招商银行最高额抵押合同英文版Themaximummortgagecontract.docx

1、招商银行最高额抵押合同英文版ThemaximummortgagecontractTHE MAXIMUM MORTGAGE CONTRACTOctober 2012THE MAXIMUM MORTGAGE CONTRACTContract No.: Mortgagee: China Merchants Bank Co., Ltd. (hereinafter referred to as Party A)Primary Personnel in Charge: Mortgagor (legal person or other organization): (hereinafter referred

2、 to as Party B)Legal Representative/ Primary Personnel in Charge: Mortgagor (natural person):ID No.:Whereas1, The contract whose No. is signed by Party B(also as Credit Applicant) and Party A on (YMD)(hereafter referred as Credit Awarding Agreement), Party A is willing to provide to Party B line of

3、credit(hereafter referred as “line of credit” ) in (currency) in the amount of ( )(including other currency of the equivalent value) during the period of credit awarding (hereafter referred as “period of credit awarding” ) from (YMD) to (YMD), or2, The contract whose No. is signed by (hereafter refe

4、rred as Credit Applicant) and Party A on (YMD)(hereafter referred as Credit Awarding Agreement ), Party A is willing to provide to Credit Applicant line of credit(hereafter referred as “line of credit” ) in (currency) in the amount of ( )(including other currency of the equivalent value) during the

5、period of credit awarding (hereafter referred as “period of credit awarding” ) from (YMD) to (YMD).Party B is willing to mortgage its property owned or disposable according to law, for the guarantee of repayment of debt to Party A in full and on time under Credit Awarding Agreement. Through verifica

6、tion, Party A agrees to accept Party Bs property owned or disposable according to law as mortgage. According to relevant laws and regulations, Party A and Party B enter into this contract with consensus, and both parties are willing to abide by following clauses.Art. 1 Mortgaged Property of Party B

7、(additional list of mortgaged property may be attached to this contract)1.1 Name:1.2 Quantity or area:1.3 Location:1.4 Assessment of price and mortgage rate:1.5 Duration:1.6 Certification of ownership:Art. 2 Mortgage of Maximum Amount2.1 In period of credit awarding, Party A shall have the right to

8、provide Party B(or Credit Applicant) loan or other credit awarding by several times; Party B(or Credit Applicant) shall have the right to reuse the revolving line of credit by category of line, but not applicable for the One-time line of credit. The amount, duration and concrete uses of per loan or

9、other credit awarding can be stipulated by specific contracts.Both parties have no objection to that due date of specific business later than the due date of credit awarding period.2.2 Thus Party B shall bear the warranty liability within the stipulated range of mortgage security guarantee in articl

10、e 3 of this contract; If Party A claims for the recourse in according with the provisions under Credit Awarding Agreement or other specific contracts before the maturity of credit. Party B (or Credit Applicant) shall bear the warranty liability with mortgage property as well.2.3 Bank credit business

11、 provided by Party A to Party B (or Credit Applicant) during the period of credit awarding, such as trade acceptance, establishment of a letter of credit (Including overriding letter of credit, the same below), L/G, letter of shipping guarantee etc. Even though external advances of Party A may not o

12、ccurred before, but indeed happened after the maturity of credit. Party B shall bear the warranty liability within the stipulated range of mortgage security guarantee in Article 3 of this contract.2.4 For the renewal agreement or alteration of valid provision upon the duration, interest and amount o

13、f specific business during the performance of specific business under Credit Awarding Agreement, or the adjustment of interest rate on the basis of Credit Awarding Agreement and/or specific contracts during the mortgage guarantee period. Party B shall accept all this with no necessary to obtain the

14、approval of Party B or notify Part B, and no effect to the mortgage guarantee responsibility of Party B stipulated by the contract as well.2.5 If Party As received documents in letter of credit operation under credit awarding agreement be found to have discrepancy through Party As audit , but credit

15、 applicant accepted with the discrepancy, Party B shall also assume the mortgage guarantee responsibility with mortgage property for principle and interest of credit in Party As external acceptance or payment. Party B shall not propose the defense, not because of accepting with the discrepancy but w

16、ithout the approval of Party B or notify Party B.2.6 The modification of L/C, L/G (or standby letter of credit), acceptance of usance letter of credit and extension of time for promised payment at maturity etc. Party B shall accept all this with no necessary to obtain the approval of Party B or noti

17、fy Part B, and no effect to the mortgage guarantee responsibility of Party B stipulated by the contract as well.Art. 3 Range of Mortgage Security Guarantee 3.1 The security guarantee range of this contract is sum of loan within the line of credit provided to Party B according to stipulation of Credi

18、t Awarding Agreement and principal balance of other credit(maximum limit is (currency) in the amount of ). And interest, default interest, compound interest, penalty ,fees to realize mortgage right and other involved expenses included as well. Including but not limited to:3.1.1 The released balance

19、of loan amount and corresponding interest, default interest, compound interest, penalty, fees to realize mortgage right and other involved expenses by Party A on the basis of specific contracts under Credit Awarding Agreement;3.1.2 The balance of advance principle ,interest, default interest, compou

20、nd interest, penalty ,fees to realize mortgage right and other involved expenses ,which has been pay advanced for Party B in the cause of the performance of Party As obligation of payment of Commercial Draft, L/C，L/G and letter of shipping guarantee under Credit Awarding Agreement;3.1.3 The balance

21、of principle of banking external payments ,interest, default interest, compound interest, penalty ,fees to realize mortgage right and other involved expenses entrusted by Party A within the business of trade financing under Credit Awarding Agreement;3.1.4 Party As account receivable creditors rights

22、 transferred from Part B (or Credit Applicant), and corresponding overdue penalty (late fee) under factoring business. and/or the basic payment for purchase (basic purchasing funds) and relevant expenses of factoring paid by Party A to Party B（or Credit Applicant）;3.1.5 After the establishment of a

23、letter of credit interest requested by Party B (or Credit Applicant), Party A authorizes the branch of CMB bank to open the covering L/C for beneficiary. Balance of debt principle of import bill advance and shipping guarantee and expenses of default interest, compound interest, penalty and other inv

24、olved for the opening of L/C, but also advance for the performance of the issuing banks rights under this L/C;3.1.6 The original credit awarding agreement No. ( ) signed by and between Party A and Party B. The part of the unpaid balance in the specific business carried out under the original credit

25、awarding agreement since the execution of this contract. (Tick the box in case the provision herein applies.);3.1.7 The original contract No. ( ) /Date ( )/Name ( ) signed by and between Party A and Party B, and the unpaid balance in the specific business carried out under the aforesaid contract sin

26、ce the execution of this contract. (Tick the box in case the provision herein applies.);3.1.8 Expenses for the enforcement of Party As right of mortgage and recovery of the Party Bs(or Credit Applicant) debt（including but no limited to attorneys fees，legal fees, advertising fees, delivery fee and tr

27、avel expenses etc.）.3.2 As for revolving line of credit, if the provided loan or other balance of credit exceeds the amount, Party B (or Credit Applicant) shall not bear the warranty liability for the part in excess of the amount, but liability for the loan not yet exceeds credit amount or other bal

28、ance of credit and interest, default interest, compound interest, penalty and other involved expenses.Notwithstanding the foregoing, both parties clear and definite that: Even though the loan or other balance of credit exceeds the credit amount at a point in time during the credit awarding, but all

29、kinds of balance of credit no yet exceed the sum of credit amount when Party A requires Party B to assume the warranty liability. Party B shall not to propose the defense with aforesaid provisions, but bear the warranty liability for all balance of credit and interest, default interest, compound int

30、erest, penalty and other relevant expenses etc.（subject to the clause of Art.3.1）Art. 4 Independence of the ContractThe contract is impendent and unconditional without the influence of Credit Awarding Agreement; nor any agreement/document signed between Party B(or Credit Applicant) and any person/or

31、ganization; nor change due to cheat, reorganization, closing down, dismission, bankruptcy, audit, consolidation, separation, reform of a company of Party B(or Credit Applicant); nor the tolerance, grace or postponement in performance of the creditors rights and interests Party A shall enjoy on the p

32、art of Party B(or Credit Applicant) under Credit Awarding Agreement. Otherwise mortgage or guarantor at the same time, thus Party A waives the sequence of mortgages, waives, alters or annuls other mortgage, alters, annuls the liability of guarantor, or Party A requires Party B to assume the warranty liability first. Party B shall assume the liability warranty for Party A in according with the provisions of this mortgage contract.Art. 5 Mortgage PeriodMortgage period means the period from the date of execution of this contract to expiration time of lawsui