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      1. 英文個人借款合同

        時間:2023-04-03 06:11:24 借款合同 我要投稿

        英文個人借款合同

          借款合同英文版要怎么寫?小編給大家分享了英文個人借款合同范本,僅供參考。

        英文個人借款合同

          英文個人借款合同(一)

          借款人(以下簡稱甲方)Borrower (hereinafter called Party A)

          身份證件名稱及號碼:ID name and code No: ID card Number

          住所:Address of living place:

          聯(lián)系電話:Post code: 郵編:Contact number:

          貸款人(以下簡稱乙方)Lender (hereinafter called Party B)

          住所:Address of living place:

          聯(lián)系電話:Post code: 郵編:Contact number:

          抵押人:Mortgager:

          身份證件名稱及號碼:ID name and code No: ID card Number

          住所:Address of living place:

          聯(lián)系電話:Post code: 郵編:Contact number:

          出質(zhì)人:Pledger:

          身份證件名稱及號碼:ID name and code No: ID card Number

          住所:Address of living place:

          聯(lián)系電話:Post code: 郵編:Contact number:

          保證人:Guarantor:

          身份證件名稱及號碼:ID name and code No: ID card Number

          住所:Address of living place:

          聯(lián)系電話:Post code: 郵編:Contact number:

          根據(jù)中華人民共和國合同法和擔(dān)保法的相關(guān)規(guī)定,甲方、乙方和擔(dān)保方經(jīng)過協(xié)商,就乙方向甲方貸款事宜達成如下合同條款。

          According to the relevant laws and regulations of the Contract Laws and

          Guarantee Law of the People‘s Republic of China, Party A, Party B and the

          relevant Guarantor, after reaching agreement through negotiations on the loan to Party B by Party A, hereby enter into this contract.

          第一條 借款金額Article 1 Amount of Loan

          詳見本合同第十四條第一款。

          1.1 The amount of loan is referred to Article 14.1 under this contract.

          第二條 借款用途Article 2 Purpose of Loan

          詳見本合同第十四條第二款。

          2.1 Purpose of loan for this contract is referred to Article 15.2.

          第三條 借款利率Article 3 Interest of Loan

          一、借款利率詳見本合同第十四條第三款。

          3.1 Interest of loan is referred to Article 14.3. The interest is calculated from the day releasing loan.

          二、本合同履行期間,遇中國人民銀行貸款利率調(diào)整,借款利率按有關(guān)規(guī)定調(diào)整與執(zhí)行,乙方將在營業(yè)場所對貸款利率調(diào)整情況進行公告,不再另行書面通知甲方。

          3.2 During the term of this loan contract, interest may be changed as prescribed by the People‘s Bank of China, Party B is entitled to adjust and implement the interest rate without further notice to Party A.

          第四條 借款期限及還款總期數(shù)

          Article 4 Life of Loan and Total Loan Repayment Terms

          一、 借款期限詳見本合同第十四條第四款。

          4.1 Life of loan and total loan repayment terms are referred to Article 14.4.

          二、實際借款發(fā)放日與本合同約定的日期不一致時,以實際借款發(fā)放日為準計算借款期限。

          4.2 In the event that the actual funds release date is in disagreement with the

          date stipulated under this contract, the life of loan shall be calculated based on

          the actual day of funds releasing.

          三、甲、乙雙方約定甲方按期還款,確定還款總期數(shù),詳見本合同第十四條第四款。

          第五條 借款發(fā)放Article 5 Release of Funds under the Loan

          一、乙方發(fā)放借款的前提是甲方提供了符合乙方要求的證明材料,履行了乙方要求的申請借款和擔(dān)保手續(xù),簽署了申請借款所需法律文件并經(jīng)乙方審查同意。

          5.1 Party B will release the funds under condition that Party A has provided

          evidences complying with requirements of Party B, and has completed the loan applying and guaranteeing procedures, and has signed the legal documents with check and approval of Party B.

          二、甲方授權(quán)乙方在審查同意后,將借款直接劃入甲方指定并經(jīng)乙方認可的賬戶(賬戶名稱、賬號詳見第十四條第五款),即為乙方依約履行了向甲方提供借款的義務(wù)。

          5.2 After funds release is approved, Party A will grant Party B to transfer the loan into the account designated by Party A and approved by Party B (account name and account No. are given under Article 14.5)

          三、本合同項下的借款發(fā)放后,甲方就所購商品或服務(wù)發(fā)生的任何糾紛,均與乙方無關(guān),本合同應(yīng)正常履行。

          5.3 After releasing of the loan, any disputes under the use of funds under this loan by Party A has no relationship with Party B, and the contract will still be fulfilled.

          第六條 借款償還Article 6 Repayment of the Loan

          一、 甲方應(yīng)根據(jù)乙方相關(guān)貸款辦法規(guī)定,在下述四種還款方式中選擇一種方式歸還借款本息,甲方選擇的還款方式詳見本合同第十四條第六款:

          6.1 Party A, based on relevant regulations of Party B, shall select ways of interest calculation, interest settlement and loan principal repayment under Article 14.6.

          二、甲方應(yīng)當(dāng)于乙方規(guī)定的每期還款日(詳見第十四條第六款)前,將當(dāng)期應(yīng)償還的借款本息及逾期的罰息、復(fù)利等足額存入在乙方開立的還款賬戶(賬戶名稱及賬號見第十四條第六款),并不可撤銷地授權(quán)乙方于當(dāng)期還款日直接從該賬戶劃收應(yīng)收款項。

          6.2 The Party A shall pay off the principal, interest and other items in full prior

          to the stipulated due repayment day under this contract (details under Article

          15.6), by depositing one of any repayment account opened by Party B (account name and account No. are given in Article 14.6), and irrevocably authorizes Party B to draw the funds receivable directly from the account above on the due repayment day.

          三、甲、乙雙方同意遵循先還息后還本的原則,乙方按照“期前逾期本息、罰息和復(fù)利—當(dāng)期利息—本金”的順序扣劃甲方還入款項。甲方違反本合同約定,逾期或未按約定的金額歸還借款本息,乙方有權(quán)按照人民銀行的規(guī)定對逾期借款加收罰息。甲方逾期或未按約定的金額償還借款利息時,乙方有權(quán)按人民銀行的規(guī)定對甲方未支付的利息計收復(fù)利。

          6.3 In case Party A breaches the contract, failing to repay the funds on due

          date or failing to pay funds in full, Party B has the right to charge higher interest

          rate on overdue loans as prescribed by the People??s Bank of China(penalty interest rate on overdue loan is stipulated under Article 15.6) In case that Party A fails to use the funds for the agreed purposed under this contract, Party B has the right to charge penalty interest rate on overdue loans as prescribed by the People‘s Bank of China (penalty interest rate on misappropriation of loan is stipulated under Article 15.6) For overdue loan or loan of misappropriate use, Party B shall calculate the interest rate based on penalty interest rate from the day of overdue loan or misappropriate use of loan till the principal and interest are paid off. If Party A fails to pay off the interest on due date, Party B shall calculate compound interest based on penalty interest rate.

          第七條 提前還款A(yù)rticle 7 Repayment in Advance

          甲方如欲提前還款,應(yīng)于擬提前還款日前三十日將提前還款申請書及還款計劃以書面形式提交乙方,經(jīng)乙方審核同意后即為不可撤銷。甲方經(jīng)乙方審核確認甲方未有拖欠借款本息及已還清當(dāng)期本息后方可提前還款。提前還款日前已計收的利息不作調(diào)整。

          提前還款,乙方有權(quán)按提前還款金額的 %計收損失補償金。

          7.1 If Party A is able to pay off the loan ahead of time, it shall submit to Party B the irrevocable loan repayment application and repayment plan. After checking

          and confirming that Party A has no delay of loan principal and interest and has

          paid off the current interest, Party B will approval the repayment ahead application, then Party A can repay the loan in advance.

          The interest repayable before repayment-in-advance day shall not be adjusted.

          第八條 借款擔(dān)保Article 8 Guarantee of Loan

          本合同項下的擔(dān)保條款的效力獨立于本合同。甲方對借款提供的擔(dān)保可選擇如下方式,詳見本合同第十四條第八款。

          8.1 The effectiveness of guarantee terms under this contract is independent of

          this contract. The guarantee type for the loan is specified in Article 15.8.

          一、抵押擔(dān)保Mortgage Guarantee

          (一)抵押人自愿將本合同附件一“抵押物清單”所列明的財產(chǎn)(以下簡稱抵押物)抵押給乙方,作為甲方償還本合同項下借款的擔(dān)保。

          8.4.1 The mortgager voluntarily mortgages the property in Guaranty List-the

          Attachment A of this contract, and agrees to be restricted by this contract.

          (二)本合同抵押物的共有權(quán)人同意將本合同項下的抵押物作抵押,并同意受本合同約束

          8.4.2 The co-owner of the mortgaged property under this contract agrees to

          mortgage the property and be restricted by this contract.

          (三)抵押擔(dān)保范圍:Scope of Guarantee

          1.本合同項下的借款本金、利息(含復(fù)利)罰息;

          8.3.1 The principal of loan, interest (including compound interest), penalty interest under this contract;

          2.違約金、賠償金、補償金;8.3.2 Penalty, compensation, reimbursement;

          3.為實現(xiàn)債權(quán)和抵押權(quán)而支付的費用(包括但不限于因違約方產(chǎn)生的律師費、抵押物處置費)

          8.3.3 Expenses arising from realization of liability and guarantee right(including,

          but not limited to attorneys' fees, assessment fee, auction fee, law suit fee,

          all-risk fee, travel expense etc.)

          (四)抵押人必須依照法律規(guī)定辦理抵押物的登記手續(xù)。抵押人向乙方提供該抵押物的所有權(quán)證明文件及有關(guān)資料,抵押登記證明文件正本交乙方保管。

          8.4 The mortgager shall complete the registration of mortgaged property based on laws and regulations. The mortgager shall take on the fees for the mortgaged property. The mortgager shall provide to the Party B the evidence documents and relevant materials of ownership of the guaranty, and the original of Mortgage Registration Certificate shall be kept by Party B.

          (五)出現(xiàn)下列情形之一,乙方可以行使抵押權(quán):

          8.4 Party B can exercise the mortgage right in case one of following situations happens:

          1.甲方債務(wù)履行期限屆滿,乙方未受清償或未受完全清償?shù)?

          (1) Party A fails to repay the due loan payable and/or other items payable

          based on this contract;

          2.甲方違反本合同的約定,乙方宣布提前收回借款,乙方未受清償或未受完全清償?shù)?

          (2) Party breaches the contract, party B claims to take back the loan in advance, and Party B fails to be paid off or not fully paid off;

          3.抵押人違反本合同的約定,擅自處分抵押物,或?qū)嵤┳阋允沟盅何飪r值減少的行為,乙方要求抵押人恢復(fù)原狀或者提供擔(dān)保遭拒絕,乙方可以提前行使抵押權(quán)。

          (3) The mortgager breaches the contract by disposing the guaranty, or implements action enough to decrease the value of guaranty, and Party B is refused of restoring the guaranty to original value or providing guarantee, Party B can exercise the mortgage right in advance.

          (六)乙方可選擇下列方式之一實現(xiàn)抵押權(quán):

          Party B can select any one of the following ways to realize the mortgage right:

          1.與抵押人協(xié)議以抵押物折價受償;

          (1) Discount of mortgage in agreement with mortgager;

          2.拍賣受償;(2) Auction of guaranty;

          3.變賣受償;(3) Sale of mortgage;

          4.法律允許的其他方式。(4) Other ways allowed by law.

          (七)抵押人應(yīng)向乙方提供抵押物的權(quán)利證書及其他有效證明文件和相應(yīng)資料,經(jīng)乙方確認后,由乙方保管。

          The mortgager shall provide to Party B the Ownership certificate and other valid certification documents and relevant materials, after confirmation of Party B, all documentation aforementioned shall be kept by Party B.

          (八)甲方還清全部貸款本息及其它應(yīng)付款項,并履行了本合同的全部條款,則抵押關(guān)系終止。

          Under condition that Party A pays off the total loan principal and interest,

          and in fulfillment of all items under this contract, the mortgage relationship

          shall terminate.

          (九)抵押權(quán)存續(xù)期間,抵押人應(yīng)將其所知道或應(yīng)當(dāng)知道的對抵押權(quán)產(chǎn)生或可能產(chǎn)生不利影響的情況及時書面通知乙方。

          Within the period of mortgage, the mortgager shall inform the Party B in a

          written way all situations he knows or should know that have produced or may

          produce adverse impact on the guaranty

          (十)抵押權(quán)存續(xù)期間,抵押人對抵押物應(yīng)當(dāng)妥善保管;負有維修、保養(yǎng)、保持抵押物完整無損的義務(wù)并隨時接受乙方的監(jiān)督與檢查。

          Within the period of mortgage, the entire guaranty shall be taken good

          care of by the mortgager, who as well responsible for repair and maintenance

          to make sure that the guaranty is all preserved well, and subject himself to the

          supervision and inspection from Party B at any time.

          (十一)抵押權(quán)存續(xù)期間,抵押人的行為足以使抵押物價值減少時,乙方有權(quán)要求抵押人停止該行為,并要求抵押人在十日內(nèi)恢復(fù)抵押物的價值或者提供與減少價值相當(dāng)?shù)膿?dān)保。

          Within the period of mortgage, should any decreases happen owing to the action of mortgager, Party B has the right to request the mortgager to stop the action and restore the value or provide guaranty worth the equal value of the decreases within ten(10) days.

          (十二)抵押權(quán)存續(xù)期間,抵押人可以將抵押物出借、(在抵押行為成立后)出租;抵押人在從事上述行為前,均需及時通知貸款人,若上述行為影響債權(quán)安全,貸款人有權(quán)要求抵押人禁止實施上述行為。未經(jīng)乙方書面同意,甲方不得轉(zhuǎn)讓、變更、贈與抵押物。

          Within the period of mortgage, without any written approval from Party B,

          the mortgager shall have no right to dispose the guaranty (disposing way

          includes, but not limited to, transferring, renting, selling, donating the

          guaranty)

          (十三)抵押權(quán)存續(xù)期間,經(jīng)乙方同意的抵押物轉(zhuǎn)讓所得價款,應(yīng)提前清償本合同項下的債務(wù)或轉(zhuǎn)為定期存款質(zhì)押。

          8.4.12 Within the period of mortgage, any money got by transferring the guaranty based on the approval of Party B shall be used for paying off the loan ahead of schedule or changed to fixed deposit for guarantee.

          (十四)抵押人應(yīng)當(dāng)按照乙方的要求購買抵押財產(chǎn)等保險并以乙方為優(yōu)先受償人,且不得約定任何有損乙方權(quán)益的條款。保險期限應(yīng)長于借款期限,如本合同借款展期,抵押人同意繼續(xù)辦理抵押物延長投保的手續(xù)。保險單和續(xù)保單正本由乙方保管。如抵押人拒絕辦理續(xù)保手續(xù),乙方可以代替抵押人直接辦理續(xù)保手續(xù),續(xù)保費用由抵押人承擔(dān)。

          As per the requests of Party B, the mortgager shall give an insurance

          upon his guaranty, and Party B should be the insured enjoying right of exclusive and being paid off with priority/ primary beneficiary, and no items against benefits of Party B shall be specified. The insurance term shall be longer than loan term under this contract. If term of loan under this contract is extended, the mortgager shall agree on the renewal insurance for the guaranty. The originals of insurance policy and renewal order shall be kept by Party B. If mortgager refuses extending the insurance term, Party B has the right to deal with insurance term extending instead of mortgager, and the renewal insurance cost shall be taken on by the mortgager. Should any losses caused by refusal of insurance or renewal insurance, or failing to pay for the insurance from mortgager, the mortgager shall take on them.

          (十五)抵押權(quán)存續(xù)期間,抵押人不得中斷或者撤銷上述保險。

          Within the period of mortgage, the mortgager shall not discontinue or

          cancel the abovementioned insurance.

          (十六)抵押權(quán)存續(xù)期間,抵押物發(fā)生保險事故,保險賠償金應(yīng)當(dāng)用于提前清償本合同項下的債務(wù)。

          Within the period of mortgage, should any accident happens to the guaranty, insurance compensation should be used for paying off the loan under this contract ahead of schedule with priority.

          (十七)乙方與甲方變更本合同(包括但不限于借款金額、期限、利率、結(jié)息方式、還款方式,還款期數(shù)、每期還款額),只要不加重抵押人的責(zé)任,無須征得抵押人同意,抵押人仍承擔(dān)擔(dān)保責(zé)任。

          When Party B and Party A change the contract (including, but not limited to, amount of loan, term of loan, interest rate, type of interest settlement, type of repayment, period of repayment, repayment amount for each period), the mortgager is no need to be notified if responsibility of mortgager is not increased accordingly, and the mortgager is still bear the responsibility of guarantee.

          二、質(zhì)押擔(dān)保Pledge Guarantee

          (一)出質(zhì)人自愿將本合同附件二“質(zhì)押物清單”所列明的動產(chǎn)/權(quán)利(以下簡稱質(zhì)物)質(zhì)押給乙方,作為甲方償還本合同項下借款的擔(dān)保。

          The pledger voluntarily pledges the movable assets/rights in Pledges List-Attachment B of this contract, and agrees to be restricted by this contract.

          (二)本合同質(zhì)物的共有權(quán)人同意將本合同項下的質(zhì)物作質(zhì)押,并同意受本合同約束。

          The co-owner of the pledges under this contract agrees on pledging and be restricted by this contract.

          (四)出現(xiàn)下列情形之一,乙方可以行使質(zhì)權(quán):

          Party can exercise the pledge right in case one of following situations

          happens:

          1.甲方債務(wù)履行期限屆滿,乙方未受清償或未受完全清償?shù)?

          Party A fails to repay the due loan payable and/or other items payable based on this contract;

          2.乙方根據(jù)本合同的約定,提前收回借款,乙方未受清償或未受完全清償?shù)?

          Party breaches the contract, party B claims to take back the loan in advance, and Party B fails to be paid off or not fully paid off;

          3.質(zhì)物價值減少,出質(zhì)人未按照乙方要求提供擔(dān)保的,乙方可以提前行使質(zhì)權(quán)。

          Should the value of pledges is decreased, and the pledger fails to provide guarantee required by Party B, Party B can exercise the pledge right in advance.

          (五)乙方可選擇下列方式之一實現(xiàn)質(zhì)權(quán):

          Party B can select any one of the following ways to realize the pledge right:

          1.與出質(zhì)人協(xié)議以質(zhì)物折價受償;Discount of pledges in agreement with pledger;

          2.拍賣受償;Auction of pledges;

          3.變賣受償;Sale of pledges;

          4.法律允許的其他方式。Other ways allowed by laws.

          (六)甲方與乙方變更本合同(包括但不限于借款金額、期限、利率、結(jié)息方式、還款方式、還款期數(shù)、每期還款額),只要不加重出質(zhì)人的責(zé)任,無須征得出質(zhì)人同意,出質(zhì)人仍對本合同項下的'債務(wù)承擔(dān)擔(dān)保責(zé)任。

          When Party B and Party A change the contract(including, but not limited to, amount of loan, term of loan, interest rate, type of interest settlement, type of repayment, period of repayment, repayment amount for each period), there is no need to ask for approval of the pledger, and the pledger is still bear the responsibility of guarantee.

          (七)出質(zhì)人應(yīng)將質(zhì)物或質(zhì)押權(quán)利憑證交乙方保管。甲方償還本合同項下的全部借款本金、利息及費用或出質(zhì)人代甲方清償所擔(dān)保的債權(quán),乙方應(yīng)將質(zhì)物及其相關(guān)證明文件返還出質(zhì)人。

          The pledger shall provide to Party B the evidence certificates, after confirmation of Party B, and all certificates shall be kept by Party B. When Party A pays off the principal, interest and expenses for the whole loan under this contract, or the pledger pays off the guaranteed security instead of Party A, Party B shall return the pledges and relevant certificates to the pledger.

          三、保證擔(dān)保 Guarantee

          (一)本合同的保證方式為連帶責(zé)任保證。

          The guarantee form under this contract is joint liability assurance.

          (二)保證人保證擔(dān)保的范圍:

          1.本合同項下的借款本金、利息(含復(fù)利)罰息;

          2.違約金、賠償金、補償金;

          3.為實現(xiàn)債權(quán)和質(zhì)權(quán)而支付的費用(包括但不限于因違約方發(fā)生的律師費)

          (三)保證人保證責(zé)任的保證期間自本合同生效之日起,至本合同項下債務(wù)履行期限屆滿之日起兩年。

          The guarantee period is two years, from the day when the contract becomes effective till the expiring day of liability fulfillment term under this contract.

          (四)在借款期內(nèi),保證人發(fā)生被宣告破產(chǎn)、被依法撤銷、解散、資不抵債等喪失擔(dān)保資格和能力的變故時,保證人應(yīng)及時通知乙方,甲方應(yīng)提供新的擔(dān)保。

          Within the term of loan, should the guarantor be declared bankrupt or be

          dissolved, or under insolvency to lose qualification of guarantee and ability, the

          guarantor should notify Party B in time, and Party should provide a new guarantee.

          第九條其他權(quán)利與義務(wù)Article 9 Miscellaneous Rights and Obligations

          一、甲方保證提供的申請借款文件是真實、有效、合法的,并接受乙方的監(jiān)督和檢查。

          9.1 Party A shall ensure the loan application data are complete, true, valid and

          legal, and cooperate with Party A to investigate, censor and check the data.

          二、甲方應(yīng)定期或隨時應(yīng)乙方要求,向乙方提供真實反映甲方財務(wù)狀況或收入情況的文件或證明。

          9.2 At regular time or any time requested by Party B, Party A should provide

          the documents or certificates reflecting truly the financial status or income of

          Party A.

          三、本合同履行期間,甲方單位、住所、聯(lián)系方式等發(fā)生變化,應(yīng)在變化發(fā)生后十日內(nèi)通知乙方。

          9.3 Within period of this contract, should any changes occur in company, address, contact way of Party A, he shall inform Party B within ten (10) days after the changes.

          四、甲方不得挪用借款。甲方借款不用于購買或退掉本合同約定的商品或服務(wù),應(yīng)按提前還款與乙方結(jié)算,否則,視為改變借款用途挪作他用。

          9.4 Party A shall not use the loan funds for other purpose than that prescribed

          under this contract. If Party A does not use the loan on the agreed purpose under this contract, he should clear the loan with Party B ahead of schedule, otherwise, Party A shall be treated as misappropriate use of loan.

          五、本合同履行期間,擔(dān)保人發(fā)生或可能發(fā)生影響其擔(dān)保能力的變化,甲方應(yīng)當(dāng)在變化發(fā)生的五日內(nèi)書面通知乙方并應(yīng)當(dāng)在十日內(nèi)提供新的、符合乙方要求的擔(dān);蛘卟扇∫曳秸J可的補救措施。

          9.5 Within period of this contract, should any changes happens or may happen

          to the guarantor that influence his guaranteeing ability, Party A should notify

          Party B in written way within five (5) days after the changes and provide a new

          guarantee complying with requirement of Party B or take any remedial measures approved by Party B within ten (10) days.

          六、甲方應(yīng)當(dāng)按照乙方的要求投保保險并以乙方為保險的優(yōu)先受償人。本合同履行期間,甲方不得中斷、撤銷保險。

          9.6 Party A shall be responsible for handling the attorney service, registry,

          insurance, notarization, evaluation etc related to the contract and all expenses.

          七、本合同項下的按揭律師服務(wù)費、保險費、評估費、公證費等費用按照相關(guān)規(guī)定或由甲乙雙方協(xié)商承擔(dān)。

          第十條 違約責(zé)任Article 10 Default Liability

          一、發(fā)生下列情況之一即構(gòu)成違約:

          10.1 Fault liability occurs in case any one of the following situations happens:

          (一)甲方改變借款用途;Party A changes the purpose of the loan;

          (二)甲方違反本合同約定,逾期或未按約定的金額歸還借款本息;

          Party A breaches the contract, failing to repay the funds on due date or failing to pay funds in full;

          (三)甲方提供的證明、資料等文件有虛假、非法的情況;

          The certificates and materials provided by Party A are fake or illegal;

          (四)甲方死亡、被宣告死亡、被宣告失蹤、喪失民事行為能力后無繼承人、受遺贈人、財產(chǎn)代管人、監(jiān)護人或者其繼承人、受遺贈人、財產(chǎn)代管人、監(jiān)護人拒絕履行本合同;

          Party A is deceased, declared disappearance or death, no heirs, donatee, property keeper, guardian after losing the capacity of civil conduct, or his heir, donatee, property keeper, guardian refuses to fulfill this contract;

          (五)合同履行期間,抵押人擅自處分抵押物,或者抵押人的行為足以使抵押物價值減少,乙方要求恢復(fù)原狀、提供擔(dān)保遭拒絕;

          Within the period of the contract, in case that the mortgager disposes

          the property without approval of Party B, or action of the mortgager can decrease the value of guaranty, Party B is refused of restoring the property or provision of new guarantee.

          (六)合同履行期間,甲方中斷、撤銷乙方要求投保的保險;

          (七)保證人提供虛假財務(wù)報告或者拒絕乙方對其財務(wù)狀況進行監(jiān)督、檢查;

          The guarantor provides false financial report or refuses the check and supervision of Party B on his financial status.

          (八)保證人違反本合同保證條款或喪失擔(dān)保能力甲方未能提供符合乙方要求的擔(dān)保;

          The guarantor breaches the terms of this contract or loses the ability of

          guarantee, and Party A fails to provide the guarantee required by Party B.

          (九)甲方或擔(dān)保人其他可能影響歸還乙方貸款的行為。

          Other actions from Party A or the guarantor that may influence repayment of loan to Party B.

          二、發(fā)生違約情況時,乙方有權(quán)采取以下一種或多種措施:

          10.2 In the event of default, Party B has the right to take any one or a few

          measures below:

          (一)按中國人民銀行的規(guī)定計收罰息和復(fù)利;

          Calculate the penalty interest rate and compound interest as regulations of the People‘s Bank of China;

          (二)要求甲方立即提前償還部分或全部借款,或以合法程序處分本合同項下的抵、質(zhì)押物以清償全部借款和利息,或要求保證人履行保證責(zé)任;

          Dispose the guaranty under mortgage and/or pledge by law, to pay off

          the total loan and relevant interest; Require the guarantor to fulfill the guarantee liability;

          (三)其他法律允許的措施。Other measures allowed by law.

          第十一條 公證Article 11 Notarization

          11.1 If any party under this contract makes request of notarization, this contract

          shall be notarized by notary organ, and Party A shall be responsible for the

          expense.

          如任何一方提出對本合同進行公證,則由公證機關(guān)進行公證,公證費用由甲方承擔(dān)。

          11.2 If Party B requests the notarial deed of documents for creditor‘s rights with

          force of compulsory execution, Party A will agree that Party B could apply to

          issue the notarial deed with compulsory force with the notary organ. If Party A

          fails to pay off all loan principal, interest and relevant expense on due date,

          Party B could take the notarial deed directly to people‘s court with jurisdiction,

          applying for compulsory enforcement, and any charges due to that will be paid

          by Party A. Party A shall agree on the compulsory execution by law unconditionally, and give up all and every right to defense.

          如果債權(quán)人要求對行使強制執(zhí)行權(quán)力進行公證,甲方將同意乙方向公證機關(guān)申請對該行為的公證。如果甲方未能對到期的借款本金、利息和其他相關(guān)費用予以償付,乙方可以向有管轄權(quán)的人民法院提交公證書,申請強制執(zhí)行,相關(guān)費用由甲方承擔(dān)。甲方應(yīng)依照法律無條件接受該強制執(zhí)行并放棄抗訴權(quán)利。

          第十二條 糾紛的解決Article 12 Dispute Settlement

          本合同履行中發(fā)生爭議,各方協(xié)商解決,協(xié)商不成,各方同意采取以下第_________種方式解決:

          12.1 Should any disputes happen in the process of performing the contract, all

          parties shall resolve them through consultations, if no settlement is reached; either of the parties may go to law in the local People‘s Court where Party B lives.

          第十三條 合同生效和終止Article 13 Taking Effect and Termination of Contract

          本合同自甲方簽字、乙方負責(zé)人或授權(quán)代理人簽字并加蓋公章之日起生效。擔(dān)保需要交付的,自質(zhì)物或權(quán)利憑證交付乙方占有之日起生效。需要登記的,自辦妥登記之日起生效。至合同項下借款本息和相關(guān)費用全部清償完畢后終止。

          13.1 The contract shall go into effect after signed by Party A and responsible

          person or the authorized representative of Party B, and sealed with common seal and special seal for contract. And it will be terminated on the day that the whole loan principal from the Party B under the contract has been paid off, including the principal, interests and relevant expenses. In case the guaranty needs to be delivered, the guaranty shall become effective upon delivery of document of title; in case that guaranty needs to be registered, the guaranty shall become effective upon settlement of registration.

          第十四條 附則Article 14 Supplementary Provisions

          一、與本合同相關(guān)的文件,包括但不限于甲方向乙方提交的申請借款文件、資料、證明、憑證等,均為本合同的組成部分。

          14.1 Any documentation related to this contract, including but not limited to,

          loan application documents, materials, certificates, etc. submitted to Party B

          from Party A, shall be parts under this contract.

          二、本合同份數(shù),詳見本合同第十四條第九款。

          第十五條 具體約定Article 15 Detailed Provisions

          一、本合同借款金額為人民幣_____________(大寫) ,___________(小寫) .

          15.1 The total amount of loan under this contract is: SAY ——RMB ONLY, that is to say, ——RMB.

          二、本合同借款用于_____.15.2 The loan under this contact is used for study abroad.

          三、本合同借款月利率為________‰。15.3 The monthly interest rate of loan under this contract is ‰。

          四、本合同借款期限________月,自_______年_______月_____日起至________年______月________日止。還款總期數(shù)為_________期。

          The term of loan under this contract is ——months, from——to ——。 Total

          repayment periods are ——times.

          五、賬戶名稱: 賬號: 開戶行

          15.5 Name of account A: Account number:

          Account opening bank: China CITIC Bank

          六、甲方選擇的還款方式為_____________.每期還款日為_____________.甲方在乙方開立還款賬戶,賬戶一名稱:_____________,賬號:_____________;賬戶二名稱:_____________,賬號:______________.

          15.6 The interest calculation type chosen by Party A is calculation by day.

          Interest is settled by month, the loan principal and interest will be repaid by the

          below way: interest will be paid off by month, principal will be repaid on due day,

          monthly paid interest is ——RMB, the repayment day is——of each month.

          Party A shall open a repayment account at Party B, with name account A:——account

          number:——and name account B: __

          __, account number:

          ___________________

          The overdue penalty interest rate shall be overcharging 50% based on the interest rate stipulated in this contract, and penalty interest rate for misappropriate use shall be overcharging 100% based on the interest rate stipulated in this contract.

          七、違約金為_____.Penalty: this contract shall be free of penalty.

          八、本合同借款的擔(dān)保方式為__________.

          The guarantee type for the loan of this contract shall be house property

          mortgage.

          九、本合同一式_____份,甲、乙方各________份。

          This contract shall be made in quadruplicate, having the same legal effect,

          each for Party A, Party B, Real Estate Bureau and Party B.

          第十六條 其他約定事項Article 16 Other provisions

          本貸款合同的英文版本僅供參考。如果中英文版本有表達歧義,則以作為中文為準。

          The English version of this loan contract is for reference only. If there is any

          inconsistency between the Chinese and English versions of this contract, the

          Chinese version shall prevail for all purposes.

          甲方(簽字)Party A (signature)

          乙方(公章)Party B (common seal/ special contract seal)

          乙方負責(zé)人(簽字)Responsible or authorized representative of Party B(signature)

          抵押人(簽字)Mortgager (signature)

          出質(zhì)人(簽字)Pledger (signature)

          保證人(公章)Guarantor (seal)

          保證人法定代表人(簽字)

          Responsible or authorized representative of Guarantor (seal)

          ______年______月_____日 Date:
         

          英文個人借款合同(二)

          借款單位:_______________

          法定代表人:________

          貸款單位:_____________

          法定代表人:________

          保證單位:____________

          法定代表人:________

          簽約日期:________

          根據(jù)《中華人民共和國合同法》的.規(guī)定,借款方為保證施工生產(chǎn)正常進行,向貸款方申請建筑企業(yè)流動資金貸款,經(jīng)貸款方審查同意發(fā)放,為明確各方權(quán)責(zé),特簽訂本合同共同遵守。

          第一條 本合同規(guī)定____ 年貸款額為人民幣(大寫)____ 萬元,用于____ .

          第二條 借款方和貸款方必須共同遵守貸款辦法,有關(guān)貸款事項按辦法規(guī)定辦理。

          第三條 貸款自支用之日起,按實際支用數(shù)計收利息,利率為月息____ ‰,超計劃貸款的超過部分利率為月息____ ‰,逾期貸款加計利息20%,挪用貸款挪用部分加罰利息50%.

          第四條 貸款方保證按照本合同的規(guī)定供應(yīng)資金,貸款方如因工作差錯貽誤用款,以致借款方遭受損失時,應(yīng)按直接經(jīng)濟損失,由貸款方負責(zé)賠償。

          第五條 貸款方有權(quán)檢查貸款使用情況。檢查時,借款方對調(diào)閱有關(guān)文件、帳冊、憑證和報表,查核物資庫存和施工生產(chǎn)情況等,必須給予方便。

          第六條 借款方如違反合同和貸款辦法的規(guī)定,貸款方有權(quán)停止貸款,提前收回部分或全部貸款。

          第七條 擔(dān)保方對借款方歸還貸款本息承擔(dān)責(zé)任,如果借款方未按期清償貸款本息時,擔(dān)保方應(yīng)在接到貸款方還款通知后一個月內(nèi)負責(zé)歸還。

          第八條 本合同有效期:自____ 年____ 月____ 日起,至___ _ 年____ 月____ 日為止。

          本合同正本一式三份,簽章各方各執(zhí)一份。

          借款方:____________(蓋章)________ 代表人____________

          貸款方:____________(蓋章)________ 代表人____________

          擔(dān)保方:____________(蓋章)________ 代表人____________

          借款合同英文范本

          Contract Number: _____________

          BORROWER: ________________

          Address: _________________

          LENDER: __________________

          Address: _________________

          In accordance with provisions of Contract Law of the Peoples Republic of China and Bank of China, after reviewing the status and the request of the Borrower, the Lender agrees to grant the Borrower a line of credit on . The Borrower, Lender and Guarantor, through friendly negotiation, have executed this Contract as follows:

          ARTICLE 1 CURRENCY, AMOUNT AND TERM OF THE LOAN:

          1. The Currency under this loan is Reiminbi.

          2. The Line of the loan is yuan.

          3. The period of this loan is 12 months from the date of effectiveness of this contract.

          ARTICLE 2 THE PURPOSE OF THE LOAN:

          1. The purpose of this loan is used for working capital turnover.

          2. Without written approval of the Lender, the Borrower could not use the loan out of the scope of the purpose.

          ARTICLE 3 INTEREST RATE AND CALCULATION OF INTEREST:

          1. Interest rate: The interest rate shall be [***] During the loan term, if the countrys related authority adjusted the interest rate or the manner of calculation of interest, the interest of this contract shall be adjusted accordingly after one year from the date of execution of this contract. The adjustment shall be conducted when the interest rate are executed one year.It is not obliged to inform the Borrower when the adjustment of interest.

          2. The interest shall be calculated from the date of first drawdown and the actual days the borrower use. One year shall be calculated as 360 days.

          3. The payment of interests: The Borrower shall pay the interests per quarter. The payment date shall be , and. If the payment for the last installment is not on the payment date,the interests shall deduct the interest from the bank account of the Borrower. In the event that the Borrower fails to pay the interests on time and the balance of the account of the Borrower is not enough for the payment of interest, the Lender shall have rights to collect a penalty being [***] of the outstanding amount per day for the Borrowers breach of contract.

          ARTICLE 4 OVERDUE INTERESTS AND MISUSING INTERESTS

          1. If the Borrower fails to repay the loan and can not reach a agreement with the Lender regarding the extension, the Lender shall collect an overdue penalty for [***] of the overdue amount per day.

          2. If the Borrower fails to uses the loan in accordance with the provisions set forth in this contract, the Lender shall have right to charge a interests for the misusing part at a rate of [***] per day.

          ARTICLE 5 ACCOUNT

          The Borrower shall open Reiminbi basic account and/or foreign currency account at the Lender or Lenders branch for the use of draw-down, repayment,payment of interests and fees.

          ARTICLE 6 DRAW-DOWN

          1. The loan under this contract is revolving, the balance of this contract shall not more than the line of credit.

          2. The Borrower shall send a draw-down application as the form herein attached in this contract 7 days before the date of draw-down.

          3. The Borrower shall not draw the loan less than 1 million.

          ARTICLE 7 CONDITIONS FOR DRAW-DOWN

          The following conditions shall be satisfied in advance of the draw-down date:

          1. The Borrower has opened foreign account and Reiminbi account at the office of the Lender or the branch of the Lender;

          2. This contract and the appendices have been effective;

          3. The Borrower has provided the recognition of the investment or certificate of the investment to the Lender;

          4. The Borrower has provided the board resolution and power of attorney regarding this loan contract;

          5. The Borrower has provided the list and the signature sample of the authorized person who empower to sign this contract and documents;

          6. The Guaranty under this contract has been effective;

          7. The Borrower has been satisfied the warrants under Article 11 of this contract;

          8. The other requirement for the draw-down have been satisfied.

          ARTICLE 8 REPAYMENT PLAN AND PREPAYMENT

          1. The Borrower shall repay the loan in accordance with the status of its cash. The Borrower shall inform the Lender the payment amount and date [***] prior to make the payment. The Borrower shall be obliged to repay the principal and related interests on due date without any condition.

          2. The payment made by the Borrower and the deduction from the account of the Borrower shall be used for repaying the interest at first and then for repaying the principal.

          3. In the event the Borrower fails to repay the loan, the Lender shall have rights to deduct the debt from the bank account of the Borrower at the Lender or empower the branches of the Lender to deduct the debt from the bank account of the Borrower at the Lenders branches;

          4. The installment of repayment shall not less than 1 million.

          ARTICLE 9 DEBT CERTIFICATE

          The Lender shall keep record in the Lenders account for the principal,interests and fees and other fees of the Borrower under this contract; The above mentioned record and the documentation for the draw-down, repayment and payment of interest is the certificates of the debts between the Borrower and the Lender.

          ARTICLE 10 GUARANTY

          1. (the 'Guarantor') shall be the guarantor for the loan under this contract and take jointly liabilities.

          2. During the term of this contract, if the guarantors financial status become deteriorated or the liabilities for repayment of debts become weak, the Lender shall have right to request the Borrower changes guarantor orprovide mortgage and pawn secured for this loan under this contract.

          ARTICLE 11 REPRESENTATIONS AND WARRANTIES

          I. The Borrowers represents and warrants as follows:

          1. The Borrower is a company duly organized and validly existing under the law of the Peoples Republic of China and has the power and authority to own its property to consummate the transactions contemplated in this contract and join the litigation. The Borrower has the power to handle it assets used in operation.

          2. The Borrower is at its option to sign and perform this contract.It is the Borrowers true meaning and has the power to sign this contract and it is not breach it article of association or regulations or contracts. The procedure for signature and performance of this contract has been gone through and fully effectiveness.

          3. The all documents, materials, reports and certificates provided to the Lender by the borrower for consummation of this contract is true, real, compete and effective

          4. The Borrower shall not conceal the following events which is being happened or have been happened which will cause the Lender refuse to extend the loan:

          (1) The Borrower or the principal executives of the Borrower involve in material events which breach regulations, laws or compensation to others;

          (2) Pending actions and arbitration;

          (3) The Borrowers debts or proposed debts or liens and other encumbrances;

          (4) The other matters will impact the financial status or abilities of repayment for the debts;

          (5) The Borrower breached contract which is between the Borrower and other creditors.

          II. The Borrower hereby warrants as follows:

          1. Using the capital of the loan as usage set forth in this contract, the Borrower will not use the loan as Equity investment; The Borrower will not use the capital of the loan invest in security, future, real estate etc. The Borrower will not lend to the others privately or involving other maters which is prohibited by the country. The Borrower will not misusing or appropriation of the loan.

          2. Making payment and related expenses in accordance with the provisions set forth in this contract;

          3. Providing updated financial statement or financial bulletin every quarter; Providing the audited financial report at the first quart of each year; Providing operation report, financial report or other files and materials and shall warrant the reality, correct and effectiveness for the files and materials;

          4. Any anti-guaranty or other similar documents will not make any impact on the rights and benefits of the Lenders;

          5. Accepting the supervision of the Lender, provides assistance and cooperation for the Lenders supervisions;

          6. Will not reduce the registration capital; Prior approval from the lender shall be required when the Borrower changes of shareholders and operation manner(including but not limited to joint venture, cooperation, jointly cooperation; dissolution, closedown, liquidation, transformation; merger; change to share company, use the housing, machinery or other real assets or trademark, intellectual property, Knowhow, landing using rights or other intangible assets to invest in share company or investment company, trading of operation right or own right by contracting, joint operation, trusteeship)

          7. The Borrower shall inform the Lender and warrants the liability under its security will not more than net assets of the Borrower when the Borrower guarantee for other party or mortgage its assets. The Borrower warrants that will not dispose the assets which will make adverse impact on its ability of paying debts.

          8. The Borrower will not pay the other similar loans prior to the Lender;

          9. The Borrower warrants to inform the Lender immediately when the following events occurred:

          (1) The event of breach of contract under this contract or other loan or guaranty contracts between the Borrower and any branches of Bank of China or other banks, non-bank financial organization;

          (2) The Borrower changes shareholders or revise the article of association;

          (3) The Borrower suffer difficulties and bad result in financial and operation;

          (4) The Borrower involves in material actions or arbitration;

          10. The Borrower shall keep sufficient balance for repayment prior [***] to the due date.

          11. The Borrower shall keep its bank transactions regarding income collection, sell foreign currency or buy foreign currency ect. Shall be conducted at the Lender or other branches of the Lender. The turn-over for the capital shall satisfy the demand of the Lender;

          III. The Borrowers representations and warrants hereunder this contract shall be effective even though any mendment, supplements or revised to be made to this contract.

          ARTICLE 12 REPRESENTATIONS AND WARRANTS OF THE LENDER

          I. The Lender represents and warrants as follows:

          1. The Lender is a state-owned commercial bank or branch duly organized and validly existing under the law of P.R.C and approved by the Industry and Commercial Administration and holds the financial institutions legal person licenses and financial institutions operation license to be qualified to operate financial business.

          2. The Lender has taken all necessary action to authorize the execution of this contract and performance of its obligations under this contract. The Lender is duly authorized to extend this loan.

          II. The Lender warrants as follows:

          1. The Lender shall extend the loan in accordance with the provisions set forth in this Contract.

          2. Collect interests in accordance with the regulations of the Peoples Bank.

          ARTICLE 13 EVENTS OF BREACH CONTRACT AND SETTLEMENT:

          I. Settlement of the Borrower breach of contract

          1. Event of breach of contract:

          (1) The Borrower fails to use the loan in accordance with the agreed usage of the Loan;

          (2) The Borrower fails to repay the due principal and pay the interests, expenses or other payable in accordance with the agreed term of this contract;

          (3) The Borrower breaches the representation and warrants set forth in Article 11.

          (4) The Borrower breaches other loan agreements or guaranty agreements or the Guarantor breach the guaranty agreement which may make impact the Borrower to perform the obligations under this contract.

          (5) Conclusive evidence to show that the Borrower lose the capacity of credit or during performance of the obligation under this contract, the financial conditions of the Guarantor are seriously deteriorating or other reasons caused the Guarantor the capacity of credit decline.

          (6) The Borrower breaches the other obligations under this contract.

          2. Under the above circumstances, the Lender shall have right to:

          (1) Request the Borrower to rectify within the period designed by the Lender;

          (2) Cease in extending the loan or cancel the credit;

          (3) Declare the loan under this contract is due and the Lender shall have right to deduct the outstanding amount from the account of the Borrower. The Borrower shall not appeal against the Lender.

          (4) Declare the loan is due under other loan agreements between the Lender and the Borrower, request the Borrower to repay the loan principals, interests, and other expenses.

          II. The settlement for the Lender breach of the contract

          1. The Lender fails to extend the loan as agreed in this contract without any reasons;

          2. The Lender breaches the agreed interest rate and collection add interests or other fees;

          3. The Lender breaches the provisions set forth in Article 12;

          4. Under the above circumstances, the Borrower shall have right to:

          (1) Request the Lender to rectify;

          (2) Repay the loan ahead of time and refuse to pay any compensation for prepayment.

          ARTICLE 14 DEDUCTION

          The Borrower shall pay in full for the payment without any counteraction or any condition.

          ARTICLE 15 ASSIGNMENT OF THE DEBT AND CREDIT

          1. The Borrower shall not assign its right and liability under this contract to other third party without any written approval of the Lender;

          2. In the event the Borrower assign its right and liability under this contract to other third party under the written consent of the Lender, the third party shall abide this contract without any condition.

          ARTICLE 16 PERFORMANCE OF OBLIGATION AND WAIVER OF RIGHTS

          1. The Borrower is independent contractor under this contract, it will not impact by any other relations between the Borrower with other party except the other provisions set forth in this contract.

          2. The Lender give any extension, toleration, favor to the Borrower or permit the Borrower to delay of performance any obligation under this contract shall not impair any rights of the Lender in accordance with this contract and laws, regulation, it shall be deemed to have waived its rights under this contract and the obligation shall be performed by the Borrower under this contract.

          ARTICLE 17 AMENDMENT, SUPPLEMENT AND INTERPRETATION OF THE CONTRACT

          1. This contract could be amended and supplemented upon the written agreements conclude by the parties. Any a amendment and supplement shall be integral party of this contract.

          2. In the event change of laws, regulations or legal practice which will cause any terms contained in this Contract become illegal, invalid or loss of practice, the other part of this contract shall not be impaired by it. The both parties shall make efforts to change the illegal, invalid or loss of practice part.

          3. For the matters not referred in this contract shall be construed in accordance with the provisions of the Peoples Bank of China.

          ARTICLE 18 DISPUTE RESOLUTION, GOVERNING LAW AND WAIVER OF EXEMPTION

          1. The conclusion, interpretation and dispute resolution shall be subject to the Laws of the Peoples Republic of Chin. The disputes arising from the execution of this contract shall be settled through friendly consultation by both parties. In case no settlement can be reached, the disputes shall be submitted to the Peoples Court of the location of the Lender for judgment.

          2. The Borrower shall not reject any obligation during the settlement of disputes.

          3. The execution and performance of this contract and the related transaction is civil behavior. The Borrower shall not appeal to take action to exempt from the obligation under this contract.

          (if both parties agree to apply arbitration, the above term shall be:)

          1. The conclusion, interpretation and dispute resolution shall be subject to the Laws of the Peoples Republic of Chin. The dispute arising from the execution of this contract shall be settled through friendly consultation by both parties. In case no settlement can be reached, the disputes shall be submitted to China International Economic and trade arbitration commission for arbitration.

          2. The arbitration shall be conducted in accordance with the Arbitration Law of Peoples Republic of China and Provisional Rules of Procedure of China international economic and trade arbitration commission.

          3. During the Arbitration, this contract shall be effective and the Borrower shall not disclaim the any obligations under this contract.

          4. The execution and performance of this contract and the related transaction is civil behavior. The Borrower shall not appeal to take action to exempt from the obligation under this contract.

          ARTICLE 19 OTHER MATTER AGREED BY THE PARTIES.

          ARTICLE 20 APPENDICES

          The following appendices shall be integral part of this contract:

          1. Draw-down application

          2. _______________________

          ARTICLE 21 NOTICE

          1. Any notice, payment notice or telecommunications shall be forwarded to the following address:

          To: The Borrower: _________________

          Address: ______________________

          Post Code: ____________________

          Fax: __________________________

          To: The Lender: ___________________

          Address: ______________________

          Post Code: ____________________

          Fax: __________________________

          2. If any change of address shall inform the other party immediately.

          3. Any notice, payment request or communication shall be forwarded to the above address. The dates on which notices shall be deemed to have been effectively given shall be determined as follows:

          (1) If given in letter it shall be deemed effectively given on the fifth day after the date mailed by registered airmail, postage prepaid;

          (2) If given by telex it shall be deemed effectively given on the date the other party returned the information;

          (3) If given by facsimile it shall be deemed effectively given on the first date of transmission;

          (4) If given by personal delivery it shall be deemed effectively given on the date of personal delivery; This contract become effective after signed by the authorized representatives of both parties until the loan and the interests and other related expenses be cleared up. This contract is executed in _____ original and be equally authentic.Each of the Borrower, the Lender shall hold ____ copy.

          Borrower: ______________

          Lender: ________________

          Date:___________________

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