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.Personal Credit and Security AgreementCredit Applicant_ No. _Printed in 2009Please NoteIn order to safeguard your interest, please carefully read the following matters before entering into this agreement, 1. You have already have legal general knowledge of applying loanandguaranteefrom the bank;2. You have read all terms of this agreement, and you understand their meanings, and China Merchants Bank has also made on the terms of this agreement to your fully prompt and description.3. You have made sure all information and documents provided are real, legitimate, and efficient.4. You have confirmed that you are entitled to sign the agreement, and the agreement is signed personally by you;5. You have ascertained any conduct of fraud, breach of contract have to bear the corresponding legal responsibility;6. You will be based on honesty and credit principles, voluntarily enter into and perform in accordance with the agreement;7. Please use the pen, writing brush or sign pen neatly fill out the content needed you to fill in;8. In order to improve the efficiency of handling the loan, you are required to sign this agreement before the bank loan approval, the final conclusions of loan and guarantee subject to bank approval;9. If you have any questions about this agreement, you can consult the local China Merchants Bank personal loan handling department.Credit Agreement No. xxxxxxxxxxxxxxxxPersonal Credit and Security AgreementArticle I Special Terms SignedI. Covenant Person1.1 Credit Giver (the Mortgagee): China Merchants Bank Co. Ltd. Address: xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx Legal representative / Person in charge: xxxxxxx Tel: xxxxxxxx 1.2 Credit Applicant: Xxx xxxxx Xxx xxxxx Xxx xxxxx Address: xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx ID Type and No.: ID Card xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxLegal representative / Person in charge: Tel.: xxxxxx 1.3 Mortgagor: Xxx xxxxx Xxx xxxxx Xxx xxxxx Address: XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX ID Type and No.: ID Card xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxLegal representative / Person in charge: Tel.: xxxxxxxxx 1.2 Guarantor: / Address: / ID Type and No.: / / Legal representative / Person in charge: / Tel.: / For clear the parties of their respective rights and obligations, comply with relevant laws, regulations, especially sign this contract through consultation.II. Credit LimitAfter the credit applicants application for the credit, the credit giver agrees to provide a total of RMB ( in words) ￥xxxxxx.00 the whole credit limit to the credit applicant. The credit limit for revolving (one-time or revolving, alternatively) credit limit.The credit giver and the credit applicant under the original signed No. and “ ”s outstanding balance of loan principal and interest, since the effective date of the agreement automatically included under this agreement, directly take up the credit limit under the agreement ( if this section applies, in playingin the;ifthis does not apply,in playingin the).III. Credit PeriodCredit period is 120 months, it start from June 22nd, 2010 to June 22nd, 2020. the credit applicant shall apply for credit from the credit giver during the credit period, and the credit giver will not accept any application made by credit receiver that is over the credit period. Penalty Interest and Compound Interest4.1 Credit applicant fails to use the loan according to the specific agreed purpose of use on the agreement, to the default using part, the credit giver shall have the right to add a daily 100% extra collecting penalty rate on top of the specificexecution contractinterest rate level, until the loan principal and interest repaid up.4.2 Credit applicant fails to repay the loan in full according to the specific terms of the agreement, to the unpaid loan principal, the credit giver shall have the right to add a daily 50% extra collecting penalty rate on top of the specific execution contract interest rate level, until the loan principal and interest repaid up. To the interest failure to pay on time, a daily compound interest will be charged by penalty rate. Loan offering under the credit limitAfter credit applicant has done the credit and loan formalities follow the credit givers relevant rules, credit giver shall deposit the loan into the credit applicants first settlement account. The credit applicant agrees the credit giver deposit the loan according to his authorization into other designated account of the credit applicant. Loan payment under the credit limit6.1 The credit applicant authorizes the credit giver directly deduct loan principal and interest from the first settlement account: xxxxxxx and the second settlement account: _. Specific settlement account is subject to the borrowing IOU.6.2 The credit giver charge _ to the credit applicant for early repayment penalty. Loan Collateral (Can make collateral form separately as the attachment of the agreement)7.1 Name and Location: xxxxxxxxxxxxxxxxxxx.7.2 Construction Area: xxxxxxx 7.3 Purchasing Price: / 7.4 Valuation Price: xxxxxxxxxxxx7.5 Ownership and Number: _. Guarantee period is below (in words) type of _Second_:First, from the date of signing this agreement to the maturity date of each loan plus two years, any of the specific loan extension, the guarantee period extend to after expiry of the extended loan period plus two years.Second, from the date of signing this agreement until the date credit applicant completed the formal mortgage registration with the collateral real estate certificate, and hand in the real estate certificate and the certificate of other rights to the credit givers custody.Third, from the date of signing this agreement until _ . Dispute ResolutionThe dispute occurs during performance of the agreement, both parties shall resolve by consultation. If the consultation fails, below First type (in words) can be chosen to solve the dispute (chose one from the two):First, file a lawsuit to peoples court where credit giver located; orSecond, apply for attribution to _ arbitration committee. Supplementary provisionsof the agreementare as follows:_. This agreement comes into Four copies, they all have the same legal effective. The credit giver, credit applicant and property right department, notary each keeps one copy.Article Terms of Credit12. Usage of Credit Limit12.1 Circulation credit limit is refer to the maximum limit of the sum of principal balance of all types of personal loans and credit that the credit giver provides to the credit applicant according to this agreement during the credit period; One-time credit limit is refer to the credit principal accumulated amount that the credit giver provides to the credit applicant according to this agreement during the credit period, can not exceed the credit limit, non-recyclable, and finish until accumulated amount exhaustion.12.2 For each loan under the credit limit, both parties shall come into specific loan contract, loan application which submitted by credit applicant and confirmed by credit giver, borrowing IOU and /or other certificate (hereafterreferred to as “thespecific contract” ) to be agreed. 12.3 During the credit period, the circulation credit limit can be used by credit applicant in a periodic duty, and one-time credit limit can not be used in a periodic duty. The credit applicant must apply individually, and the credit limit becomes available after credit giver approves and accepts case by case.12.4 The credit giver has the rights to reassess credit applicants personal credit, repayment ability, property status, value of the mortgage property, and guarantors guarantee ability. And entitle to adjust the credit applicants credit limit.12.5 For each loan under the credit limit, the loan term shall be determined based on the credit applicants financial needs and relevant provisions of the credit giver. Under the credit limit the specific business maturity date (including an extended maturity date) can later than credit period maturity date.12.6 For each loan under the credit limit both parties shall consult and determine the loan amount, term, interest rate, interest adjustment method, usage, loan payment method and etc., and shall be agreed in the specific contract.12.7 During the credit period, if 12 consecutive months under a credit not issuing a loan, the credit giver has the right to terminate the credit limit, no longer accept credit applicants application for a loan.13. Interest Rate of Loan under Credit Limit13.1 Interest Rate ConversionUnder this agreement, the interest rate is calculated as follow: monthly interest rate = annual interest rate 360.13.2 Interest Rate Adjustment MethodDuring the credit period, in case of peoples bank of China adjustment of loan interest, the executive interest rates have the following adjustment method: 13.2.1 The Second Phase Adjustment: it refers, in current period of the interest adjustment, the executive rate using the interest rate before adjustment, from next period starts using the interest rates standard after adjustment.13.2.2 Fixed day adjustment: refers to from January 1st of each year, begins the implementation of the latest interest rates standard issued by peoples bank of China, from January 1st segmented calculate interest rate by day.13.2.3 Immediately Adjust. Refers to start using the new interest rates standard on the date when interest rates changed, before and after interest rate adjustment segmented calculate interest rate by day.13.2.4 No Change. Refers to when interest rate changed continually using the contract interest rate standard of each specific contract (only applies to the loan terms not longer than one year). 13.3 During the effective period of this agreement, in case according the peoples bank of Chinas adjustment of calculation standard of interest rate, interest rate adjustment method, interest, penalty interest, and compound interest, the credit giver making changes to the above elements, the credit giver does not need to additionally inform the credit applicant, mortgagor and guarantee. During the effective period of this agreement, the credit giver and credit applicant make changes on loan amount, interest rate, loan term, and repayment method, it does not need to additional notice to the mortgagor and guarantee, the mortgagor and the guarantee is still in accordance with this agreement, undertake the guaranty responsibility of the credit applicants debt. In case the mortgagee and the borrower under consultation reduce the terms of loan agreement, loan interest execution is still based on this agreement.14. Repayment Method under the Credit LimitUnder the credit limit, each loan and interest can be repaid by the following ways, repayment method applied by the credit applicant, and confirmed after credit givers examine and approval.14.1 Repayment Method14.1.1 Same amount repayment: that is the credit applicant equal monthly debt service, monthly principal and interest should be repaid calculated by the following formula:Loan Principal Monthly Rate (1+Monthly Rate)Repayment MonthsMonthlyprincipal and interestshould berepaid = -(1+Monthly Rate) Repayment Months - 114.1.2 Same amount matching the principal: that is the credit applicant equal monthly same amount matching the principal repayment, and repay interest monthly, monthly principal and interest should be repaid calculated by the following formula: Loan PrincipalMonthlyprincipal and interestshould berepaid = - + (Loan Principal Accumulated Principal ) Monthly Rate Repayment Month 114.1.3 Maturity Debt ServicingCredit applicant must one-time repay the loan principal and interest on loan maturity date, loan interest calculated by day, can be a one-time monthly interest settlement or maturity. The specific interest settlement method shall prevail to the credit givers determination.14.2 Deduction Day14.2.1 Use of Same Amount Repayment or Same Amount Matching Principal Repayment:If deduction day is corresponding day of loan payment day ( 29,30,31 issued loan, the deduction day fixed on 28th every month), loan interest settlement monthly, first time loan deduct day deduct current month principal and interest. Last deduction date is the loan maturity day, interest calculate by day, deduct the interest and principal balance from the previous deduction day to the last deduction day.If the deduction day is not the corresponding day of the loan payment day, first time loan deduction interest calculate by day, only deduct the interest from loan issuing date to the first deduction date. After that, loan interest calculate by month, deduct loan principal and interest every month. Last deduction date is the loan maturity day, interest calculate by day, deduct the interest and principal balance from the previous deduction day to the last deduction day.14.2.2 Use of Maturity Debt Service:Every month 21st deduction the loan interest by monthly interest settlement, deduct the interest and principal balance from the previous deduction day to the last deduction day; one-time interest settlement by maturity date, one-time deduct the loan interest and principal balance on loan maturity date.15. Early RepaymentThe credit applicant can apply to repay the mortgage earlier, but shall send a written notice to credit giver and obtain consent 30 days in advance. In case the credit applicant made early repayment, the credit giver make no adjustment regarding the loan interest charged before the credit applicants early repayment, in regards to the earlier repayment loan principal, calculate interest from the previous repayment day to the earlier repayment day. In case the credit applicant made partly earlier loan repayment, monthly repayment amount after earlier loan repayment and the loan period shall recalculated base on surplus loan principal and surplus loan period, but the loan interest will not change due to earlier loan repayment. Earlier loan repayment liquidated damages charged according relevant terms on this agreement no. 6.2.16. Loan Deduction16.1 The credit applicant guaranties on each deduction date (not include the same day of deduction date) deposit enough funds for full payment of debt servicing into the deduction account appointed on this agreement no. 6.1, in the mean time authorize the credit giver deduct the loan principal and interest according the specific contract determined payment method. By normal repayment, the credit applicant agrees the credit giver deduct the payment from the first deduction account appointed on this agreement no. 6.1, then deduct from the second deduction account.16.2 When loan overdue occurs, the credit giver shall have the right directly deduct the amount owed from credit applicants any bank account include the above deduction account, and in accordance with cost, liquidated damages, compound interest, penalty, interest, last loan principal to process the settlement, until all loan principal and interest and all other relate fees has been full paid off. Principal and interest arrears over 90 days, and the loan repayment method is maturity debt service, the repayment sequence is loan principal, cost, liquidated damages, compound interest, penalty and interest.16.3 Due to the interest rate changing, earlier repayment, extension of the loan period and other reasons caused changing of the loan principal and interest under the credit limit, according the above authorization the credit giver still can directly handle funds deduction accordantly after change.17. Rights and Obligation of the Credit Applicant17.1 The credit applicant enjoys below rights:17.1.1 Has the rights apply to the credit giver using credit limit according terms of this agreement.17.1.2 After obtained the written consent of the credit giver has the rights to transfer the debt to third person.17.2 The credit applicant undertakes below responsibilities:17.2.1 Shall truthfully provide the file information required by the credit giver, and all bank, account number and deposit and loan balances information, and cooperate with the investigation, review and inspection.17.2.2 Shall accept the supervision of using of credit funds and personal financial situation.17.2.3 Shall repay the loan principal and interest in full amount on time according to the agreement of the specific contracts, borrowing IOU and relevant certificate.17.2.4 Insure the documents provided to the credit giver are true, accurate, complete and effective, and do not contain significant error inconsistent with the fact, omissions on significant facts. 17.2.5 Must use the loan according the loan purpose of use agreed in each specific contract. Guarantee not to use the loan under this agreement in illegal activities with violation of national laws and regulations, not to use to invest in stock, futures, bonds and other fields national regulators banned access of the bank loan, and not to use to register enterprise and equity investment such as share investment.18. Rights and Obligation of the Credit Giver18.1 The credit giver enjoys below rights:18.1.1 Has the right to know the credit applicants personal credit status and economic conditions, and require the credit applicant to provide relevant material of using credit limit.18.1.2 Has the right to supervise the credit applicant using the loan follow this agreement and each specific contracts agreed using purpose.18.1.3 In case the credit applicant fail to perform obligations under this agreement / or each specific contract, credit giver has the right to stop providing the loan under the credit limit unused by credit applicant, and require the credit applicant early return issued loans under credit limit.18.1.4 In case the credit applicant happen disability, unemployed, moving, marriage change, job change, collateral derogatory, etc., and credit giver independent make personal judgment that it may adversely affect the credit givers right, the credit giver has the right to stop providing unissued loans under the credit limit, and require the credit applicant immediately pay off l
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