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EXHIBIT 10.51
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MORTGAGE AGREEMENT
The Mortgage Agreement (No 43000002) can only be activated legally if:-
MyWeb Network Systems (Beijing) Co., Ltd. agrees to mortgage their property and
China Construction Bank agrees to accept the mortgage from MyWeb.
Terms and Conditions
1. MyWeb Network Systems (Beijing) Co., Ltd. must mortgage the property to
China Construction Bank (Beijing) for the purpose of getting the loan.
2. The amount of the loan is RMB3,000,000 and the term of the loan is from
19/1/2000 to 13/1/2001
3. MyWeb must have legal ownership title or operation management of the
mortgage property.
4. MyWeb must pass all the mortgage property to China Construction Bank
(Beijing) on 19/1/2000
5. Scope of mortgage: principal and interest, compensation and fine,
mortgage property keeping fee and any other expenses which may arise
when the creditor dispose of the mortgage property due to debtor's
failure of executing the loan agreement.
6. This is a separate and independent agreement and the
invalidation/termination of the loan agreement has no effect on this
agreement.
7. All the necessary expenses such as insurance, transportation fees etc.
shall be paid by MyWeb
8. Before this mortgage agreement expires, if China Bank make any losses
on their (MyWeb's) property, China Bank shall:-
1. Compensate all the losses once MyWeb repays the full amount of
the loan.
2. The lender can avoid their responsibility for full or partial
compensation if the borrower is unable to repay the full
amount of the loan.
9. The lender shall always be the beneficiary of the mortgage property and
the lender must have an original copy of this agreement.
10. If the value of the mortgaged property decreases due to certain
circumstances which are covered by insurance, compensation will be
given but this amount of money will be credited to the Lender's account
and must not be utilized until the mortgage period has expired.
11. If the value of the mortgaged property decreases and the Creditor does
not take any responsibility for such decreases, the Debtor shall credit
an equal amount of property to the Lender's account within thirty days.
12. Borrower must be liable for any losses arising from their mortgage
property which pollutes/affects the environment.
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13. Borrower is not allowed to rent out, change owners or re-mortgage this
property to other parties unless authority has been given (such as
legal document).
14. Once authority has been obtained from the lender, the borrower must
transfer all the money to the lender after selling their mortgage
property.
15. If the borrower is unable to repay the full amount of their loan upon
the maturity date of this agreement, the lender has the right to sell
off the mortgage property.
16. If the situation above occurs, the lender has the right to stop
releasing the balance of the loan to the borrower. Furthermore, the
lender can minimize their losses by selling off existing mortgage
property under the conditions below:-
(1) borrower has been declared bankrupt;
(2) borrower has breach clauses no 9,11,13 and 14;
(3) borrower has been declared bankrupt, is sued in court, has not
followed exactly the loan usage in contract or some
circumstance that affect to payback ability.
17. The Debtor shall pay 2% of principal as compensation, if any economic
loss arise due to the Debtor disguising the exact situation of the
mortgaged property (such as already being shared, disputed,
sequestered, detained or mortgaged). If the compensation amount is
unable to cover the loss, the Debtor should pay for the uncovered
portion of the loss. The Creditor could offset directly with capital
from the Debtor's accounts.
18. if the lender has to sell off the mortgage property, the fund
allocation and payment must be made with the following condition,
(1) fund must deduct all the selling expenses first
(2) payback loan interest
(3) payback loan, compensate and fine from breaching the contract
(4) pay for other expenses
19. The Creditor can directly sell the deposit received in order to
implement its right in the event the Debtor is unable to perform the
contract.
20. If both parties cannot come to an agreement, these problems shall be
resolved by bringing the case to court.
21. This agreement is only certified legal once the Borrower has signed
this agreement and transferred the mortgage property to the Lender.
22. This agreement shall be signed and stamped by both Parties.
23. There are two original copies of this agreement and each party is to
keep an original copy.
Signature Signed Signature Signed
Stamped MYWEB NETWORK SYSTEM STAMPED CHINA CONSTRUCTION BANK BEIJING
(BEIJING) CO. LTD. BRANCH QIANMEN SUB-BRANCH
Date 18 February 2000 Date 19 January 2000
