中英文翻译模板-个人购房担保借款合同(农行)
Individual Mortgage Loan Contract for Purchasing
Commercial Housing
Agricultural Bank of China
GF Zi No.12105200500001133
Creditor (Mortgagee): Tianjin Jinbin Branch of Agricultural Bank of China, Debtor (Purchaser): HUANG Wenya
Mortgager: HUANG Wenya
Guarantor: HUANG Wenya (sealed)
In accordance with relevant state laws and rules, the contract is made after negotiations between the both parties.
Loan items
Article 1. Loan money:
The debitor provides loan to the creditor to purchase the residential house. The contracted loaning amount: RMB One Hundred Eighty Thousand (￥180,000).
Article 2. Loan purpose:
To purchase the housing locate in Room 402, Gate 2, Building 6, No.3, Guangda Street, High-tech Zone with an construction area of 121.3 square meters.
The contract number of the debtor:
The property certificate number: KF Zi No.140014608
Article 3. Loan period
The loan term is 180 months, from Jan. 25, 2005, to Jan. 24,2020
Article 4. Loan interests
1. Loan interests: (annual) interest 6.12‰ at the standard interest rate issued
by the Bank of China. In the event that the Bank of China adjusts the interest rate of the loan, from Jan.1 the next year, the debtor performs the interest payment according to the new loans confirmed by the floating scope between the adjusted standard interest and the lending rate agreed in the contract. It will not notify the debtor, the guarantor and the mortgager again.
2. If the borrower doesn’t refund the loan in accordance with the contract,
from the overdue time, the lender has the right to call for additional money as penalty until the corpus and interests are paid off. Following the 1st measure will be complied with.
(1) Take Two point One ten-thousandths interests of money as penalty per
day
3. The creditor has the right to call for percent raising money as penalty
at the basis of the annual interest rate stipulated in the contract. In the event that the Bank of China adjusts the interest rate of the loan, the loan rate under the contract shall comply with the relevant regulation from the day of adjusting rate.
4. If the borrower does not use the money according to the purpose stipulated
in the contract, the lender has the right to call for One Hundred percent raising money as penalty at the basis of the annual interest rate stipulated in the contract. In the event that the Bank of China adjusts the interest rate of the loan, the loan rate under the contract shall comply with the relevant regulation from the day of adjusting rate.
Article 5.
Under the circumstances that the following conditions are not achieved, the lender has the right not to provide the loan stipulated in the contract.
1. The borrower shall offer relevant documents, materials and credence in
accordance with the requirements of the lender. And the borrower shall
handle the relevant procedures.
2. The purchasing money of the first period and the money related to the
contract have been paid off.
3. If the contract has a guarantor and the procedures of relevant
registration and/or insurance have been settled in accordance with the requirements of the borrower, this guarantee keeps effective.
4. The borrower, the guarantor and the mortgager don't make any
disadvantageous matters which will affect the safety of loan.
Article 6. Transferring methods:
The borrower opens an account in the lender’s bank. The account name is HUANG Wenya, The account number is The opening bank is Tianjin Jinbin Branch of Agriculture Bank of China. The card number is 9559980020264672419.The contract agrees to give the loan following the 2nd measure.
1. The debtor irrevocably accredits the lender to transfer the money to the above settle account, then transfer to the house seller .(Opening Bank ),(Account number ), to pay the money agreed in the contract of purchasing house.
2. The borrower irrevocably accredits the lender to transfer the money to the account of the house seller Li Yue (Opening Bank Tianjin Jinbin Branch of Agriculture Bank of China. ) (Account number 02-120201101508587 ),
Article 7 Loan payment
1. The borrower pays the principal and interest of the load under this
contract in 180 stallments, every one month being one installment at the day of borrowing (20days/day of borrowing). If there is not the day of borrowing, the payment day is the last day of every month. The borrower and the lender agree to return the load according to the method of equal capital and interest payment.
(1) Equal capital and interest payment.
(2) Equal capital descending payment.
(3)Other methods of payments
2. If picking up the equal capital and interest payment, the borrower shall pay the money of RMB One Thousand Four Hundred and Fifty-seven Yuan Ninety Eight Cents,(￥1457,98)
Article 8 Prepayment
1. If Borrower needs to refund in advance, it shall note Lender one month
before refund day and the notice is irrevocable upon delivery. On the precondition that the borrower promises to refund the money agreed in following item 2 due to breach of contract and the premises that the borrower abides by the prescription of prepayment, the lender may agree prepayment.
2. If the borrower has prepayment within days after the real day of loan
send out, it shall pay percent of the capital as the money of breach to the lender in advance.
Article 9 Change of payment time
If the borrower wants to change the payment time, he shall submit a written application to the lender 30days in advance. After the approval of the guarantor and the mortgager, the borrower can sign the agreement of the changing of the limit time and handle relevant insurances and guarantee procedures.
Article 10 Transfer of creditor's rights and debt
The borrower can transfer the rights and interests to the third party without the permission of the lender, guarantor and the mortgager.
Article 11 Borrower’s declaration and guarantee
Article 12
Between the time of signing and the time of distributing money, if the borrower and the house seller have disputes about the rights and quality of the house, or it occurs some matters that may cause the borrower incapable of paying money, the lender has the right to terminate the contract.
Guaranty of the Loan
Article 13 Premises Guarantee
The scope of mortgage is principal and interest of loan punished interest and the cost of real claims.
Article 14 Mortgage Guarantee
1. The mortgager voluntarily mortgager the following belongings Room 402, Floor 2, Building 6, Guangdajie Yixinyuan Development Zone (See the list of the real estate mortgage number: 12105200500001133) The above guaranty is an integral part of the contract.
2. The above guaranty is RMB Three Hundred Fifty Thousand yuan only at the moment.
3. The scope of mortgage include the capital, the interest, the fine, compound interest, the money of breach of the contract, the compensation for damage of loan and all the fees that realize the creditor’s rights.
4. The declaration and guarantee of the mortgager
5. The efficacy of mortgage rights
6. The control and management of the guaranty
7. The insurance of the mortgage
8. The registration of the mortgage
9. The realization of the mortgage rights
The duties of breach of the contract
Article 15 Duties of the debtor
When the Mortgager fails to pay the principal, interest and relevant expenses in full amount on time or fails to wholly perform its states or warranties under the contract, it will constitute a breach of contract. The mortgager shall pay the money of breach of the contract according to the quantity and the delaying days.
Article 16 Duties of the creditor, the guarantor and the mortgager
When the Mortgager fails to pay or fails to use the loan, the lender has the right to call for fines and compound interest according to the contract.
Article 17 If the borrower gets the creditor’s rights through the lawsuit and arbitration caused by the lender’s breach of the contract, the lender bears the lawsuit, lawyer and outgoing fees expended by the borrower.
Other items
Article 18. Where the dispute fails to reach agreement between the buyer and the seller, there is not any effect on the promise, guarantee, obligation and duties of the lender, guarantor, and the mortgager.
Article 19.If the Contract is related to two borrowing members, they together bear the duties to discharge all the debt.
Article 20. Fees charging
Article 21. Dispute settlement
When there is dispute during the time of the fulfillment of the contract, it can be settled through negotiation, or it can be solved following the 1st measure.
1. Lawsuit, accepted by the court where the borrower is.
2. Arbitrary. Submit (Name of arbitration dapartment) and arbitrate according to its rules.
Article 22 Other agreement
Article 23 Coming into effect
Article 24 The contract has 5 copies, every party holds one. One is for the real estate administration, one is for the notarization department.
Article 25 Clues
The borrower has asked the creditor, guarantor and the mortgager to make a full and correct understanding of all the items in the contract.
Debtor: HUANG Wenya (signature)
Name of certificate: ID Card
ID No.120107*********
Address: Room 402, Floor 2, Building 6, Yixinyuan Development Zone Code: 300457
Telephone: 135********
Guarantor: (signature)
Legal representative:
Name of certificate:
ID No.
Address:
Code:
Telephone:
Mortgager: HUANG Wenya (signature)
Legal representative:
Name of certificate: ID card
ID No. 120107*********
Address: Room 402, Floor 2, Building 6, Yixinyuan Development Zone Code: 300457
Telephone: 135********
Creditor (mortgagee): (signature)
The charger/the representative: Tianjin Jinbin Branch of Agriculture Bank of China(sealed)
Telephone:
Guarantor: (signature)
Legal representative:
Name of certificate:
ID No.
Address:
Code:
Telephone:
Mortgager: (signature)
Legal representative:
Name of certificate:
ID No.
Address:
Code:
Telephone:
Signing date: Jan.17, 2005 Signing site: Agricultural Bank of China, Tianjin Jinbin Branch
List of Mortgages Mortgager: HUANG Wenya
Mortgagee: Agricultural Bank of China, Tianjin Jinbin Branch