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信托保障资金 合同(资金信托合同协议书)

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信托贷款财产抵押合同

CONTRACT OF PROPERTY MORTGAGE FOR TRUST LOAN


_______(抵押方,以下简称借款人):

_______ (the mortgagor, hereinafter referred to as the borrower).


信托投资公司(受押方,以下简称放款人):

Trust Investment Corporation (the mortgagee, hereinafter referred to as the lender).


 经双方协商,借款人同意将其财产______抵押给放款人,借入外汇人民币信托贷款。双方确认财产抵押的条件如下:

The Parties hereto, by mutual consultation, agree that borrower agrees to mortgage its property of ______ to the lender to borrow a trust loan of foreign currency / RMB. The parties hereto confirm the terms and conditions of the property mortgage as follows.


一、借款人同意将财产_____全部(或部分)抵押给放款人。

1. The borrower agrees to mortgage its all (or part) of the property of _____ to the lender.


 在贷款期间(指贷款本息未全部清偿前,下同)抵押品归放款人所有,借款人只能在正常营业下,运用抵押品进行经营管理,无权对抵押品进行出售和转让。借款人在运用抵押品的过程中,应注意维修和爱护使用,避免不应有的损失。

The mortgage shall remain the property of the lender for the duration of the loan (i.e. until full payment of the principal and interest, as same hereinafter) and the borrower shall, under the normal course of business, only use the mortgage for its business management without entitlement of selling or transferring the same. The borrower should carefully take care to maintain and use the mortgage to avoid undue damage in the course of using.


 二、借款人在贷款期间,抵押财产必须全部向中国人民保险公司投保财产险,抵押品的保险单的受益人应转让给放款人(保险单应交放款人保管)。借款人同意在贷款本息清偿前,对抵押品按期续保,保险费由借款人负担。一旦发生险灾,保险赔款应先归还放款人的贷款本息(包括逾期罚息)。

2. The borrower should, during the loan period, have all the mortgaged property insured with the People's Insurance Company of China for property insurance, and the beneficiary of the insurance policy of the mortgage should be deposited with assigned to the lender (the insurance policy should be deposited with the lender). The Borrower agrees to renew insurance of the mortgage on time at its expense until the principal and interest on the loan are paid off. In the event of a dangerous disaster, the insurance claims should first repay the loan principal and interest of the lender (including overdue penalty interest).


三、放款人对借款人来说是第一债权人,未经放款人同意,借款人不能将抵押品再抵押给第三者,或将抵押品转让、变买处理,也不得将放款人的应收款和任何物抵押给第三者。

3. The lender is the first creditor to the borrower which cannot, without the consent of the lender, re-pledge the mortgage to a third party, or assign or dispose thereof by way of sale or purchase, nor can he pledge the lender's receivables and any without the consent of the lender else to a third party.


四、借款人如果未能按期偿还贷款本息及逾期罚息,或因违反贷款协议及财产抵押合同的各项规定,给放款人造成经济损失,放款人有权处理抵押品,包括将抵押品再抵押出去,或将抵押品变卖处理,抵押品价值原则上按原值的____%作价,但考虑到借款人的利益,经放款人同意,借款人可自行变卖抵押品,处理抵押品的收入,优先归还贷款的本息及逾期罚息,剩余部分交借款人处理。

4. Where the borrower fails to repay the principal and interest of the loan and the overdue penalties on time, or causes financial loss to the lender due to the breach of various provisions of the loan agreement and the property mortgage contract, the lender has the right to dispose of the mortgage, including re-mortgaging the mortgage or disposing thereof by selling it at ____% of its original value in principle, however in consideration of the borrower’s interests and with the consent of the lender, the borrower may sell off the mortgage on its own, and the proceeds therefrom will be firstly repaid for the principal and interest of the loan and the overdue penalties, with the remaining portion to be disposed of by the borrower.


五、本合同的各项抵押条件是连续的,在贷款未清偿前一直有效。在此期间如借款人地址、名称、机构等发生变化,本合同应继续执行。

5. The terms of the mortgage herein are continuous and shall remain in force until the loan is repaid off. This contract shall continue in the event of any change in the borrower's address, name, institution, etc. during this period.


六、在执行本合同的过程中如双方发生争执,经友好协商不能解决的,双方均可向国家规定的合同管理机关申请调解或仲裁,也可向人民法院起诉。

6. Where any dispute arises between the parties in the course of the execution of this contract and cannot be resolved through friendly consultation, the parties may apply for mediation or arbitration to the contract management authorities prescribed by the State, or may sue in the People's Court.


七、本合同由借款人所在地公证机构公证后生效,成为对双方约束力的法律文件。

7. This contract shall take effect upon being notarized by the notary public at the borrower's location, and shall become a binding legal document for the parties hereto.


八、从放款人收回全部贷款本息(包括逾期罚息)之日起,本财产抵押合同即告失效,原移交给放款人的财产保险单应退交借款人。

8. This property mortgage contract shall, as of the date of recovery of the full principal and interest of the loan (including overdue penalty interest) by the lender, and the property insurance policy originally deposited with the lender shall be returned to the borrower.


九、本合同一式三份,借款人、放款人及公证机关各执一份。

9. This contract shall be executed in three copies, one for each of the borrower, the lender and the notary public respectively.


  借款单位:Borrower:

法人代表:Legal representative.


放款单位:Lender:

法人代表:Legal representative.


公证机关:Notary:


_____年___月___日

___ Day ___ Month _____ Year​​​

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