Rights and Obligations
Clause 31 Rights and obligations of Party A
Clause 32 Rights and obligations of Party B
Clause 33 Rights and obligations of Party C
Article 7 Alteration of Contract
Clause 34 Any party should not alter and cancel this contract unilaterally when
this contract has taken effect.
Clause 35 Party A should get Party B’s written approval and Party C’s
confirmation when Party A transfer the rights and obligation under this
contract.
Clause 36 Contract inheriting and taking over for Party A’s reason
Clause 37 Extending the time limit of loan
Article 8 Liability for Breach of Contract
Clause 38 Liability for Breach of Contract of Party A
Clause 39 Liability for Breach of Contract of Party B
Clause 40 Liability for Breach of Contract of Party C
Clause 41 Liquidation order for handling money of the pawn
Article 9 Other Agreements
Clause 42 Resolution for disputes
Clause 43 Effectiveness and termination of the contract
Clause 44 Other agreed items
Clause 45 Number of copy of contract
Article 10 Special Clauses
Clause 46 Agreement on clause 4
The loan is for purchasing No.404, Building 114, Anheyuan, Tianxiu Garden of
Beijing Haidian District Real Estate Management and Development Co., Ltd.,
No. 138248.
Clause 47 Agreement on clause 5
Party B offers Party A loan (in capital) RMB three hundred and ninety thousand
only
. (in number:390,000.00)
Clause 48 Agreement on clause 6
The loan period stipulated in the contract is (in capital) seventy two
months,
counting from the date Party B credits the loan to the account stipulated by
Party A and approved by Party B. The loan period is from Aug. 2, 2000
to Aug.
1, 2006.
Clause 49 Agreement on clause 7
The monthly rate of the loan is 4.65
‰ according to the state rate in the day
that Party B credits the loan to Party A’s account.
Clause 50 Agreement on clause 8
Party B transfers Party A’s loan to the account Party C opens in Party B.
A/C Name: Beijing Haidian District Real Estate Management and Development
Co., Ltd.,
A/C No.: 2390001995
Clause 51 Agreement on clause 10
Party A has to repay the loan from the next month after getting the loan
according to month, the total repayment period is 72
installments.
Clause 52 Agreement on clause 11
Party A and Party B agree to adopt the first
repayment method confirmed in
clause 11.
Under the current interest rate, according to the first repayment method, the
interest on principal payable per month is RMB ___6,386.39
__.
Clause 53 Agreement on clause 12
Party A and Party B agree to adopt the first
repayment method stipulated in
clause 12.
Clause 54 Agreement on clause 17
The contents of the house Party A purchases with loan and offers as guarantee
is as follow:
|
Location
|
114#-404, Anheyuan, Tianxiu Garden , North Bank of Xiaoqing River, Haidian District
|
Land No.
|
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|||
|
Assessment Value (Yuan)
|
In capital |
RMB four hundred and ninety two thousand nine hundred and five only
|
In number
|
492,905.00 |
||
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Mortgage Land |
Area (㎡)
|
|
Use Period |
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Source
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State-owned Land Use Certificate No.
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Assessment Value
(Yuan)
|
In capital
|
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In number |
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Mortgage House
|
Present House Mortgage |
Construction Area (㎡)
|
115.76
|
House Property Certificate
No.
|
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Property Owner
|
LU Jihong |
House Co-ownership Certificate No.
|
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Public Area
|
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Public Owners and Shares
|
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Assessment Value
(Yuan)
|
In capital |
RMB four hundred and ninety two thousand nine hundred and five only |
In number |
492,905.00 |
||
|
Periodical House |
Construction Area
|
|
Property Owner
|
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Beijing Commercial House Interior (Exterior) Presales Contract No. |
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Assessment Value |
In capital |
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In number |
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Mortgager |
LU Jihong
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ID Card No.
|
350104680716001
|
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Guarantee |
Beijing Haidian District Real Estate Management and Development Co., Ltd. |
Mortgagee
|
China Construction Bank Beijing Xisi Sub-branch
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Mortgager Agent |
|
ID Card No. |
|
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Mortgager Agent |
ID Card No.
|
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Borrower |
LU Jihong |
Amount (Yuan) |
390,000.00
|
Usage |
House Purchase |
|
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Mortgage Rate |
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|
Mortgage Period |
From To |
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Article 55 Agreement on clause 19
Clause 56 Agreement on clause 23
Party A and Party B agree to adopt the third
method which is to repair and
renew pawn’s value.
Clause 57 Agreement on clause 30 item 3
Party A and Party B agree to adopt the third
method which is to repair and
renew pawn’s value.
Clause 58 Agreement on clause 38 item 1
The appropriated loan will be calculated interest as 5
hundred thousandth per
day.
Clause 59 Agreement on clause 38 item 2
The delayed loan will be calculated interest as 2.1
ten thousandth per day.
Clause 60 Agreement on clause 39
If Party B fails to provide debt to Party A on time, Party B shall pay penalty in
0.55
ten thousandth penalty rate per day according to the loan amount and
defaulting days.
Clause 61 Agreement on clause 44
Clause 62 Agreement on clause 45
The contract serves in five
copies.
Party A: LU Jihong(signature) Party B: China Construction Bank
Beijing Xisi Sub-branch(sealed)
Legal Representative or Authorized
Agent(signature):signature
Party C:
Beijing Haidian District Real
Estate Management and Development
Co., Ltd.(sealed)
Legal Representative or Authorized
Agent:HUANG Yuquan(signature)
