【文章內(nèi)容簡(jiǎn)介】
pens to the guaranty, insurance pensation should be used for paying off the loan under this contract ahead of schedule with priority. When Party B and Party A change the contract (including, but not limited to, amount of loan, term of loan, interest rate, type of interest settlement, type of repayment, period of repayment, repayment amount for each period), the mortgager is no need to be notified if responsibility of mortgager is not increased accordingly, and the mortgager is still bear the responsibility of guarantee. Within the period of mortgage, if the Party B and the mortgager who get information about the mortgaged premises should be removed shall inform Party B in written form in time. The Party B and the mortgager shall take the breach duties if they do not inform Party B in time. And with the consent of both Parties and the mortgager, Party B has the right to choose the following ways to deal with the removed premises:(1) If the mortgaged premises are removed and remedied by the way of swapping property right, Party B has the following rights:(i) Party A discharges the debt in advance。 or (ii)The mortgager shall sign a new mortgage agreement with Party B as mortgagee on the subject of new premises. Party A shall provided new mortgage to Party B and admitted by Party B before the mortgaged premises are removed and the mortgage do not fulfill the registering procedures of newly mortgaged premises.(2) If the mortgaged premises are removed and remedied by the way of pensatory money, Party B has the following rights: (i) Party A discharges the debt in advance。 or(ii) The mortgager shall deposit the pensatory money into the security money account prescribed by Party B as the Pledge Guarantee of this contract。 or(iii) The mortgager shall pledge the Certificate of Deposit of the pensatory money as the Pledge Guarantee of this contract.(3) Part A and party B shall negotiate the sequent matters about the removed premises if the removed premises are not remedied by the ways in (1), (2) mentioned above or other matters not mentioned in (1), (2). Pledge Guarantee The pledger voluntarily pledges the movable assets/rights in Pledges List Attachment B of this contract, and agrees to be restricted by this contract. The coowner of the pledges under this contract agrees on pledging and be restricted by this contract. Party B can exercise the pledge right in case one of following situations happens:(1) Party A fails to repay the due loan payable and/or other items payable based on this contract。(2) Party breaches the contract, party B claims to take back the loan in advance, and Party B fails to be paid off or not fully paid off。(3) Should the value of pledges is decreased, and the pledger fails to provide guarantee required by Party B, Party B can exercise the pledge right in advance. Party B can select any one of the following ways to realize the pledge right:(1) Discount of pledges in agreement with pledger。(2) Auction of pledges。(3) Sale of pledges。(4) Other ways allowed by laws. When Party B and Party A change the contract(including, but not limited to, amount of loan, term of loan, interest rate, type of interest settlement, type of repayment, period of repayment, repayment amount for each period), there is no need to ask for approval of the pledger, and the pledger is still bear the responsibility of guarantee. The pledger shall provide to Party B the evidence certificates, after confirmation of Party B, and all certificates shall be kept by Party B. When Party A pays off the principal, interest and expenses for the whole loan under this contract, or the pledger pays off the guaranteed security instead of Party A, Party B shall return the pledges and relevant certificates to the pledger. Guarantee The guarantee form under this contract is joint liability assurance. The guarantee period is two years, from the day when the contract bees effective till the expiring day of liability fulfillment term under this contract. Within the term of loan, should the guarantor be declared bankrupt or be dissolved, or under insolvency to lose qualification of guarantee and ability, the guarantor should notify Party B in time, and Party should provide a new guarantee. Within the period of guarantee, when Party B and Party A change the contract (including, but not limited to, amount of loan, term of loan, interest rate, type of interest settlement, type of repayment, period of repayment, repayment amount for each period), the mortgager is no need to be notified if responsibility of guarantor is not increased accordingly, and the guarantor is still bear the responsibility of guarantee. All obligation of the guarantor under this contract is successive, and full binding force shall be put on his legal successor. The guarantor will abandon all the defenses and rights according to the Article 28 of the Law of Guarantee and the Article 176 of the Real Right Law. Article 9 Miscellaneous Rights and Obligations Party A shall ensure the loan application data are plete, true, valid and legal, and cooperate with Party A to investigate, censor and check the data. At regular time or any time requested by Party B, Party A should provide the documents or certificates reflecting truly the financial status or ine of Party A. Within period of this contract, should any changes occur in pany, address, contact way of Party A, he shall inform Party B within ten (10) days after the changes. period of this contract, should any deteriorating situation of earnings happens to the Borrower or his family that substantially influence his repayment ability, Party A should notify Party B in written way within three (3) days after the changes Party A shall not use the loan funds for other purpose than that prescribed under this contract. If Party A does not use the loan on the agreed purpose under this contract, he should clear the loan with Party B ahead of schedule,