中国银行留学贷款合同翻译.doc

Bank of China--- Loan Contract of Financial Aid on Education

Notes
To maintain your interest, please read following notice carefully before you sign this contract:
1. You have acquired a general knowledge in bank loan and guaranty;
2. You have read all items of this contract and know very well of its meaning;
3. You have insured that all the certificates and materials you submitted to the bank are authentic, legal and valid;
4. You have confirmed that you have the right to sign on this contract;
5. You have firmly known the legal results you should assume for any fraud conduct or break contract;
6. You would in line with the principle of faithfulness and credit to sign and comply with this contract basing on a well intention;
7. Please use a fountain pen, brush pen or a sign pen to fill all the required contents neatly.
If you have any uncertainty about this contract, you may consult any Bank of China’s branch institution.

Bank of China--- Loan Contract of Financial Aid on Education
Contract code: Year 2009 Zi. 49146002009030 No.

Borrower name: Cen Deyu
Company: Yunnan Jili Science and Technology Co., Ltd
Address: Qingshuiwan 12 # Yangguang Hai’an Kunming
ID No.:520102196210204210
Tel: [phone]
Open Account Finance Institute and Account No.: 914666020591187

Credit: Bank of China, Yunnan Sub-branch
Statutory address: No. 515, Beijing Road, Kunming City.
Legal representative: Du Huiyun
Tel: [phone]

Party A applies Party B for a loan contract of financial aid on education; Party B agrees to provide a loan basing on an investigation. To maintain both parties’ interests, and identify both parties’ rights and obligations, Party A and Party B should in accordance with regulations, sign this contract basing on negotiation and comply with the contract for implementing.

Chapter One Loan
Item 1. Loan currency and amount
(1) Loan currency:______RMB___________.
(2) Loan amount:____600,000____.

Item 2. Loan term
The loan term is for _36_month, from October 19 2009 to October 19 2012

Item 3. Loan interest and calculation method
The annual loan interest is _4.5_%. Loan interest is calculated according to the real applied loan amount and term. In the term of this contract, if there is any interest rate or interest calculation change occurred, the loan is carry out through People’s Bank of China’s correlative regulations, Party B does not notify Party A anymore.

Item 4. Loan purpose
The loan can only be applied to the tuition fee and living cost of Cen Shuangli’s study abroad.

Item 5
The debts defined in this contract means the total amount of capital that Party A should repay including capital, interest, fee and penalties.
Item 6 Drawing ways
The drawing way of borrower is Party B transfers loan to Party A’s savings account, which opened in Party B’s account: 914666020591187

Item 7. Repayment ways
The repayment way in this contract applies No.:___4___(choose)
1. Repay an equal amount monthly. Starting from the next month when Party A borrow the loan, Party A repay a loan interest of ____ _____months in total, and the repayment date for each month is____.
2. One-off repayment. Repay all the capital and interest one-off when the loan is at term.

Item 8. Repayment in advance
In term of loan, Party A can apply to repay part of or total of the loan in advance, but it should submit a application 10 days before the repayment day and this is under Party B’s agreement. Party B can take one-month interest from Party A as compensation. The in advance repayment, which had been approved by Party B, Party A could not ask for use anymore. Repayment in advance is still implemented on an interest rate of original rate.

Chapter Two Guaranty

Item 9. Guaranty Scope
This contract’s guaranty scope covers all borrower repayable loan items, including loan capital, interest, pecuniary interest, and legal cost and retaining fee for creditor’s rights.

Item 10. Guaranty ways
Party A applies No.__2__(choose) as guaranty way, and provides all debts as agreed in Item 9, borrower doesn’t fulfill the agreed repayment obligation for any reason, Party B has the right to take back debts through recourse and guaranty disposition.
1. Party A setups mortgage on following assets:
Mortgage Asset List

Mortgage Name
Property Certificate and Code
Property Owner
Specification
Location
Value
Remark

2. Party A setups collateral security on following deposit receipt and national debt:

Collateral Security Asset List

Collateral Security Asset Name
Owner
Currency
Denomination
Term
Account
Remark
Deposit receipt
Mi Xiaobo
RMB
CNY 630,000
36 months
9146660011100577589

3. Party A insures a repayment guaranty in __________ Insurance Company, with an insurance target of _____, and an insurance term of ______. Party A repays insurance fee.

Item 11. Guaranty term
The guaranty term begins as the contract take effect and ends as all debts have been paid.

Item 12. Guaranty registration
Party A, who has applied the guaranty way, should check-in at related department as regulation. In guaranty term, real right of the mortgage warrant is hold by Party B.

Item 13. Collateral security asset congeal
Party A, who has applied the collateral security way, Party B congeals the collateral security asset in loan term. Party A could not report the loss and draw in advance of collateral security asset.

Item 14. Loan term
Without Party B’ written agreement, Party A could not sale, donate, transfer and overlap mortgage or dispose the mortgage asset and collateral security asset in any other ways under this contract. Any loss results in these situations; Party A assumes sole responsibility.

Item 15. Loan term
Whatever cause the deduction of mortgage value that result in an inadequate guaranty of all debts, Party A should complement adequate guaranty to Party B within 30 days.

Chapter Three Rights and Obligations
Item 16. Party A and Party B’ major rights and obligations
1. Party A has the right to ask Party B to provide a loan according to contract;
2. Party A should repay all capital and interest according to the contracted repayment plan and repayment term;
3. Party A should use the loan according to contract, and should not embezzle the loan for other use;
4. Party A should guarantee the authenticity, legality and validity of all materials provided to Party B;
5. If Party A has any serious situation, which may affect the repayment, such as leave, suspend and transfer school or be dismissed, Party A should notify Party B within 1 month;
6. Party A should initiatively notify Party B its direction and contact information within 1 month after its graduation;
7. Party B has the right to check and supervise the use situation of Party A’s loan;
8. Party B has the right to directly draw the loan capital and interest from Party A’s deposit account according to the capital and interest repayment plan;
9. Party B should provide loan and take interest according to contracted time, amount and interest rate;

Item 17. Break contract responsibility
1. In term of this contract, if Party A happens any situation as follows, it compose a break loan contract:
(1). Party A applies a one-off repayment way, but does not repay the loan capital and interest in adequate when the loan is at term according to contract; Party A applies a repay equal an amount monthly way, but does not repay the exactly amount in time for a consecutive of 3 months or a accumulative total of 6 months.
(2). Party A does not use the loan in line with the contract;
(3). Party A provides false certificate materials;
(4) Party A does not notify Party B serious situations, which may affect the repayment, such as leave, suspend, transfer school or be dismissed and direction and contact information after graduation;
(5) Party A refuse or obstruct Party B’s check and supervision of loan usage;
(6) Party A conduct vicious deeds, which may affect its repayment ability, and lack of repayment sincerity;
2. Party B doesn’t provide loan or take interest according to this contract composing a break of contract.

Item 18. Break contract disposal
1. In allusion to Party A’s break contract deed, Party B can apply one or several following measures:
(1). Require a rectification of the break contract deed in term;
(2) Take in a pecuniary interest according to People’s Bank of China regulations;
(3) Suspend loan that has not been provided;
(4) Withdraw undue loan in advance;
(5) Dispose mortgage asset;
(6) Claim for an insurance compensation.
2. Party A’s any loss result from Party B’s unable to provide loan on time, Party B should assume corresponding compensate responsibility.
Chapter Four Supplementary Items

Item 19. Contract modification and canceling
As this contract take into effect, Party A and Party B could not modify or cancel this contract without permission. Any party asks for a modification or canceling of the contract should notify another party 1 month in advance in written form. Before both parties reach an agreement on the modified or canceled contract, original contract is still in valid. Any modification or supplement is an indispensable part of this contract, and has the same force effect as this contract.

Item 20. Fee
Borrower, excluding other fees stated by law, pays fees related to this contract, such as mortgage registration, insurance and notarization fee.

Item 21. Ways resolving contract conflict
Conflicts in course of Party A and Party B implementing this contract can be resolved through negotiation. In case of irresolvable, both parties could prosecute to the local court, where Party B located.

Item 22. Other items agreed by both parties

Item 23. Above all items of this contract are under Party A and Party B’ fully negotiation and contracted; it represents both parties’ real intention, and should be implemented strictly as agreements.

Item 24. The unstated items of this contract are carried out according to P. R. C’s corresponding law, regulation and financial articles.

Item 25. This contract comes into effect as Party A and Party B signed and sealed, and terminate as all loan has been paid.

Item 26. There are two original forms of this contract; Party A and Party B hold one of the originals and two copies respectively.
Party A: (with signature and seal) Mi Xiaobo
Party B: (with seal) Du Huiyun
Legal representative: (with signature)
Sealed by Contract Special Stamp of Bank of China Co.Ltd. Yunnan Sub-branch
Signed date: November 11 2008

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