Mortgage guarantee contract
Number:
Mortgagee:
Mailing address:
Telephone:Mortgagor:
Mailing address:
Telephone: In order to ensure the performance of the contract (No. , hereinafter referred to as the "Main Contract") signed by the two parties on XX, XX, XX, the mortgagor voluntarily pledges the property that he has the right to dispose of to provide security for the performance of the main contract, and the mortgagee agrees to accept the mortgage of the mortgagor's property. The parties have agreed to enter into this contract in accordance with the following terms.
Article 1 Overview of the collateral
1 Name of Collateral: (see Appendix - List of Collateral).
2 The total value of the collateral is (capitalized) yuan, and the amount of mortgage guarantee used for this financing is (capitalized) yuan.
3 The mortgage term is .
Article 2 Scope of mortgage guarantee
The scope of the guarantee of this mortgage contract is: the main creditor's right and interest, the liquidated damages and damages payable by the mortgagor, and the expenses for realizing the creditor's right and the mortgage right (including but not limited to attorney's fees, preservation fees, guarantee fees, appraisal fees, translation fees, appraisal fees, litigation fees, arbitration fees, etc.).
Article 3 Registration of collateral
The mortgagor authorizes the mortgagee to execute the main contract, this mortgage contract, the ownership certificate of the mortgage and other relevant documents to the administrative department for industry and commerce where the mortgaged property is located to go through the mortgage registration formalities within one day after the signing of this contract, and deposit the certificate of right and mortgage registration certificate of the mortgage with the mortgagee. The mortgagor shall fully cooperate with the mortgagee in the mortgage registration formalities.
Article 4 Use and custody of collateral
1. During the mortgage period, the mortgagor shall not transfer, lease, sell, remortgage, satisfy debts, give away or dispose of the collateral in any form without the consent of the mortgagee. The mortgagor shall be liable for any loss caused by the mortgagee.
2. The mortgagor must keep the collateral properly, and shall be responsible for repairing, maintaining and ensuring that it is in good condition, and shall accept the supervision and inspection of the mortgagee at any time. The mortgagor shall be liable for any damage caused to the collateral.
Article 5 Rights and Obligations
1) The rights and obligations of the mortgagee:
1. The mortgagee has the right to inspect and supervise the custody of the mortgaged property, and the mortgagor shall provide the above information completely and truthfully.
2. If the mortgagor's act is sufficient to reduce the value of the collateral, the mortgagee has the right to request the mortgagor to stop its act. When the value of the collateral decreases, the mortgagee has the right to require the mortgagor to restore the value of the collateral or to provide security equivalent to the reduced value.
3 If the mortgagor is not at fault for the reduction of the value of the collateral, the mortgagee can only claim security within the scope of the compensation received by the mortgagor for the damage. The part of the value of the collateral that has not been reduced shall still be used as security for the creditor's right.
2) The rights and obligations of the mortgagor:
1. Take the initiative to perform debts in strict accordance with the time specified in the main contract.
2. Ensure that the collateral will not be affected by the bankruptcy, asset division and transfer of the mortgagor during the mortgage period. If the mortgagee discovers that the mortgagor's collateral has violated this clause, the mortgagee shall notify the mortgagor to correct it immediately or realize the mortgage in advance.
3. The mortgagor shall use the collateral reasonably and be responsible for the operation, repair, maintenance and related taxes and other expenses of the collateral. The collateral shall not be leased, transferred, remortgaged or otherwise disposed of without the consent of the mortgagee.
Article 6 Representations and warranties of the mortgagor
The mortgagor also represents and warrants the following while complying with the other terms of this contract:
1. All information provided to the mortgagee is true and reliable, and there is no falsification or concealment of facts.
2 Permit the mortgagee, or his authorisation, to inspect the mortgage at any reasonable time in accordance with the law.
3. During the period of possession of the collateral, the mortgagor shall comply with the administrative regulations, pay off the management fees of the collateral on time, and ensure that the collateral is not seized or involved in other legal proceedings.
4. In the event of any litigation or arbitration, which may adversely affect the collateral, the mortgagor undertakes to notify the mortgagee in writing within 3 days.
Article 7 Realization of mortgage rights
1 After the mortgagor pays off the debt when due, the mortgage right disappears.
2. If the mortgagor fails to perform the terms of the main contract, the mortgagee shall have the right to be repaid in priority for the price of the disposition of the mortgage in accordance with the law. If the price of the disposition of the collateral is insufficient to repay the debts and expenses, the mortgagee has the right to seek other recourse; If the part that should be repaid is exceeded, the mortgagee shall return it to the mortgagor.
Article 8 Liability for breach of contract
1. If the mortgaged property is damaged due to the mortgagor's miscustody, the mortgagee has the right to request the mortgagor to restore the mortgaged property to its original state or provide the mortgaged property approved by the mortgagee.
2. If the mortgagor disposes of the mortgaged property without authorization, the mortgagee may require the mortgagor to restore the original state and recover the claims under the main contract in advance, and may require the mortgagor to pay liquidated damages equal to % of the total amount of the claims.
3. If the mortgagor conceals that the mortgaged property is co-owned, property rights dispute, sealed, seized or has already set up mortgage authority, etc., and causes losses to the mortgagee, it shall be compensated.
4 If either party violates the provisions of this contract, it shall pay liquidated damages equal to % of the total amount guaranteed under the main contract to the other party.
Article 9 Miscellaneous
1. Disputes arising during the performance of this contract shall first be settled by the parties through negotiation.
2. This contract shall be terminated upon the mortgagor fulfilling all the terms and conditions of the main contract and all other obligations on time. The mortgagee will assist the mortgagor in the registration of mortgage cancellation and return the certificate of ownership of the mortgaged property and related documents to the mortgagor.
3. Other written materials related to the contract provided by the mortgagee shall be an integral part of this contract and shall have the same legal effect as this contract.
4. This contract shall come into force on the date of signature and seal of both parties.
5. This contract shall be executed in triplicate, with one copy for each party and one copy for the relevant registration department, which shall have the same legal effect.
6 This contract constitutes a supplementary agreement to the main contract, and the dispute resolution method agreed in the main contract is also applicable to the merger contract.
There is no text below, but it is a signed and stamped page for both parties.
Mortgagee:(stamped, signed).
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Mortgagee (sealed).(stamped, signed).
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