存量房交易结算资金监管协议全英文翻译.doc

Con tract No.: 2012100798Escrow Agreement for Settlement Fund of Housing Stock Transactionin NanjingParty A (seller):Party B (buyer): Party C (guara ntor): Nanji ng Hous ing Real Estate Guara ntee Co., Ltd.In order to guara ntee the tran sacti on settleme nt fund of the hous ing stock and protect rights of both parties, in the prin ciples of equality and good faith, Party A, Party B and Party C en ter into the followi ng agreeme nts upon consen sus.Article 1 Party A and Party B sig ned the Sales and Purchase Con tract for Nanji ng Housing Stock on Apr. 10, 2012. The house is located at Room 702, Sijiyuan, 20 Nenjiang Road, Gulou District and the Parcel No. is 080180-IX-28. The total house payment is RMB 2,000,000 Yuan including deposit of RMB 0 Yuan, final payment of RMB 0 Yuan, down payment of RMB 0 Yuan and loan of RMB 0 Yuan (wherein the commercial loan of RMB 0 Yua n and policy-based loan of RMB 0 Yua n).Article 2 With the com mon en trustme nt of Party A and Party B, Party C agreesto escrow and tran sfer the total house payme nt except the deposit and final payme nt, and the amount of tran sact ion fund to be escrowed and tran sfer is RMB 1,980,000 Yua n.Party B shall deposit all the house payme nt besides deposit (in cludi ng loans) to the "Special Deposit Acco unt for Tran sacti on Settleme nt Fund of Hous ing Stock" (here un der referred to as "Escrow Acco un t"), and whe n the house tran sfer registrati on formalities have been done, Party C shall go through the formalities of escrow fund transfer and tran sfer the prin cipal and in terest of the fund to the settleme nt acco unt of Party A. Where the house is mortgaged, Party C shall transfer the escrow fund according to the "En trustme nt Agreeme ntfor Hous ing Stock Tran sacti on" sig ned by Party A, Party B and Party C, wherei n, the tran sacti on fund (except loa ns) used by Party C is RMB 0 Yua n of the loa n repaid by Party A.Article 3 Details of the "Escrow Acco un t" are as follows:Name: Client Transaction Settlement Fund of Nanjing Housing Real Estate Guara ntee Co., Ltd.Deposit Bank: In dustrial and Commercial Bank of ChinaAccount No.: 4301016729100055460Article 4 Party A and Party B shall open a settlement accountin the escrow bank respectively and the details of the acco unts are as follows:Account Name of Party A: ZHAO Che ngce nAccount No. of Party A: 6222024301053968135Account Name of Party B: LIU FulinAccount No. of Party B: 6222024301063028201Article 5 Where Party B applies for loa n for purchas ing house,while the loa n bank fails to grant the commercial loa n within 3 workdays since the n ext day after the date of applying for house transfer registration. Party A and Party B agree to go through formalities of revocation at the ownership registration window timely, and when the revocatio n formalities are done, they shall go through formalities of escrow can cellati on at the fund escrow win dow.Article 6 Where Party A and Party B termi nates the tran sacti on, Party C shall tran sfer all the prin cipal and in terest of the escrow fund to Party B's acco unt after the fund escrow is can celled; where Party B applies for loa n and the loa n has bee ngran ted, Party C shall tran sfer the loa n to the loa n bank, the in terests gen eratedthereof shall be borne by Party B, and Party C shall transfer the fund with the certificate of loan settleme nt issued by the loa n bank.Article 7 The in terest with in the escrow period shall be calculated accord ing to in terest rate of curre nt deposit stipulated by the bank for the corresp onding period from the time whe n the fund actually en ter into the acco unt.Article 8 Party A and Party B guara ntee that any disputes occurred due to the house transaction (including the safety and feasibility of the transaction and other matters irreleva nt to the agreeme nt) are irreleva nt to Party C and Party C shallear no obligati ons for the disputes.Any disputes occurred whe n Party A and Party B sig n, perform and termi nate the Tran sacti on Con tract shall be solved through n egotiati on or legal ways.Article 9 Liabilities for Breach of Con tract(1) Where Party A has any behaves which may endanger safety of the transaction settlement fund or lead Party B or Party C to economic losses when signing and perform ing the con tract, Party A shall bear liabilities of compe nsatio n accord ing to laws.(2) Where the escrow fund is lost due to improper keeping of the vouchers and information of the personal banking settlement account by Party A and Party B, they shall bear corresp onding liabilities by themselves.(3) Where the escrow fund is frozen or transferred by the judicial organs due to reasonsof either Party A or Party B, the responsible party shall bear corresponding responsibilities; where the other two parties also suffer from economic losses, the resp on sible party shall compe nsate for the losses accord ing to laws.(4) After sig ning the con tract, where either party fails to perform the con tract un laterally, thus leadi ng to econo mic losses, the resp on sible party shallcompe nsatefor the losses.(5) Where the transactionis terminated due to reasons of both parties or either party, Party C is en titled to suspe nd the tran sact ion funds tran sfer and bear no econo mic or legal responsibilities, until Party A and Party B reach consensus or provide valid judicial docume nts.(6) Where the transaction is terminated due to disapproval of registration by the registration authority, Party A and Party B shall bear corresponding responsibilities respectively. Where Party B applies for bank loan, he/she shall actively assist to go through formalities of loa n repayme nt and bear corresp onding in terest.(7) Any responsibilities and obligations of the entrusted agents during performing the con tract shall be born by Party A and Party B respectively.Article 10 Any disputes occurri ng duri ng perform ing the con tract shall be solved upon negotiation of Party A, Party B and Party C; where such negotiation fails, the disputes shall be submitted to the local people's court for lawsuit.Article 11 This con tract is in quadruplicate which will take into effect with sig natures or seals of PartyA, Party B and Party C. Party A and Party B hold one copy respectively and Party C holds two copies.Party A: (sig nature)Co-ow ner: (sig nature)Age nt:Tel:Party B: (sig nature)Co-ow ner: (sig nature)Age nt:Tel:Party C: Nanji ng Hous ing Real Estate Guara ntee Co., Ltd. (special sealfor fund escrow service 2)Sig ning date: Apr. 10, 2012