How To Prepare Mortgage Guarantee Contract

general provisions

Second chapter definition

The third chapter statement of Party A

The fourth chapter is Party B's declaration and guarantee.

The fifth chapter is the type and amount of principal creditor's rights guaranteed.

The sixth chapter is about the time limit for bond issuers to fulfill their obligations.

The seventh chapter is the scope of mortgage guarantee.

Eighth chapter mortgage assets

The ninth chapter is the management of mortgage assets.

The tenth chapter is the disposition of mortgage assets.

The eleventh chapter is about the rights and obligations of the tripartite party.

The twelfth chapter liability for breach of contract

The thirteenth chapter force majeure

The fourteenth chapter is mortgage registration.

The fifteenth chapter is the solution of disputes.

The sixteenth chapter: the entry into force, alteration, termination and termination of contracts.

Seventeenth chapter annex

Eighteenth chapter supplementary provisions

general provisions

According to the provisions of the special financial bonds hosting repurchase measures and the implementation rules of the special financial bonds hosting buyback measures (Trial Implementation), in order to ensure that the rights of the party under the special financial bonds issued by the company in the year of the year are issued, Party B is willing to use its assets as collateral assets to provide mortgage guarantees for the debts formed by the bondholders into the funds.

According to the requirements of the company, Party A shall sign the contract with all party bondholders under the special financial bonds (i.e. the mortgages under this contract, hereinafter referred to as the bondholders), and make the rights under this contract in parallel.

Party C as

The issuer hereby undertakes to provide comprehensive assistance and convenience to the mortgage work under this special financial bond.

The term of exercising the right of Party A is: from the date of registration of the mortgage registration authority to the maturity date of the bond under this contract, then the rights under this contract shall be separately or jointly exercised by the bondholders or their agents and other creditors.

After examination, Party A agrees to accept Party B's pledge of assets mortgage. In order to clarify the rights and obligations of the Three Party A, B and C, the contract is specially formulated in accordance with relevant laws and other relevant regulations of the state.

Second chapter definition

The first issuer of bonds refers to the financial institution that is approved by the people's Bank of China to issue special financial bonds, that is, the party.

The second special financial bonds refer to the securities issued by the Chinese people's Bank of China, which are specially used for liquidated securities repurchase obligations.

The third mortgagee, namely, Party B under this contract, refers to the third party who issued the special financial bond with the assets owned by him as collateral assets for the issuance of this special financial bond.

The fourth mortgage-holder refers to all bondholders under the special financial bonds issued by the Hong Kong party.

The fifth mortgage right refers to the right of Party A to pay the mortgage assets in accordance with the law, or to auction or sell the price of the mortgaged assets first when the obligations of the special financial bonds are not fulfilled when the mortgage legal relationship is established.

The value of the sixth mortgaged assets is assessed by the people's Bank of China designated by the people's Bank of China or the evaluation institution recognized by Party A.

The third chapter statement of Party A

Seventh Party A, as the agent of the mortgaged party under this contract, makes the following statement on this contract.

1. during the validity period of this contract, Party B will lease or pfer the mortgaged assets under the contract to the third party without Party A's written consent. The lease and pfer of the mortgaged property are invalid, and Party A can still exercise the right to mortgage assets.

2. if any third party infringes upon the rights of the bondholders under this contract, Party A shall have the right to initiate proceedings.

3. during the period of validity of this contract, Party B fails to establish any form of mortgage collateral under this contract without the written consent of Party A.

4. the collateral assets under this contract can only be used to guard against the risk of maturity of special financial bonds.

5. if the party is ahead of schedule or on schedule.

Party B may require Party A to notify the mortgage registration authority to cancel the mortgage registration.

6. during the period of validity of this contract, Party B shall provide insurance for property insurance under this contract, and provide Party A with relevant supporting documents.

7. when the value of the mortgaged property under this contract is insufficient to compensate for the expenses of the principal and interest of the party, Party A shall have the right to require Party B to provide other assets in time for mortgage until the value of the expenses such as the principal and interest of the issuing party is guaranteed.

The fourth chapter is Party B's declaration and guarantee.

Eighth Party B, as the mortgagee under this contract, makes the following statement and guarantee for this contract.

1. Party B's board of directors has agreed to mortgage the mortgaged assets under this contract.

2. the right to the use of the land under this contract is obtained and legally occupied by Party B in accordance with the law.

3. the buildings on the land under this contract shall be lawfully obtained and fully owned by Party B.

4. there is no dispute about the ownership of the mortgaged assets under this contract.

5. the mortgage assets under this contract are fully in accordance with the law in construction and use.

6. the mortgage of mortgage assets under this contract will not be subject to any restrictions.

7. no mortgage or pfer of mortgage assets has been established before the signing of this contract;

8. the mortgage assets under this contract have not been sealed, seized or supervised according to law.

9. if the mortgaged assets under this contract are partly or completely rented at the time of signing the contract, Party B will notify the lessee of the establishment of the mortgage and notify the party in writing of the rental situation.

10. according to the provisions of the special financial bonds hosting repurchase measures and the implementation rules of the special financial bonds hosting buyback measures (Trial Implementation), Party A is the agent of the bondholders, signing the contract on behalf of the bondholders, and the bondholders and Party A may make mortgage rights, or entrust other agents to exercise their mortgage rights, and Party B does not make a defense on this.

11. Party B shall not ask the mortgage registration authority to terminate the mortgage registration of mortgage assets under this contract without the written consent of Party A.

12. when the value of the mortgaged property set under this contract is not enough to guarantee the value of the expenses such as the principal and interest of the issuing party, the other assets will be mortgaged in time according to the requirements of Party A until the value of the expenses such as the principal and interest of the issuing party is guaranteed.

13. Party B guarantees that the annual inspection of business license shall be carried out in accordance with the law every year, and the business registration procedures shall be continued after the expiration of the validity period of its business license.

The fifth chapter is the type and amount of principal creditor's rights guaranteed.

The ninth principal creditor's right under this contract refers to the main creditor's rights and obligations.

The tenth mortgage assets under this contract are: the first, the second, the second, the second, the second, the second, the second, the second, the second, the right, the right, the right, the wrong.

The sixth chapter is about the time limit for bond issuers to fulfill their obligations.

The eleventh bond issuer should repay the principal and the corresponding interest before the maturity date of the bond.

The seventh chapter is the scope of mortgage guarantee.

The twelfth guarantee scope of this contract includes: bond principal, interest, penalty interest and the trusteeship fee payable to Party B, so as to realize the cost of mortgage right and all other expenses payable.

Eighth chapter mortgage assets

The thirteenth mortgage assets under this contract include: the following: mortgage, assets, assets, etc.

The total floor area of the above mortgaged assets is: gross, gross, gross, gross, gross, gross, gross, gross, gross, gross, floor area, etc.

The fourteenth is that the value of the collateral assets under this contract is RMB,, and B, according to the confirmation of the assets of the company.

The fifteenth valid documents and materials relating to the pledge of assets shall be delivered to Party A on the basis of Party A's request.

The ninth chapter is the management of mortgage assets.

Sixteenth the collateral assets under this contract shall be accounted for by Party B.

Party B should maintain the integrity of the mortgaged assets during the period of possession. Party A has the right to inspect the management of the mortgage assets and put forward the requirements for strengthening and improving the management.

Seventeenth if Party B's assets are damaged or lost, Party B shall inform Party A in time and take immediate measures to prevent the loss from expanding. Meanwhile, Party B shall submit to Party A a certificate of damage and loss caused by the relevant authorities.

Article eighteenth during the mortgage period, the compensation for the loss of the mortgaged assets under this contract is the mortgage assets under this contract.

Article nineteenth during the mortgage period, the insurance proceeds obtained from damage or loss of the mortgaged assets shall be written in writing, and the insurance company shall be remitted to the designated account of Party A, which shall be used as collateral assets.

Party B shall return the insurance money to Party B after Party B has provided a considerable collateral asset approved by Party A.

Party A has the right to receive priority from the insurance prior to the expiration of the main debt and the unliquidated debt.

Article twentieth during the mortgage period, Party B shall insure the mortgaged assets and pay the premium in full and on time, fulfill the obligations stipulated in the insurance law and relevant laws, regulations and insurance contracts.

The tenth chapter is the disposition of mortgage assets.

Twenty-first Party A shall have the right to act as the mortgage-holder in exercising the mortgage under this contract.

1. according to the law, the mortgage assets will be discounted to compensate the debts owed by the party.

2. in accordance with the law, the mortgage assets will be auctioned and sold, so that the price can be compensated first.

3. the Three Party A, B and C shall ask for the mediation and handling of disputes when they fail to negotiate the right to mortgage.

Twenty-second Party A shall cooperate with Party C in the disposition of mortgaged assets in accordance with this contract and shall not set any obstacles.

The twenty-third part of Party A's disposition right to mortgage assets under this contract includes part of disposition rights and all disposition rights.

The eleventh chapter, the rights and obligations of the three party.

Twenty-fourth Party A's rights and obligations

1. Party A may ask Party B to adjust the assets it mortgages according to the change of the collateral assets value of Party B, including the replacement and increase of mortgage assets.

　　2.甲方有權要求乙方提供有關本合同項下抵押資產所有合法有效證明及有關資料 。