Zhongguo Xinhe (logo)Guangxi Rural Credit Union (Rural Commercial Bank, Rural Cooperative Bank)Contract for Mortgage GuaranteeRural Credit Cooperative Union (Rural Commercial Bank, Rural Cooperative Bank)Contract for Mortgage GuaranteeRespectful customer: in order to safeguard your legal rights and interests, please read carefully all the clauses (especially the clauses in bold) of the contract to care about your rights and obligations under the contract before signing the contract. If you have any query about the contract, please consult the creditor.The contract is entered into by all the parties upon unanimity through consultation in accordance with the relevant national laws, rules and regulations. The contract is made up of general clauses and special clauses, both of which have the same legal effect.Part 1 General ClausesMortgageIn order to ensure the obligations of the debtor under the main contract specified in Article 17.1 to be earnestly fulfilled and safeguard the realization of the creditor’s rights of the guarantee, the guarantor is willing to provide mortgage guarantee to the guarantee with its property that it has the right to dispose. The contract is entered into by the mortgager and the mortgagee upon unanimity through consultation in accordance with the relevant national laws, rules and regulations, with a view to define the rights and obligations of the both parties. Except otherwise specified by the contract, the explanation to the terms of the contract shall be subject to the main contract.Article 1 Type and amount of the guaranteed main creditor’s right: see Article 17.2 of the contract.Article 2 Period for the debtor to perform the debt: see Article 17.3 of the contract.Article 3 Mortgage object3.1 For the mortgage object, please see the mortgage object list specified in Article 17.4 of the contract.3.2 The mortgage object list is an integral part of the contract and serves as an attachment of the contract.3.3 The stipulation on the value of the mortgage object in the mortgage object list neither serves as valuation basis for the mortgagee to dispose the said mortgage object nor has any limitation for the mortgagee to exercise the mortgage rights. The final value of the mortgage object is subject to the net proceeds from actual disposition of the mortgage object when the mortgage rights are realized. Article 4 Scope of the mortgage guaranteeThe scope of the mortgage guarantee under the contract includes as follows: the debt principal under the main contract, interest, penalty interest, compound interest, default fine, damage compensation, litigation fee, arbitration fee, execution fee, and other fees for the creditor to realize the creditor’s rights and guarantee rights.Article 5 Effectiveness of the mortgage rightsThe effectiveness of the mortgage rights under the contract not only covers the mortgage object itself, but also covers its accessory, secondary right, subrogation rights, ancillary, mixture, separator, processing product, fructus and substitutional object.Article 6 Registration of the mortgage object6.1 The mortgager shall, together with the mortgagee, come to the relevant department to process mortgage registration for the mortgage object under the contract according to Article 17.5 hereof.6.2 If the change to mortgage registration item requires for registration of the change according to laws, the mortgager shall, together with the mortgagee, come to the relevant department to process the change registration procedure within 15 working days from the date of changing the registered item.6.3 The original copy of the other rights certificate and mortgage registration document of the mortgage object as well as other relevant materials shall be under the custody of the mortgagee. 6.4 The mortgager shall cover the relevant expenses that occurred due to processing the mortgage registration and shall be borne by the mortgager.Article 7 Occupation and custody of the mortgage object7.1 The custody of the mortgage object is in the charge of the mortgager, who shall properly keep and maintain the mortgage object in sound conditions and has the right to monitor and check the management conditions and status of the mortgage object.7.2 Without written consent of the mortgagee, the mortgager shall not dispose the mortgage object under the contract by means of grant, transfer, lease, remortgage, pledge or any other methods. If the mortgager’s disposition of the mortgage object is approved by the mortgagee, then the proceeds from disposition of the mortgage object shall be firstly used to pay off the debts under the main contract or the withdrawal of a third party agreed by the mortgagee.7.3 If damage, loss or other depreciation circumstances occur to the mortgage object, the mortgager shall immediately notify the mortgagee, and shall in a timely manner take effective measures to prevent further loss, or provide a new guarantee which is approved by the mortgagee and whose value is equivalent to the decreased value. The insurance amount, damage payment, compensation money and other incomes obtained by the mortgager thereby shall be firstly used to pay off the debts under the main contract or the withdrawal of a third party agreed by the mortgagee.Article 8 Insurance of the mortgage object8.1 The mortgager shall effect insurance in full for the mortgage object as stipulated in Article 17.6, and shall come to the insurance agency recognized by the mortgagee to cover property insurance of the mortgage object with the mortgagee as the first beneficiary as required. The insurance period shall be no less than the debt period specified in the main contract, and the insurance amount shall be no less than the principal and interest of the guaranteed debt.8.2 The mortgager shall submit the original copy of the insurance policy of the mortgage object to the mortgagee for custody, and the insurance policy shall not contain any terms and conditions having any restrictions to the mortgagee’s rights and benefits.8.3 During the guarantee period, the mortgager shall pay the premium in full on schedule and perform other obligations under the insurance contract (including insurance policy or other insurance document, similarly hereinafter) to maintain the continuous validity of the insurance contract. If the mortgager fails to pay the premium in full on schedule or process the procedures for insurance (renewal of insurance), the mortgagee may choose to pay the insurance fee or process the procedures for insurance (renewal of insurance) on behalf of the mortgager, and directly withhold the occurred cost from any bank account of the mortgager.8.4 During the guarantee period, without written consent of the mortgagee, the mortgager shall notchange, cancel or terminate the contract unilaterally or through negotiation with the insurer, and shall not waive the right of claim for insurance amount or the right of claim for compensation against a third party.8.5 If an insurance accident occurs to the mortgage object, the mortgager shall immediately notify the insurance company and the mortgagee and shall be responsible for claim matters. If losses are caused to the mortgagee to due to delay in notice or claim, the mortgager shall bear the corresponding compensation liabilities.Article 9 Occurrence of the guarantee liabilities9.1 If the debtor fails to pay off the debts under the main contract in a timely manner as agreed or there occur other agreed circumstances where the mortgage rights are realized, the mortgagee will have the right to exercise the mortgage rights according to laws and the provisions of the contract.9.2 If any of the following circumstances occurs, the mortgagee will have the right to require the mortgager to undertake the guarantee liabilities. The mortgagee has the right to directly auction or sell off the guarantee object in accordance with the law, to be firstly compensated with the acquired proceeds, or to convert the mortgage object into money to pay off the debts under the main contract through negotiation with the mortgager, or to request the people’s court to auction or sell off the guarantee object in accordance with the law.(1) The mortgagee fails to be paid off upon expiry of the debt performance period specified in the main contract;(2) The mortgagee cancels the main contract in accordance with the provisions of the main contract or the national laws, rules and regulations;(3) The mortgagee recovers the main creditor’s rights in advance in accordance with the provisions of the main contract;(4) The mortgagee exercises the mortgage rights in advance in accordance with the provisions of the main contract;(5) The mortgager is cancelled, or has its business license revoked, or is ordered to close down or has other dissolution reasons;(6) The application for bankruptcy of the mortgager is accepted by the people’s court or the mortgager is ruled for reconciliation;(7) The debtor or the mortgager is dead or declared missing or dead;(8) During the guarantee period, the mortgage object is sealed up, detained, under custody or imposed other compulsory measures;(9) The debtor or the mortgager is in violation of the obligations under the contract, which, in the view of the mortgagee, has caused material adverse affects on the creditor’s rights; and(10) Other circumstances seriously harming the rights of the mortgagee.9.3 If the main creditor’s rights have other material guarantees or warranties simultaneously except in the present contract, they shall not affect any right of the mortgagee under the contract or its exercise, and the mortgager shall not use this as a defense against the mortgagee.9.4 If the creditor’s rights under the main contract have material guarantees (inclusive of being provided by the debtor or a third party) and warranty guarantee simultaneously, the mortgagee can not only realize the creditor’s rights in term of the material guarantee, and but also can require the warrantor to undertake the warranty liabilities. If the creditor’s rights under the main contract have more than two material guarantees (including theguarantee provided by the debtor) at the same time, the mortgagee will have the right to exercise the guarantee object rights for any or all of the guarantee objects therein. If the mortgagee has already selected a certain guarantee method or guarantee object to realize the creditor’s rights, then the mortgagee can also claim for realization of the full or partial creditor’s rights through other guarantee methods or guarantee objects.9.5Where the creditor’s rights under the main contract is guaranteed by material guarantee from the debtor and is guaranteed by other guarantors at the same time, when the mortgagee waives the guarantee object rights or the sequence of the guarantee object rights, or changes the said guarantee object rights, the other guarantors promise to still bear the guarantee liabilities according to the provisions of the contract.9.6 During the period of the contract, if the mortgagee transfers the main creditor’s rights in accordance with the law, the mortgagee shall obtain the consent of the mortgager in advance and sign a Agreement on Credit Assets Transfer, and the mortgager shall continue to bear the guarantee liabilities within tin the guarantee scope specified in the Agreement on Credit Assets Transfer.9.7 If transferring part of the creditor’s rights, the mortgagee shall transfer the corresponding guarantee object rights at the same time. If the mortgagee transfers the guarantee object rights, the mortgager shall offer assistance to process the corresponding procedures for registration of change.9.8 If the mortgagee changes the main contract through negotiation with the mortgager, the mortgager still shall assume the guarantee liabilities. But if the mortgagee fails to acquire the mortgager’s consent to increase contract amount, prolong credit period or extend its period, the mortgager will have the right to only bear the guarantee liabilities according to the amount and period specified in the contract.9.9 If the mortgagee realizes the creditor’s rights by means of litigation or arbitration method due to the breach of contract by the debtor or the mortgager, then the debtor and the mortgager shall bear the litigation fee, arbitration fee, execution fee and other fees for realization of the creditor’s rights.9.10 If the debtor does not perform the repayment obligations or the mortgager does not perform the guarantee liabilities, the mortgagee may disclose the default behavior to the public.Article 10 Culpa in contrahendoIf the mortgager refuses to or delays in processing the mortgage registration after signature of the contract, or if the contract fails to enter into force due to other reasons of the mortgager and the mortgage rights are unable to be effectively established, which leads to culpa in contrahendo and loss to the mortgagee, the mortgager shall assume all the compensation liabilities for the loss caused to the mortgagee. If the mortgagee is not fully compensated, the mortgagee will have the right to dispose the mortgage object which is to be provided in the present contract, and to be firstly compensated within the scope of the incurred economic loss.Article 11 Statement and commitment of the mortgager11.1 The mortgager understands and agrees all the terms and conditions of the main contract, and is willing to provide mortgage guarantee for the debtor, and expresses its full true intention in the contract.11.2 The mortgager has obtained all the consent, authorization and approval procedures necessaryfor providing mortgage guarantee for the main debts, without any legal flaws. If the guarantee object is co-owned, the guarantor promises to have been agreed by the co-owner.11.3 All the files, data and information that the mortgager provides to the mortgagee during the process of signing and performing the contract are true, correct, complete and effective.11.4 The mortgager has the complete and full right of disposition of the mortgage object. The mortgage object is free of ownership dispute and ownership flaw, and can be set mortgage in accordance with the law, without any restriction. The mortgage object is not sealed up, detained, kept under regulatory, rented, without tax and project arrears and other circumstance affecting the mortgagee to realize the mortgage rights.11.5 Where the mortgager is a legal person, if the mortgager changes its operation mechanism including but not limited to implementing contracting, lease, joint operation, merger, division, shareholding reform, joint venture with foreigner, and etc, or changes its business scope and the registered capital as well as its equity structure, the mortgager shall notice the mortgagee at least 30 days in advance; once the mortgager is involved in major economic disputes, or bankruptcy, shutdown, dissolution, suspension for rectification, being revoked of business license, or being cancelled, or there is a change to its domicile, telephone number, legal representative, and etc., the mortgager shall notice the mortgagee within 5 days from the date of its occurrence.11.6 During the mortgage period, the safety and soundness status of the mortgage object is or may be adversely affected; there occurs a dispute to the ownership of the mortgage object; the measures on property preservation such as seizure, detention and etc. or the execution measures have been taken for the mortgage object; when the mortgage object is or may be infringed from any third party and other circumstances which are adverse to realize the mortgage rights, the mortgager shall immediately, upon being informed, notice the mortgagee and take effective measures to prevent the mortgage object from being infringed, to prevent the mortgage object from being decreased in value, or shall provide a new mortgage object whose value is equivalent to the mortgage object, and shall still bear the guarantee liabilities within the range of the original value of the mortgage object.11.7 The mortgager is willing to bear all the relevant fees that shall be borne by it under the contract.11.8 When the mortgager handles the relevant business under the contract or performs the risk management program, the mortgager may according to its requirement inquire, print and save the personal information and credit report of the mortgager from the basic enterprise or personal credit information database of the People’s Bank of China, and may provide the basic information and banking business information of the mortgager to the basic enterprise or personal credit information database of the People’s Bank of China.Article 12 Default event and settlement12.1 Any of the following circumstances constitutes or is regarded as the mortgager’s breach of the contract under the present contract, and the mortgager shall pay the mortgagee the default fine, which shall be paid as stipulated by Article 17.7; if economic loss is caused to the mortgagee, the corresponding compensation shall be given.(1) Economic loss is caused to the mortgagee due to the mortgager’s false statement, untrue information and data and other reasons;(2) The mortgager is in violation of the provisions of the contract to arbitrarily transfer, rent, lend, contribute capital in kind, reform, rebuild, or dispose the full or part of the mortgage object with other methods;(3) The mortgager hinders in any way the mortgagee to dispose the mortgage object in accordance with the law and the relevant provisions of the contract;(4) The mortgager fails to provide the corresponding guarantee as required by the mortgagee when the mortgage object is damaged or decreased in value;(5) Where the mortgage object is a house, the mortgager fails to perform the notice obligation to the mortgagee upon being informed of that the house will be dismantled; if the mortgaged house property is dismantled, the mortgager fails to withdraw the dismantlement compensation money or perform the debt obligation;(6) Where the mortgage object is an enterprise, there occurs the event such as shutdown, dissolution, cancellation or bankruptcy;(7) A default event occurs to the mortgager under the other contract signed with the mortgagee or other finance agency;(8) The mortgager fails to obtain lawful and effective authorization necessary for the guarantee under the contract;(9) The mortgager fails to tell the following facts: default in the payment for taxes or the construction price of the mortgage object, and that the guarantee object is co-owned, disputed, mortgaged, leased, sealed up, frozen, detained, kept under regulatory, and etc.(10) The mortgager fails to process the procedures for registration, change registration and insurance as agreed by the contract, and fails to hand over title certificate;(11) The mortgager or its legal representative takes up illegal activity or involves in major litigation or arbitration; and(12) The mortgager is in violation of the other obligations agreed in the contract and affects the mortgagee to realize the mortgage rights.12.2 If there occurs the default event prescribed in the preceding paragraph, the mortgagee will have the right to take one or several measures below according to the specific situation:(1) Require the mortgager to address its default behavior within a certain time limit;(2) Fully or partially suspend or terminate the mortgager’s business application under the other contracts; fully or partially suspend or terminate the release and processing for the other credit business that has not yet been processed;(3) Declare the mortgager’s credit business under the other contracts is immediately due in whole or in part;(4) Terminate or cancel the contract, terminate or cancel the contract the other contracts between the mortgager and the mortgagee in whole or in part;(5) Require the mortgager to compensate the loss caused to the mortgagee due to its breach of the contract;(6) Have the right to stop credit granting, declare the contract is due in advance, and to exercise the mortgage rights; and(7) Other measures that the mortgagee deems necessary.OthersArticle 13 Effectiveness, change and cancellation of the contract13.1 The contract will enter into force once all the following conditions are met:(1) The contract will enter into force upon signature or seal by all the parties hereto.(2) The procedures for mortgage registration are completed.13.2 After the contract enters into force, except specified by the contract, neither the mortgager nor the mortgagee shall take the liberty to change or cancel the contract. If a party needs to change or cancel the contract, the party shall notify the other party in written form and reach a written agreement through mutual negotiation.13.3 After the main contract is invalid, if the debtor shall undertake the refund liability or compensation liability, then the mortgager shall assume the joint and several liquidation liabilities to the extent of its mortgage object.13.4 The mortgager’s address filled in the contract is its mailing address. As long as any written notice is sent to the above said address, it will be deemed as to be serviced. If there is any change to the mailing address of the mortgager, the mortgager shall notify the mortgagee in a written form within 10 days.Article 14 Settlement of disputes14.1 The dispute arising out of performing the contract shall be settled through negotiation by the parties. If negotiation fails, it shall be settled according to the following methods. For the detailed methods, please see the provisions of Article 18 hereof.(1) Litigation. Governed by the people’s court of the place where the mortgager is located.(2) Arbitration. Submit to the arbitration agency agreed by the parties for arbitration according to its arbitration rules.14.2 During the litigation or arbitration period, the articles not involving disputes in the contract shall remain valid.Article 15 Supplementary provisions15.1 The contract attachments are integral parts of the contract, and have the same legal effect with the main body of the contract.15.2 For the copy number of the contract, please see the provisions of Article 18 hereof.Part 2 Special ClausesContract No.: 176104131698461Article 16 Information on the contracting parties:The mortgager:ID certificate and No.:Address:Postal code:Tel:The mortgager:ID certificate and No.:Address:Postal code:Tel:The mortgager:ID certificate and No.:Address:Postal code:Tel:The mortgagee:Legal representative (principal):Domicile:Postal code:Tel: Fax:Article 17 Guarantee17.1 The main contract guaranteed by the present contract is No. Personal Loan Contract (hereinafter referred to as the Main Contract) signed by (hereinafter referred to as the Debtor) and the mortgagee on MM DD YY.17.2 The main creditor’s rights of the mortgage guarantee under the contract is the creditor’s rights which are established when the Debtor processes the business agreed in the Main Contract at the place of the Creditor, and the principal amount is RMB (in words) , i.e., (in numbers) ￥.17.3 The period for the Debtor to perform the debt is two (month(s) / year(s)), i.e., from MM DD YY to MM DD YY. If the actual debt performance period of the Main Contract is inconsistent with the provisions of this article, the Main Contract shall prevail.17.4 The mortgager is willing to use the property listed in the No. mortgage object list under the contract as a mortgage object to set mortgage. For more information, please see the mortgage object list.17.5 Mortgage registrationFor the mortgage object under the contract, the mortgager shall, together with the mortgagee,come to the relevant department to process the mortgage registration procedure within 15 working days from the date of signing the contract.17.6 Insurance of the mortgage objectThe mortgager shall cover insurance in full as required by the mortgagee within 15 working days from the date of signing the contract, and shall come to the insurance agency recognized by the mortgagee to cover property insurance of the mortgage object with the mortgagee as the first beneficiary as required.17.7 If the mortgager is in breach of the contract, the mortgager shall pay default fine to the mortgagee. The default fine will be paid as per 100% of all the debt principal of the Main Contract.Article 18 Methods for dispute settlementDisputes shall be settled according to the method (1) below.(1) Litigation.(2) Arbitration: the full name of the arbitration agency is: . Article 19 Other agreed matters1. If the borrower fails to pay off the loan principal and interest on schedule as stipulated in the contract, the lender will have the right to recover all the loan principal and interest in advance.2. The borrower and the mortgage (pledge) guarantor shall bear all the costs, such as attorney fee, various procedure fees for disposition of the mortgage (pledge) object, management fee, action fee, and other fees, occurring during the lender’s taking measures for rights protection due to the borrower’s breach of the contract.3. If changing contract telephone number and address, the borrower and the guarantor shall inform the lender immediately, otherwise, the lender will have the right to recover all the loan principal and interest in advance.4. When the lender disposes the mortgage house property in accordance with legal procedures, the mortgager can provide a place of residence and resettlement on its own.5. Before the loan principal and interest is fully paid off, the borrower shall not set any mortgage right, guarantee right, pledge right, lien right, or other guarantee object right on its assets and incomes, and also shall not allow for renewal of those guarantee object rights.6. If the borrower has overdue loan in other banks or is litigated, or generates major operation risk, safety accident or various crisis affecting its repayment capacity, then the lender will have the right to recover all the loan principal and interest in advance.Article 20 Supplementary provisionsThe contract is made in triplicate, with the Debtor holding one copy, the mortgagee holding one copy, and the mortgage department holding one copy, all having the same legal effect.Special tips:The mortgager has read all the terms and conditions of the present contract and the Main Contract. At the request of the mortgager, the mortgagee has explained the corresponding terms and conditions of the present contract and the Main Contract. The mortgager has completely known and fully understood the meaning of the terms and conditions of the present contract and the Main Contract as well as their corresponding legal consequences. The both parties are consistent on the terms and conditions of the present contract and the Main Contract, without any dispute.The mortgager (seal):Legal representative (principal):MM DD YYThe mortgager (seal):Legal representative (principal):MM DD YYThe mortgager (seal):Legal representative (principal):MM DD YYThe mortgagee (seal):Legal representative (principal):MM DD YYSigning place:。