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　　Article 11　Where the completed part of a construction project is mortgaged, the leaseholds thereto shall also be included in the mortgage.

　　Article 12　Where a piece of real property purchased under State preferential policies is mortgaged, the amount of the mortgage shall be limited in proportion to the amount that is under the disposal of, or the profit which may be obtained by, the owner of the real property.

　　Article 13　Where a piece of real property of which the power of operation and management is granted by the State to a wholly State-owned enterprise or institution legal person is mortgaged, the mortgage shall be in compliance with the relevant regulations on the administration of State-owned assets.

　　Article 14　Where a piece of real property which is owned by a collectively-owned enterprise is mortgaged, a resolution to that effect shall be adopted by the workers' (or representatives') congress of the collectively-owned enterprise. The resolution shall then be reported to the superior authority in charge of the enterprise for the record.

　　Article 15　Where a piece of real property which is owned by a Sino-foreign equity joint venture, a Sino-foreign co-operative joint venture or a wholly foreign-owned enterprise is mortgaged, a resolution to that effect shall be adopted by the board of directors, unless the articles of association of the enterprise stipulate otherwise.

　　Article 16　Where a piece of real property which is owned by a limited liability company, or a company limited by shares is mortgaged, a resolution to that effect shall be adopted by the board of directors or by the shareholders' general meeting, unless the articles of association of the enterprise stipulate otherwise.

　　Article 17　Where a piece of real property which is owned by an enterprise with a limited period of operation is mortgaged, the time limit on the guaranteed debt may not exceed the period of operation of the enterprise.

　　Article 18　Where a piece of real property which has a limited period in land use is mortgaged, the time limit on the guaranteed debt may not exceed the period of land use as stipulated in the leasehold sale contract minus the period for which it has already been in use.

　　Article 19　Where a piece of real property which is jointly owned is mortgaged, the mortgagor shall first seek the consent of the other joint owners in writing.

　　Article 20　Where pre-purchased commodity housing is mortgaged for loans, such commodity housing development projects shall be in compliance with required real property assignment conditions and an commodity housing advanced sale permit shall be obtained.

　　Article 21　Where a piece of real property which is already rented is mortgaged, the mortgagor shall inform the mortgagee of the circumstances regarding the rental, and notify the lessor of the circumstances regarding the mortgage. The original leasing contract shall continue to be valid.

　　Article 22　Where a mortgage is secured for a piece of real property, the value of the mortgage may be determined by the parties to such mortgage through negotiation or by appraisal undertaken by a real property appraisal organization.

　　The above clause shall prevail unless laws and regulations stipulate otherwise.

　　Article 23　Where the parties to a mortgage agree to buy insurance for the mortgaged real property, the mortgagor shall buy insurance for such piece of mortgaged real property and the insurance costs shall be borne by the mortgagor. After the mortgaged real property is insured, the mortgagor shall hand over the insurance policy to the mortgagee for safe custody. The mortgagee shall be the first beneficiary to receive any insurance compensation within the mortgage period.

　　Article 24　Where an enterprise or institution legal person splits up its business or merges, the original mortgage contract executed by it shall continue to be valid. The restructured legal person shall enjoy and bear the rights and obligations under the mortgage contract.

　　Where a mortgagor dies or is declared dead or missing in accordance with the law, the legitimate inheritor or a trustee shall continue to perform the original mortgage contract.

　　PART THREE　CONCLUSION OF A REAL PROPERTY MORTGAGE CONTRACT

　　Article 25　The parties to a mortgage shall execute a mortgage contract in writing for the mortgage of any real property.

　　Article 26　A real property mortgage contract shall specify the following main contents:

　　1. names or individual names, and places of residences of mortgagor and mortgagee;

　　2. principal types of creditors' rights and the amount involved;

　　3. location, name, conditions, floor area of the structure, land use area and access regarding the four boundaries, etc., of the mortgaged real property;

　　4. value of the mortgaged real property;

　　5. name of the occupier and manager of the mortgaged real property, the manner of occupancy and the mode of management, occupancy and management responsibilities and liabilities in respect of any accidental damage, destruction and losses;

　　6. time limit on debtor's clearing of the debt;

　　7. conditions governing nullification of the creditor's rights;

　　8. liability for breach;

　　9. dispute resolution methods;

　　10. date and place of execution of the mortgage contract; and

　　11. other matters as agreed by both parties.

　　Article 27　Where pre-purchased commodity housing is mortgaged, a valid advanced commodity housing purchase contract shall be produced.

　　Article 28　Where a mortgage involves construction projects in progress, the mortgage contract shall also specify the following contents:

　　1. the document numbers of the State-owned Leaseholds Certificate, the Construction Land Planning Permit and the Construction Project Planning Permit;

　　2. the amount paid or payable for assignment of leaseholds;

　　3. the amount invested in any construction projects in progress;

　　4. the progress of construction and the date of completion; and

　　5. the amount of work and the number of projects completed.

　　Article 29　Where a mortgagee wishes to insure the mortgaged real property or, after execution of the mortgage, wishes to impose any restrictions on the mortgagor in respect of renting, assignment of the mortgaged real property, or alteration of the method of use of the real property, the parties to the mortgage shall specify such conditions in the mortgage contract.

　　PART FOUR　REAL PROPERTY MORTGAGE REGISTRATION

　　Article 30　Within 30 days of signing the real property mortgage contract, the parties to a mortgage shall register the mortgaged real property with the Real Property Administration Department at the place where the real property is located.

　　Article 31　A real property mortgage contract shall become valid upon registration.

　　Article 32　The following documents shall be submitted for examination during the registration of a real property mortgage:

　　1. the identification certification of the parties to the mortgage and the legal person status certification;

　　2. the application form for mortgage registration;

　　3. the mortgage contract;

　　4. the State-owned Leaseholds Certificate, Certificate of Rights of Building or Certificate of Real Property Rights; where the building is jointly owned, a Certificate of Common Ownership of a Building and other documentary evidence demonstrating the other joint owner's agreement to the mortgage shall be produced;

　　5. certificates and other supporting materials which can prove that the mortgagor has the right to secure a mortgage;

　　6. materials which can affirm the value of the mortgaged real property; and

　　7. other documents which the registration authorities consider necessary.

　　Article 33　The registration authorities shall examine and verify the application made by an applicant, and where ownership may clearly be ascertained and all the necessary documents are provided, shall decide whether to grant registration within seven days from the date of registration. Where registration is not granted, they shall notify the applicant in writing.

　　Article 34　Where a piece of real property for which a building ownership certificate has been obtained in accordance with the law is mortgaged, the registration authorities shall record the additional types of ownership on the original Certificate of Rights of Building, which shall subsequently be kept by the mortgagor. A Certificate of Other Rights of Building shall be issued to the mortgagee.

　　Where pre-purchased commodity housing or pre-purchased commodity housing currently under construction is mortgaged, the registration authorities shall specify the circumstances on the mortgage contract. Where construction of the mortgaged real property is completed during the period of mortgage, the parties concerned shall, following acquirement of a real property ownership rights certificate by the mortgagor, undertake a new mortgage registration.

　　Article 35　Where a mortgage contract is to be revised or a mortgage relationship terminated, the parties to the mortgage shall, within 15 days from making a revision or termination, register the revision or cancel the registration with the original registration authorities.

　　Where leaseholds and ownership rights to buildings and other related structures are obtained due to disposal of mortgaged real property in accordance with the law, the parties to the mortgage shall, within 30 days from the date the disposal becomes effective, apply for registration of transfer of ownership rights to buildings at the Real Property Administration Department of the local people's government above the county level. They shall also apply to register an alteration of leaseholds at the land administration department of the people's government at the same level by producing an amended Certificate of Rights of Building.

　　PART FIVE　OCCUPANCY AND ADMINISTRATION OF MORTGAGED REAL PROPERTY

　　Article 36　Mortgaged real property shall be occupied and managed by the mortgagor.

　　During the mortgage period when the mortgagor has the right to occupy and manage the mortgaged real property, the mortgagor shall safeguard the mortgaged real property from any damage and maintain it. The mortgagee has the right to examine and inspect the management of the mortgaged real property in accordance with the mortgage contract.

　　Article 37　Mortgage rights may be assigned along with the creditor's rights. A mortgage rights assignment contract shall be executed for the assignment of mortgage rights. Registration of any alteration of mortgage rights shall also be undertaken. Following the assignment of mortgage rights, the original mortgagee shall inform the mortgagor of the circumstances.

　　Provided the mortgagee agrees, the mortgaged real property can be assigned or leased.