What are the basic provisions of the vehicle mortgage counter-guarantee contract?
First, explain 1. Party B in this contract refers to the mortgagee who accepts the property mortgage guarantee provided by Party A in the legal relationship of counter-guarantee, and is also the guarantor who provides guarantee for Party C. 2. Party A in this contract refers to the counter-guarantor in the legal relationship of counter-guarantee, that is, the mortgagor who provides property mortgage guarantee to Party B. 3. The debtor in this contract refers to the guarantor who has debts to creditors and Party B provides guarantee for such debts. 4. The creditor in this contract refers to the creditor who has the creditor's right to the debtor and has accepted the guarantee provided by Party B. Article 2. The mortgagor Party A takes the following properties as counter-guarantee collateral: Article 2. The mortgagor Party A takes the following properties as counter-guarantee collateral: Article 3. Pledge 1. Collateral under this contract refers to the property owned and provided by Party A for setting counter-guarantee mortgage for Party B, as well as fruits, attachments and substitutes of this property. 2. The value of the collateral is RMB. These values are only used for mortgage registration, and do not serve as the valuation basis for Party B or other obligees to dispose of the collateral according to this contract, nor do they constitute any restrictions on Party B's exercise of mortgage rights. 3. If the collateral agreed in Article 2 of this contract is disposed of by Party A, Party B's mortgage right is automatically higher than that of Party A's similar collateral with the same value .. Article 4. Scope of mortgage guarantee The scope of counter-guarantee in this contract includes all the money paid by Party B to the loan bank for undertaking the guarantee responsibility under the entrusted guarantee contract (including but not limited to the actual loan principal, interest, penalty interest, compound interest, liquidated damages, legal fees, property preservation fees, travel expenses, notary fees paid to the loan bank or a third party, attorney fees and other expenses). The principal and interest of the guarantee fee, liquidated damages and damages that Party C should pay to Party B, the relevant expenses incurred by Party B in the course of recovery (including but not limited to legal fees, property preservation fees, travel expenses, notarization fees, lawyer's agency fees and other expenses for realizing creditor's rights), and the compensation interest incurred by Party B before repayment. The interest rate is calculated according to the benchmark loan interest rate of China People's Bank for the same period; If the relevant judgment documents order double payment of delayed performance interest, it shall be paid according to law. When the benchmark loan interest rate and double deferred interest exist at the same time, the higher one shall prevail. Article 5. Party A's promises and guarantees 1. Party A guarantees that it enjoys independent, complete and legal ownership and disposal right of the collateral. 2. Party A guarantees that the collateral provided by it does not have any actual or potential disputes or defects before the signing of this contract, and does not involve any litigation or arbitration. 3. Party A guarantees that all the information provided by it related to the collateral is true, complete, legal and effective. Article 6 obligations of party a. Party A guarantees that it is the legal owner of the mortgaged property. During the mortgage period, without the written consent of Party B, Party A shall not transfer, transfer, sell, donate, repeatedly mortgage or otherwise dispose of the collateral, and shall not reduce or reduce the value of the collateral. 2. Where the value of collateral is reduced or reduced due to Party A's actions, Party A shall bear the responsibility, and Party A shall provide Party B with new collateral equivalent to the reduced value within 15 days. Where the value of the mortgaged property is reduced or reduced due to reasons other than Party A's, Party B has the right to ask for a guarantee within the scope of compensation obtained by Party A. 3. During the mortgage period, Party A shall properly occupy and keep the mortgaged property, and be responsible for its repair and maintenance, so as to ensure that the mortgaged property is in good condition, and accept Party B's inspection at any time. Related expenses (such as storage, operation, repair and maintenance, etc. It shall be borne by Party A. 4. Party A shall not conceal the existence, dispute, sealing up, seizure or mortgage of the collateral. 5. The expenses related to this contract such as registration, notarization, insurance, appraisal, transportation and storage shall be borne by Party A ... Article 7. If mortgage registration is required, Party A, Party B and Party C shall go through the formal registration formalities of mortgage under this contract with the property right registration authority at the same time when signing this contract, and Party B has the formal right to exercise mortgage: (1) Party A violates any promises and guarantee clauses of this contract. (2) Party A violates any other terms or obligations or responsibilities of this contract. (3) Party C fails to repay the debts to the creditors, which leads the creditors to claim compensation from Party B. (4) Party A, Party C or the company is declared closed, dissolved or bankrupt. (5) The collateral is sealed up, frozen, auctioned or other compulsory measures taken by judicial organs or other competent organs. (6) Party A and Party C have other behaviors that violate this contract or endanger the legitimate interests of Party B, which is enough to hinder the normal performance of this contract. (7) Party C arbitrarily changes the loan contract with the loan bank. (8) Party C repays the loan bank in advance without authorization. (9) Party A and Party C arbitrarily change or terminate this contract in advance. In case of the above-mentioned breach of contract or Party C's failure to repay the loan at the time agreed in the loan contract, which causes Party B to pay off the loan on its behalf, Party B has the right to disclose (including but not limited to blacklists or announcements) the breach of contract of Party A and Party C in any media (including but not limited to newspapers and other paper media and online media). Article 10 Independence of contracts 1. All obligations and responsibilities of Party A under this Contract shall not be automatically dissolved or terminated due to the dissolution or termination of other contracts. 2. All obligations and responsibilities of Party A under this contract shall not be relieved or exempted due to the instructions of the superior units of each party or any agreement, document or contract signed by each party and other units. 3. All obligations and responsibilities of Party A under this contract shall not be released or exempted due to the merger, division, reorganization, bankruptcy, dissolution or cancellation of both parties or the change of enterprise registration items, and the rights and obligations listed in this contract shall continue to bear the counter-guarantee responsibilities by the changed parties and successors. Article 11 Settlement of Contract Disputes This contract is governed by the laws that have been published and are being implemented in China. Any dispute arising from the performance of this contract can be settled through negotiation. If negotiation fails, either party may bring a lawsuit to the people's court where Party B is located. Article 12 Effectiveness of the Contract This contract shall come into effect after being signed by Party A, Party B and Party C. Any supplement, modification and change of this contract shall be agreed by the three parties through consultation and a written agreement shall be signed. Article 13 Termination of the Contract This contract shall be terminated after the debtor has paid off all the debts to the creditors or the secured creditor's rights of Party A have been paid off. Article 14, Other Article 15, Notarization 1. Party A, Party B and Party C confirm that they have fully and clearly understood the meaning, content, procedure and effect of compulsory notarization in accordance with relevant laws and regulations. 1, Party A, Party B and Party C voluntarily apply to the notary office for notarization of this contract and its enforcement effect from the date of signing this contract. The notarization fee shall be borne by Party C. 2. Party A confirms and guarantees the correct performance of the counter-guarantee obligations stipulated in this contract. Where Party C fails to perform the debt due to the expiration of the debt performance period agreed in the master contract, which causes Party B to make compensation according to the entrustment guarantee contract, Party A guarantees to properly perform the counter-guarantee repayment obligations agreed in this contract. Otherwise, Party A will voluntarily give up the right of defense and accept the compulsory execution of the people's court with jurisdiction. 3. Party C confirms that if Party C fails to perform its debts at the expiration of the debt performance period agreed in the main contract, which leads to compensation by Party B according to the entrustment guarantee contract, Party C voluntarily waives its right of defense and accepts compulsory execution by the people's court with jurisdiction. 4. Party A guarantees that it will notify Party B in time if its domicile and mailing address are changed, otherwise, whether Party A receives the "dunning notice" sent by Party B or not, in this case, it will be deemed that Party A has properly received and voluntarily waived its defense right against Party B's notification obligation ... 5. Party C guarantees that it will notify Party B in time if its domicile and mailing address are changed, otherwise, whether Party C receives the "dunning notice" sent by Party B or not, in this case, It is deemed that Party C has properly received and voluntarily waived the right of defense against Party B's notification obligation ... 6. The agreement on enforcement by Party A, Party B and Party C takes precedence over the dispute settlement clause of this contract. Two. Applying for an execution certificate According to Article 12, paragraph 1, Party B has the right to apply to the notary office for an execution certificate. And apply to the court where Party B is located for compulsory enforcement of Party A's collateral and Party C's property with this certificate, without going through legal procedures. Article 16 The text of this contract and the original signed contract are in sextuplicate, one for Party A, Party B, Party C and the notary office, all of which have the same legal effect. This contract was signed in Ian Financing Guarantee Co., Ltd. on 20 13. Party A: Representative/Agent (signature): Party B: Ian Financing Guarantee Co., Ltd. Representative/Agent (signature): Party C: Representative/Agent (signature):