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1、精品 料推荐Contract No.:Xi an City Real Estate Mortgage ContractParty A (Mortgagor):Address:Telephone:Party B (Mortgagee):Address:Legal Representative (or Entrusted Agent):Telephone:Supervised by Xi an Municipal Housing Administration Bureau1精品 料推荐Party A: (Mortgagor):Party B: (Mortgagee, Creditor of Loa
2、n Contract):In order to ensure the fulfillment of loan contract whose No. issigned byParty B andon(hereafter referred as loan contract), Party A is willingto mortgage his house. Through verification,Party B agrees to accept Party Ashousing mortgage. According to relevant lawsand regulations, Party A
3、 and Party Benter into this contract withconsensus, and both parties are willingto abide byfollowing clauses.Article 1: Mortgaged HouseThe house mortgage by Party A is located in. Concretecondition of mortgaged house is subject to Appendix of this contract “Inventory of Mortgaged House”.Article 2: S
4、et Other Rights Condition of HouseThe mortgaged house provided by Party A whether has been mortgaged for other creditors right or not. No (Yes/No). And loan amount of security guarantees is:RMB (in words) 10,000. Party B agrees to mortgage the rest part of the house value which is larger than mortga
5、ge creditors right.Article 3: Value of Mortgaged HouseThrough appraisal of the house, mortgage value of the real estate is:RMB (in words)10,000. (Subject to Appraisal Report)Article 4: Amount and Term of Principal Creditors RightLoan amount of mortgaged real estate provided by Party A is:RMB (in wor
6、ds)Loan term is fromto.Article 5: Mortgage Security Guarantee RangeThe security guarantee range of this contract includes principal, interest, penalty, compensation and fees to realize mortgage right. Interest and penalty shall be calculated according to stipulation of this contract.Article 6: Occup
7、ation and Management of Mortgaged House1. The house will be occupied and managed by Party A during mortgage term. Party A shall keep the house safe and in good condition during the period he occupies and manages the house. Party B has right to supervise and check management condition of mortgaged ho
8、use.2精品 料推荐2. When the value of mortgaged house is insufficient as guarantee of debt due to Party As fault, Party B has right to ask Party A to provide new mortgage or increase mortgage to make up the loss.3. If the mortgaged house is damaged or destroyed, Party A shall inform Party B in time and ad
9、opt steps to prevent the extension of loss. The compensation or assets got form the damage or destroy shall be mortgaged property.4. Party A shall not dispose the mortgaged house in the manner of grant, rent, transfer, etc. without written approval of Party B during mortgage term; if Party A approve
10、 in written form, the profit got from house transfer shall be prior to repay the debt to Party B.Article 7: Insurance of Mortgaged HouseParty A and Party B do or do not enter into agreement on insurance. (Yes/No). If the house is insured, Party B shall be first beneficiary, and the insurance policy
11、shall be kept by Party B.Article 8: If any of the following occurs, Party A shall inform Party B in time1. The mortgaged house is listed in removal range.2. The mortgaged house is damaged or destroyed.3. The ownership of mortgaged house is altered significantly or triggers controversy.4. The mortgag
12、ed house is sealed up or is frozen.5. Party As business mechanism is changed, such as shareholding reform, affiliated operation, merge, etc.6. Other conditions stipulated by both partiesArticle 9: Disposition of Mortgaged House1.If any of the following occurs, Party B has right to dispose the mortga
13、ged house:(1) When loan term expires, Party A does not pay off the debt, and borrower fails to reach renewal agreement with Party B.(2) Party A is declared to dissolve, bankrupt or die.(3) Party A disposes the house arbitrarily.(4) Other conditions stipulated by both parties.2. Disposition manner of
14、 the house can be discounted, auctioned, sold through mutual negotiation. The profit got from disposition of the house shall be prior repay to Party B. If the profit is insufficient to repay debt, borrower shall repay the rest part; the rest part after repaid to Party B shall be possessed by Party A
15、.3. The capital obtained from disposition of mortgaged house shall be distributed in following sequence:3精品 料推荐(1) To pay the fees of disposition of the house;(2) To deduct payable fees and tax of mortgaged house;(3) To repay loan interest, principal and penalty;(4) To compensate Party B for his los
16、s due to borrower sbreaches of this contract. Article 10: Legal Liabilities1. Party A promises that there is no dispute of the house ownership. If Party A conceals the condition of co-own, ownership disputes, or seal up of the house, Party A shall assume the legal liability. Party B has right to rec
17、over the loss from Party A.2. If Party A disposes the house in the manner of rent, sale, exchange, grant or other manners, the action is invalid; if the disposition causes loss of the third party, Party A shall compensate the third party.Article 11: Application of Laws and Resolution of Disputes1. T
18、his contract is made in accordance with laws of the Peoples Republic of China, and it is applying to laws of the Peoples Republic of China.2. If a dispute arises when both parties perform this contract or dispose the mortgaged house, it can be solved through negotiation. If the effort fails, they ca
19、n bring a suit to court.Article 12: Alteration, Termination and Annulment1. If the mortgaged house is listed in removal range, the real estate as removal compensation or compensatory payment shall be mortgage property (subject to Article 26 of Administrative Regulations on Urban House Removal). Part
20、y A and Party B shall reset mortgage house through negotiation; also they can settle the debt to terminate the contract.2. Party A and Party B shall alter this contract if they change or increase mortgaged house due to damage or destroy of house or decrease of house value.3. During mortgage term, Pa
21、rty A and Party B can change mortgaged house through consensus.4. During contract term if borrower repays off the debt or Party B gives up creditors right, this mortgage contract terminates.Article 13: Registration, Alteration Registration and Cancellation Registration1. Party A and Party B shall co
22、nduct real estate mortgage registration in Xi an Municipal Real Estate Transaction Center with loan contract, this contract and relevant materials within 30 days after house mortgage contract is signed.2. Real Estate Mortgage Contract will come into effect from the day of mortgage registration.4精品 料
23、推荐3. Both parties shall conduct mortgage alteration or cancellation registration in Xian Municipal Real Estate Transaction Center within 15 days after the mortgage contract is altered or terminated.Article 14: This contract is in quadruplicate, one for Party A, one for Party B, one for lender and on
24、e for Xian Municipal Real Estate Transaction Center.Article 15: Other items stipulated by both parties:Party A: (signature and seal)Legal representative of entrusted agent: (signature and seal)Party B: (seal)Legal representative of entrusted agent: (signature and seal)Signed onAppendix: Inventory of
25、 Mortgaged House5精品 料推荐Inventory of Mortgaged HouseHouse locationReal estate ownership certificate and No.:Construction aream2Land use areaOrdinary commercialManner to get land use rightUsagehouseStructureLand use termyearsHouse exploitationRentTotal storey of houseResidenceconditionOtherInstruction of concrete condition of mortgaged house:Remark:Party A: (signature and seal)Party B: (seal)6