農(nóng)行個(gè)人住房按揭合同翻譯模板

1、Individual HousingLoan ContractAGRICULTURALBANK OF CHINAIndividual HousingMortgage Loan Contract(DNZ) NYA Zi (2003) No.:Lender: Subbranch of Chongqing Dadukou District Branch Center of the AgriculturalBank ofChina (hereinafter referred to as “ PartyA”)Borrower: xxx(hereinafter referred to as “ Party

2、B”)Guarantor:xxx(hereinafter referred to as “ PartyC”)In accordance with the relevant laws and regulations made by the State, and the Housing Loan Cooperation Agreement (No.: DNZNY AH Zi 2003 xxxxx) relating to such matter that Party A provides Party B with housing mortgage loan and Party C undertak

3、es the guaranty liability, this contract, by consensusreachedamong Party A, Party B and Party C, is signed and concluded.Article IDefinitionThe terms mentioned in this contract shall be defined as follows unless otherwise specified:1. Mortgage: such act that Party B purchases commercial housing from

4、 Party C, and applies to Party A for loans with the said housing and its rights and interests as the pledge.2. Debt: all the payments of Party A indebted to Party B under this contract, including the principal of loans, interest, overdue interest, compound interest and other relevant expenses.3. Pur

5、chase contract: Commercial Housing Purchase/Sales Contract, Pre-sale Contract of Commercial Housing or other purchase agreementssigned by and between Party A and Party C to purchase the commercial housing hereunder.4. Pledge: the general term for the commercial housing under this purchase contract a

6、nd all the rights and interests related to the commercial housing.5. Mortgage pre-registration: pre-order commercial housing mortgage registration or mortgage registration records to be obtained by virtue of such data and information as permit for pre-sale and purchase contract, etc. required to acq

7、uire the loan before Party B has not got the property right certificate for its purchased commercial housing.Article II The commercial housing purchased by Party B1. It is located at2. Type: residence.3. Structure: steel-concrete combination frame.4. (Inside) building area:.5. Value:6. Purchasecontr

8、act number.ArticleIIILoan amountThe loan amount is RMB(in words), namely,of the total price ofthe commercial housing purchased by Party B.ArticleIV Loan termThe loan term is, fromtoArticleV Interest rate of loan1. The monthly interest rate of the loan is. If the loan term is withinone year(included)

9、,the repayment shall be paid offat the contract interest rate. Ifthe loan termis overmore than one year, in case of adjustment of the prescribed interest rate, new interest rate provisions shall be carried out in accordance with the corresponding gradeof the interest rate early next year.2. The loan

10、 interest rate shall be paid monthly, and the expiry date for interest is the 20th day of each month. If the loan term is within one year (included), the repayment of principal with interest shall be made at one time.Article VILoan appropriationParty A shall, withindays after the completion of the m

11、ortgage pre-registration hereof andthe acquisitionof themortgage pre-registration certificate, transferthe loan amountinto thespecial house-sale account opened by Party C at Party Asonce inthe name of thehousingpurchase payment of Party B.In caseof failure to carry out mortgage pre-registration, Par

12、ty A shall, within/ days after Party Bhands over to Party Athe purchase contract and other data and informationrequired toproceedproperty right certificate and fulfillthe notarization of this contract, transfer the loan amount intothe special house-sale account opened by Party C at Party Asonce in t

13、he name of the housing purchase payment of Party B.1. Party B shall pay the principal and interest in full amount to Party A on schedule.2. If the loan term is more than one year, one repayment period of the principal and interest of the loan hereunder shall be one month. The repayment date of each

14、period is the 20th day of each month. The down-payment will be made on the 20th day of the following month after the occurrence of loan.3. Party B, before acquiring the loan lent by Party A, shall apply to Party A for a bank card (cardtype:_/_, and card number:_ _/_) or open a deposit account at Par

15、ty As(account number: , and opening bank/place: Subbranch of Chongqing Dadukou District Branch Center of the Agricultural Bank of China). Before therepayment date of each period, Party B shall deposit the principal and interest of the loan for thecurrent period in the said bank card or the deposit a

16、ccount. Party A shall directlydeductthepayment related to the loan of this contract from the said bank card ordeposit account. Ifthedeposit is insufficient to be deducted, Party A shall give a grace period of/ day(s); ifthe accountdeposit is still inadequatefor deduction after the graceperiod expire

17、s, all the principaland interestof the loan to be paid for the current period shall be deemedas delinquency.4. The payment amount of each period shall be calculated by adopting (1) the average principal plus interest method as agreed by Party A and Party B. According to the formula, the amount of pr

18、incipal and interest to be paid can be determined. All the remaining principal and interest shallbe paid at the last period.Formula:(1) Average principal plus interest methodmonth(s) of loanPrincipal of the loan x monthly interest rate x (1 + monthly interest rate )Monthly repaymentamount=(1 + month

19、ly interest rate)month(s) of loan - 1(2) Principal degressionrepayment methodMonthly repaymentamount=Principal of the loan Month(s) of loan+(Principal of the loan - accumulativeprincipal amount of the loan paid)xMonthly repaymentamount(3)5. Prepayment:If Party B makes prepayment, it shall be approve

20、d by Party A and carry out such act in accordancewith the followingprovisions:(1) Party B may pay part of or all the unmatured loan before the repayment date of each period.(2) Party B shall make prepayment by filing an application to Party A in writing 3 days in advance.(3) If Party B prepays part

21、of or all the loans, the loan interest that has been calculated and collected shall not be returned. The amount to be paid in advance at each time shall not be less than that of one regular payment.6. DelinquencyFor the overdue principal and interest of the loan, Party B shall make the repayment in

22、thefollowing method as specified in (2);(1) Party B deposits sufficient money in the said deposit account or bank card, which shall be deducted by Party A on the next repayment date. However, Party A, between the deposit date and deduction date, may still charge Party B for the overdue interest and

23、its compound interest.(2) Party B collects the delinquency list from the Credit Department of Party A, and then pays cash at the business counter with the said list. From the date when the delinquency is paid, the collection of overdue interest and its compound interest shall be ceased.7. Any disput

24、e arising from the house purchase under the Commercial Housing Purchase/Sales Contract and Pre-sale Contract of Commercial Housing shall not impact the payment on schedule of the principal and interest of the loan and its relevant expenseshereunder and the undertaking of the guaranty liability.1. Wi

25、thin the time limit specified in the contract, Party A shall provide Party B with loans in full amount.2. Party A shall check and keep the ownership documents and other documents related to the pledge.3. After the termination of the mortgage hereof, Party A shall return to Party B the ownership cert

26、ificate or other registration certificates related to the mortgage in its custody.4. After Party C pays off the delinquency on behalf of Party B due to its incapability ofperforming the repayment obligations as agreed, Party A shall deliver to Party C the certificatesrelevant to the mortgage at its

27、disposal.Article IXObligations of Party B1. Party B shall properly keep the deliverable house property and be responsible for its repair and maintenance, and ensurethat it is kept intact.2. Before paying off the loan, without the written consent of Party A (before properly proceedingthe house proper

28、ty mortgage registration, the written approval from Party C is still required), Party B shall not sell, lease,grant, give up, manage,pledge again part of or all the mortgage assetsunder this contract or liquidate other liabilities with pledges and in other ways. Article X House property mortgage1. S

29、cope of mortgage guarantee: all the expensesto realize mortgage by Party A, such as principal of loans, interest, overdue interest, compound interest, default interest, attorney sfee, collateral disposal charge and transfer fee, etc.2. Mortgage registration (pre-registration):(1) Party B shall provi

30、de Power of Attorney to entrust Party A or Party A and Party B shall jointly go through mortgage pre-registration or mortgage registration formalities of pre-order commercial housing and commercial housing in the real estate management authorities that are entitled tohandle the said formalities with

31、 this contract, purchase contract and other relevant real estate ownership documentations.(2) The mortgaged real estate ownership documentations, registered Certificate for Jus Alias for mortgage and other relevant documents shall be handed over to Party A for safekeeping.3. Mortgage insurance(1) Pa

32、rty B shall have the mortgaged assetsinsured as required by Party A.(2) Party B shall not have the insurance withdrawn or interrupted with any reason unless the understanding balance under this contract is liquidated. If so, Party A shall be entitled to continue the insurance on behalf of Party B an

33、d have the right of recourse to relevant expenses arising therefrom against Party B. Such expensesshall be deducted from the proceeds realized out of the mortgage.(3) The insurance policy shall specify that Party A is the first beneficiary of insurance compensation. The original insurance policy sha

34、ll be kept by Party A.(4) If the insured mortgage is subjected to the accidents within the scope of insurance, Party B shall immediately notify Party A and take effective measures to prevent further loss. The insurance compensation obtained shall be preferentially repaid to Party A.(5) If the insure

35、d mortgage sustains losses beyond the scope of insurance, whether it is due to the fault of Party B, Party B shall timely inform Party A and provide other guarantees approved by Party A. Otherwise, Party A shall be entitled to recover loans in advance, and all the losses thus incurred shall be borne

36、 by Party B.4. Releaseof mortgageAfter Party B pays off to Party A the principal and interest and other accounts payable under this contract, Party A and Party B (or Party B) shall handle the formalities to cancel the mortgage registration in the Real EstateManagement Department.5. Disposal of mortg

37、ageIn caseof one of the following situations, Party A shall be entitled to dispose of the mortgage and preferentially repaid. For the insufficient part, Party A shall continue its right of recourse against Party B:(1) If Party B has not paid the principal and interest of the loans and relevant expen

38、ses in three consecutive months, or the payment of principal and interest of the loans of any period and relevant expenses is overdue more than three months or the cumulative delinquency is over six periods.(2) After the loan term of this contract expires, Party B still hasoutstanding debts to be pa

39、id.(3) Party B fails to comply with other terms and conditions of this contract.Article XIObligations of Party CParty C promises that since the signing of this contract till the date when Party B acquires thecertificate of premises ownership, properly handles mortgage registration and submit relevan

40、tmortgage documents to Party Afor safekeeping, itwill bear joint guaranty liability fortheprincipal, interest, overdue interest, default interest ofall the loans and other related expensesofParty B owed to Party A.i. In case of one of the followingsituations, Party C shall repurchase the said house

41、property andits rights and interests, pay back all the debts of Party Party B owed to Party A, and waivetheright of dense:1. Party B provides false information to gain loans by fraud, which has causedor is likely to cause loan losses.2. Within the loan term, when found missing, declared missing, or

42、determined as the one without or with limited capacity for civil acts, etc., Party B has no successor(s)or legal guardian(s).3. The successor(s) or legal guardian(s) of Party B refuse(s) or is/are unable to pay back the principal and interest of the loans on schedule after the occurrence of one of t

43、he above particulars, or the successor(s)waive(s) the right of succession.ii. When Party B fails to pay off the principal and interest of the loans and relevant expenseson schedule as required by the contract, Party A shall directly deduct the same from the insurance premium account opened by Party

44、C at Party Asand Party C is liable for the collection from Party B. When Party B fails to pay back the principal and interest of the loans in three consecutive months, or the overdue payment of any period is more than three months or the accumulated postponement is over six months, Party A shall sen

45、d the notice to require Party C to perform therepurchaseobligations. Within seven days after Party C receives the said notice, it shall pay off all the matured or unmatured debts of Party B owed to Party A.iii. If Party C fails to repurchase the house property on time, Party A shall charge Party C f

46、or the liquidated damaged every day, in accordance with five (in words) ten thousandth of the amount owed of Party B, and have the right to take appropriate legal means to demand Party C to perform its repurchase liabilities.1. Party B shall pay Party A/yuan for handling charge and cost of productio

47、n.2. Relevant expenses involved with the notarization, mortgage and insurance, etc. mentioned in this contract shall be paid by Party B.3. If the loans fail to be granted not becauseof Party A, all the expensescharged by Party A shall not be refundable.If any party of this contract fails to fulfillt

48、he obligations as agreed,it shall be liable for breach ofcontract and compensate for losses.Article XIVNotarization of contractWithin/days after the signing of this contract, notarization ofshall be carried out in thepublic notary office.Article XVAlteration and termination of contract1. After this

49、contract takes effect, any party shall not alter or terminate the contract without authorization. The alteration of the contract shall be conducted through negotiation among Party A, Party B and Party C, and the alteration agreement shall be signed and concluded in accordance with the law.2. If Party B transfers to the third party the rights and obligations under this contract, it shall obtain the prior written consent from Party A and Party C. The said transfer shall come into effect after the transferee resigns a loan contract with Party A and Pa