Contesting Impositions. Other than insurance premiums, Borrower may contest, at its expense, by appropriate legal proceedings, the amount or validity of any Imposition if: (1) Borrower notifies Lender of the commencement or expected commencement of such proceedings; (2) Lender determines that the Mortgaged Property is not in danger of being sold or forfeited; (3) Borrower deposits with Lender (or the applicable Governmental Authority if required by applicable law) reserves sufficient to pay the contested Imposition, if required by Lender (or the applicable Governmental Authority); (4) Borrower furnishes whatever additional security is required in the proceedings or is reasonably requested by Lender; and (5) Borrower commences, and at all times thereafter diligently prosecutes, such contest in good faith until a final determination is made by the applicable Governmental Authority.
Appears in 4 contracts
Sources: Multifamily Loan and Security Agreement (Bluerock Residential Growth REIT, Inc.), Multifamily Loan and Security Agreement (Independence Realty Trust, Inc), Multifamily Loan and Security Agreement (Steadfast Income REIT, Inc.)
Contesting Impositions. Other than insurance premiums, Borrower may contest, at its expense, by appropriate legal proceedings, the amount or validity of any Imposition if:
(1) Borrower notifies Lender of the commencement or expected commencement of such proceedings;
(2) Lender determines that the applicable Mortgaged Property is not in danger of being sold or forfeited;
(3) Borrower deposits with Lender (or the applicable Governmental Authority if required by applicable lawApplicable Law) reserves sufficient to pay the contested Imposition, if required by Lender (or the applicable Governmental Authority);
(4) Borrower furnishes whatever additional security is required in the proceedings or is reasonably requested in writing by Lender; and
(5) Borrower commences, and at all times thereafter diligently prosecutes, such contest in good faith until a final determination is made by the applicable Governmental Authority.
Appears in 1 contract
Sources: Master Credit Facility Agreement (Steadfast Apartment REIT, Inc.)