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(Translation)
Mortgage Contract
No. J.K.D.2015— 032
Mortgagee (Party A)
Legal Representative
Address
Chengdu Jinjiang Jiekai Micro Credit Co., Ltd.
Zhi WANG
No.1, Floor 1, Building 10, No.87 Moxiang Road, Creative Industry
Business Area, Jinjiang District, Chengdu City
Tel./Fax
Contact
Contact No.
Mortgager (Party B)
Tel./Fax
Co-Mortgager (Party B)
Tel./Fax
Min LI
Address/Residence
ID. No.
Address/Residence
ID. No.
No.13, Unit 1, Building 6, No.2
West Qingyang Road, Jinniu
District, Chengdu City
510102************
To ensure the performance of the Loan Contract (No. of contract: J.K.J.2015—095, hereinafter referred to as the main contract) signed by Min LI (borrower) and Party A on August 13, 2015, Party B is willing to use the property owned or disposable according to laws as mortgage; Through verification, Party A agrees to accept the property mortgage of Party B;
According to relevant laws and regulations, based on mutual negotiations, Party A and Party B make agreement in the following articles:
Article 1 Collateral of Party B
Party B uses the property in the List of Collateral (appendix) for mortgage. Party B guarantees its ownership or right of disposal according to laws.
Article 2 Method of Mortgage Guarantee
1.When the debt stipulated in the main contract is due, the guarantee responsibility of the loan provided by Party A to Party B yet not repaid by Party B is ascertained according to the scope of mortgage guarantee in Article 3 of this contract; before the debt stipulated in the main contract is due, if Party A conducts recourse on
the borrower in advance according to the main contract, Party B shall also take the guarantee responsibility with the collateral.
2.If Party A and Party B (or borrower) make written agreement of extending duration on the debt duration, interest rate, amount and etc. stipulated in the main contract, or Party A makes an adjustment in the interest rate according to the main contract during the debt duration stipulated in the main contract, it is not necessary to
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get consent from Party B or to inform Party B and Party B agrees to all, then the mortgage guarantee responsibility undertaken by Party B shall not be affected.
Article 3 Scope of Mortgage Guarantee
The scope of mortgage guarantee includes the entire principal stipulated in the main contract, interest, overdue interest, penalty interest, compound interest, default fine, compensation for loss, all charges to enforce the mortgage right and realize the creditor ’rights (including but not limited to legal costs, arbitration fees, costs of preservation, announcement fees, assessmentfees, appraisal charges, auction costs, travel expenses, communication expenses, counsel fees and etc.) and all other payable expenses of the debtor in the main contract.
Article 4 Custody of Ownership Certificate and Registration
of the Collateral
Party B shall deliver ownership certificate of the collateral to Party A on the date of contract signing, and both parties agree that within 2 days after the contract is signed, Party B shall unconditionally assist Party B with relevant mortgage registration procedures. Ownership certificate of the collateral shall be in the custody of Party A during mortgage period.
Article 5 When there are other mortgage guarantee, pledge guarantee or
guarantees in the creditor rights’ of Party A, if Party A gives up or removes other mortgage guarantee and pledge guarantee or dismisses guarantee responsibility of guarantees, Party B shall still take mortgage guarantee responsibility regarding Party A according to articles stipulated in this mortgage contract.
If Party A suspends granting the loan that has not been granted or collects granted loan in advance based on the articles in the main contract, the guarantee responsibility undertaken by Party B according to this contract shall not be affected.
Article 6 Cost Bearing
Relevant costs stipulated in this contract such as assessmentfees, insurance premium, appraisal charges, registration fees, custody charges and etc.
Article 7 Custody of the Collateral
1.During the mortgage period, the collateral shall be in custody of Party B or the entrusted agent of Party B; Party B and the entrusted agent of Party B shall maintain
proper custody of the collateral and have the obligation of repair, maintenance and keeping it intact and shall accept the inspection of Party A at any time.
The mortgage period refers to the period from the day this contract comes into
effect to the expiration day of statute of limitations of creditor ’ s rights stipulat
the Loan Contract.
2.During the mortgage period, Party B shall not take any actions that will reduce
the value of the collateral; if such actions occur, Party A has the right to demand Party B to stop and recover the value of the collateral, or to provide new collateral accepted by Party A within 2 days after Party A informs Party B. Costs resulted from the recovery of the collateral of providing new collateral shall be undertaken by Party B.
3.Party B shall purchase property insurance for the collateral during the mortgage period, and the first beneficiary of the property insurance shall be Party A. Insurance documents shall be in custody of Party A. During the mortgage period, if losses within the insurance scope of the collateral occur or the value of the collateral is reduced because of the actions of the third party, insurance compensation or compensation for losses shall be used to liquidate the debt stipulated in the main
contract in advance or shall be deposited by Party B in the account appointed by Party A, and Party B shall not use during the mortgage period.
Article 8 During the mortgage period, if the collateral causes environmental pollution or other damages, Party A alone shall take the responsibility.
Article 9 During the mortgage period, without written consent from Party A,
Party B shall not give away, remove, rent, transfer, remortgage or dispose in other ways the collateral stipulated in this contract.
Article
10 During the mortgage period, with written consent from Party A,
payment received from the transfer of
the collateral by Party B shall be used to
liquidate the mortgaged creditor
’ s rights of Party A in advance.
Article
11 In the expiration of the time limit of the main contract, if the
borrower cannot liquidate the debt, Party B has the right to discount the collateral or take priority in compensation with the payment from the auction or selling off of the collateral.
Article 12 Party A has the right to realize the mortgage right through disposal of the collateral in advance, suspend the grant of loan stipulated in the main contract or collect the principal and interest of the granted loan stipulated in the main contract in advance when one of the following circumstances occur:
1.There are defaults of the articles or agreement stipulated in the main contract made by the borrower;
2.There are violations of in the agreed responsibility stipulated in Article 4, Article 7, Article 8, Article 9 and Article 10 of this contract or other actions of default;
or Party B fails to fulfill resposibilities stipulated in this contract.
3.When Party B is a legal person or other organizations, situations that will affect its ability to liquidate debts or lack of good faith in debt liquidation occur such
as suspension of business, suspension or annulment of business license, application or
Article 14
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being applied for bankruptcy, dissolution and etc.
4.When Party B is a natural person, death without heirs or devisees occurs;
5.When Party B is a natural person, heirs or devisees of Party B give up the
inheritance or bequest and refuse to fulfill the obligation of repaying loan principal and interest;
6. Other events that will endanger the realization of creditor ’ s rights of Party
stipulated in the main contract.
Article 13 Responsibility for Breach of Contract
1.If Party B violates Article 7 of the contract through reduction in the value of the collateral resulting from the carelessnessin the repair and management of the collateral, or actions of Party B directly endanger the collateral and result in the
reduction in the value of the collateral, Party A has the right to demand Part B to immediately stop the violating actions towards the mortgage right of Party A, to demand Party B to provide other collateral accepted by Party A, and to dispose the collateral in advance.
2.If Party B violates Article 9 of the contract and arbitrarily disposes the
collateral, the action is not valid; Party A has the right to demand Part B to immediately stop the violating actions towards the mortgage right of Party A, to demand Party B to provide other collateral accepted by Party A;
3.If Party B conceals the fact that the collateral is involved in co-ownership, disputes, seal-up, impoundment, rent, existing mortgage, legal priority right with lower mortgage right (including but not limited to priority right of construction
project payment) or no ownership or disposal right of Party B and etc., Party A has the right to demand Party B to provide other collateral/ pledge property accepted by Party A;
4.When any of the above circumstances violating the contract occurs, if Party B fails to provide other collateral according to the requirements of Party A, Party B shall
pay Party B a default fine amounting to 20% of the loan principal stipulated in the main contract. If economic losses are caused to Party A, Party B shall compensate Party A for all the economic losses.
Payment from Exercise of the Mortgage Right by Party A Shall be
Assigned in Priority of the Following Order:
1.Payment of charges related to the exercise of the mortgage right;
2.Liquidation of interest payable by the borrower to Party A;
3.Liquidation of loan principal, default fine (including penalty interest), compensation and etc. payable by the borrower to Party A;;
4.Payment of other cost.
Article 15 Delivery
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Except for other agreement, both parties designate the communication method and contact address stipulated in the contract as the basis, and any written notification delivered to the address shall be considered effective arrival. Party B shall promise that if there is any change in the communication method and contact address, Party A will be notified in the written form within three days after the change. If either party fails to notify the other party about the change in the communication method or contact address according to the agreement resulting in this party not receiving the notification from the other party, this party shall undertake corresponding consequences by itself.
The signing of personnel authorized by Party B or arranged by Party A for
come-and-go files, legal papers or relevant notifications shall be regarded as the
arrival to Party B, except that Party B explicitly notifies Party A in the written form
that the personnel is not entitled to sign the come-and-go files, legal papers or relevant
notifications.
Article 16 Terms of Compulsory Execution
1.Party A and Party B both confirm that according to relevant laws and
regulations, they have specific understanding of the definition, content, procedure and effect of notarization that gives compulsory execution effect, and through conscious consideration, all parties agree to apply to the notarization authority for notarization and give this contract effect of compulsory execution.
2.Party B promises to accept compulsory execution according to laws when
failing to fulfill or completely fulfill obligation of repayment stipulated in the contract; Party B gives up the right of pleadings.
3.When Party B fails to fulfill relevant obligations stipulated in the contract,
Party A has the right to conduct collection and interpellation to Party B through mail delivery, telephone notification, announcement delivery and etc. Party B shall fulfill
relevant obligations stipulated in the contract within three days after the collection and interpellation of Party A. If Party B still fails to fulfill relevant obligations stipulated
in the contract, Party A has the right to apply to notarization authority for execution certificate.
4.Agreed items in advance about the verification contents and methods of the notarization authority before the Execution Certificate is issued: if Party B fails to fulfill or completely fulfill guarantee responsibility, Party A provides the notarization
authority with evidence of Party B ’ s failure of fulfillmentBasedon. the application of
Party A, before the Execution Certificate is issued, the notarization authority verifies the fact of Party B’ sfailure of fulfillment or proper fulfillment of guarantee responsibility through letters or telephones (faxes) according to the contact address or contact telephone stipulated in the contract before. Party B shall substantially respond to the verified contents made by the notarization authority within five days according to the requirements of the notarization authority, otherwise no disagreement from
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Party B in the application of Party A shall be seen, and the notarization authority has the right to issue the execution certificate according to the application of Party A.
5. Party B has the obligation to prove the fulfilled guarantee responsibility.
Article 17 Resolution of Disputes
If disputes arise during the fulfillment of the contract and cannot be resolved through negotiations, both parties agree to bring lawsuits to people ’courts located where Party A is located.
Article 18 Validation of Contract
This contract comes into effect after authorized personnel from both parties sign (or seal names) and make the company seal (in case Party B is a natural person, this contract comes into effect after authorized personnel from both parties sign (or seal names) and make the company seal and Party B sign), and expires until the liquidation of loan principal, interest and all other costs stipulated in the main contract.
Article 19 Amount of the Copies of the Contract
This contract is in triplicate, with one in the hands of Party A and two in the hands of Party B, and they all have equivalent legal forces.
Article 20 Terms of Statements
All articles stipulated in the contract have gone through sufficient negotiations of all parties. Party A has informed other parties of the contract to specially notice the
articles that exempt or limit Party A ’ s responsibilities, give certain unilateral rights to Party A, increase responsibilities of other contract parties or limit rights of other
contract parties, and has made comprehensive and accurate understanding of them. According to the requirements of Party B, Party A has made explanations of corresponding articles in the contract, and Party B has completely known the implications of articles in the contract and corresponding legal consequences.All signing parties have completely consistent understanding of the articles in the contract.
Article 21 Other items agreed by both parties:
.
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