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.
Assessment Value (Yuan)	In capital	RMB four hundred and ninety two thousand nine hundred and five only	In number	492,905.00
Mortgage Land	Area (㎡)		Use Period
	Source		State-owned Land Use Certificate No.
	Assessment Value   (Yuan)	In capital		In number
Mortgage House	Present House Mortgage	Construction Area (㎡)	115.76	House Property Certificate   No.
		Property Owner	LU Jihong	House Co-ownership Certificate No.
		Public Area
		Public Owners and Shares
		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
		Beijing Commercial House Interior (Exterior) Presales Contract No.
		Assessment Value	In capital		In number
Mortgager	LU Jihong	ID Card No.	350104680716001
Guarantee	Beijing Haidian District Real Estate Management and Development Co., Ltd.	Mortgagee	China Construction Bank Beijing Xisi Sub-branch
Mortgager Agent			ID Card No.
Mortgager Agent			ID Card No.
Borrower	LU Jihong		Amount  (Yuan)	390,000.00	Usage	House Purchase
Mortgage Rate
Mortgage Period	From                    To

 

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)