PERSONAL CREDIT AND SECURITY AGREEMENT
Credit Applicant______
TABLE OF CONTENTS
Please Note 告知
Article I Special Terms Signed 第一条
新浪博客
PERSONAL CREDIT AND SECURITY AGREEMENT
Credit Applicant______
TABLE OF CONTENTS
Please Note 告知
Article I Special Terms Signed 第一条
专用条款
ArticleⅡTerms of Credit 第二条 信贷条款
Article Ⅲ Terms of Mortgage 第三条 抵押条款
Article Ⅳ Terms of Warranty 第四条 担保条款
ArticleⅤOther Terms and Conditions 第五条 其他条款和条件
Please Note 告知
In order to safeguard your interest, please carefully read the following matters before entering into this agreement,
1. You have already have legal general knowledge of applying loan and guarantee from the bank;
2. You have read all terms of this agreement, and you understand their meanings, and China Merchants Bank has also made on the terms of this agreement to your fully prompt and description.
3. You have made sure all information and documents provided are real, legitimate, and efficient.
4. You have confirmed that you are entitled to sign the agreement, and the agreement is signed personally by you;
5. You have ascertained any conduct of fraud, breach of contract have to bear the corresponding legal responsibility;
6. You will be based on honesty and credit principles, voluntarily enter into and perform in accordance with the agreement;
7. Please use the pen, writing brush or sign pen neatly fill out the content needed you
8. In order to improve the efficiency of handling the loan, you are required to sign this agreement before the bank loan approval, the final conclusions of loan and guarantee subject to bank approval;
9. If you have any questions about this agreement, you can consult the local China Merchants Bank personal loan handling department.
Article I Special Terms Signed 第一条 专用条款
I. Covenant Person
III. Credit Period
Credit period is 120 months, it start from June 22nd, 2010 to June 22nd, 2020. the credit applicant shall apply for credit from the credit giver during the credit period, and the credit giver will not accept any application made by credit receiver that is over the credit period.
Ⅳ. Penalty Interest and Compound Interest
4.1 Credit applicant fails to use the loan according to the specific agreed purpose of use on the agreement, to the default using part, the credit giver shall have the right to add a daily 100% extra collecting penalty rate on top of the specific execution contract interest rate level, until the loan principal and interest repaid up.
4.2 Credit applicant fails to repay the loan in full according to the specific terms of the agreement, to the unpaid loan principal, the credit giver shall have the right to add a daily 50% extra collecting penalty rate on top of the specific execution contract interest rate level, until the loan principal and interest repaid up. To the interest failure to pay on time, a daily compound interest will be charged by penalty rate.
Ⅴ. Loan offering under the credit limit
After credit applicant has done the credit and loan formalities follow the credit giver’s relevant rules, credit giver shall deposit the loan into the credit applicant’s first settlement account. The credit applicant agrees the credit giver deposit the loan according to his authorization into other designated account of the credit applicant.
Ⅵ. Loan payment under the credit limit
6.1 The credit applicant authorizes the credit giver directly deduct loan principal and interest from the first settlement account:
6.2 The credit giver charge _____ to the credit applicant for early repayment penalty.
Ⅶ. Loan Collateral (Can make collateral form separately as the attachment of the agreement)
7.1 Name and Location: ____
7.2 Construction Area:
7.3 Purchasing Price:
7.4 Valuation Price:x
7.5 Ownership and Number: ____
Ⅷ. Guarantee period is below (in words) type of _Second_:
First, from the date of signing this agreement to the maturity date of each loan plus two years, any of the specific loan extension, the guarantee period extend to after expiry of the extended loan period plus two years.
Second, from the date of signing this agreement until the date credit applicant completed the formal mortgage registration with the collateral real estate certificate, and hand in the real estate certificate and the certificate of other rights to the credit giver’s custody.
Third, from the date of signing this agreement until ____ .
Ⅸ. Dispute Resolution
The dispute occurs during performance of the agreement, both parties shall resolve by consultation. If the consultation fails, below First type (in words) can be chosen to solve the dispute (chose one from the two):
First, file a lawsuit to people’s court where credit giver located; or
Second, apply for attribution to ____ arbitration committee.
Ⅹ. Supplementary provisions of the agreement are as follows:
Ⅺ. This agreement comes into Four copies, they all have the same legal effective. The credit giver, credit applicant and
ArticleⅡTerms of Credit 第二条 信贷条款
12. Usage of Credit Limit
12.1 Circulation credit limit is refer to the maximum limit of the sum of principal balance of all types of personal loans and credit that the credit giver provides to the credit applicant according to this agreement during the credit period; One-time credit limit is refer to the credit principal accumulated amount that the credit giver provides to the credit applicant according to this agreement during the credit period, can not exceed the credit limit, non-recyclable, and finish until accumulated amount exhaustion.
12.2 For each loan under the credit limit, both parties shall come into specific loan contract, loan application which submitted by credit applicant and confirmed by credit giver, borrowing IOU and /or other certificate (hereafter referred to as “the specific contract” ) to be agreed.
12.3 During the credit period, the circulation credit limit can be used by credit applicant in a periodic duty, and one-time credit limit can not be used in a periodic duty. The credit applicant must apply individually, and the credit limit becomes available after credit giver approves and accepts case by case.
12.4 The credit giver has the rights to reassess credit applicant’s personal credit, repayment ability, property status, value of the mortgage property, and guarantor’s guarantee ability. And entitle to adjust the credit applicant’s credit limit.
12.5 For each loan under the credit limit, the loan term shall be determined based on the credit applicant’s financial needs and relevant provisions of the credit giver. Under the credit limit the specific business maturity date (including an extended maturity date) can later than credit period maturity date.
12.6 For each loan under the credit limit both parties shall consult and determine the loan amount, term, interest rate, interest adjustment method, usage, loan payment method and etc., and shall be agreed in the specific contract.
12.7 During the credit period, if 12 consecutive months under a credit not issuing a loan, the credit giver has the right to terminate the credit limit, no longer accept credit applicant’s application for a loan.
13. Interest Rate of Loan under Credit Limit
13.1 Interest Rate Conversion
Under this agreement, the interest rate is calculated as follow: monthly interest rate = annual interest rate ÷ 360.
13.2 Interest Rate Adjustment Method
During the credit period, in case of people’s bank of China adjustment of loan interest, the executive interest rates have the following adjustment method:
13.2.1 The Second Phase Adjustment: it refers, in current period of the interest adjustment, the executive rate using the interest rate before adjustment, from next period starts using the interest rates standard after adjustment.
13.2.2 Fixed day adjustment: refers to from January 1st of each year, begins the implementation of the latest interest rates standard issued by people’s bank of China, from January 1st segmented calculate interest rate by day.
13.2.3 Immediately Adjust. Refers to start using the new interest rates standard on the date when interest rates changed, before and after interest rate adjustment segmented calculate interest rate by day.
13.2.4 No Change. Refers to when interest rate changed contin
ArticleⅡTerms of Credit 第二条 信贷条款
Article Ⅲ Terms of Mortgage 第三条 抵押条款
Article Ⅳ Terms of Warranty 第四条 担保条款
ArticleⅤOther Terms and Conditions 第五条 其他条款和条件
Please Note 告知
In order to safeguard your interest, please carefully read the following matters before entering into this agreement,
1. You have already have legal general knowledge of applying loan and guarantee from the bank;
2. You have read all terms of this agreement, and you understand their meanings, and China Merchants Bank has also made on the terms of this agreement to your fully prompt and description.
3. You have made sure all information and documents provided are real, legitimate, and efficient.
4. You have confirmed that you are entitled to sign the agreement, and the agreement is signed personally by you;
5. You have ascertained any conduct of fraud, breach of contract have to bear the corresponding legal responsibility;
6. You will be based on honesty and credit principles, voluntarily enter into and perform in accordance with the agreement;
7. Please use the pen, writing brush or sign pen neatly fill out the content needed you
8. In order to improve the efficiency of handling the loan, you are required to sign this agreement before the bank loan approval, the final conclusions of loan and guarantee subject to bank approval;
9. If you have any questions about this agreement, you can consult the local China Merchants Bank personal loan handling department.
Article I Special Terms Signed 第一条 专用条款
I. Covenant Person
III. Credit Period
Credit period is 120 months, it start from June 22nd, 2010 to June 22nd, 2020. the credit applicant shall apply for credit from the credit giver during the credit period, and the credit giver will not accept any application made by credit receiver that is over the credit period.
Ⅳ. Penalty Interest and Compound Interest
4.1 Credit applicant fails to use the loan according to the specific agreed purpose of use on the agreement, to the default using part, the credit giver shall have the right to add a daily 100% extra collecting penalty rate on top of the specific execution contract interest rate level, until the loan principal and interest repaid up.
4.2 Credit applicant fails to repay the loan in full according to the specific terms of the agreement, to the unpaid loan principal, the credit giver shall have the right to add a daily 50% extra collecting penalty rate on top of the specific execution contract interest rate level, until the loan principal and interest repaid up. To the interest failure to pay on time, a daily compound interest will be charged by penalty rate.
Ⅴ. Loan offering under the credit limit
After credit applicant has done the credit and loan formalities follow the credit giver’s relevant rules, credit giver shall deposit the loan into the credit applicant’s first settlement account. The credit applicant agrees the credit giver deposit the loan according to his authorization into other designated account of the credit applicant.
Ⅵ. Loan payment under the credit limit
6.1 The credit applicant authorizes the credit giver directly deduct loan principal and interest from the first settlement account:
6.2 The credit giver charge _____ to the credit applicant for early repayment penalty.
Ⅶ. Loan Collateral (Can make collateral form separately as the attachment of the agreement)
7.1 Name and Location: ____
7.2 Construction Area:
7.3 Purchasing Price:
7.4 Valuation Price:x
7.5 Ownership and Number: ____
Ⅷ. Guarantee period is below (in words) type of _Second_:
First, from the date of signing this agreement to the maturity date of each loan plus two years, any of the specific loan extension, the guarantee period extend to after expiry of the extended loan period plus two years.
Second, from the date of signing this agreement until the date credit applicant completed the formal mortgage registration with the collateral real estate certificate, and hand in the real estate certificate and the certificate of other rights to the credit giver’s custody.
Third, from the date of signing this agreement until ____ .
Ⅸ. Dispute Resolution
The dispute occurs during performance of the agreement, both parties shall resolve by consultation. If the consultation fails, below First type (in words) can be chosen to solve the dispute (chose one from the two):
First, file a lawsuit to people’s court where credit giver located; or
Second, apply for attribution to ____ arbitration committee.
Ⅹ. Supplementary provisions of the agreement are as follows:
Ⅺ. This agreement comes into Four copies, they all have the same legal effective. The credit giver, credit applicant and
ArticleⅡTerms of Credit 第二条 信贷条款
12. Usage of Credit Limit
12.1 Circulation credit limit is refer to the maximum limit of the sum of principal balance of all types of personal loans and credit that the credit giver provides to the credit applicant according to this agreement during the credit period; One-time credit limit is refer to the credit principal accumulated amount that the credit giver provides to the credit applicant according to this agreement during the credit period, can not exceed the credit limit, non-recyclable, and finish until accumulated amount exhaustion.
12.2 For each loan under the credit limit, both parties shall come into specific loan contract, loan application which submitted by credit applicant and confirmed by credit giver, borrowing IOU and /or other certificate (hereafter referred to as “the specific contract” ) to be agreed.
12.3 During the credit period, the circulation credit limit can be used by credit applicant in a periodic duty, and one-time credit limit can not be used in a periodic duty. The credit applicant must apply individually, and the credit limit becomes available after credit giver approves and accepts case by case.
12.4 The credit giver has the rights to reassess credit applicant’s personal credit, repayment ability, property status, value of the mortgage property, and guarantor’s guarantee ability. And entitle to adjust the credit applicant’s credit limit.
12.5 For each loan under the credit limit, the loan term shall be determined based on the credit applicant’s financial needs and relevant provisions of the credit giver. Under the credit limit the specific business maturity date (including an extended maturity date) can later than credit period maturity date.
12.6 For each loan under the credit limit both parties shall consult and determine the loan amount, term, interest rate, interest adjustment method, usage, loan payment method and etc., and shall be agreed in the specific contract.
12.7 During the credit period, if 12 consecutive months under a credit not issuing a loan, the credit giver has the right to terminate the credit limit, no longer accept credit applicant’s application for a loan.
13. Interest Rate of Loan under Credit Limit
13.1 Interest Rate Conversion
Under this agreement, the interest rate is calculated as follow: monthly interest rate = annual interest rate ÷ 360.
13.2 Interest Rate Adjustment Method
During the credit period, in case of people’s bank of China adjustment of loan interest, the executive interest rates have the following adjustment method:
13.2.1 The Second Phase Adjustment: it refers, in current period of the interest adjustment, the executive rate using the interest rate before adjustment, from next period starts using the interest rates standard after adjustment.
13.2.2 Fixed day adjustment: refers to from January 1st of each year, begins the implementation of the latest interest rates standard issued by people’s bank of China, from January 1st segmented calculate interest rate by day.
13.2.3 Immediately Adjust. Refers to start using the new interest rates standard on the date when interest rates changed, before and after interest rate adjustment segmented calculate interest rate by day.
13.2.4 No Change. Refers to when interest rate changed contin