中英文翻译模板-建行个人住房贷款借款合同

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 Assessment Value (Yuan) Area (㎡) Source Assessment Value (Yuan) In capital 115.76 LU Jihong Mortgage Land Mortgage House 114#-404, Anheyuan, Tianxiu Garden, North Bank of Xiaoqing River, Haidian District In capital Land No. RMB four hundred and ninety two In thousand nine hundred and five only number Use Period State-owned Land Use Certificate No. In number 492,905.00 Construction Area (㎡) Property Owner Public Area House Property Certificate No. House Co-ownership Certificate No. Mortgager Guarantee Mortgager Agent Mortgagee Agent Borrower LU Jihong Mortgage Rate Mortgage Period Present House Mortgage Periodical House Public Owners and Shares RMB four hundred Assessment Value and ninety two In In capital (Yuan) thousand nine number hundred and five only Construction Area Property Owner In number Beijing Commercial House Interior (Exterior) Presales Contract No. Assessment Value In capital LU Jihong Beijing Haidian District Real Estate Management and Development Co., Ltd. Amount (Yuan) ID Card No. Mortgagee ID Card No. ID Card No. 390,000.00 Usage 492,905.00 350104680716001 China Construction Bank Beijing Xisi Sub-branch House Purchase This time: 79.12 In total: 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)

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)

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