上海浦东发展银行留学贷款合同英文版.doc

SHANGHAI PUDONG DEVELOPMENT BANK

Loan on Studying Abroad (Integrated) Contract

Loan on Studying Abroad (Integrated) Contract of
Shanghai Pudong Development Bank
Contract No： 761107AU0001

Name of borrower: XXX
ID number: xxxxxxxxxxxxxx
Address: xxxxxxxxxxxx

Name of person studying abroad: xxxxx
Passport number: xxxxxxxxx
Institute/School of studying in: xxxxxxxx
Country of studying in: xxxxx

Mortgager:
ID number:
Code of enterprise:
Address:

Pledgor: xxxxxxx
ID number: xxxxxxx
Code of enterprise:
Address: xxxxxxx
Guarantor:
ID number:
Code of enterprise:
Address:

Lender: Shanghai Pudong Development Bank Zhengzhou Branch Huayuan Road Sub-branch
Address: xxxxxxx
In view of the borrower’s applying to the lender for loan on studying abroad, in accordance with the relevant laws and regulations of the People’s Republic of China, based on obeying the fairness doctrine, the following terms of the contract are concluded through the negotiation of various parties concerned, by which are abided.

Article 1 Loan amount, term and use

1.1 The total loan amount under the terms of the contract is RMB (in capital letter) ￥five hundred thousand _ ONLY.
1.2 The t erm of the loan under the terms of the contract is 3 years, predicted from Feb. 1, 2007 to_ Feb. 1, 2010. The actual date of loan offering will be regarded as the actual beginning date of the loan. The accounting documents issued by the lender according to the regulations of business operation shall be taken as the valid vouchers of the owing debt of the borrower.
1.3 The loan under the terms of the contract may only be used as designated. It is not allowed to devest the money to other purpose without authorization.
1.4 The borrower herein empowers the lender, after the withdrawing requirements listed in Article 4 of the contract are all ready, the borrower shall authorize the lender to appropriate the loan capital to the deposit account of the borrower opened in the bank of the lender.
1.5 The above authorization is valid and irrevocable. The above appropriation of the lender is the withdrawal of the borrower. The borrower may not demand again to withdraw the full or part of the loan principal under the terms of the contract.

Article 2 Method of computation and payment of loan interest rate and interest

2.1 The loan interest rate under the terms of the contract shall be performed as the one with the same period and grade, declared by People’s Bank of China. Within the loan term, if legal adjustment of interest rate occurs, as for the loan with the period of less than one year (including one year), the interest shall be calculated in accordance with the interest rate of the contract, and the interest rate shall not be adjusted; As for the loan with the period of more than one year, the interest rate shall be set annually. The annual date of first reimbursement is the date of adjustment of interest rate. In compliance with the legal interest rate, the residual principal of the loan and the remaining number of periods of reimbursement, dated on January 1st of the same year, the monthly amount of repayment of the principal and interest on loan shall be adjusted. The interest rate of the contract on subscription of the loan is 6.30％.
2.2 The loan date of value under the terms of the contract is the date of loan offering. Methods of interest calculation: the calculation methods of full-year, full-month and full-day shall be adopted for loan interest. If full-year, full-month and full-day can’t be reached, the last day at the end of month is the full-day. If the loan term comes to the completion of year, the interest shall be calculated as annual interest rate; if the loan term comes to the completion of month, the interest shall be computed as monthly interest rate; if the loan term covers full year (month) and remnant days, the interest of the part of full year (month) shall be computed as yearly (monthly) interest rate, the interest of the remnant days shall be computed according to the actual number of days. The formula of computation is:
As for the full year and full month: principal × term (number of years or months) ×yearly or monthly interest rate = interest.
As for the full year (month) and remnant days: principal × term (number of years or months) × yearly or monthly interest rate + principal × number of remnant days ×daily interest rate=interest.
2.3 Within the valid term of the contract, on condition that People’s Bank of China or departments empowered to proclaim interest rate, adjust interest rate or adjust the method of interest computation of the loan, the lender shall adjust the interest rate of the contract accordingly.
2.4 As for the loan within one year (including one year) under the terms of the contract, the interest shall be repaid together with the principal. At term, the principal and interest on the loan shall be repaid at a time; the loan with the term of over one year, the monthly reimbursement method shall be adopted.
2.5 The date of starting interest of the loan in this contract is the date of the loan. To pay back and interest is the equal amount of the loan of each period plus interest. The amount of pay back and interest is:
The amount of paying back and interest of each period = the total amount of loan * interest rate +(the total amount of the loan * interest rate) / ( (1+ interest rate)n period - 1)
The date of the loan is not the above date which the borrower just pay interest without the amount of paying back at the first date of paying back after providing the loan. The interest bases 360 days of a year and accounting as the amount of the loan and using days since the date of the loan. After that, paying back and interest as the above formulation.
2.6 If the borrower fails to duly reimburse the payable principal and interest of the loan with the full amount, which causes the overdue loan, the lender has the right to calculate and collect the penal interest according to the relevant regulations of People’s Bank of China.

Article 3 Cost

3.1 Other relevant expenses involved in the process of signing the contract shall be undertaken by the borrower; with the exception of those that shall be assumed by the lender specifically regulated in laws and regulations, or the two parties have the other agreement.
3.2 If the borrower fails to perform the repayment of the principal and interest on loan and the other relevant responsibilities and obligations according to the regulations of the contract, which causes the lender to take the necessary measures of remedy or recourse. The borrower shall assume all the costs created by this.

Article 4 Withdrawing conditions of the borrower

The lender has no liability to provide the loan under the terms of the contract unless the following prerequisites have been satisfied:
4.1 The borrower has provided the lender with the notice of admission issued by the foreign school or the other valid admission certificates and the passport with the well-transacted entry visa for the country where the school locates, of the person studying abroad.
4.2 The subscription of the contract has been notarized with the effect of enforcement by the notarial department.
4.3 If the loan is guaranteed by the method of mortgage, the formalities of registration, notarization and insurance should have been transacted; also the right voucher of the object mortgaged (and the voucher of ownership) provided by relevant registration departments, the original of insurance policy have been handed to the lender for keeping. If the loan is guaranteed by the method of pledge, the object pledged shall have been handed to the lender for keeping.
4.4 When withdrawing, the borrower has well filled in the Loan Note, and has submitted the related documents and material in accordance with the requirement of the lender.
4.5 The establishment of the withdrawing conditions does not represent that the lender has the liability to offer the loan according to this condition. The loan offering of the lender fails to meet the withdrawing conditions, which shall not form the flaw of execution of the contract of the lender.

Article 5 Reimbursement

5.1 15 March and 15 Sep. of each year is the date to pay back since the date of the loan. It will be stopped until the total amount of the loan paying back clearly
5.2 To pay back and interest is the equal amount of the loan of each period plus interest in this contract. The amount of paying back and interest of each period as the interest rate in this contract is _ N/A ONLY.
The date of the loan is not the above date which the borrower just pay interest without the amount of paying back at the first date of paying back after providing the loan. The amount of the interest in the first date of paying back is twenty thousand, thirty seven and fifty cents ONLY. After that, paying back equal amount and interest each period, the amount of paying back and interest of each period as the interest rate in this contract is_ ninety two thousand, seven hundred and fifty eight and fourteen cents ONLY.
5.3 The borrower should debit the enough amount of paying back and interest in the account which the borrower opened in the loaner before the each date of paying back as the contract. The account is ___ xxxxxxx .The borrower authorized the loaner who can take the amount of the loan and interest, and the relevant cost from the account.
5.4 The borrower must pay back the amount of the loan and interest each period without any delay as the contract.
5.5 The borrower should apply in advance if he needs changing the account to paying back in the period of paying back. The new account will be carried out after the loaner agreed and signed the new contract.
5.6 if the account of the paying back can be overdraw, the borrower authorize the loaner can take the amount of paying back and interest in the limit of the amount of overdraw when the amount in the account is not enough to pay the amount of paying back and interest in this period. The overdraw interest should be taken by the borrower.
5.7 The borrower should pay back and interest each period. If the borrower disobeys the contract, the order of the paying back is the interest of punishment, the interest and the loan. The order of taking the loan does not mean the loaner taking the loan as the above order.
5.8 The borrower should get the loaner agreement in advance if the borrower wants to paying back earlier. If the loan does not agree, the borrower should pay back as contract.
5.9 Paying back earlier is the amount of the loan paying back early.
5.10 The loaner should account the amount as the using days and the interest that is based on the loaner received the notice by writing from the borrower if the borrower wants to pay back the total amount once. The total amount of paying back and interest must be paid once.
5.11 The borrower should pay _N/A_% of the amount of the loan which is paid earlier as penalty, if the borrower wants to paying back early.

Article 6 Mortgage guarantee

6.1 In order to guarantee the achievement of creditor’s rights of the lender (namely, the mortgagee), the mortgage guarantee of the loan principal, interest and relevant expenses under the terms of the contract, shall be provided to the lender (namely, the mortgagee), taking the properties, of which the mortgager has the right of disposing, as the object of mortgage.
6.2 The object of mortgage under the terms of the contract is:
Name: N/A
Location:
Quantity (or area):
Current status:
Merit of evaluation:
Ownership belongs to:
Right of use belongs to:
Number of right certificate:
Other proceedings:
6.3 The guarantee scope of mortgage includes the entire due payable but outstanding principal and interest on the loan, penalty, compensation for damage, the principal and interest of credit line of Orient card due to reimbursement and the expenses of achievement of mortgage rights (consisting of the probable court expense, auctioneer’s fee, fee of realization, expense of informing the borrower and the other reasonable costs.) under the terms of the contract. The “becoming due or expiration” named in the contract includes, but no limit to the conditions of (1) the normal maturity regulated in the loan contract (2) each installment stipulated in the loan contract (3) becoming due in advance announced by the lender. The borrower fails to fulfill the obligation of installment according to the stipulation of the loan contract; and loan is declared to become due in advance, which both are regarded as expiration of period for performance of principal debts.
The accounting documents issued by the lender according to the regulations of business operation shall be taken as the valid vouchers of the owing debt of the borrower.
6.4 The guarantee term begins from the day on which the mortgage registration has been well transacted, to the day when the entire principal and interest on the loan and the related expenses under the terms of the contract have been paid off; the holder of Orient card has set the credit line to zero or the guarantee has been provided for overdraft of Orient card by other means, which should have been accepted by the bank of card extending.
6.5 The effectiveness of mortgage rights of the contract, besides the object of mortgage upon itself, still implicates its dependency, dependent right, right of subrogation upon it, attachments and fruits.
6.6 During the period of continued existence of the mortgage, if the mortgager dies, the mortgage rights based on the object of mortgage under the terms of the contract will continue to be effective, the inheritor of the mortgager has no right of pleadings.
6.7 Character of guarantee
As for the object of mortgage, the mortgagee has the first right of compensation acceptance on the first position. The mortgagee needn’t firstly or simultaneously have recourse to the borrower or the other guarantors when he exercises the rights under the terms of the contract. The mortgager shall directly perform his or her guarantee obligation under the terms of the contract as the identity of the first debtor, and give up all rights of pleadings.
6.8 The contract should be notarized with the effect of enforcement by the notarial department, except that the two parties have other agreements.
6.9 Mortgage registration
(1) If the mortgager raises a mortgage on the object that shall be registered pursuant to law, the mortgage party concerned shall transact the registration of the object mortgaged from relevant registration departments. After obtaining the mortgage certificate, the mortgager shall submit the original of mortgage certificate (and the original of property right certificate of mortgage) to the mortgagee for keeping.
(2) If the mortgager raises a mo