Contract number:
Lender (mortgagee): (hereinafter referred to as "Party A")
ID number:
Borrower (Mortgagor): (hereinafter referred to as "Party B")
ID number/business license registration number:
Party B borrows money from Party A and mortgages the legally owned vehicles to Party A as collateral (hereinafter referred to as "collateral"). Through negotiation, both parties hereby conclude this mortgage loan contract for mutual compliance.
First, the loan conditions
Article 1 Party A shall provide Party B with loan funds in RMB (in words) and figures.
Article 2 The term of the loan under this contract shall be from the date of the month to the date of the month. If the actual loan release date is inconsistent with the loan start date, the loan start date shall be subject to the actual loan release date, and the loan term shall be postponed accordingly.
Article 3 The loan interest rate under this contract is fixed and the monthly loan interest rate is.
Article 4 The loan fund shall be used exclusively, and Party B shall not use it for other purposes.
Second, the mortgage clause
Article 5 The collateral provided by Party B is: vehicles. Details of collateral:
1. Name and brand of motor vehicle:
2. License plate number and model:
3. Quantity:
4. Depreciation price:
5. Engine number:
6. Frame number:
7. Collateral owner * * *: Relationship with Party B:
Article 6 The effect of mortgage right extends to the mortgaged property and its objects, rights, appendages, attachments, processed products, fruits and subrogation.
Article 7 The scope of mortgage guarantee includes the loan principal, interest, liquidated damages, compensation and expenses for realizing creditor's rights and security rights (including but not limited to notarization fees, appraisal fees, auction fees, preservation fees, litigation or arbitration fees, delivery fees, execution fees, storage fees, transfer fees, attorney fees, travel expenses and other expenses).
Article 8 Party B shall, within days from the date of signing this contract, go through the mortgage registration formalities of the collateral under this contract with the registration authority.
Article 9 If the collateral under this contract is owned by the owner, the owner agrees to provide guarantee to Party A with the collateral under this contract. If Party B fails to pay off the debts as agreed in this contract when the loan debt under this contract expires (including the situation that Party A announces the loan is due in advance), the owner of * * * agrees that Party A has the right to exercise the mortgage at any time in the way agreed in this contract, and the owner of * * * provides necessary assistance for Party A to realize the mortgage.
Third, insurance.
Article 10 Where Party A requires Party B to insure the collateral, Party B shall assist in handling the corresponding insurance procedures, with the insurance amount not less than the assessed value of the collateral, and the insurance period shall be longer than the debt performance period under this contract for six months, and Party A shall be designated as the first beneficiary of the insurance rights and interests. After the insurance formalities are completed, Party B shall hand over the insurance policy to Party A for safekeeping.
Article 11 In the event of an insurance accident during the mortgage period, the insurance premium shall be deposited into the account designated by Party A, and the debt shall be paid off at maturity or in advance.
Article 12 During the validity of this contract, Party B shall pay all premiums on time and perform other obligations necessary to maintain the effective existence of insurance.
Fourth, issue loans.
Article 13 Before all the following conditions are met, Party A has the right to refuse to grant the loan:
1. Party B has completed the relevant legal procedures such as government permission, approval and registration, and other procedures required by Party A, and the above procedures such as permission, approval or registration have come into effect and will continue to be effective, and have legal effect on third parties;
2. The guarantee under this contract has come into effect and continues to be effective, and the security interest has obtained the certificate of other rights through mortgage registration, which continues to be effective and can resist the third party;
3. There are no debt disputes and ongoing lawsuits that may adversely affect Party B's repayment ability;
4. Party B has not violated the provisions of this contract;
5. Other prerequisites:
Article 14 After Party B completes the mortgage registration procedures of the collateral under this contract, Party A shall issue the loan within working days. Both parties agree that Party A will transfer the loan to the bank account designated by Party B. Once the transfer is successful, it will be deemed that Party B has withdrawn and used the loan. ..
V. Loan repayment
Article 15 The repayment method of loan principal and interest under this contract is as follows:
1. Repay the principal in one lump sum at maturity, and pay the interest on a monthly basis, and the interest at maturity will be paid with the principal. The monthly interest is RMB. If interest is calculated on a daily basis, the daily interest rate = monthly interest rate ÷30. What day of each month is the interest payment date? Today is the loan maturity date. The loan value date is the transfer date of Party A. If the loan value date to the first interest payment date or the last interest payment date is less than one month, the interest will be calculated according to the actual loan days.
2. Equal repayment of principal and interest. In other words, during the loan period, the amount of principal and interest repaid each month is the same. The monthly repayment amount is RMB: Yuan.
3. Repay the principal and interest when due. When the loan term expires, Party B shall pay off all the loan principal and interest to Party A in one lump sum.
Article 16 If there is no corresponding repayment date in the repayment month, the repayment date shall be the last day of the repayment month.
Seventeenth if the repayment date is a legal holiday or public holiday, the repayment date will not be postponed.
Article 18 Party B shall pay the repayment amount to the following bank account of Party A by transfer:
account name
account number
bank of deposit
Realization of mortgage of intransitive verbs
Article 19 If Party B fails to pay off the debts as agreed in this Contract (including the situation that Party A announces the early maturity of the loan), Party A has the right to exercise the mortgage right at any time. Party A has the right to exercise the mortgage right on the collateral in any of the following ways:
1. Negotiate with Party B to pay off debts or give priority to compensation by discounting the proceeds from auction and sale of collateral;
2. Request the people's court to auction or sell the collateral, and the proceeds will be paid in priority.
Seven. Order of Party B's Debt Settlement
Article 20 In principle, the funds obtained by Party A to pay off the debts under this contract and the corresponding guarantee contract shall be paid off in the order of paying off the expenses for realizing creditor's rights and security rights first, then paying off the liquidated damages and compensation, then paying off the interest and finally paying off the principal.
Eight, early repayment
Article 21 Where Party B requests prepayment, it shall apply to Party A in advance. With the consent of Party A, both parties shall sign a written agreement separately to clarify the rights and obligations of both parties. Without the consent of Party A, Party B shall not prepay.
Nine. Representations and warranties of Party B.
Article 22 As a person with full capacity for civil conduct, Party B has all necessary rights and capacity for conduct, and can perform the obligations under this contract in its own name and bear corresponding responsibilities.
Article 23 The signing and performance of this contract by Party B is a true expression of Party B's intention, and there are no legal defects.
Article 24 All documents, materials and information provided by Party B to Party A in the process of signing and performing this contract are true, accurate, complete and effective, and Party B has not concealed any information from Party A that may affect its repayment ability. ..
Article 25 Party B shall have the complete right to dispose of the mortgaged property. If the collateral is owned by * * * *, all necessary consents to the disposal of the collateral have been obtained, and Party A has been provided with proof that * * agrees to mortgage the collateral.
Article 26 Party B guarantees that before the signing of this contract, the collateral under this contract has not been mortgaged without notifying Party A, and there are no other third party rights on the collateral.
Article 27 The collateral is flawless, has not been sealed up, detained or supervised according to law, and there is no dispute, mortgage, pledge or litigation (arbitration).
X. Rights and obligations of Party A
Article 28 Party A has the right to inspect and supervise Party B's loan use, business and financial capital, liabilities and external guarantees, major health conditions, marriage, work, income, residence and personal property, etc. Party B shall cooperate and provide relevant information and reports required by Party A on time and truthfully.
Article 29 On the premise that Party B fulfills the obligations stipulated in this contract, Party A shall grant the loan to Party B as stipulated in this contract.
Article 30 When Party B evades Party A's supervision, defaults on the loan principal and interest, maliciously evades debts or commits other serious breach of contract, Party A has the right to notify the relevant departments or units, and to announce the collection in the news media. Party A's notice and announcement shall be deemed as claiming rights from Party B. ..
Article 31 After deducting the expenses of disposing the collateral and paying off all debts within the scope of mortgage guarantee under this contract, Party A shall return the remaining funds to Party B. ..
Article 32 Where the value of collateral decreases due to the actions of Party B or a third party, Party A has the right to demand that Party B or the third party stop their actions, and to demand that Party B restore the value of collateral, or demand that Party B provide a guarantee equivalent to the reduced value.
Article 33 After all the creditor's rights within the scope of mortgage guarantee under this contract are paid off on schedule, Party A shall assist Party B to handle the mortgage registration cancellation procedures.
XI。 Rights and obligations of Party B
Article 34 Party B shall use the loan for the purposes agreed in this contract, and shall not use the loan under this contract for other purposes. Party B shall bear all expenses under the Contract, including but not limited to notarization fees, appraisal fees, evaluation fees, registration fees, insurance fees and expenses related to the evaluation, registration, notarization, appraisal, insurance, storage, repair and maintenance of the collateral.
Article 35 Party B shall repay the loan principal under this contract and pay interest according to the time, amount and currency agreed in this contract.
Article 36 Party B shall notify Party A in writing within days of the occurrence or possible occurrence of the following events:
1. Litigation, arbitration, administrative measures, property preservation measures, enforcement measures or other major adverse events that have or may have a significant adverse impact on Party B's repayment ability;
2. Significant changes have taken place in the work and income of Party B or its family members;
3. Party B's name/position, address and contact information have changed;
4. Dispose of all or part of important assets by selling, donating, leasing, lending, transferring, mortgaging and pledging;
5. Providing a guarantee for a third party has a significant adverse impact on its financial status or its ability to perform its obligations under this contract;
6. The company, individual industrial and commercial households and other organizations invested or actually controlled by Party B have serious difficulties in operation, their financial situation has deteriorated, or other matters that may affect the investment safety of Party B have occurred.
Article 37 When the guarantee under this contract changes relative to Party A's creditor's rights, Party B shall provide other guarantees recognized by Party A in time according to Party A's requirements.
The "change" mentioned in this paragraph includes but is not limited to: Party B stops production, goes out of business, dissolves, suspends business for rectification, is revoked, its business license is revoked, and it applies for bankruptcy or is filed for bankruptcy; Party B's operation or financial situation has undergone major changes; Party B's income has undergone major changes; Party B is involved in a major lawsuit or arbitration case; The value of collateral is reduced or may be reduced or compulsory measures such as property preservation are taken; Party B breaches the contract; Invalid or invalid security interest; Other events affecting the security of Party A's creditor's rights, etc.
Article 38 Party B shall take out insurance as agreed in this contract.
Article 39 Party B shall assist Party A to realize the mortgage right and shall not set up any obstacles.
Twelve. responsibility for breach of contract
Article 40 Party B commits one of the following acts, which is a breach of contract. Party A has the right to stop paying the outstanding loan to Party B, unilaterally announce that the loan granted under this Contract is due in advance, and require Party B to immediately repay all the due loan principal and settle the interest;
1. Failing to use the loan for the purpose agreed in this contract;
2. Failing to repay the principal or pay interest in full and on time as agreed in this Contract;
3. The information or materials provided to Party A are untrue, or Party A refuses to accept its supervision over the use and operation of the loan;
4. Failure to perform the obligations agreed in this contract, or violation of the statements and guarantees agreed in this contract;
5. Conceal the existence, dispute, sealing up, seizure or mortgage of the collateral;
6. Dispose of collateral without Party A's consent;
7. During the performance of this contract, Party B has any event that may endanger the security of Party A's creditor's rights. ..
Article 41 If Party B fails to pay the interest in time, it shall, from the date of overdue, pay the interest at the agreed interest rate, and pay a penalty of% of the loan principal to Party A every day until the interest is fully paid off.
Article 42 If Party B fails to pay the principal on time, it shall pay liquidated damages to Party A at the rate of%/day from the overdue date to the date when the principal is fully paid off.
Article 43 If Party B fails to use the loan according to the purpose agreed in this contract, Party B shall pay Party A%/day of the misappropriated loan as penalty from the date of misappropriation.
Article 44 For overdue and misappropriated loans, the liquidated damages shall be collected according to the higher liquidated damages stipulated in this contract.
Article 45 If Party B fails to repay the loan principal and pay interest in full and on time, it shall bear all expenses paid by Party A to realize the creditor's rights, including but not limited to legal fees, lawyer's fees and all other reasonable expenses payable.
Article 46 After this contract comes into effect, if Party B refuses to cooperate with Party A to handle the mortgage registration procedures under this contract, Party B shall pay Party A a penalty of% of the total loan amount.
Article 47 Where Party B dies, is missing, has limited capacity for civil conduct or loses capacity for civil conduct, Party B's property heirs, property trustees and guardians shall perform their obligations under this contract. In case of refusal to perform, Party A may exercise the mortgage right in advance and be compensated with the proceeds from the disposal of the collateral.
Thirteen. Notification and delivery
Article 48 Party A and Party B shall each send a representative as the contact person for this cooperation, and the views expressed by the contact person in written form shall be regarded as the views and opinions of both parties. The contact person has the right to accept the documents and letters exchanged by both parties on his behalf and sign the relevant documents and letters. When the contact person signs for the relevant documents and letters, it is deemed that Party A or Party B has signed for the relevant documents and letters.
1. Contact information of Party A:
Last name:
Contact telephone number:
Mailing address:
E-mail:
2. Contact information of Party B:
Last name:
Contact telephone number:
Mailing address:
E-mail:
Article 49 Letters or notices sent by both parties to each other during the performance of this contract can be delivered not only to the person who has the right to receive them, but also to the contact information and address reserved in this contract:
1. If it is a letter, the postmark date shall be the delivery date;
2. If it is a fax, the sending date is the delivery date;
3. If delivered by hand, the date of receipt by the addressee shall be the date of delivery;
4. If delivered by a professional courier company, the delivery date is three days after delivery by the sender;
5. If delivered by e-mail, the delivery date shall be the date when the e-mail is sent;
6. In the case that Party A's relevant documents cannot be directly delivered to Party B (including but not limited to Party B's loss or rejection), if Party A sends them to this address by express mail or registered mail, it shall be deemed as delivery.
Article 50 If either party changes its contact information or address, it shall immediately notify the other party in writing. Otherwise, the other party's service to the above address is still valid.
Fourteen Dispute resolution method
Article 51 All disputes and disputes arising from or related to this contract shall be settled by both parties through consultation. If negotiation fails, it shall be submitted to the competent court. During the period of dispute, all parties shall continue to perform the terms that are not involved in the dispute.
Fifteen. others
Article 52 This contract shall come into effect as of the date of signature or seal by both parties.
Article 53 Any changes to this contract shall be made by both parties through consultation and in writing. The revised terms or agreement constitute a part of this contract and have the same legal effect as this contract. Except for the changed part, the rest of this contract is still valid, and the original clauses of this contract are still valid before the changed part takes effect.
Article 54 This contract is made in triplicate, one for each party and one for the registration department.
Special note: This contract is concluded by both parties through consultation in accordance with the law on the basis of equality and voluntariness, and all contract terms are true expressions of both parties' intentions. Both parties have taken reasonable measures to draw the attention of the other party to the clauses in this contract that exempt or limit the responsibilities of both parties, and have explained and explained the relevant clauses according to the requirements of the other party. The parties to this contract have the same understanding of the meaning of the clauses in this contract.
(The following is the signature and seal part, with no text content)
Party A (signature):
Party B (signature or seal):
Legal representative/authorized agent (signature):
Owner * * * agrees to mortgage (signature):
Signing time: year month day
Signing place: city (county)