Common use of LIENS, ENCUMBRANCES AND CHARGES Clause in Contracts

LIENS, ENCUMBRANCES AND CHARGES. Subject to the terms of Section 8.4, Trustor shall immediately discharge by bonding or otherwise any lien, charge or other encumbrance which attaches to the Property in violation of Section 6.15. Subject to Trustor's right to contest such matters under this Deed of Trust or as expressly permitted in the Loan Documents, Trustor shall pay when due all obligations secured by or reducible to liens and encumbrances which shall now or hereafter encumber or appear to encumber all or any part of the Property or any interest therein, whether senior or subordinate hereto, including, without limitation, all claims for work or labor performed, or materials or supplies furnished, in connection with any work of demolition, alteration, repair, improvement or construction of or upon the Property, except such as Trustor may in good faith contest or as to which a bona fide dispute may arise (provided provision is made to the satisfaction of Beneficiary for eventual payment thereof in the event that Trustor is obligated to make such payment and that any recorded claim of lien, charge or other encumbrance against the Property is immediately discharged by bonding or otherwise).

Appears in 1 contract

Samples: Leases and Security Agreement (Manufactured Home Communities Inc)

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LIENS, ENCUMBRANCES AND CHARGES. Subject to the terms of Section 8.4, Trustor Borrower shall immediately discharge by bonding or otherwise any lien, charge or other encumbrance which attaches to the Property in violation of Section 6.151.31. Subject to Trustor's Borrower’s right to contest such matters under this Deed of Trust Agreement or as expressly permitted in the Loan Documents or in the Senior Loan Documents, Trustor Borrower shall pay when due all obligations secured by or reducible to liens and encumbrances which shall now or hereafter encumber or appear to encumber all or any part of the Property or any interest therein, whether senior or subordinate hereto, including, without limitation, all claims for work or labor performed, or materials or supplies furnished, in connection with any work of demolition, alteration, repair, improvement or construction of or upon the Property, except such as Trustor Borrower may in good faith contest or as to which a bona fide dispute may arise (provided provision is made to the satisfaction of Beneficiary Lender for eventual payment thereof in the event that Trustor Borrower is obligated to make such payment and that any recorded claim of lien, charge or other encumbrance against the Property is immediately discharged by bonding or otherwise).

Appears in 1 contract

Samples: Mezzanine Loan Agreement (KBS Real Estate Investment Trust, Inc.)

LIENS, ENCUMBRANCES AND CHARGES. Subject to the terms of Section 8.4, Trustor Borrower shall immediately discharge by bonding or otherwise any lien, charge or other encumbrance which attaches to the Property in violation of Section 6.15. Subject to Trustor's Borrower’s right to contest such matters under this Deed of Trust Agreement or as expressly permitted in the Loan Documents or in the Senior Loan Documents, Trustor Borrower shall pay when due all obligations secured by or reducible to liens and encumbrances which shall now or hereafter encumber or appear to encumber all or any part of the Property or any interest therein, whether senior or subordinate hereto, including, without limitation, all claims for work or labor performed, or materials or supplies furnished, in connection with any work of demolition, alteration, repair, improvement or construction of or upon the Property, except such as Trustor Borrower may in good faith contest or as to which a bona fide dispute may arise (provided provision is made to the satisfaction of Beneficiary Lender for eventual payment thereof in the event that Trustor Borrower is obligated to make such payment and that any recorded claim of lien, charge or other encumbrance against the Property is immediately discharged by bonding or otherwise).

Appears in 1 contract

Samples: Mezzanine Loan Agreement (KBS Real Estate Investment Trust II, Inc.)

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LIENS, ENCUMBRANCES AND CHARGES. Subject to the terms of Section 8.4, Trustor Mortgagor shall immediately discharge by bonding or otherwise any lien, charge or other encumbrance which attaches to the Property in violation of Section 6.15. Subject to Trustor's Mortgagor’s right to contest such matters under this Deed of Trust Mortgage or as expressly permitted in the Loan Documents, Trustor Mortgagor shall pay when due all obligations secured by or reducible to liens and encumbrances which shall now or hereafter encumber or appear to encumber all or any part of the Property or any interest therein, whether senior or subordinate hereto, including, without limitation, all claims for work or labor performed, or materials or supplies furnished, in connection with any work of demolition, alteration, repair, improvement or construction of or upon the Property, except such as Trustor Mortgagor may in good faith contest or as to which a bona fide dispute may arise (provided provision is made to the satisfaction of Beneficiary Mortgagee for eventual payment thereof in the event that Trustor Mortgagor is obligated to make such payment and that any recorded claim of lien, charge or other encumbrance against the Property is immediately discharged by bonding or otherwise).

Appears in 1 contract

Samples: Security Agreement (KBS Real Estate Investment Trust, Inc.)

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