Maximum Amount Mortgage Agreement
Exhibit
10.41
Maximum
Amount Mortgage Agreement
No:
13108109Z022-03
The
Parties:
Guarantee/Creditor (Party A):
Anyang Branch,
Guangdong Development Bank
Address: Xiduan , Renmin Street,
Anyang
Legal
Representative/Responsible Person: Xxxx
Xxxxxxx Title: President
Tel:
0000-0000000 Fax:
0000-0000000 Postal
Code:
455000
Mortgagor (Party B):Henan Shuncheng Group Coal
Coke Co., Ltd
Address:
Qugou Town, Anyang
County
Legal
Representative/Responsible Person: Wang Xinshun Title:
Chairman of the
Board
Business
License NO.: 410522110001012
ID NO.
(For natural person) _/____
Tel:
0000-0000000 Fax:
0000-0000000 Postal
Code: 455141
Opening
Bank:
Basic
Account/Settlement Account: Zhongzhou branch,
Construction Bank of China.
Account
No.:
General
Account/Savings Account: (1) / Account
No. /
(2)
/ Account
No. /
Signed
at Anyang,
Henan
Whereas
Party B voluntarily provide mortgage to Party A for the fulfilment of the debt
under the Principal Agreement as stated in Article 1 hereinafter, the parties
hereto enter into this Agreement through equal negotiation, the terms hereof
shall be interpreted in accordance with the Principal Agreement, unless
otherwise specified.
Article
1 Principal
Agreement
The
Principal Agreement of which this agreement guaranteed, refers to the
definition A
:
A.
|
The
General Credit Limit Agreement, dated in 6 July 2009,
numbered 13108109Z022,
reached in by and between Party A and Henan Shuncheng Group
Coal Coke Co., Ltd (the Debtor)and its amendments or supplementary
agreements (including but not limited to Extension Agreement. Single
agreements thereof shall also be involved in the Principal Agreement if
any.)
|
B.
|
A
series of Agreements and their amendments or supplements (including but
not limited to extension agreements) signed by Party A and ______/_____
(hereinafter referred to as the “Debtor”) from / (date) to / (date) .
|
C.
|
In
accordance with the consensus reached by the parties hereof, Principal
(currency: / )
under the Loan Agreement with Agreement number of / ,
by and between Party A and / (the
“Debtor”), effective before effective date hereof, shall be within the
scope of credit guaranteed by this
Agreement.
|
Article
2 Maximum
Amount Guaranteed
2.1
|
The
Maximum Amount of loan principal guaranteed by this
Agreement:
|
Currency:
RMB
SIXTY MILLION YUAN
ONLY
RMB
60,000,000.00
2.2
|
The
amount and expenses defined in Article
5.
|
The
Maximum Amount of Credit covered by this Agreement shall be the sum of the
amounts specified in the above two clauses.
Article
3 Mortgage
Property
3.1
|
The
mortgage property provided by Party B refers to List of Mortgage Property
for details.
|
3.2
|
The
right to mortgage hereof and the List of Mortgage Property covers the
mortgage property’s fruits, accessory objects, accessory rights,
appurtenances, accreted objects, annexed objects, mixtures, processed
objects and etc.
|
3.3
|
The
right to mortgage hereof and the mortgage property’s substitution objects,
includes but not limited to the compensation for insurance, compensation
for general damages, compensation for national expropriation and
requisition, wreckage of damaging the mortgage property, proceeds of
selling the mortgage property.
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3.4
|
Party
B who mortgages the house ownership shall mortgage the corresponding land
use right simultaneously. If the land use right is mortgaged, the house
and fixture located on this land shall be mortgaged simultaneously. Party
B further undertakes that the mortgage hereof will be applicable the
new-built house and newly increased fixtures on this land in the mortgage
period hereof and the related registration procedures will be
proceeded.
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3.5
|
Where
Party B mortgages the existing and ulterior production facilities, raw and
processed materials, semi-manufactures and productions, and if the debtor
fails to perform the due debt or the conditions realizing the right to
mortgage hereof occur, Party A is entitled to take priority to get paid as
of the chattel when realizing the right to
mortgage.
|
3.6
|
The
stipulation to the value of the mortgage property in the List of Mortgage
Property shall not be deemed as the evaluating basis of disposing the
mortgage property by Party A in accordance with this Agreement, and not
constitute any limitation of performing the right to mortgage by Party
A.
|
Article
4 Enforcement
Term of the Right to Mortgage
After
occurrence of the guaranty liability, Party A shall enforce the right to
mortgage upon the mortgage property for realization of the whole or partial,
more or single matured principal credit in accordance with the provisions
related to the right to mortgage in laws and regulations.
In
respect of each principal credit, Party A shall enforce the right to mortgage
during the limitation of action; if any principal credit is liquidated by
instalments, Party A shall enforce the right to mortgage before expiry date of
the limitation of action for the last instalment.
Article
5 Scope
of Guaranty
The scope
of guaranty includes the principal, interest, default interest, compound
interest, penalty, compensation for damage, expense of disposing the guaranteed
property, expenses for realization of the creditor’s right and the right to
mortgage (including without limitation the litigation fee, arbitration fee,
attorney fee, travel expense, execution expense, security expense, evaluation
expense, auction or sale expense, transfer expense, announcement expense) and
other due expenses.
Article
6 Registration
of the Mortgage Property
6.1
|
Where
laws and regulations provide or the parties agree that mortgage
registration is necessary, the parties shall register the mortgage hereof
with competent property registration
authority.
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6.2
|
Where
the registration matters change and the registration of modification is
needed legally, the parties shall deal with the registration modification
procedures with competent property registration authority within five (5)
days after the matters change.
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6.3
|
In
accordance with this Agreement, the mortgage property’s fruits, newly
added accessory objects, accessory rights, appurtenances, accreted
objects, annexed objects, mixtures shall turn into the mortgage property
hereof naturally; if the relevant authority requests parties to deal with
the registration of mortgage property, the parties shall deal with the
registration of mortgage property with competent property registration
authority promptly after the aforesaid matters
occur.
|
Article
7 Possession,
Use and Storage of Mortgage Property
7.1
|
The
mortgage property hereof is possessed and stored by Party B, but the
mortgage property’s certificates of right, certificates of other rights,
originals of the mortgage registration documents shall be managed by Party
A. Party B agrees to accept at any time and coordinate effectively with
Party A and its appointed institution and individuals to check the
mortgage property.
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7.2
|
Party
B shall inform Party A initiatively and promptly of the mortgage
property’s conditions of management, use and change of value. In case
natural loss or the behaviour of Party B is sufficient to decrease the
property value of mortgage property, Party A is entitled to request Party
B to stop its behaviour and restore the value of mortgage property or
provide for new guaranty approved by Party A in five (5) working days.
Otherwise Party A is entitled to dispose the mortgage property in
advance.
|
The
conditions, that are sufficient to jeopardize rights of Party A resulting from
the mortgage property’s natural loss or apparent reduction of value, refer to
the following conditions:
1. The
mortgage rate exceeds fifty percent
(50%);
2. /
7.3
|
Party
B shall store and maintain the mortgage property appropriately, and take
effective measures to ensure the safety and completeness; if the mortgage
property needs to be repaired, Party B shall take measures promptly and
bear expenses thereform, if the mortgage property is damaged or lost,
Party B shall inform Party A promptly and take immediate measures to avoid
the enlargement of loss, and at the same time show to Party A the
certificate regarding reasons for being damaged and lost issued by
authorized institution.
|
Article
8 Insurance
(This
article is optional, choose
1: 1.applicable 2.unappliable)
8.1
|
If
Party A consider that the mortgage property needs to be covered with
insurance, Party B shall arrange insurance for the mortgage property with
the insurance company accepted by Party A, in accordance with the
insurance type determined by Party A. Party A may inform Party B in
written or oral form, and Party B shall arrange a continuous and full
property insurance in accordance with the amount no less than the mortgage
property’s latest evaluating value or the principal and interest of
Principal Agreement within five (5) working days after getting the inform,
and all the insurance expenses are paid by Party B. The insurance term
shall not less than the performance term of the Principal Agreement. The
original of insurance documents shall be delivered to Party
A.
|
8.2
|
Party
B shall note in the insurance policy that Party A is the insurant and/or
primary beneficiary. Where Party B has arranged property insurance prior
to this Agreement, Party B shall request the insurance company to issue an
endorsement which illustrates that Party A is changed as the insurant. The
insurance policy shall not have any provisions limiting the right of Party
A.
|
8.3
|
If
Party B fails to arrange the continuous and full property insurance, Party
A is entitled to arrange insurance in accordance with this clause and the
resulting loss of all expenses shall be borne by Party
B.
|
8.4
|
During
this Agreement’s period of validity, Party B shall not intermit,
terminate, amend or modify the insurance document, and take all reasonable
and necessary measures to make sure the validity of the insurance hereof.
If Party B fails to arrange the insurance or breaks the aforesaid
agreement, Party A is entitled to determine to arrange the insurance or
continue to arrange the insurance for mortgage property, and all expenses
are borne by Party B.
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8.5
|
During
this Agreement’s period of validity, if any insurance accident happens to
the mortgage property, Party A is entitled to the right of claim of
subrogation. The full compensation of insurance shall be liquidated to
Party A in advance or be deposited by relevant institution as the
subrogation of the mortgage property, or be used to restore the value of
the mortgage property as agreed by Party
A.
|
Article
9 Achievement
of Right to Mortgage
9.1
|
If
the debtor fails to repay the due debt or the conditions realizing the
right to mortgage agreed by the parties hereof occur, Party A shall
consult with the mortgagor to convert the mortgage property into money or
get paid out of the proceeds from auction or sale of the mortgage
property. The price of the mortgage converted into money or sold is in
accordance with the market price. The proceeds of disposing the mortgage
property shall first be used to pay expenses arising from disposition of
the mortgage property and expenses payable by the debtor to the Creditor,
and then used to liquidate the loan
hereof.
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9.2
|
In
the period of guaranty, the insurance expense, damages or compensation
obtained from the damage, loss or expropriation of the mortgage property
shall be used to liquidate the guaranteed credit in advance or deposited
with the third party accepted by Party
A.
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9.3
|
If
the performance term of debt expires and the mortgage property is sealed
up or distrained by the people’s court due to the Debtor fails to repay
the debt duly, Party A is entitled to receive the natural or legal fruits
of the mortgage property from the date of sealing up or distraining; and
the natural or legal fruits shall first be used to make up for the expense
of receiving fruits and the rest shall be used to liquidate the guaranteed
claim in advance or deposited with the third party recognized by Party
A.
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9.4
|
Party
A is entitled to dispose the mortgage property in advance and take
priority to get paid out of the obtained proceeds if one of the following
conditions occurs:
|
1.
|
Terminate
the Principal Agreement in accordance with the Principal Agreement or laws
and regulations;
|
2.
|
Perform
the debt in advance in accordance with other conditions of the Principal
Agreement.
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9.5
|
If
the guaranteed creditor’s right includes both the guaranty of in rem and
individual, and the debtor fails to perform the due debt or the conditions
realizing the real right of guaranty agreed by the parities hereof, Party
A is entitled to choose achieving the claims in respect of the guaranty in
rem or requesting the assurer to take the guaranty
responsibility.
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9.6
|
If
the Creditor waives the mortgage upon a real right, priority for mortgage
right or modifies the mortgage upon a real right, other guarantors
undertakes to continue to take the responsibility of
guaranty.
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Article
10 Statements
and Promises
Party B
represents and warrants as follows:
10.1
|
Party
B registers and exists legally, and possesses the complete capacity for
civil rights and capacity for act, and is entitled to the legal ownership
or right of disposition of the
guaranty.
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10.2
|
Party
B ensures that there is no other co-owner, or it has co-owners but Party B
has obtained all the co-owners’ written consents. Party B warrants that
the written consents will be delivered to Party A for custody before
signing this Agreement.
|
10.3
|
Party
B understands the content of the Principal Agreement completely, and signs
and performances this Agreement based on its real intent, and it has got
the legal and valid authority in accordance with the request of the
company’s articles or other inside management
documents.
|
Party B,
who is a third party and a company, provides for this mortgage which has been
passed by the resolution of the board of directors, board of shareholders or the
shareholders’ meetings in accordance with the regulations of the article of
company; if the article of company regulates the total amount of guarantee and
the amount of individual guarantee, the guaranty herein shall not exceed the
regulated limitation.
Signing
and performing this Agreement shall not breach any contracts, agreements
and other legal documents which are binding on Party B, who has
or will obtain all the approvals, permissions, records or registrations required
by set this guaranty.
10.4
|
All
the documents and information provided by Party B to Party A are all
accurate, real, complete and in
effect.
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10.5
|
Party
B does not conceal any real right of guaranty existed on the mortgage
property till the date of signing this Agreement from Party
A.
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10.6
|
If
a new real right of guaranty is set on the mortgage property, the guaranty
is sealed up or involved in significant litigation or arbitration cases,
Party B shall inform Party A
promptly.
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10.7
|
If
the mortgage property is the construction in progress, Party B promises
that there is no priority of compensation for benefit of a third person;
if there is, Party B promises to cause the third person to issue a written
waiver statement as of the priority of compensation and then deliver it to
Party A.
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Article
11 Culpa
In Contrahendo
After
this Agreement is concluded, due to Party B refuses or delays to deal with the
mortgage registration or other reasons of Party B, this Agreement cannot be in
effect and the right to mortgage cannot be set validly, which constitutes Culpa
In Contrahendo. Party B shall reimburse any loss or damage Party A suffers
resulting from such invalidity.
Article
12 Disclosure
of the Inner Related Parties of Party B And Related
Transaction
The
parties hereto agree to adopt Article 12.1
hereunder:
12.1
|
Party
B isn’t the group customer determined by Party A according to Guidelines of Commercial Bank
to the Risk Management of Granting Credit to the Group Client,(
‘Guidelines’ for
short);
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12.2
|
Party
B is the group client determined by Party A according to the Guidelines.
Party B shall report to Party A the related transaction with an mount more
than 10% of its net asset in a timely manner according to Article 17 of
Guidelines, including the relation among transaction parties, transaction
items and nature of the transaction, transaction amount or its proportion,
pricing policies (including transaction without any price or only with
nominal amount).
|
Article
13 Rights
and Obligations of Party A
13.1
|
During
the period of guaranty, Party A is entitled to inquire, understand and
supervise Party B’s business and management conditions and use and
maintain conditions of the mortgage
property.
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13.2
|
If
the performance term of Principal Agreement expires and the debtor fails
to repay the debt’s principal, interest and other affiliated expenses,
Party A is entitled to dispose the mortgage property hereof
legally.
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13.3
|
If
the performance term of debt expires and the debtor property is sealed up
or distrained by the people’s court due to the Debtor fails to repay the
debt duly, Party A is entitled to receive the natural or legal fruits of
the mortgage property from the date of
distraining.
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13.4
|
Party
A is entitled to request Party B to take measures to prevent the right to
mortgage from invasion of any third
party.
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13.5
|
If
the debtor of Principal Agreement liquidate the debt in accordance with
the agreement or in advance, Party A shall assist Party B to deal with the
dissolution procedures of mortgage registration
promptly.
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13.6
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Other
conditions which Party A is entitled to dispose the mortgage property in
advance.
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Article
14 The
Rights and Obligations of Party B
14.1
|
After
the execution of this Agreement, if Party A lawfully transfers the
principal creditor's rights to a third party, the mortgage rights under
this Agreement shall be simultaneously transferred, while Party B shall
continue to bear the mortgage liability within the scope of guarantee as
agreed hereof.
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14.2
|
Unless
such alterations extends the mortgage obligations of Party B (with the
exception of the alteration of interest as regulated), Party A needs no
prior consent from Party B when altering the Principal Agreement with the
debtor of the Principal Agreement; Party B shall continue to bear the
liability within the scope of guarantee as
agreed.
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14.3
|
Before
the main obligations of this Agreement are fully settled, Party B shall
stop its acts that may cause losses to the mortgage property; if the value
of such properties is lessened caused by Party B, then Party B shall be
liable to recover the loss or produce mortgage equivalent to the loss
caused. If Party B produces neither recovery nor mortgage, then Party A
shall have right to demand Party B in paying off the debts. If the debtor
fails in paying off the debt, Party A shall then have power to perform
right to mortgage. If, because of natural disasters, accidents, torts or
other causes, the properties under mortgage are destroyed or lessened,
Party B shall take immediate actions in preventing the loss from further
expanding, and then have Party A notified by writing
simultaneously.
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14.4
|
The
damages and compensations, which Party B obtains as considerations to
damage by a third party or requisition, shall be used as substitutional
object of the mortgage property to liquidate Party A’s claim in advance or
to deposit in the notary office located in location where the mortgage
property places; the unreduced value of mortgage property shall still be
the guaranty of the creditor’s
right.
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14.5
|
Party
B has the obligation to inform Party A to prevent from damaging Party A’s
creditor’s right when the creditor’s right suffers or may suffer from the
infraction from any third party.
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14.6
|
In
the period of mortgage of guaranty, without Party A’s written consent,
Party B shall not lease, deposit, re-mortgage, split or transfer the
mortgage property partially or completely; however condition that the
transferee liquidates the debt and eliminates the right to mortgage is
exclusive. If Party A agrees Party B to dispose the mortgage property,
Party B agrees Party A to has the right of choosing the following methods
to dispose the proceed from disposing the mortgage property and assist to
deal with the relevant
procedures:
|
a.
|
Liquidate
or liquidate in advance the principal and interest of debts and relevant
expenses under Principal
Agreement;
|
b.
|
Turn
to fixed deposit and the deposit receipt shall be subject to
pledge;
|
c.
|
Deposited
with a third person recognized by Party
A;
|
d.
|
Dispose
freely the proceeds obtained from disposing the original mortgage property
after Party B provides for new guaranty recognized by Party A in
accordance with Party A’s
demand.
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14.7
|
Through
mutually negotiation by the parties, Party B, who mortgages its existing
and ulterior production facilities, raw and processed materials,
semi-manufactures and productions, does not apply the provision of Article
14.6 when engaging in the normal producing business, however Party B shall
not dispose the mortgage property maliciously in form of mendacious
purchase and sale. If the conditions provided in Article 16 occur, Party B
shall not dispose the mortgage property in any form, or else Party B shall
take the liability of compensation for any loss suffered by Party
A.
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14.8
|
Party
A shall be informed in writing if one of the following conditions
occurs:
|
a.
|
The
business system changes, such as to make an agreement, joint operation,
consolidation, separation, reform of stockholding system and joint invest
and cooperation with foreign
businessman.
|
b.
|
The
increase and reduction of registered capital and business scope, and
changes in shareholdings.
|
c.
|
Involving
significant litigation of economic
disputes.
|
d.
|
The
disputes involving the ownership of the mortgage property
occur.
|
e.
|
Bankruptcy,
out of business, dissolution, suspending business for rectification and
revocation of business
licence.
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f.
|
Changes
of the domicile, telephone and legal
person.
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14.9
|
The
debtor of Principal Agreement who pays off all the debts under Principal
Agreement is entitled to request Party A to assist dismissing the mortgage
herein.
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Article
15 Costs
If not
otherwise regulated by law or agreed by the parties, all costs occurred during
the signature, execution and dispute resolution of this Agreement and
the cost of disposing mortgage property shall be borne by Party
B.
Article
16 Breach
of Agreement and Liabilities
Under one
of the following conditions, Party B shall be considered to have breached this
Agreement:
16.1
|
Party
B, in breaching the provisions of this Agreement, transfers, leases,
lends, funds (in material), remolds, rebuilds, or disposes the mortgaged
property in any other ways (partially or fully) without
authorization;
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16.2
|
Party
B obstructs Party A in disposing the mortgaged property pursuant to the
relevant provisions of this
Agreement;
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16.3
|
Party
B fails to provide relevant guaranty according to the requirements of
Party A when the value of mortgaged property depreciates, as provided in
this Agreement;
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16.4
|
Party
B makes false statements within this Agreement, or breaches its promises
within this Agreement;
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16.5
|
Party
B breaches other provisions of this
Agreement;
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16.6
|
Party
B terminates its business, or is under the circumstances of dissolution,
annulment or bankruptcy;
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16.7
|
Party
B breaches other agreements with Party A, or other institutes of the
Guangdong Development Bank Co.,
Ltd.
|
If such
breaches enlisted in the previous provision happens, Party A may, according to
the actual circumstances, adopt one or several measures enlisted
below:
a.
|
Require
Party B to correct its breach of the Agreement within a designated
time;
|
b.
|
Lowers,
suspends or terminates (fully or partially) the line of credit of Party
B;
|
c.
|
Suspends
or terminates (fully or partially) the business applications of Party B
under other agreements; suspends or terminates (fully or partially) the
releases and handling of unrealized loans and unhanded trade
financings;
|
d.
|
Declares
that the un-repaid loans/trade financings are immediately due (fully or
partially);
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e.
|
Terminates
or cancels this Agreement, fully or partially terminates or cancels other
agreements between Party B and Party
A;
|
f.
|
Demands
reimbursements against Party B for the losses of Party A caused by the
breach of Party B;
|
g.
|
Executes
the right to mortgage;
|
h.
|
Conducts
other measures deemed necessary by Party
A.
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Article
17 Notarization
The
parties hereof agree and confirm that: once this Agreement is notarized by the
notary office, it shall be deemed as the document of claim which has the effect
of enforceability; if the debtor fails to liquidate Party A’s principal and
interest of debt and other due expenses on time, and Party B has the default
conditions provided in Article 16, Party A is entitle to directly apply to the
people’s court which has the jurisdiction for the compulsory execution in
accordance with this Agreement and Party B agrees to accept this compulsory
execution unconditionally and give up the right to defence.
Article
18 Effectiveness,
Modification, Amendment and Termination
18.1
|
This
Agreement comes into effect from the date of signing and stamping by each
party. The right to mortgage comes into effect from the mortgage
registration date if the registration of mortgage property is needed, and
terminates till the date when the principal, interest, default interest,
compound interest, liquidated damages, expenses realizing the right of
creditor and all the other affiliated expenses under Principal Agreement
are liquidated.
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18.2
|
After
the effectiveness of this Agreement, it is legally binding to the parties
and their successors and
transferees.
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18.3
|
After
the effectiveness of this Agreement, any one of the parties shall not
modify or terminate this Agreement in advance without authority. This
Agreement may be modified or amended in written form through mutually
negotiation by the parties, and any modifications or amendments
constitutes the inseparable components hereof. If this Agreement needs to
be terminated in advance, the parties shall conclude the written agreement
through mutually negotiation, and the provisions herein is still in effect
before concluding the written
agreement.
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Article
19 Status
of This Agreement
19.1
|
This
Agreement is independent of Principal Agreement, and Party B shall take
responsibilities of mortgage of guaranty hereof whether the Principal
Agreement is regarded as partial or complete
invalidation.
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19.2
|
If
Party B (including its successor and legatee) is natural person, major
accidents of Party B’s body or property (such as the death, loss, be
pronounced dead, be pronounced lost, lose capacity for civil act and
suffer from natural disaster) do not impact the validation of this
Agreement. If Party B is legal person or other organizations, the
consolidation, separation, recombination, reform of the shareholding
system, change of relationship of administrative subordination do not
impact the validation of this
Agreement.
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19.3
|
In
the performance period of this Agreement, if Party B delays in performing
the obligation of this Agreement, or Party A gives any tolerance and grace
to Party B’s any default actions or delay actions, Party A is not damaged,
impacted or limited to entitle every right of Party A in accordance with
this Agreement and relevant laws, and it is not deemed as the permission
or acquiescence of Party A to any default actions, and not regarded that
Party A waives the right to take actions against Party B’s current or
future default actions.
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Article
20 Applicable
Laws and Dispute Resolution
The laws
of the People’s Republic of China shall be applicable to this
Agreement.
All
disputes and disagreements occurred during the execution of this Agreement shall
be firstly sought to be solved by both parties via friendly consultation. If
such consultation fails, the Parties agree to employ the same dispute resolution
method as agreed by the parties in the Principal Agreement.
Should
the dispute does not affect the execution of other provisions of this Agreement;
these provisions shall then continue to be exercised during the period of such
resolution.
Article
21 Special
Statement of Party B
21.1
|
Party
B makes sure that all the contents herein are negotiated by each party who
understands completely all the contents herein, and this Agreement does
not involve any conditions which limit and exempt Party B’s
responsibility, and there is no demurral to all the provisions
herein.
|
21.2
|
Party
B authorizes Party A to submit the information of enterprise’s credit in
the loan (loaning) period to credit information centre of People’s Bank
(or other legal finance supervision institution), and authorizes Party A
to inquire and use the credit information of Party B’s enterprises from
the aforesaid institution at any
time.
|
Article
22 Supplementary
Provisions
22.1
|
Each
party shall verify carefully the authorized time limit and prescription
obtained by the opponent and
signatory.
|
22.2
|
Unless
otherwise agreed, the place of domicile assigned by the both parties in
this Agreement shall be considered as mailing address and contact address;
both parties shall, when their mailing / contact address are changed,
inform the other party in
writing.
|
22.3
|
Under
this Agreement:
|
Responsible
Person of Party A is: Sun Jianyi, Telephone: 0000-0000000
Responsible
Person of Party B is: Yu Hailin, Telephone: 0000-0000000
22.4
|
Any
attachment, amendments or supplements constitute hereof shall be
unalienable components to this Agreement, and have the same legal power as
this Agreement herein. The attachments
include:
|
Annex 1.
List of the Mortgage Property;
Annex 2.
Investigation and Appraise Form of Mortgage of Guaranty.
22.5
|
This
Agreement is in three (3) originals; one (1) for Party A, one (1) for
Party B and one (1) for the relevant registration institution, and all of
them have equal legal effect.
|
Article
23 Other
Provisions
__________________________________________________
__________________________________________________
Party A
(stamp):
Legal
Representative (Principal)/Entrusted Agent: /s/ Xxxx Xxx Qing
Date:
July 6, 2009
Party B
(stamp)
Legal
Representative (Principal)/Entrusted Agent: /s Wang Xinshun
Date:
July 6, 2009
Annex I:
List of the Mortgage Property
Agreement
of Mortgage of Maximum Amount NO. 13108109Z022-03
Monetary
Unit: RMB/Ten thousand
Number
|
Name
of
Mortgage
Property,
Specifications
and
Type,
Nameplate
|
Unit
|
Quantity
|
Evaluating
Value
|
Name
and
Document
Number
of
Right
Certificate
(invoice,
certificate,
official
document,
AGREEMENT
and
etc.)
|
Location
and
Use
Conditions
of
Mortgage
Property
|
Registration
Institution
|
|||||||
1
|
Roof-mounted
Coke Oven
|
A
set
|
1
|
106.796.324
|
Diya
No.2009020
Document
of
Chattel
Mortgage
|
|
being
used,
in
the
factory
|
|
Administration
Bureau
for
Industry
and
Commerce
of
Anyang
|
|||||
2
|
Chemical
Factory
|
A
set
|
1
|
29.040.370
|
||||||||||
3
|
Coal
Washing
|
A
set
|
1
|
9.497.760
|
||||||||||
4
|
|
Sink
and Float Coal Washing
|
|
A
set
|
|
1
|
|
72.575.054
|
|
|||||
The
Mortgagor (stamp)
Legal
Representative/Entrusted Agent:
Date:
July 6, 2009
|
The
Mortgagee (stamp)
Legal
Representative/Entrusted Agent:
Date:
July 6,
2009
|