中英文翻译模板-个人住房借款合同(北京农业信用合作社).doc

1、Individual Housing Loan Contract(Mortgage plus periodically promising loan)Serial no. (2005) year ( J) ZI No. (5099)Beijing Rural Credit Cooperatives Party A( borrower, mortgager): SUN QianID No. 440301650427416Address: Room 501, Unit 4, Building 65, Art Gallery Houjie, Dongcheng District, BeijingTe

2、l: 13901082628Postcode:100010Account opening credit cooperative: Beijing Haidian District Dongsheng Rural Credit CooperativesAccount No. 040600000127093Party B (lender, mortgagee): Beijing Haidian District Dongsheng Rural Credit CooperativesAddress: No. 1 Jia, Qinghua Donglu, Haidian District, Beiji

3、ngTel: 62312092Postcode: 100083Legal representative: WANG YongcaiParty C (guarantor, namely developers and house-sale units): Derun Real Estate Development Group Co., Ltd.Address: Industrial Development Zone, Miyun County, BeijingAccount opening credit cooperative: Beijing Haidian District Dongsheng

4、 Rural Credit CooperativesAccount No. 0100000103000000404Tel: 65995332Postcode: 101500Legal representative: ZHUANG YihongNoticeIn order to protect your interest, please read the following items carefully before signing the contract:1. You have had the law common sense of housing purchase loan and gu

5、arantee for Beijing Rural Credit Cooperatives;2. You have had red all the items in this contract, and learn their meaning;3. You have made sure that the hand-in materials are authenticable, legal and effective;4. You have make sure that you have the authority to sign the contract;5. You have known t

6、hat you have to be responsible for all the cheating, breaching behaviors.6. You sign the contract in the principle of honest and credit.7. Please use pen, brush pen or signature pen to fill the blanks tidily.If you have problems on this contract, please consult to Beijing Rural Credit Cooperatives o

7、r the districts and towns associations.ContentsChapter one General principleChapter two LoanChapter three Repayment of loan Chapter four Guarantee of loanChapter five InsuranceChapter six Rights and ObligationsChapter seven Alteration of the contractChapter eight Responsibilities of breaching the co

8、ntractChapter nine Other contracted itemsChapter ten Special signed itemsChapter one General principleArticle 1.The contract is signed according to the Civil Law General Rules of P.R.C., Contract Law of P.R.C., Guarantee Law of P.R.C., Loan Rules, Chinese People Bank Individual House Loan Management

9、, and Beijing Rural Credit Cooperatives Individual House Loan Operation Regulations.Article 2. All the parties are equal, willing, honest and credit to sign the contract through negotiation, and promise to obey the contract.Article 3. The contract includes loan, mortgage, guarantee and so on.Chapter

10、 two LoanArticle 4. The purpose of loanIn the article 47 of this contract.Article 5. The amount of loan.In the article 48 of this contract.Article 6. The term of loan.In the article 49 of this contract.Article 7. The interest rate of loan.In the article 50 of the contract.In case the interest rate o

11、f the loan under this contract is adjusted by state within the term, the new interest rate is used from the first day of the coming year. But if the adjustment is within one year of the term (including one year), the interest rate of this contract is not changed.In case the state legal regulated int

12、erest rate is adjusted, Party B has obligation to implement the related regulations of Peoples Bank of China, and notice to Party A is not needed.Article 8. The mode and conditions of repayment.Party A and Party B agree to adopt the special mode of repayment, namely Party B directly delivers the loa

13、n to the account opened by Party C according to the signed advanced Entrust transferring payments Authorization. The name and number of the account is in the article 51 of this contract.Chapter three Repayment of loanArticle 9. The principles of repaymentParty A should repay the principal and intere

14、st of loan from the next month after the loan has transferred into the account opened by Party C. One month is a repayment period, the present principal and interest should be paid off within the present month. The repayment day is 25th of every month, and the repayment of last period should not lat

15、er than the contract term.Party A and Party B should obey the principle of repaying the principal first and the interest second, and the principal and interest are prepaid off at the same time. The repayment items of Party A are accounted in the order of “owed interest before period-interest in pres

16、ent period-the principal”Article 10. The total periods of repayment.Party A and Party B agree that Party A repay the loan monthly, and confirm the total periods of repayment. The details are in article 52.Article 11. The methods of repayment.If the loan term is within one year, the mode of repayment

17、 is paying the principal and interest at one time.If the loan term is over one year, Party A and Party B agree to adopt the first measure as follows, Party A shall repay the principal and interest of the loan monthly.1. Equal amount of principal and interest repayment, namely Party A repay equal cap

18、ital monthly.Repayment amount monthly= Interest rate monthly(1+ Interest rate monthly)total repayment periodsprincipal of loan/ (1+ Interest rate monthly)total repayment periods12. Repayment amount monthly=(Principal of loan/ months of loan ) + the balance interest rate yearly the actual days360Arti

19、cle 12 The mode of repaymentParty A should repay the principal and interest of loan from the next month after the loan has transferred into the account opened by Party C. One month is a repayment period, the present principal and interest should be paid off within the present monthIf the individual

20、account Party A is frozen, deducted or altered, Party A should offer a new account to Party B.If Party A wants to alter the account within the repayment term, he should deliver the writing application to Party B 10 days before the next repayment day.Article 13. Repayment in advanceParty A should rep

21、ay the loan in advance within the loan term, but should inform Party B 10 days before the next repayment day. If the Party B approve, partial or all the loan can be repaid in advance.Article 14. Extension of the repayment term.If Party A can not repay the loan according to the contract term, he shou

22、ld inform Party B in writing form 20 days before the next repayment day. After the approval of Party B, both parties should sign the extension agreement. The application limit to one time and the sum of the original and extended term limit to 30 years.Article 15. The mode of due repayment.Party A de

23、posits enough money to the appointed account, and Party B deducts the money on the next repayment day. Before the next repayment day, Party B should charge the double interest of the due part of the repayment.Chapter four Guarantee of loanArticle 16. The loan guarantee is mortgage plus periodically

24、promise.Article 17. The guarantee items are independent from this contract.Article 18. Mortgages. The details are in article 53.Article 19. The scope of guarantee mortgagesThe scope of guarantee is not limited to the loan, interest, the penalty and holding cost from Party A, and the debts cost from

25、Party B.Article 20. Guarantee sharing persons. The details in article 54.Article 21.When Party A gets the house property certification, both parties should register the mortgages, the cost of registration charges Party A .Article 22. The term of mortgage.The term is from the registration day to the

26、debts pay-off day.Article 23. Within the term of mortgage, Party A should hand over the house property certification and other original materials to Party B.Article 24. During the term of mortgage, if the mortgages are too damaged to be resumed, or seized by judicial branch, Party A should inform Pa

27、rty B in writing form, and offer the new mortgages and loan guarantee.Article 25. The relationship of mortgage is terminated as soon as all the loan has been paid off by Party A.Article 26. The scope of guaranteeScope of guarantee is principal of the loan, interest, fine interest and costs to implem

28、ent debt.Article 27. The mode of guarantee.Within the term of guarantee, Party C is willing to be responsible for the related responsibilities of Party As debts.Article 28. The term of guarantee.The term is from the day of signing the loan contract to the day of handing over the house property certi

29、fication to Party B.Article 29. Party A and Party B can alter the contract without the permit of Party C in the following situations:1. Extend the term of repayment.2. Increase the amount of loan.Article 30. Within the term of guarantee, if the interest rate is adjusted by the state, there is no nee

30、d to inform Party C.Chapter five InsuranceArticle 31. Insurance1. After the sign of the contract, Party A should engage in the mortgage property insurance to the appointed insurance company.2.Party A should hand over the insurance policy to Party B within 3 days after engaging in the insurance.3. Th

31、e insurance policy should note the Party B is the first beneficiary, and any limited conditions to Party B s interest are forbidden. Details are in article 59.4. Party A should inform Party B within 3 days after the insurance accident occurring.Chapter six Rights and ObligationsArticle 32. The rights and obligations of Party A1. Party A has the right to learn, consult, and known the details of house purchasing loan.2. Party A has obligation to offer the authentic loan materials and documents to Party B. 3. Party A has right to get the co