房屋抵押借款协议(私人)

私人房屋抵押借款协议

出借方: (以下简称甲方)

承借方: (以下简称乙方)

现甲方借款给乙方,为避免不必要有损失和风险,约束双方共同遵守

诚信,现甲、乙双方一起协商同意,并签订以下借款协议。

一、借款金额、利息及期限:

甲方一次性借款现大写人民币:元

(小写人民币 元)给乙方,借款期限为(年 月月日)。借款利息 元。期满,乙方应一次

性将借款归还甲方。

二、其它事项:

为了该协议更充分的具有法律效力,乙方自愿把座落在

/住房)抵押给甲方,由乙方负责办

理好抵押登记手续。房产证号为:,

房屋座落在 ,共 层,建筑面积 M2,,座落于 2,甲乙双双

方借款协议,通过公证处公证。如乙方在借款到期内,没有归还甲方 乙方自愿将座落在由

甲方拍卖,如拍卖,甲方有优先购买权,甲方如未购买,所得拍卖款

由甲方优先受偿,乙方不得有异议,乙方不按期还款自愿接受依法强

制执行。此协议一式三份,双方特各执一份、公证处留有一份,双方

在公证处公证下签字生效,具有绝对法律效力。

附借条

借 据

今借到 人民币 万元整,期限壹年,是实。本借据连同协议一起生效。

甲方签字: 乙方签字:

身份证号码: 身份证号码:

公证处签字:

借款人:年 月 日

合同编号: 房屋抵押借款合同

抵押人(即借款人,以下简称甲方):

_____________________________________________

住址:

______________________________________________________________________

身份证号码:

________________________________________________________________

抵押权人(即贷款人,以下简称乙方):

___________________________________________

住址:

______________________________________________________________________

身份证号码:

________________________________________________________________

甲方因________________________________,向乙方申请借款,双方经协商一致同意,甲方以其所有的财产 (以下简称甲方抵押物),作为借款抵押物抵押给乙方,由乙方提供双方商定的借款额给甲方。就有关事项订立如下协议:

第一条 乙方向甲方借款金额为 人民币:______________________(¥:

___________)。

第二条 债务履行期限:自________年 ________ 月________ 日起至________年________ 月 ________日止。共计: ________年。期限届满之日清偿。

第三条 甲方以位于

________________________________________________________,(权证号

为 ),房屋建筑面积 ,自有房屋做抵押,向乙方提供担保 ,本约抵押借款的房屋应向政府主管机关办理抵押权设定登记(即办理房屋他项权利证)。并于办妥抵押权设定时,甲方应将全部借款一次交付与乙方。(担保范围:本金、利息及违约金)

第四条 本约办妥抵押权设定登记后,其房屋所有权、他项权利证明书及设定契约书均由乙方收执。

第五条 本约办理抵押权设定登记,所需的印花税、登记费及代办费均由甲方负担。

第六条 借款利率:按照中国人民银行同期存款利率执行。

第七条 甲方保证在合同规定的期限内按期还本付息。否则乙方有权处置抵押物。

第八条 抵押期限自本合同生效之日起至甲方履行完毕本合同止。

第九条 本约期限届满前后,若乙方还清借款时,甲方应会同办理抵押权注销登记,不得借词刁难或故意拖延,若甲方届满不清偿,乙方得依法申请法院拍卖抵押的不动产土地。

第十条 签订本合同后,甲方未经乙方同意不得将抵押物出租、出售、转让、再抵押或以其他方式处分。抵押期间抵押物不受甲方破产、资产分割、转让等影响,如乙方发现甲方有违反本条款的情节,将处置抵押物。

违约责任

第十一条 乙方如因本身责任不按合同规定支付贷款,给甲方造成经济上的损失,乙方应负责违约责任。

第十二条 甲方如未按合同规定归还借款,乙方有权向有管辖权的人民法院申请拍卖抵押物,用于抵偿借款本息,若有不足抵偿部分,乙方仍有权向甲方追偿。直至甲方还清乙方全部贷款本息为止。

第十三条 甲方到期不履行义务,乙方可根据《民诉法》第一百六十八条规定,直接向有管辖权的人民法院起诉。

第十四条 本合同一式三份,甲方持一份、乙方执一份,房产交易中心办抵押权证一份。

第十五条 签章生效

本合同各方已详读及同意遵守本合同全部条款。

甲方:________________________________________________________

乙方:________________________________________________________

____________ 年____ 月____日

 

第二篇:房屋抵押借款合同-华夏译文

Mortgage Loan Contract of Personal House

Cathaysian Bank Limited Company

Mortgage Loan Contract of Personal Housing

Number: NJ020291021100048

Part A (borrower) (mortgagor):

Style and Number of Certificate: 32xxxxxxxxxxxx

Residence: (看不清)

Postal Code: 215000

Residence Phone Number: 65214808

Working Unit: Suzhou Duo Wang Trading Limited Company

Unit Phone Number: 63019877

Cell Phone Number: 139xxxxxxxx

Part B (lender) (mortgagee): Suzhou Branch of Cathaysian Bank Limited Company Residence: No.1296 Ganjiang West Road

Postal Code: 215000

Legal Representative/Main Chief: Zheng Chao

Phone Number: 68081250

Fax: 68257389

Part C (guarantor): Jiangsu Chang Jiang Energy-Saving Industry Development Ltd. Residence: Tian Ling Road 25# Wu Zhong Economic Development Zone, Suzhou Postal Code: 215000

Legal Representative: Yang Weigang

Phone Number: 65685999

Fax: 65685999

Part A applys for housing mortgage loan from Part B. After reviewing, Part B agrees to provide Part A with loan of a certain time as part of the purchase Part A is supposed to pay which is mentioned in Article 1 in this contract. Part A agrees to mortgage the housing estates to Part B as the guarantee of Part B repaying the loan in this contract. Part C voluntarily and irrepealably bears the related guarantee responsibility. Three parts make this contract through equal consultation according to Property Law of the People's Republic of China and relevant provisions of other laws and regulations. Article 1 Application of Loan

1.1 The loan under this contract can only be used by Part A to buy the No. 1304 house

located in the third floor Number 112 Street …(看不清) District Wuzhong Suzhou whose area under the contract is 211.88 square meters according to Number 201005220008 contract “Contract of Commodity Real Estate Purchasing” signed by Part A and the house seller Jiangsu Chang Jiang Energy-Saving Industry Development Ltd on May 22, 2010. And Part A can not change the application of the loan under this contract without authorization.

1.2 If the house is second-hand house that has already gained Estate Authority Card,

the code of Estate Authority Card is:

Article 2 Amount, Period and Interest Rate of Loan

2.1 The loan amount under this contract is RMB (capital) , namely 49.62 percent

of the total purchase of the house Part A buys.

2.2 The loan period under this contract is , from May the 31st. 2010 to May the 31st 2020. The time limit of practical loan takes loan note as the standard, which constitutes this contract and has the same legal effect with this contract.

2.3 The interest rate of the loan under this contract is annual interest rate 6.534%, and the interests are to be calculated from the day the loan is issued.

2.4 If during the period from the day the contract is signed to the day the loan is issued, People’s Bank of China happens to adjust benchmark interest rate, interest rate in this contract is executed based on benchmark interest rate of the same class after adjustment according to the floating proportion provided by Article 2.5 in this contract; if People’s Bank of China happens to adjust accordant benchmark interest rate of loan after the loan is issued, dispose as follows:

The interest rate of this contract does not change; the interest rate of this contract is to be put into use from the first interest-paying day or repay day after interest rate adjustment; the interest rate is adjusted annually, and the interest rate after adjustment is to be put into use from the first interest-paying day or repayment date of next year.

2.5 While adjusting according to Article 2.4, the loan interest rate is defined based on the accordant benchmark interest rate after being adjusted by People’s Bank of China, floating upward by 10%.

2.6 If the loan interest rate changes, punishment interest rate under this contract makes automatic change accordingly, and is to be applied together with the loan interest rate under the contract, being calculated in section.

2.7 Part B does not need to apply for the permission of Part A according to the adjustment based on the provisions above.

Article 3 Release of Loan

3.1 Only if the following requirements are all met, Part B is amenable to release the loan under this contract;

3.1.1 Part A has provided Part B with the original copy of purchase contract and indispensible materials as well as files related to applying for loan, and Part A has paid 50.38 percent of the total purchase;

3.1.2 Part A has opened an account at Part B for the loan and repay under this contract;

3.1.3 Part A has paid off all the expenses that are supposed to be undertaken by Part A regulated in the contract;

3.1.4 If Part B requires to go through the insurance procedures of the bought commodity house, Part A has finished it according to this contract, and the original copy of insurance policy has been given to Part B to safeguard;

3.1.5 The mortgage registration regulated in Article 5.2 has been finished;

3.1.6 All other conditions Part B requires have been reached;

3.2 Part A’s released payments without meeting the requirements above do not constitute contract defects of Part B;

3.3 Part A here irrevocably empowers Part B to put all the loans into the following account:

The following accounts that the house seller points (Name: Jiangsu Chang Jiang

Energy-Saving Industry Development Ltd.; Opening Bank: Hua Xia Suzhou New District Branch; Account Number: 4170400001819100089189) is to used to pay Part A’s housing purchase regulated in the first article of this contract.

3.4 As soon as the loan under this contract is released, any dispute between Part A and the house seller concerning the bought commodity house has no relevance to Part B, and each part should perform his obligations under this contract.

Article 4 Return of Loan Compound Interest

4.1 The return way of loan compound interest under this contract is:

Average capital plus interest method repays capital with interest by the period. Part A repays loan principal and interest with equal amount in each period, but the repaid amount at beginning and ending stage is calculated based on practical loan days, the

房屋抵押借款合同华夏译文

calculation formula of which is:

….(算式格式打不出来)

The repay day of average capital plus interest method repaying capital with interest by stages is:

To repay capital with interest by months, and the repayment dates are 20 days every month with the last repayment date being the deadline day of the contract; to repay capital with interest in three months, and the repayment dates are 20 days every three months with the last repayment date as the deadline day of the contract.

Average capital method repays capital with interest by stages. Part A repays loan capital in equal portion at each stage, loan interest being decreasing with capital. But the beginning stage and the ending stage are calculated based on practical loan days, the calculation formula of which is:

Payment of Each Period=Loan Capital / Total Periods of Repayment + (Loan Capital - Accumulative Repaid Loan Capital) ×Interest

The repayment date of average capital method repaying capital with interest by stages is:

To repay capital with interest by months, and the repayment dates are 20 days every month with the last repayment date as the deadline day of the contract.

To repay capital with interest in three months, and the repayment dates are 20 days every three months with the last repayment date as the deadline day of the contract. Etc.

4.2 While adopting the method of repaying capital with interest by times, Part A should paid off loan capital with interest by times according to the sequence, time and sum defined by repayment planning table in the formula above.

4.3 Part A promises to deposit the sum that he repays capital with interest in full amount in that month into his account he opens at Part B (number: 62226302920012452) before the repayment dates of each month; at the same time, Part A empowers Part B to transfer repayment capital with interest from the account mentioned above during the repayment days of that month.

4.4 If Part A does not repay the loan capital with interest and all the sum that should be paid in full amount on time, Part B has right to directly detain related sum from any account (including fixed deposit account) that Part A opens at all the business organizations of Hua Xia Bank Ltd.. When Part B detains sum from fixed deposit account of Part A, Part B calculates and handles in accordance with the regulations concerning withdrawing in advance by Savings Management Regulations; after compensating for loan capital with interest, if there is sum left, Part B is supposed to open new account bill according to original saving date, original interest rate and original opening day or pay cash to Part A. Thus, the interest loss is undertaken by Part A himself.

4.5 When Part A repays ahead of time, he should applies literally to Part B five working days early for Part B’s agreement in written form and then manage it in the following way:

Part B calculates and receives interest according to mortgage interest rate and practical days of using the sum regulated in this contract; and the part that is not repaid in advance is to be conducted according to changed regulation.

Besides calculating and receiving interest according to loan interest rate and practical days of using the sum regulated in this contract, Part B charges compensation based on … percent of prepayment amount; but the maximum amount does not exceed prepayment amount×loan interest rate regulated in this contract/360×days in advance.

Article 5 Mortgaged Property and Mortgage Registration

5.1 Part A voluntarily provides Part B with mortgage as loan guarantee under this contract with the real estates (“mortgaged real estates” shortened in following text) listed in the first term of this contract.

5.2 Before releasing loan under this contract, according to provisions of related laws, regulations and relevant mortgage registration institution, providing that the mortgage under this contract meets the conditions of managing real estates mortgage registration / mortgage registration of real estates purchased in advance / pre-registration of mortgage right, both Part A and Part B should go to legal registration institution together to manage corresponding mortgage registration within one working day before releasing loan.

5.3 According to the regulation of Article 5.2, if the mortgage under this contract merely makes the registration of real estate purchased in advance or that of forecasting mortgage right, Part A should give the original copy of the contract Part A signed with house seller to Part B before the release of loan under this contract; after finishing the titles of ownership, Part A should give them to Part B or the law office Part B pointed within … days to go through the formalities of real estate, house purchase contact returned to Part A.

5.4 After mortgage registration has been finished, other real estate warrants are to be delivered to Part B. After all the obligatory rights that Part A owns Part B have been paid off, Part B should aid Part A to go through mortgage registration cancellation formality.

5.5 Through permission of Part B literally, Part A can transfer mortgaged real estate,

and the sum from transferring should be used to pay off loan principal with interest of Part A under this contract.

Article 6 Insurance

6.1 If Part B requires to go through insurance formality for the mortgaged real estate, Part A should go to the insurance company Part B accepts to handle the procedures before the release of loan under this contract. And the insurance amount should not be less than the loan principal under this contract; the insurance period should not be shorter than the time limit of the loan under this contract.

6.2 The first beneficiary or the insured of insurance bill should be Part B; and the sort, time limit and amount of insurance should be permitted by Part B.

6.3 It should be clarified in the insurance bill that insurance company can not pay Part

A any insurance compensation before the interests of Part B are compensated.

6.4 Before the loan principal with interest and other amounts to be paid being paid off, Part A can not cease the insurance above by any reason. If Part A ceases the insurance, Part B has the right to take out an insurance policy instead of Part A and all the expenditure should be paid by Part A; Part A has to take all the responsibilities concerning this without any condition, and Part B has the right to require compensation from Part A.

6.5 Part A should pay the expenditure handling the insurance above in time, and agree to hand the original copy of the insurance bill to Part B within the period of validity of this contract.

6.6 If the mortgaged real estate that has already insured meets insurance accidents, Part B has priority to take back all loan principal with interest and other payment that Part A owns Part B in advance from insurance compensation. If the insurance compensation is not enough to pay off the payment Part A owns, Part B has the right to recoup from Part A till all the amount Part A owns is paid off; if the insurance compensation is enough to pay off the payment Part A owns, this contract has not no more validity after Part B has been paid off, and the insurance compensation left is to be returned to Part A.

Article 7 Punishment of Mortgaged Property

7.1 If Part A does not pay the loan and any amount in due according to this contract or does not abide by any term of this contract or there appears any default event, Part B has right to inform Part A and exercise mortgage right, including but not confined to:

7.1.1 The right to consult with Part A to mortgage real estate discount or to sell real estate at auction, and be compensated by the amount which is got from it.;

7.1.2 The right to request People’s Court to sell the mortgaged fortune at auction or to dispose of it, and has priority in compensation at the amount which is got from it;

7.1.3 The right to rent all or part of the mortgaged real estate legally in the rent, lease term and condition Part B thinks appropriate and is compensated by the rent and profit.

7.2 The payment Part B get from renting, selling or punishing this real estate according to this contract is to be paid off obligatory right of Part B in the following sequence: the expenditure to realize obligatory right or warrant right, damage

compensation, default penalty, compound interest, overdue interest and punishment payment, interest, capital. Part B has right to change the sequence above.

7.3 After deducting the amount above, if there is spare amount, Part B has to return it to Part A; if it is not enough to pay off all the obligatory rights, Part B has right to claim compensation from Part A.

Article 8 Warrant

8.1 Part C voluntarily and irrevocably takes joint warrant responsibility for all of the loan principal, interest, punishment interest, compound interest, default penalty, damage compensation, the expenditure to realize obligatory right and warrant right and other amounts Part A is due to pay.

8.2 The warranted choices under this contract:

Stage guaranty: Part B takes joint warrant responsibility for all the amount Part A is due to pay from the beginning day Part A is due to loan principal with interest to the day Part A finishes the procedure of handling house ownership certificate and house mortgage registration.

Whole course guaranty: Part C takes joint warrant right for all the amount Part A is due to pay which is regulated by this contract from the beginning day Part A is due to loan principal with interest to the day all the payment is paid off.

8.3 The warrant period: two years from the day Part A is due to pay the loan principal with interest each time which is regulated by this contract.

8.4 If there exist other warrants (including but not confined to the warrant for house mortgage, etc. the main contract debtor provided to Part B) apart from the warrant Part C offers, Part B has the choice to require Part C to take the warrant duty first. The warrant duty Part A own Part B is not affected by any other warrant, and his undertaking of warrant duty is also not based on the situation that Part B claims his right or exercise litigation, arbitration or enforcement to Part A or others. If Part B forgives, changes the material warrant of Part A and changes the sequence of warrant by any reason, which causes that Part B’s prior beneficiary right is lost or lessened, Part C agrees to take the warrant responsibility under this contract without any change.

8.5 Part C empowers Part B to directly deduct the amount Part C is due to pay from any account of Part C at all the business organizations in Hua Xia Bank Ltd after the emergence of the accident which is due to be taken joint warrant responsibility by Part

C regulated by this contract.

Article 9 Rights and Duties of Part A

9.1 Part A has right to require Part B to release loan according to this contract.

9.2 Part should return the loan principal with interest according to this contract. Part A promises to pay all the expenditures of registration, insurance, notarization, identification and assessment under this contract as well as the warrant contract.

9.3 Part A should provide truthfully his personal profession, income, expenditure, loan, warrant and the situation of economic disputes between him and others.

9.4 Part A should inform Part B literally within three days after the emergence of

deterioration of personal or family income which heavily affects repayment ability.

9.5 Without the literal permission of Part B, Part A can not transfer, remortgage, counter debt, grant, abandon all or part of the mortgaged real estate under this contract or handle it in other ways. If Part A rent this mortgaged house property, he is supposed to inform Part B with the rent situation within ten working days.

9.6 Part A permits Part B to enter the mortgaged house property and operate necessary inspection at the right time after previous information.

9.7 Part A promises not to refuse to perform repay duty by reason of the disputes between Part A and Part C/developer, house seller and other any third part.

9.8 Part A promises to inform Part B in time in case that any litigation, arbitration or administrative punishment should probably exert harmful affect to the mortgaged real estate and/or the obligatory right of Part B.

9.9 Part A empowers Part B or the law office that Part B pointed to go through the mortgage registration formality of the house property with this contract, house purchase contract, letter of attorney and other documentary evidences, the expenditure needed being undertaken by Part A.

9.10 Part should adopt all measures and signs all related files as the reasonable requirements of Part B to ensure Part B’s mortgage right and benefit under this contract.

9.11 Part A agrees that if the mortgaged real estate is devalued by any some reason and it can not be or is not enough to be the warrant of performing duty, he will offer new warrant according to Part B’ requirement.

9.12 If Part A changes his name, residence, mailing address, phone number, etc, he should inform Part B literally within seven days since the change.

Article 10 Rights and Duties of Part B

10.1 Part B has right to know such situations as profession, state of income and expenses, exterior liability, providing warrant and economic disputes with others of Part A.

10.2 Part B has right to type the personal information (including name, gender, certificate number, profession, working unit, educational background, marital status, income, property status and other personal information that can reflect the credit status of Part A) Part A offers and related loan situation (including loan amount, loan time limit, loan release time, loan warrant statue, loan purpose, loan repay status, etc.) in banking supervision department, People’s Bank of China and other personal credit information systems or faith systems which are established and admitted by financial supervision institution.

10.3 Part B should release loan to Part A according to the contract and put this amount into the account that the house seller pointed as the house purchase payment of Part A. 10.4 When the situation appears that Part A can not repay loan principal with interest and relevant amount, Part B has right to claim compensation from any one between Part A and Part C.

10.5 After Part A having paid off the loan principal with interest and other amounts under this contract and having performed all the other duties under this contract, Part

B should go through the cancellation formality of the mortgaged house property, and

return all the house certificate ownership and the original copy of insurance bill and other documentary evidences to Part A.

10.6 Part B should keep the profession, income, expenses, loan, warrant and the situation of the economic disputes between Part A and others that Part A offers secret, excepting for those the law provides otherwise.

Article 11 Rights and Duties of Part C

11.1 Part C promises to be legal unit that is registered according to law and exists validly, owning the qualification of guarantor regulated by law. And the sign of this contract has been permitted by the superior department of Part C or such departments of authority as the board of directors and board of shareholders of Part A and has already gain all necessary empowerments.

11.2 If Part does not abide by this contract to repay any period of loan with interest and other amount in due on time and in full amount, Part C should perform repayment obligation within five days since having been informed by Part B; or else, Part B has right to deduct corresponding amount from any account it opens at Part B; Part C here gives up the defense for asking Part B to realize the mortgage right under this contract in priority.

11.3 Part C promises that Part B has right to supervise its funds and property status, and to require it to offer financial statements and other relevant materials truthfully. 11.4 If Part C is the house seller under this contract, it needs to undertake the responsibilities as follows:

11.4.1 Part C agrees that Part A has mortgaged all the rights and interests of the contract as well as the house property itself to Part B according to this contract; admits that Part B owns the mortgage right of the mortgaged house property before Part A has paid off all the loan principal with interest and other amounts in due under this contract, and promises that this right is protected from anyone’s violation.

11.4.2 Part C promises to cooperate with Part B closely to smooth the procedure of every term of this contract. Part C promises to go through the house ownership in time and to hand it directly to Part C or the law office Part C points after the hose ownership is finished. And Part C will aid Part B to handle the mortgage registration formality of this house property in time to secure Part B’ interests.

11.4.3 Part C promises that if there emerges Part A returning the house property, changing the house property, transferring the house property or other or other situations that leads to termination of the contract, Part C will cooperate with Part B to take back all the loan principal with interest Part A owns it and other amounts in due in advance.

11.4.4 Part C’s performance of its warrant responsibility gains it the mortgage right, which empowers it to practice the sanctions legally in any equal or reasonable manner in order to compensate for the loss caused by paying off the loan principal with interest instead of Part A. Any dispute between Part C and Part A or the third part and loss caused by the management of this kind of mortgaged assets is irrelevant to Part

B.

Article 12 Default Responsibility

12.1 As soon as this contract comes into force, Part A, Part B, Part C all have to perform duties under this contract. Any part that does not perform or not completely perform it is breaching this contract and has to take the responsibility.

12.2 If Part A does not repay the loan principal with interest in due time according to the repayment date under this contract, the interest will be calculated based on a punishment interest rate which is fifty percent of the original interest regulated by the contract from the payment day. To the interest that can not be paid on time, a compound interest based on punishment interest rate is calculated and collected.

12.3 An overdue interest and compound interest is calculated and collected by the month if the loan under this contract is overdue.

12.4 If the default of Part A leads to Part B’s litigation in order to realize mortgage right, Part A should undertake litigation fee, arbitration fee, preservation fee, announcement fee, assessment fee, appreciation fee, auction fee, travel fee, attorney fee and other fees to realize obligatory right Part B pays.

12.5 If one of the following cases occurs Party B has the right to stop lending and to announce loan under this contract expires in advance, and the principal and interest of the loan will be recovered in advance, and has the right to dispose the mortgaged property\or to require the guarantor to bear joint guarantee responsibility:

12.5.1 Party A doesn’t repay the capital and the interest according to what has been stipulated in the contract.

12.5.2 Party A is announced to be missing、incapacitated、imprisoned, or party A has no heir、legatee、guardian、property custodian after his or her death, or his or her heir、legatee、guardian、property custodian is unwilling to or unable to perform this contract.

12.5.3 Party C does not implement the guaranteed responsibility as Party B has required due to merger, division, reorganization and restructuring; or can not perform the guaranteed responsibility as a result of being dismissed、closed、business license being revoked or cancelled、 liquidated、bankrupt、 closed due to court ruling or executive order.

12.5.4 Party A’s or Party C’s financial condition goes throng major changes, or the real estate、property or wealth is being under the threat of being sealed up、frozen、confiscated, but that threat can not be fully removed within 30 days science the occurrence of that threat, or the mortgaged property is fully or partly damaged or destroyed and the value is significantly reduced and is not remedied timely, Party B understands that Party A’s or party C’s capability of bearing the responsibilities stipulated in the contract is under threat;

12.5.5 Under any circumstance, if the mortgaged property can not get the register formalities from property management institutions or the relevant property management institutions refuse to provide register formalities, or Party B can not get formal documents witch will guarantee Party B’s mortgage rights under the contract;

12.5.6 Without Party B’s written agreement Party B without Party B’s authorization Party A has the set mortgaged property sold、transferred、exchanged、owed、donated、

lent、collocated and disposed in other ways, or has the mortgaged property rebuilt、demolished, or has the mortgaged property’s original usage nature and characteristics changed by other means;

12.5.7 Party A or\and Party B provide Party A with false information or hide important facts, which may or have already caused heavy losses to Party A;

12.5.8 Party A refuses or prevents Party B’s investigation of the mortgaged property; 12.5.9 The house seller can not transfer the usage right of the mortgaged house to Party B the date stipulated in the contract;

12.5.10 Party A or\and Party B have clearly announced or indicated through behaviors that Party A or\and Party B will not perform the responsibilities stipulated in the contract;

12.5.11 Party A’s debt default or the performance of other debt issues, witch prevent Party B realizing its creditor’s rights;

12.5.12 Other cases that Party B views as obstacles that affects the loan repayment; If there is any case stated in those items has occurred or cases may cause the stated cases occur have already occurred, Party A or Party B should contact party C in written forms;

12.6 Due to Party A’s or\and Party B’s breaking of the contract, Party B takes legal approach to realize the creditor’s rights, the defaulting party must pay the lawsuit feeds、layer feeds、travel feeds and other expenses Party B spend in realizing its creditor’s rights;

Article 13 The Taking Effects of the Contract

13.1 This contract takes effects the day signed by the two Parties. If there is no Party C, the efficiency will not affected, and this contract promise to make the items suitable only for Party A and Party B

Article 14 Changes and Removal of the Contract

14.1 When this contract takes effects both sides can not change or remove the contract without authorization. When the contract needs to be changed or removed both sides need to reach agreements and make the agreements a written form.

14.2 when this contract takes effects party B can partly or totally transfer the creditor’s rights to a third party without party A’s or party C’s agreement, but the transfer has no efficiency as to Party A and Party C if Party A and Party C are not informed of the transfer.

Article 15 Resolution to Disputes

15.1 Disputes arising from the performance of this contract should be handled through consultation; if the consultation doesn’t work the three parties should deal with the disputes in the following ways:

√□Sue to the law court in Party B’s locus

×□Apply for arbitration from the arbitration committee of ____________

Article 16 Supplementary Articles

16.1 During the valid period of this contract Party A’s or Party C’s name, address and contact have changed but party A or Party C doesn’t inform of Party B in written form,

under this circumstance Party B sends all the documents to Party A or Party C, according to the name, address and contact stipulated in the contract, shall be deemed to be served.

16.2 Other agreements made by the parties of this contract

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

16.3 Mark √ in □ represents the item after □ is agreed, mark × in □ to represent that the item after □ is disagreed.

16.4 Party A has __1__ copy of this contract、Party B has __1__ copy of this contract、Party C has __1__ copy of this contract、the register Party has __1__ copy of this contract, each has the same legal effects.

16.5 The appendixes are combined with the contract as an integral part of the contract, having the same legal effects as the contract does.

16.6 Party B has taken appropriate approach to drawn Party A’s and Party C’s attention about the items that exempt or restrict Party B’s responsibilities, and Party B has provided clearly explained those items as Party A、Party C required; Party A, Party B and Party C have no disagreements about all the contents of the items stated in the contract.

Part A: (or entrusted agent) (signature)

May 31st, 2010

Part B

Legal Representative/Principal:

(or entrusted agent)

May 31st, 2010

(印章上的文字) Suzhou Branch, Huaxia Bank Limited Company

Part C

Legal Representative:

(or entrusted agent)

May 31st, 2010

(印章上的文字) Jiangsu Chang Jiang Energy-Saving Industry Development Ltd.

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