Pawnshop loan contract model 1
Mortgagor: Chengdu Tongxing Pawn Co., Ltd.
Address: No.238 Wuhouci Street, Chengdu
Contact telephone number:
Pawnbroker:
ID number:
Domicile (address):
Contact telephone number:
First, the pawnbroker pawned the following items to the pawnbroker:
1. The pawnbroker mortgaged all his property to the mortgagee:
2. The pawnshop mortgaged all the property rights located in the house (property certificate number:, use nature:, area: ㎡) to the pawnshop;
3. Pawnshops mortgage all their land (land certificate number:, land area:, land service life:, land nature:) as pawnbrokers;
4. The pawnshop mortgages the project under construction (land ownership certificate number:, commodity house pre-sale permit number:) as collateral to the mortgagee;
5. The pawnbroker pledges his property rights to the pawnbroker.
6. Others:
2. The appraised value of the pawned property is determined by both parties through negotiation: 10,000 yuan. (The amount of real estate appraisal shall be determined by both parties through consultation. If negotiation fails, the pawnshop shall determine the real estate appraisal agency to conduct the appraisal, and the appraisal fee shall be borne by the pawnshop. )
3. The amount of pawn is determined by both parties through negotiation as 10000 yuan.
4. From one day to one year.
Verb (abbreviation of verb) A pawnshop shall charge the pawnbroker a comprehensive fee of% of the pawnbroker's amount every month and pay it to the pawnbroker on the day of each month. The interest of the pawnbroker shall be calculated at the monthly interest rate of% of the pawnbroker's amount, and the pawnbroker shall pay it to the pawnbroker on a monthly/quarterly/lump sum basis; If the gold interest is paid monthly/quarterly, the first interest shall be paid on the date of signing the contract, and the subsequent gold interest shall be paid before the expiration of the next month/quarter.
If the pawnbroker fails to pay the pawnbroker's comprehensive expenses and pawnbroker's interest in time, it shall pay the pawnbroker liquidated damages on a daily basis. If the payment is overdue for more than one month, it shall be regarded as absolute payment and shall be handled according to Article 12 of this Contract.
Seven, the pawnshop to return part or all of the pawn money in advance, must be approved by the pawnshop. If both parties reach an agreement, the pawnshop will return the part of the pawnshop without charging the interest and comprehensive fees of the pawnshop.
Eight, the pawn period and within five days after the expiration of the pawn period, the lease can be renewed through consultation between both parties. The renewal period shall be agreed by both parties separately. At present, the pawnshop has to settle the previous interest and current expenses.
Nine, the pawn period or renewal period expires, the pawn shop should be redeemed or renewed within five days, overdue redemption or renewal, it is absolutely necessary.
X under the following circumstances, the mortgagee shall pay the pawn fee to the pawnshop according to the contract:
1. On the day when the pawnshop delivers the pawnbroker of this contract to the pawnshop and notarizes the contract, the pawnshop shall pay the expenses agreed in the contract to the pawnshop, and the expenses required for notarization shall be borne by the pawnshop;
2. When the pawnbroker completes the pawn registration formalities of this contract and notarizes this contract according to laws and regulations, the pawnbroker shall pay the money agreed in this contract to the pawnbroker, and the expenses arising from the mortgage registration and notarization of this contract shall be borne by the pawnbroker. If insurance is needed, the insurance obligor is a pawnshop, and the premium is paid by the pawnshop;
3. Others:
Eleven, the pawnbroker has the right to collect the pawnbroker's fruits during the pawn period, and the fruits should first be used to offset the cost of collecting fruits.
12. If there are improper items, the pawnshop unconditionally agrees that the pawnshop should handle the improper items in the following ways, and it is not necessary to notify the pawnshop separately when handling the improper items:
(1) If the assessed value of the pawnshop is more than 30,000 yuan, both parties agree that the pawnshop will entrust Sichuan Zhongcheng Auction Co., Ltd. to auction or claim the creditor's rights according to the relevant provisions of the Guarantee Law of People's Republic of China (PRC). Deduct auction fees and the pawnbroker's interest, comprehensive expenses, liquidated damages, damages, collateral storage expenses and expenses for realizing creditor's rights (including but not limited to execution fees and attorney's fees, etc.). ), the rest should be returned to the pawnshop, and the insufficient part can be recovered from the pawnshop.
(2) If the assessed value of the absolute thing is less than 30,000 yuan, the mortgagee may sell it or discount it at his own expense.
Thirteen, after the pawn transaction, due to disputes over the ownership of the pawnshop or other reasons not attributable to the pawnshop, the pawnshop shall be liable for compensation.
14. After the pawn expires, when the pawnbroker has fully fulfilled all the obligations payable under this contract, the pawnbroker returns the pawned goods to the pawnbroker, and this contract is terminated.
15. The address reserved in the text of this agreement is the only contact address of both parties, and all communications shall be subject to this address. If there is any change, it shall promptly notify the other party in writing; If it is not informed, it shall be deemed as unchanged.
16. This contract shall come into effect after being signed or sealed by the legal representatives (authorizers) of both parties.
17. This contract is made in quintuplicate, with each party holding one copy; One copy is handed over to the property right office, one to the economic management office and one to the notary office.
18. The annexes to this contract are as follows:
1. Basic information on the identity of pawn shops (Annex I);
2. Ownership certificate and mortgage registration certificate of the pawned property (Annex II);
Mortgagor: Mortgagor:
Legal representative:
Signature Representative: Signature Representative:
Date of signing the contract: year month day.
Model loan contract of pawnshop II
Lender: (hereinafter referred to as "Party A")
Borrower: (hereinafter referred to as "Party B")
Article 1: general rules
Party A and Party B signed this contract in Beijing Wanrong Pawn Co., Ltd. on February 9, 20x 65438+20x, and Party B is willing to mortgage its legally owned real estate to Party A as loan guarantee, and pay the interest and related expenses agreed in this contract. In order to further clarify matters other than pawn tickets, both parties have reached an agreement through consultation to conclude this contract for compliance.
Article 2: Mortgaging real estate
Venue: Room 302, Unit 4, Floor 3, Building 9, Tianfengyuan, Greentown Lily Apartment, Yancun Town, Fangshan District.
Building area: 138. 34 square meters
House and land use: residential.
Building structure (type): steel and concrete
Value of mortgaged real estate: one million seven hundred and ninety-eight thousand four hundred and twenty Yuan only. Title certificateNo.: X J.F.Q.Zi No.0 10542.
Article 3: Guarantee scope of mortgaged real estate
Dispose of the loan principal (collateral), interest, comprehensive expenses, liquidated damages, damages, legal fees, property preservation fees, lawyer's service fees and other expenses of the mortgaged real estate, as well as the expenses and other expenses that Party A may prepay ... If there is a specific amount stipulated in this contract, it shall be followed; If there is no agreement, the amount of the receipt invoice issued by the relevant unit to Party A shall prevail. ..
Article 4: Loan amount (collateral) and loan term
Loan amount (cash): RMB (in words) six hundred yuan only (agreement).
Monthly interest rate: 0. 5%, monthly comprehensive rate: 2. 7%
Loan term: February, 20x 19 to June, 20x 19 (the specific loan term and amount shall be signed by both parties on the pawn ticket). During the loan period and within 5 days after the loan expires, Party A and Party B may renew the loan through negotiation. At that time, both parties will sign the loan renewal certificate, and the loan termination date specified in the loan renewal certificate is the loan termination date of this contract. The matters agreed in this contract shall remain valid during the renewal period. If Party B fails to repay the loan or renew the loan as agreed five days after the expiration of the loan termination date determined by the pawn ticket or renewal ticket, it shall be deemed as absolute, and Party A has the right to apply for compulsory execution. If it is necessary to re-register the real estate mortgage, Party B shall go through the relevant registration procedures as required by Party A. ..
Article 5: Registration
Within 5 working days after the signing of the Contract, Party A and Party B shall apply for real estate mortgage registration to the municipal or district (county) real estate registration department in accordance with the city's real estate registration management authority, and apply for other rights certificates of real estate.
Article 6: Insurance
During the mortgage period, Party B shall purchase insurance for the mortgaged real estate, the insurance premium shall be borne by Party B, and the insurance policy shall be kept by Party A. During the mortgage period, Party A shall be the first beneficiary of the insurance compensation. If the insurance compensation is not enough to pay off all the debts under this contract, Party A has the right to exercise the mortgage right according to the agreement of this contract and take other means to pursue it.
Article 7: Possession and management of mortgaged real estate
During the mortgage period, Party B promises to take good care of the mortgaged real estate in its possession, and is responsible for repairing and maintaining it to ensure its integrity, and has the obligation to cooperate with Party A's supervision and inspection.
Article 8: Restrictions on Disposal of Mortgaged Real Estate
During the mortgage period, without the written consent of Party A, Party B shall not transfer, sell off, pay off debts or dispose of the mortgaged real estate by other transactions, nor make any substantial structural changes to the mortgaged real estate. If losses are caused to Party A, Party B shall be liable for compensation.
Article 9: Lease of mortgaged real estate
During the mortgage period, if Party B really needs to lease the mortgaged real estate, it shall obtain the written consent of Party A in advance, inform the lessee of the mortgage fact in writing, and submit the lease contract to Party A for filing. At the same time, in the signed with the lessee
As stipulated in the lease contract, when Party A exercises the mortgage right to realize the lessor, that is, Party B as stipulated in this contract, the lessee shall move out of the real estate within 10 days from the date of Party A's notice and report the lease contract to Party A for filing. The contents submitted to Party A for the record must be consistent with the contents registered by the real estate trading center. Party B shall not change the contents of the contract, including extending the lease term and using it in other forms, and all the consequences arising therefrom shall be borne by Party B, the lessee and the user.
Article 10: Party B's Warranties and Commitments
Party B guarantees that it enjoys legal ownership, disposition and possession of the mortgaged real estate. When Party A and Party B signed this contract and pawned the tickets, there was no third party mortgage, loan, custody, seizure, withholding and litigation. There is no ownership dispute or other right defect in mortgaged real estate.
Party B and collateral * * * some people are willing to use their collateral (all rights and interests of real estate) as a guarantee to repay the loan principal and other related expenses under the loan terms of this contract.
Collateral * * * Some people agree to mortgage the collateral of this contract, and share the repayment responsibility with the borrower * * *. They are willing to seek housing unconditionally when they need to dispose of collateral to repay the secured debt. Party B has fully understood and guaranteed to perform the terms of this contract, and promised that all the rights and obligations stipulated in this contract will not be used as a reason to exercise the right of defense and litigation.
Article 11: Termination of real estate mortgage relationship
The mortgage contract shall be terminated after Party B pays off the loan principal (collateral) and interest, pays the corresponding expenses, and has fully fulfilled all the terms of this contract. Party A and Party B shall apply to the real estate registration department for cancellation of mortgage registration within 10 days from the date of termination of the mortgage contract.
Article 12: Exercise and Realization of Real Estate Mortgage
In violation of Article 10, Party B conceals facts, provides false documents, the second residence is lost, goes bankrupt, the debtor dies, or is demolished. If the mortgage right may be eliminated or partially eliminated, or Party B exercises the right of defense, the Contract will be terminated ahead of schedule and the mortgage right of real estate will be realized ahead of schedule. If Party B fails to perform the debt or fails to fully perform the debt within 5 days after the loan term or loan extension expires, the real estate mortgage will be realized. Party A has the right to exercise the mortgage right and dispose of the mortgaged real estate. After notarization, this contract becomes a creditor's right document with enforcement effect. If the debtor fails to perform his debts or fails to fully perform his debts, the creditor has the right to apply to the people's court with jurisdiction for enforcement. This contract serves as the documentary basis for Party B to irrevocably authorize Party A to submit the mortgaged real estate to relevant auction institutions for auction, and Party B waives all rights of defense. Since all expenses incurred by the auction are borne by Party B, Party A has the right to deduct them directly from the auction income.
Article 13: auction
Party A and Party B agree that Party A will exercise the mortgage right and entrust the auction agency to auction the above real estate publicly. After deducting auction fees, loan principal and interest and related expenses, the remaining part shall be returned to Party B, and Party A has the right to recover from Party B for the insufficient part. Party B entrusts Party A to handle the auction and other formalities.
Fourteenth Service: Fees
The expenses for appraisal, insurance, valuation, registration and notarization of the mortgaged real estate shall be borne by Party B. ..
Article 15: Entry into force and number of copies of the contract
This contract shall come into effect as of the date when both parties sign and seal and complete mortgage registration as agreed in Article 5.
If the mortgaged real estate is owned by more than one person, valid relevant documents shall be signed by all * * * people when the contract is notarized. This contract is made in quadruplicate, one for each party, one for the real estate registration department and one for the notary office.
Article 16: Special Agreement
Party B promises that when it fails to fulfill its due obligations, Party B unconditionally agrees with Party A to dispose of the mortgaged property. If Party B violates Articles 4, 7, 8, 9, 10 and the supplementary agreement, it shall bear 20% of the loan amount as compensation for breach of contract. If the repayment is overdue within 5 days, it will be charged at 0.5% of the total unpaid amount every day. 2%. Party A may apply to the people's court with jurisdiction for compulsory execution by selling, auctioning or over 5 days. During the period of selling, auctioning or litigation, and during the execution until the debt is fully paid off, the fee is 0% of the total outstanding amount per day. 2%. The liquidated damages can be calculated repeatedly for different breaches according to the provisions of this contract. The renewal and supplementary agreement is a supplement to a clause of this contract, an integral part of this contract, and has the same legal effect as this contract. Other matters agreed in this contract, which have not been modified in the supplementary agreement, shall remain valid.
Article 17: Notice Clause
All notices shall be sent to the residential address listed on the first page of this contract. If the above address is abroad, the other party shall be deemed to have received the notice 30 days after it is sent by registered mail, express delivery or telex; If the above address is in China, the other party shall be deemed to have received the notice 10 after it is sent in the above manner. If either party changes its address, it shall notify the other party in the above way, and the address change will take effect after receiving the confirmation letter from the other party.
Article 18: Settlement of Disputes
Any dispute arising from the performance of this contract or the pawn ticket shall be settled through friendly negotiation. If negotiation fails, apply to the people's court of the place where this contract is signed for compulsory execution. Disputes not caused by the terms of this contract, if negotiation fails, bring a lawsuit to the people's court in the place where the contract is signed.
Article 19: application of law
Matters not covered in this contract shall be handled in accordance with the Guarantee Law of People's Republic of China (PRC), Measures for the Administration of Urban Real Estate Mortgage, Measures for the Administration of Beijing Real Estate Mortgage and Measures for the Administration of Pawn. If the newly promulgated or revised relevant laws, regulations or judicial interpretations are inconsistent with the basic terms of this contract, both parties shall make corresponding amendments to this contract according to the above laws, regulations or judicial interpretations. Both parties agree to notarize this contract and make it enforceable. If the debtor/guarantor fails to perform the debts agreed in the loan contract signed with the creditor as agreed, the creditor may apply to the notary office for an execution certificate without litigation, and directly apply to the people's court with jurisdiction for compulsory execution of the debtor's property based on the notarial certificate and execution certificate of this contract. The debtor/guarantor promises to voluntarily give up the right of defense and accept compulsory execution by the people's court with jurisdiction according to law. This clause takes precedence over the "dispute settlement clause" in the contract.
Article 20: Prompt clause
Party B has read all the terms of the contract. At the request of Party B, Party A made corresponding explanations on the terms of the contract. Party B has fully understood the meaning of all the clauses in this contract and the corresponding legal consequences, and has fully and accurately understood them.
Party A (official seal): _ _ _ _ Party B (official seal): _ _ _ _ _
Legal representative (signature): _ _ _ _ _ Legal representative (signature): _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Pawnshop loan contract mode 3
Lender (mortgagee): _ _ _ _ _ _ _ _ (hereinafter referred to as Party A)
Borrower (Mortgagor): _ _ _ _ _ _ _ _ (hereinafter referred to as Party B)
Certificate number:
Address:
Telephone:
After full consultation, Party A and Party B agree to enter into this contract on the following real estate mortgage and pawn matters for mutual compliance.
Article 1 Status of Pawn Property
1. Real estate location:
Property ownership certificate: prefix, property ownership certificate: prefix, land use right certificate: prefix. ..
2. Structure type:, building area: square meters, function:
3. Land area: nature of use:
4. Party B guarantees to Party A that the ownership of the above-mentioned real estate is clear and there is no ownership dispute or dispute.
Article 2 Pawn content
1. appraisal: the appraisal value of the above-mentioned real estate is RMB (in words): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
2. Collateral amount: Party A converts it into RMB (in words) according to the appraisal price approved by Party B: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
3. The mortgage pawn period is _ _ _ _ _ months, that is, from _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
4. Pawn interest rate: Party A's monthly interest rate is _ _ _ _ _ _, and Party B will charge it daily when renewing the insurance or redeeming it.
5. Paid-in amount: During the execution of this contract, Party A will charge a comprehensive fee of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
6. Rejection: If Party B fails to go through the formalities of renewal or redemption within five days after the expiration of the mortgaged property, Party A has the right to treat it as rejection, and Party A has the right to auction or otherwise dispose of the mortgaged property.
Article 3 Rights and Obligations of Party A and Party B
(I) Rights and obligations of Party A
1. Party A shall take good care of Party B's collateral and deed, and shall not lose or damage it. Otherwise, Party A shall bear the expenses for handling the formalities.
2. After Party B pays off the due loan principal and interest and comprehensive expenses, Party A shall return the collateral and deed certificate to Party B. ..
3. During the pawn period, if the pawn is damaged or lost (except for force majeure), Party A shall be responsible for compensation. This clause applies to the mortgaged property that Party A has sealed and managed, except the mortgaged property that Party A has not sealed. ..
4. During the pawn period, if Party B wants to rent the house property, it shall sign a contract with the lessee in addition to obtaining the written consent of Party A in advance, and the lessee shall issue a letter of commitment, promising that if Party B violates this mortgage pawn contract, the lessee shall move out of the pawn house property within 30 days after receiving the notice from Party A..
5. When Party B violates this contract and Party A exercises its rights, it has the right to require the real estate users (whether used by the mortgagor or rented by others) to move out within 30 days. If the user requests Party A to compensate for the relocation expenses, Party B must compensate Party A for all the losses caused thereby.
(II) Rights and obligations of Party B
1. Party B shall voluntarily repay the loan principal and interest and pay the comprehensive expenses within the time specified in this contract.
2. Party B must guarantee the authenticity and legality of the pawn contract documents provided. During the loan period, without the written consent of Party A, Party B shall not transfer or otherwise dispose of the collateral, and shall not rebuild, build or expand the house; If the collateral is lost or damaged, Party B shall immediately notify Party A and provide other mortgage guarantees to Party A; Otherwise, Party A has the right to ask Party B to repay the pawn money in advance and ask Party B to bear all the economic losses caused to Party A from this.
3. During the pawn period, Party B must pay the relevant taxes and fees levied by the relevant departments on the pawned real estate, and protect the pawned real estate from seizure or other legal proceedings. In case of national land requisition and demolition, a pawn mortgage contract shall be re-signed with Party A. ..
4. During the pawn period, if the pawn ticket is lost or damaged, Party B shall notify Party A in time, handle the loss reporting formalities and bear the handling fee. Before the loss is reported, the pawnshop is redeemed by others, and Party A will not bear any responsibility.
5. Party B promises that once the mortgaged property in this contract is absolutely rejected, Party B will unconditionally provide Party A with legal and effective property transfer procedures for free. If the auction amount of the house is lower than Party A's principal and interest and comprehensive expenses, Party B will unconditionally bear the repayment responsibility for the insufficient auction price.
Article 4 The deed certificates that Party B shall submit to Party A are as follows:
1, house ownership certificate and land use certificate;
2, the mortgage housing geographical location plan, mortgage housing design plan, mortgage parcel plan;
3. Property owner (land use right holder) ID card, * * * ID card (original), household registration book or business license, and legal person code certificate;
4. Other relevant documents required by Party A. ..
Article 5 Liability for breach of contract
1. If Party B fails to repay the principal and interest of the loan and pay the comprehensive expenses on schedule, Party B shall bear the liability for breach of contract and compensate all economic losses caused to Party A therefrom. ..
2. If Party B fails to go through the redemption or renewal formalities at the expiration of the pawn period, Party A has the right to reject it.
Article 6 Settlement of disputes
In case of any dispute during the performance of this contract, both parties shall settle it through consultation. If negotiation fails, a lawsuit may be brought to the people's court where Party A is located.
Article 7 Other explanations
1. This contract is made in triplicate, with each party holding one copy.
2. This contract shall come into effect after being signed and sealed by both parties and registered by the real estate transaction management department.
Party A:
Unit address:
Legal representative:
Entrusted agent:
Contact telephone number:
Party B:
Address:
Legal representative:
* * * Signed by:
Contact telephone number:
Date of signing: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Signing place:
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