北京市住房贷款担保中心抵押(反担保)合同

Beijing Housing Loan Guaranty Center

Mortgage (Counter-Guaranty) Contract

No.: _________

Special Note

This is a standard contract made by Beijing Housing Loan Guaranty Center to facilitate mortgager (counter-guarantor) and guarantor.

Rights and obligations of concerning parties are made based on principle of fairness.

Before signing the contract, contractual parties, especially mortgager (counter-guarantor), shall carefully read articles on related obligations and breach liabilities herein, and ask for explanation if there is anything unclear. If you consent with all articles, please sign your name to confirm and promise to fulfill your obligations as agreed herein.

Mortgager (Counter-guarantor):

A: ZHOU, Tianmin (Signed by XIAO, Qing on behalf)

B: XIAO, Qing (Signed)

Guarantor: Beijing Housing Loan Guaranty Center

YMD

Mortgager A: ZHOU, Tianmin I.D. 420106************

Company: China Road & Bridge Corp. No. 1 Road Bureau P.O. 100024

Add.: 35-2-201, No. 23, South Zizhuyuan Road, Haidian Dis. P.O. 100044

Home Tel.: 68485599 Company Tel.: 64285685 Cell Phone: 133******** Mortgager B: XIAO, Qing I.D. 110108************

Company: Licheng Jiaye Trade Development Co., Ltd.P.O. 100024

Add.: 35-2-201, No. 23, South Zizhuyuan Road, Haidian Dis. P.O. 100044

Home Tel.: 68485599 Company Tel.: 80994411 Cell Phone: 133********

Mortgager: Mortgager A and B (hereinafter as Party A)

Mortgagee: Beijing Housing Loan Guaranty Center (hereinafter as Party B)

Add.: 7-8/F, West Tower, Splendid Time Building, West Beisihuan Road, Haidian District, Beijing Tel.: 62695566 P.O. 100080

To protect guarantor, i.e. Party B’s legal rights in Beijing Housing Fund Management Center Loan Contract No. _____________ (hereinafter as “the loan contract”), through friendly negotiation, both parties agree to reach following agreements on Party A’s mortgage of house at No. 60201, 2/F, Building 12, Runfeng, Shuishangyuan, Chaoyang District:

Article 1 Party A agree to mortgage the following estate:

Location: No. 60201, 2/F, Building 12, Runfeng, Shuishangyuan, Chaoyang District

Construction Area: 119.53m2, Interior Area: 93.78m2

Owner:

Ownership Certificate No.:

Contract No.: Y281205

Appraised Value (in words): Eight Hundred Thirty-Six Thousand Seven Hundred Yuan only Down Payment (in words): Four Hundred Forty-Three Thousand Seven Hundred and Sixty-Two Yuan

Article 2 If the mortgaged house is jointly-owned, co-owner’s statement shall be made appendix of this contract.

Article 3 Scope of Mortgage Guaranty

(1)All guarantee responsibilities undertaken by Party B owing to borrower’s breach of

contract, including loan principal, interest and penalty;

(2)Default compensation incurred in overdue repayment period owing to Party B’s recovery

of fees against borrower;

(3)Fees incurred when realizing hypothec, including sales fee, drawing fee, auction fee,

taxes, handling fee, litigation fee, arbitration fee, execution fee, legal fee, etc.

Article 4 Party B’s guaranty period starts from the day the loan contract comes into effect, and lasts 6 months after the expiry of debt repaying period.

Article 5 When this contract is signed, Party A shall sign power of attorney to entrust Party B handling registration of mortgaged house on behalf, and submit all necessary documents.

Article 6 If Party B handles registration of mortgaged house on behalf of Party A, such procedures shall be handled in 1 month at registration department upon receipt of all necessary documents.

Article 7 During the period of handling registration, Party B shall well keep documents provided by Party A. If such documents are damaged or lost owing to Party B’s fault, re-issuance shall be made with expenses borne by Party B. If such damage or lost causes economic loss to Party A, Party B shall make compensation.

Article 8 During the hypothec existence period, Party A shall guarantee intactness of mortgaged house and accept Party B’s examination at any time.

Article 9 During the hypothec existence period, if Party A’s action decreases the value of mortgaged house, Party B has right to stop such action and ask Party A to restore its value or provide collateral with value equivalent to decreased value. If such requirement of Party B is rejected, Party B has right to exercise hypothec in advance.

Article 10 During the hypothec existence period, Party A shall notice Party B and inform transferee of the fact of mortgage if the house is transferred. With Party B’s permission, Party A may transfer the house with proceeds used to settle creditor’s rights it secured or handled deposit at Beijing Notary Office. If such proceeds are deposited, related fees shall be borne by Party A.

Article 11 Party A shall notice Party B in time if the mortgaged house is listed into demolishing scope by government. If Party A fails to provide new collateral as required by Party B, Party B has right to ask Party A settle creditor’s rights with proceeds of demolishing compensation, or handle deposit at Beijing Notary Office. If such proceeds are deposited, related fees shall be borne by Party A.

Article 12 If Party B has to undertake guaranty responsibility owing to any of following situations, Party B has right to dispose the mortgaged house as agreed herein, except that the borrower is unable to continue debt repaying obligations for being dead or disabled owing to help others, or being recognized as martyr be related government.

(1)Borrower fails to repay loan principal and interest as agreed in loan contract for 3 months

consecutively (inclusive);

(2)Borrower loses civil conduct ability without legal custodian in debt repaying period;

(3)Borrower’s inheritor, legatee or legal custodian refuse to fulfill loan contract;

(4)Other situations specified in guaranty contract.

Article 13 If Party has to undertake guaranty responsibility owing to borrower’s default, Party B has right to take following means to dispose the mortgaged house:

(1)Entrust auction office to sell the house;

(2)Transfer the house to Party B or others after discounted based on market price;

(3)Sell the house based on market price;

(4)Realize hypothec through litigation or arbitration.

Article 14 Proceeds from house disposal shall be used to settle fees based on following order:

(1)Taxes payable incurred in house disposal;

(2)Pay expenses specified in Item 3, Article 3, to realize hypothec;

(3)Repay loan principal, interest and penalty Party B paid to loaner;

(4)Repay default find Party B paid on behalf of Party A;

(5)The rest of proceeds shall be returned to Party A.

Article 15 If borrower use pre-sale house as collateral and refuses to perform loan contract, which causes Party B’s undertaking of all guaranty responsibilities, Party B may exercise buyer’s rights in pre-sale contract in subrogation.

Article 16 Default fine incurred when Party B cancels pre-sale contract in subrogation, shall be directly deducted from borrower’s down payment. The rest of down payment shall be used to compensate Party B.

Article 17 If Party B does not exercise subrogation rights, it may recover guaranty responsibility and related loss against borrower.

Article 18 This contract comes into effect from the day the collateral is registered. If pre-sale building is mortgaged, such pre-sale house shall be used as collateral.

Article 19 Any disputes incurred in contract performance shall be solved through negotiation. If failed, any party has right to lodge suit at people’s court.

Article 20 This contract is made 4 copies with same legal force.