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    IV. If the heirs or the person bequeathed or the property administer on behalf of the borrower refuses to pay off the principal and interest for the borrower;
    V. According to the stipulations in the loan terms, in case of the guarantor (guaranty) changed, which leads to the obligations performed by the guarantor ahead of schedule or the disposal of guaranty by the money lender in advance; or any actions the borrower may take which influence returning the principal and interests to the money lender;
    VI. For the mortgage loan guaranteed, in case the borrower is not able to pay back the principal and interests punctually for the period of two sessions in a row or three months in the aggregate;
    VII. For the mortgage loan guaranteed, in case the borrower is not able to pay back the loan punctually and thus gets the loan overdue less than one month;


    Article 16 All charges in evaluation, registry, insurance and notarization etc for making and carrying out the contract shall be paid by the borrower.

    Guarantee Clauses

    Article 17 The guarantor voluntarily provides the borrower with the joint liability assurance. When the borrower fails to fulfil the obligations of returning the money as per the contract, the guarantor promises to carry out the obligation of paying back the money as the money lender requires.

    Article 18 The scope of guarantee responsibility contains the principal, interests, penalty interests and other expenses of reaching creditor's rights.

    Article 19 The guatantee period is two years, calculation is carried out from the moment when the expiring day comes as per the provision of loan clauses in the contract. For the payment on instalment, the guarantee period shall be calculated from the day when the borrower fails to pay back the loan of each term punctually. In case the money lender takes back the loan early as per the stipulations of the contract, then the guatantee responsibility of the guarantor shall be performed ahead of schedule.

    Article 20 No need to get the guarantor’s approval in case the money lender carrys out a new interest rate owing to any adjustment by policies on interest rate.

    Article 21 In case the borrower fails to do the obligations of repaying the principal and interests and other corresponding expenses as stipulated in the loan clauses, the money lender shall have the right to directly recover the debt against the guarantor. The guarantor shall secure the fulfillment of repaying the above money within five days upon receiving the written notice from the money lender.

    Article 22 The guarantor shall pledge himself to have enough ability in bearing the guarantee responsibility, and not be free from the responsibilities in such cases as any instructions, changes in financial resources and any agreements signed with a unit or individual happened to the guarantor.

    Article 23 As soon as the contract comes into effect, the guarantor shall agree to investigation on his capital and property state made by the money lender, and provide the relevant economic situations and information timely.

    Article 24 During the period of implementing the contract, if the guarantor provides a guarantee to the third party again, ensuring no harm to the interests of money lender.

    Article 25 The ‘Loan Terms’ in the contract, of which as the results of some reasons part or whole is of no effect, shall not influence the effectiveness of ‘Guarantee Terms’, the guarantor shall continue to be responsible for what stipulated.

    Pledge Terms

    Article 26 The pledgor may mortgage the whole rights and interests of the pledge (right) on the Pledge (Right) List which he has the right to dispose to the money lender, and the List is an integrated part of the contract.

    Article 27 The scope of pledge guarantee is principal, interests, penalty interests related to the contract and the expenses of reaching the creditor’s rights.

    Article 28 Pledgor’s Commitments

    I. To pledge things which he possesses legally, and the pledging deed is true and legal;
    II. To submit the pledge or its certificates of right to the money lender on the day the loan released;
    III. To be responsible for handling the registry, notarization, evaluation and authentication etc related to the contract and all expenses.

    Article 29 If for the pledgor whose date of fulfilling the pledge rights is prior to that of performing the main debts, the money lender may match his commitments before the maturity of fulfilling the debts.

    After the money lender has matched his commitments as the previous provisions, through negotiation with the pledgor, ahead of time he will pay off the creditor’s rights guaranteed by the pledgor with the money cashed, or deposit it as the pledging property into the account designated by the money lender.

    Article 30 In case the following situations happened, the pledgor/mortgagor shall inform the money lender in written form:

    (1) Any disputes on the right of pledge/guaranty;
    (2) Any lawsuits involving some important economic disputes;
    (3) Any changes on the pledgor’s side in address, telephone (including BP and mobile phone) and so on.

    Should the above-mentioned happened, the pledgor/mortgagor shall inform the money lender within 7 days after the incidents.

    Article 31 When the performing date has expired as per the regulations of “Loan Terms”, if the money lender has not been paid off or according to the “Loan Terms” he has claimed to tack back the loan in advance but no results, he will have the right to dispose the pledge/guaranty and get a prior compensation with the money.

    Article 32 In case the money lender is ready to dispose the pledge subject to the contract, yet the right under the pledge has not been mature, the money lender shall have the right to cash the pledge in advance, any losses like interests caused by this shall be shouldered by the pledgor.

    The Fixed Deposit Receipt cashed in advance shall be disposed as exercising the offset rights against it stipulated in Article 9 of the contract.

    The Certificate National Debts cashed in advance shall be handled as the procedures stipulated in Article 11 of “The Certificate National Debts Pledging/Mortgaging Loan Measures” enacted by The People’s Bank of China and Ministry of Finance on July 9, 1999.

    Article 33 In case any causes get part or whole of the “Loan Terms” under the contract out of effect, no influences on the legal effects of “Pledge/Mortgage Terms”, and the pledgor shall go on with his duties as what stipulated.

    Article 34 Mortgage Terms The mortgager mortgages the property which he has the right to dispose, all the mortgage property shall be shown on the Guaranty List, which shall be an integrating part of the contract.

    Article 35 The scope of mortgage guarantee contains the principal, interests, penalty interests and other expenses of reaching the creditor’s rights under the contract.

    Article 36 On the day when the mortgage under the contract has been set and its registration has been finished, the mortgager shall hand over the ownership certificate of the guaranty and the mortgage registration certificate etc. to the money lender, in the custody of the latter.

    Article 37 During the period of mortgage, all the 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 the money lender at any time.

    Article 38 As per the requests of the money lender, the mortgager shall give an insurance upon his guaranty, and all the insurance procedures of the mortgage property shall be completed before the contract comes into effect, and of which the insurance time shall be longer than that of loan.

    Article 39 Within the period of mortgage, should any damages happen within the scope of insurance, or any decreases in mortgage value originated from the third party occur, the insurance compensation or damage compensation shall be repaid ahead of schedule.

    Article 40 Within the period of mortgage, should any decreases happen owing to the faults of mortgager or other causes, the borrower or mortgager shall provide the money lender with the guarantee worth the equal value of the decreases within thirty days.

    Article 41 Within the period of mortgage, without any written approval from the money lender, the mortgager shall have no right to rent, sell, re-mortgage the guaranty, or for debts or donations etc. Any losses to the money lender caused by this shall be shouldered by the mortgager. Any money got by transferring the guaranty based on the approval of the money lender shall be used for paying off the loan ahead of schedule.

    Article 42 Within the period of mortgage, in case the money lender thinks it necessary to reevaluate the guaranty, with which the mortgager must cooperate. After the reevaluation, when the money lender thinks that the value of guaranty is inadequate in guaranteeing his creditor’s rights, the borrower or mortgager shall add new guaranty as guarantee.

    Article 43 Should what happen as the statement in Article 15, the money lender declares the loan taken back early, but for the part not paid off the money lender has the right to dispose the guaranty in advance.

    Article 44 Setting the guaranty needs to have the mortgage registration in the authorities related to it, a cooperation needed between the mortgager and money lender.

    Article 45 All the litigation expenses on insurance, evaluation, appraisal, registry, transfer and custody shall be shouldered by the mortgager.

    Article 46 Should the loan terms in the contract of which part or whole is of no effect owing to a certain cause, no influence on the mortgage terms at all, the mortgager shall bear the responsibilty as per the provisions as usual.

    Other Terms

    Article 47 Take Effect, Change, Cancel and Terminate. The contract shall go into effect after signed (sealed) by each party concerned, for the part guaranteed it begins to be effective on the effectiveness of guarantee. And it will be terminated on the day that all the loan from the money lender under the contract has been paid off, including the principal, interests, penalty interests and other expenses.

    To the borrower, money lender and guarantor, no one is able to change or terminate the contract unilaterally after it comes into effect. Should there be some changes or termination, an written agreement must be reached upon unanimous consultation. Each term or regulation in the contract shall be effective before the written agreement reached. Should a change registry be needed, both parties should handle it together. No influences on the rights that each party has for its losses compensated after any changes or termination of the contract happened. And the termination of the contract shall not affect the effectiveness of the clauses in the contract stipulated for settling disputes.

    Article 48 Dispute Settlement Should any disputes happen in the process of performing the contract, all parties shall resolve them through consultations, if no settlement reached, either of the parties may go to law in the local People’s Court where the money lender lives.

    Article 49 If it is necessary to provide other guarantee for loan related to the contract, another contract should be signed between the money lender and the guarantor.

    Article 50 Transfer of creditor’s rights and debts. The money lender may transfer his rights and interests under the contract to other people even if with no approval from borrower or guarantor, while the borrower and guanrantor shall continue to finish their responsibilities or obligations stipulated in the contract; the borrower or guarantor shall not transfer his responsibilties or obligations stipulated in the contract to a third party if with no written approval from the money lender.

    Article 51 All the appendixes attached to the contract and the agreements for performing the contract shall be regarded as an integrated part of the contract, which shall have the same legal effect as the contract.

    Article 52 Should the borrower or guarantor (guarantor, pledgor, mortgager) fail to fulfill their obligations stipulated in the contract when it becomes due, a compulsory execution will be forced upon them according to the law.

    Article 53 The money lender shall resort to necessary approaches or ways to demand the payment, if the borrower refuses to pay off any funds or expences payable according to the contract, therefore the borrower shall be responsible for all the expences originated from this; any advance money on protecting his own interests offered by the money lender shall demand payment at any time against the borrower, and interests on current deposit shall be calculated from the day on which the money lender has actually paid.

    Article 54 Suppleme