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Договоры с организациямиЗайма

Договор займа на оплату по договору о долевом участии в строительстве жилого дома

 

ДОГОВОР ЗАЙМА НА ОПЛАТУ ПО ДОГОВОРУ О ДОЛЕВОМ УЧАСТИИ В СТРОИТЕЛЬСТВЕ ЖИЛОГО ДОМА

г._______________                                                                         «_____»___________20___г.

_____________________________________________________________________________,

(наименование организации)

расположен____ по адресу: _____________________________________________________,

зарегистрирован_______________________________________________________________

(наименование регистрирующего органа)

«___» ______________ года за N ___________, Свидетельство N __________ от

«___» __________ года, именуем___ в дальнейшем «Займодавец», в лице_________________________________________________________________________,

(должность, Ф.И.О.)

 

действующ__ на основании_____________________________________________________,

(устава, положения, доверенности)

 

с одной стороны, и Аудиторская организация ООО «Форос Аудит», именуемая в дальнейшем «Заемщик», в лице Генерального директора Васильевой Е.В., действующая на основании Устава, с другой стороны, именуемые в дальнейшем «Стороны», заключили настоящий договор о нижеследующем:

 

  1. Займодавец передает Заемщику в собственность деньги на оплату ________ квадратных метров в _______ комнатной квартире, условный N ______, приобретаемой Заемщиком по Договору N ________________ о долевом участии в строительстве жилого дома по адресу: _____________________________________________________________________________,административный район, квартал _______, корпус ________ (далее по тексту — «Объект»), в сумме ______________ рублей, что эквивалентно ______________ долларов США по курсу Центрального банка РФ на момент подписания Договора.

 

  1. Настоящий Договор заключен сроком до ____________20__ г., то есть в день истечения указанного срока Заемщик обязан возвратить Займодавцу сумму займа в рублевом эквиваленте, равном ____________________ долларов США по курсу ЦБ РФ на день возврата долга.

 

  1. Сумма займа считается возвращенной Заемщиком в момент ее передачи Займодавцу или зачисления соответствующих денежных средств на его расчетный счет.

 

  1. Заемщик обязан обеспечить возможность осуществления Займодавцем контроля за целевым использованием суммы займа.

 

  1. В случае невыполнения Заемщиком условия Договора о целевом использовании суммы займа, а также при нарушении обязанности, предусмотренной п. 4, Займодавец вправе потребовать от Заемщика досрочного возврата суммы займа и уплаты процентов за пользование чужими денежными средствами в соответствии со ст. 395 ГК РФ.

 

  1. В случае отчуждения Объекта Заемщиком до возврата занятой суммы денег, возврат суммы займа должен быть произведен в течение __________(______________) календарных дней после регистрации перехода к покупателю (иному лицу) права собственности на Объект в Городском бюро регистрации прав на недвижимое имущество и сделок с ним (ГБР). При этом размер суммы займа, подлежащей возврату, рассчитывается по формуле:

А х В = С, где

А — кол-во кв.м. Объекта, приобретенных за счет заемных средств;

В — среднерыночная стоимость кв.м. данного Объекта на день отчуждения;

С — сумма, подлежащая возврату Займодавцу.

 

  1. Заемщик вправе возвратить, а Займодавец обязан принять сумму денег полностью или по частям и до истечения указанного в настоящем Договоре срока.

 

  1. В случае невозврата Заемщиком долга к указанному в Договоре сроку, Займодавец вправе обратиться в суд, предъявив ко взысканию, помимо суммы займа, также и проценты за пользование чужими денежными средствами (ст. 395 ГК РФ).

 

  1. Настоящий Договор вступает в силу с момента фактической передачи суммы займа от Займодавца Заемщику, что подтверждается распиской Заемщика в получении денег, переданной Займодавцу.

 

  1. Права и обязанности Сторон, помимо установленных настоящим договором, определяются по общим правилам ГК РФ.

 

  1. Все изменения и дополнения настоящего договора оформляются в виде дополнительных соглашений в письменной форме за подписью уполномоченных лиц. Дополнительные соглашения являются неотъемлемой частью.

 

  1. В случае изменения юридического адреса, расчетного счета или обслуживающего банка Стороны обязаны в ____ дневный срок уведомить об этом друг друга.

 

  1. Настоящий Договор составлен в двух экземплярах, имеющих равную юридическую силу, по одному для каждой из Сторон.

 

  1. Указанная в п. 1 сумма передана Займодавцем Заемщику в присутствии третьего лица _____________________________________________________________________________,

(Ф.И.О.)

 

паспорт: серия _____ N ____________,

выдан________________________________________________________________________, проживающий:_______________________________________________________________.

 

 

АДРЕСА И БАНКОВСКИЕ РЕКВИЗИТЫ СТОРОН:

 

Займодавец Заемщик
ООО «»

Адрес

ИНН:

КПП:

р/с

к/с

БИК

ООО «Форос Аудит»

Адрес: 117593, Москва г, Литовский б-р, дом № 3, корпус 2, квартира 490.

ИНН:  7727543450
КПП: 772801001

р/с: 40702810069000027701

ПАО «ХАНТЫ-МАНСИЙСКИЙ БАНК ОТКРЫТИЕ» Г. МОСКВА

к/с: 30101810700000000297

БИК: 044525092

 

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