Common use of Payment of Taxes, Etc Clause in Contracts

Payment of Taxes, Etc. (a) Borrower shall pay or cause to be paid all taxes, assessments, water rates, sewer rents, governmental impositions, and other charges, including without limitation vault charges and license fees for the use of vaults, chutes and similar areas adjoining the Land, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Taxes"), all ground rents, maintenance charges and similar charges, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Other Charges"), and all charges for utility services provided to the Property prior to the date on which interest or delinquency charges begins to accrue thereon or any non-payment thereof would result in the application of any penalties, provided however that taxes may be paid in installments to the extent permitted by the taxing authority. Borrower will deliver to Lender, promptly upon Lender's request, evidence satisfactory to Lender that the Taxes, Other Charges and utility service charges have been so paid or are not then delinquent. Borrower shall not suffer and shall promptly cause to be paid and discharged any lien or charge whatsoever which may be or become a lien or charge against the Property. Except to the extent sums sufficient to pay all Taxes and Other Charges have been deposited with Lender in accordance with the terms of this Security Instrument, Borrower shall furnish to Lender paid receipts for the payment of the Taxes and Other Charges prior to the date the same shall become delinquent.

Appears in 8 contracts

Samples: Mortgage and Security Agreement (Corporate Property Associates 15 Inc), Mortgage and Security Agreement (Corporate Property Associates 15 Inc), Mortgage and Security Agreement (Corporate Property Associates 15 Inc)

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Payment of Taxes, Etc. (a) Subject to the terms and conditions of Section 3.5 hereof, Borrower shall pay or cause to be paid by their due date all taxes, assessments, water rates, sewer rents, governmental impositions, and other charges, including including, without limitation limitation, vault charges and license fees for the use of vaults, chutes and similar areas adjoining the Land, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Taxes"), all ground rents, maintenance charges and similar charges, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Other Charges"), and all charges for utility services provided to the Property prior to the date on which interest or delinquency charges begins to accrue thereon or any non-payment thereof would result in the application of any penalties, provided however that taxes may be paid in installments to the extent permitted by the taxing authorityas same become due and payable. Borrower will deliver to Lender, promptly upon Lender's request, evidence satisfactory to Lender that the Taxes, Other Charges and utility service charges have been so paid or are not then delinquent. Borrower shall not suffer and shall promptly cause to be paid and discharged any lien or charge whatsoever which may be or become a lien or charge against the Property. Except to the extent sums sufficient to pay all Taxes and Other Charges have been deposited with Lender in accordance with the terms of this Security Instrument, Borrower shall furnish to Lender paid receipts for the payment of the Taxes and Other Charges prior to the date the same shall become delinquent.

Appears in 6 contracts

Samples: Mortgage and Security Agreement (Pennsylvania Real Estate Investment Trust), Mortgage and Security Agreement (Pennsylvania Real Estate Investment Trust), Mortgage and Security Agreement (Pennsylvania Real Estate Investment Trust)

Payment of Taxes, Etc. (a) Borrower Mortgagor shall pay or cause to be paid paid, as the same become due and payable, all (i) real estate and personal property taxes, assessments, water rates, rates or sewer rents, governmental impositionsnow or hereafter levied or assessed or imposed against the Property or part thereof (collectively, the “Taxes”) and (ii) ground rents, maintenance charges, impositions and any other charges, including including, without limitation limitation, vault charges and license fees for the use of vaults, chutes and similar areas adjoining the LandProperty, now or hereafter levied or assessed or imposed against the Property or any part thereof (collectively, the "Taxes"), all ground rents, maintenance charges and similar charges, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Other Charges"). At Lender’s request, Mortgagor shall furnish to Lender receipts, or other evidence of the payment of the Taxes and all charges for utility services provided to the Property Other Charges prior to the date on which interest or delinquency charges begins to accrue thereon or any non-payment thereof would result in the application of any penalties, provided however that taxes may be paid in installments to the extent permitted by the taxing authority. Borrower will deliver to Lender, promptly upon Lender's request, evidence satisfactory to Lender that the Taxes, Other Charges and utility service charges have been so paid or are not then same shall become delinquent. Borrower Mortgagor shall not suffer and shall promptly cause to be paid and discharged any lien Lien or charge whatsoever (other than Permitted Encumbrances) which may be or become a lien Lien or charge against the Property. Except , and shall promptly pay for all utility services provided to the extent sums sufficient Property (provided however this applies only to utility services the failure to pay all could result in the creation of a lien that has a Material Adverse Effect). After prior written notice to Lender, Mortgagor, at its own expense, may contest by appropriate legal proceeding, promptly initiated and conducted in good faith and with due diligence, the amount or validity or application in whole or in part of any Taxes or Other Charges, other than ground rent, provided that (i) no Event of Default has occurred and Other Charges have been deposited with Lender remains uncured; (ii) such proceeding shall be permitted under and be conducted in accordance with the terms provisions of this Security Instrumentany other instrument to which Mortgagor is subject and shall not constitute a default thereunder and such proceeding shall be conducted in accordance with all Requirements of Laws; (iii) neither the Property nor any part thereof or interest therein will be in danger of being sold, Borrower forfeited, terminated, cancelled or lost; (iv) Mortgagor shall promptly upon final determination thereof pay the amount of any such Taxes or Other Charges, together with all costs, interest and penalties which may be payable in connection therewith; (v) such proceeding shall suspend the collection of such contested Taxes or Other Charges from the Property; and (vi) Mortgagor shall furnish such security as may be required in the proceeding to Lender paid receipts for insure the payment of the any such Taxes or Other Charges, together with all interest and Other Charges prior to the date the same shall become delinquentpenalties thereon.

Appears in 5 contracts

Samples: Guaranty and Security Agreement (General Motors Co), Equity Pledge Agreement (Motors Liquidation Co), Guaranty and Security Agreement (General Motors Co)

Payment of Taxes, Etc. (a) Borrower shall pay or cause to be paid all taxes, assessments, water rates, sewer rents, governmental impositions, and other charges, including without limitation limitation, vault charges and license fees for the use of vaults, chutes and similar areas adjoining the Land, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "TaxesTAXES"), all ground rents, maintenance charges and similar charges, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Other ChargesOTHER CHARGES"), and all charges for utility services provided to the Property prior to the date on which interest or delinquency charges begins to accrue thereon or any non-payment thereof would result in the application of any penalties, provided however that taxes may be paid in installments to the extent permitted by the taxing authorityas same become due and payable. Borrower will deliver to Lender, promptly upon Lender's request, evidence satisfactory to Lender that the Taxes, Other Charges and utility service charges have been so paid or are not then delinquent. Borrower shall not suffer allow and shall promptly cause to be paid and discharged any lien or charge whatsoever which may be or become a lien or charge against the Property. Except to the extent sums sufficient to pay all Taxes and Other Charges have been deposited with Lender in accordance with the terms of this Security Instrument, Borrower shall furnish to Lender paid receipts for the payment of the Taxes and Other Charges prior to the date the same shall become delinquent.

Appears in 3 contracts

Samples: Escrow Agreement (First Union Real Estate Equity & Mortgage Investments), Escrow Agreement (Sheldahl Inc), Escrow Agreement (First Potomac Realty Trust)

Payment of Taxes, Etc. (a) Borrower The Mortgagor shall pay or cause to be paid all taxes, assessments, water rates, sewer rents, governmental impositions, and other charges, including without limitation vault charges and license fees for the use of vaults, chutes and similar areas adjoining the Land, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Taxes"), all ground rents, all premiums for insurance, maintenance charges and similar charges, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Other Charges"), and all charges for utility services provided to the Property prior as the same become due and payable, subject to the date on which interest or delinquency charges begins Mortgagor’s right to accrue thereon or any non-payment thereof would result in contest the application of any penalties, provided however that taxes may be paid in installments same as and to the extent permitted by the taxing authorityCredit Agreement. Borrower The Mortgagor will deliver to Lenderthe Administrative Agent, promptly upon Lender's the Administrative Agent’s request, evidence satisfactory to Lender the Administrative Agent that the Taxes, Other Charges and utility service charges have been so paid or are not then delinquent. Borrower The Mortgagor shall not suffer allow and shall promptly cause to be paid and discharged any lien or charge whatsoever which may be or become a lien or charge against the Property. Except to the extent sums sufficient to pay all Taxes and Other Charges have been deposited with Lender the Administrative Agent in accordance with the terms of this Security InstrumentMortgage, Borrower the Mortgagor shall furnish to Lender the Administrative Agent, upon the Administrative Agent’s request, paid receipts for the payment of the Taxes and Other Charges prior to the date the same shall become delinquent. The Mortgagor pay when due all operating costs of the Property.

Appears in 3 contracts

Samples: Smith & Wesson Holding Corp, Smith & Wesson Holding Corp, Smith & Wesson Holding Corp

Payment of Taxes, Etc. (a) Subject to the provisions of paragraph 6 hereof, Borrower shall pay or cause to be paid all taxes, assessments, water rates, rates and sewer rents, governmental now or hereafter levied or assessed or imposed against the Trust Property or any part thereof (the "TAXES") on or before the last date prior to which any interest, late fees or penalties would begin to accrue (the "DELINQUENCY DATE") and all ground rents, maintenance charges, other impositions, and other charges, including including, without limitation limitation, vault charges and license fees for the use of vaults, chutes and similar areas adjoining the LandPremises, now or hereafter levied or assessed or imposed against the Trust Property or any part thereof (the "TaxesOTHER CHARGES"), all ground rents, maintenance charges ) as the same become due and similar charges, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Other Charges"), and all charges for utility services provided to the Property prior to the date on which interest or delinquency charges begins to accrue thereon or any non-payment thereof would result in the application of any penalties, provided however that taxes may be paid in installments to the extent permitted by the taxing authoritypayable. Borrower will deliver to Lender, promptly upon Lender's request, Lender receipts for payment or other evidence satisfactory to Lender that the Taxes, Taxes and Other Charges and utility service charges have been so paid or are not then delinquentdelinquent no later than the date on which the Taxes and/or Other Charges would otherwise be delinquent if not paid; provided, however, Borrower shall not be required to deliver to Lender such evidence of payment with respect to any Taxes or Other Charges that are paid by Lender pursuant to paragraph 6 hereof. Borrower shall not suffer and shall promptly cause to be paid and discharged any lien or charge whatsoever which may be or become a lien or charge against the Trust Property. Except , and shall promptly pay for all utility services provided to the extent sums sufficient to pay all Taxes and Other Charges have been deposited with Lender in accordance with the terms of this Security Instrument, Borrower shall furnish to Lender paid receipts for the payment of the Taxes and Other Charges prior to the date the same shall become delinquentTrust Property.

Appears in 3 contracts

Samples: Waiver and Agreement (Maguire Properties Inc), Cash Management Agreement (Maguire Properties Inc), Waiver and Agreement (Maguire Properties Inc)

Payment of Taxes, Etc. (a) Borrower shall pay or cause to be paid all taxes, assessments, water rates, sewer rents, governmental impositions, and other charges, including without limitation vault charges and license fees for the use of vaults, chutes and similar areas adjoining the Land, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Taxes"), all ground rents, maintenance charges and similar charges, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Other Charges"), and all charges for utility services provided to the Property prior to the date on which interest or delinquency charges begins to accrue thereon or any non-payment thereof would result in the application of any penalties, provided however provided, however, that taxes may be paid in installments to the extent permitted by the taxing authority. Borrower will deliver to Lender, promptly upon Lender's request, evidence satisfactory to Lender that the Taxes, Other Charges and utility service charges have been so paid or are not then delinquent. Borrower shall not suffer and shall promptly cause to be paid and discharged any lien or charge whatsoever which may be or become a lien or charge against the Property. Except to the extent sums sufficient to pay all Taxes and Other Charges have been deposited with Lender in accordance with the terms of this Security Instrument, Borrower shall furnish to Lender paid receipts for the payment of the Taxes and Other Charges prior to the date the same shall become delinquent.

Appears in 3 contracts

Samples: Trust and Security Agreement (Corporate Property Associates 15 Inc), Trust and Security Agreement (Corporate Property Associates 15 Inc), Trust and Security Agreement (Corporate Property Associates 15 Inc)

Payment of Taxes, Etc. (a) Subject to Borrower’s contest rights set forth in Section 31 below, Borrower shall pay or cause to be paid all taxes, assessments, water rates, rates and sewer rents, governmental now or hereafter levied or assessed or imposed against the Security Property or any part thereof (the “Taxes”) and all ground rents, maintenance charges, other impositions, and other charges, including including, without limitation limitation, vault charges and license fees for the use of vaults, chutes and similar areas adjoining the LandPremises, now or hereafter levied or assessed or imposed against the Security Property or any part thereof (the "Taxes"), all ground rents, maintenance charges and similar charges, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Other Charges"), ”) as the same become due and all charges for utility services provided to the Property prior to the date on which interest or delinquency charges begins to accrue thereon or any non-payment thereof would result in the application of any penalties, provided however that taxes may be paid in installments to the extent permitted by the taxing authoritypayable. Borrower will deliver to Lender, promptly upon Lender's request, Lender receipts for payment or other evidence satisfactory to Lender that the Taxes, Taxes and Other Charges and utility service charges have been so paid or are not then delinquentdelinquent no later than ten (10) days prior to the date on which the Taxes and/or Other Charges would otherwise be delinquent if not paid. Borrower shall not suffer and shall promptly cause to be paid and discharged any lien or charge whatsoever which may be or become a lien or charge against the Security Property, and shall promptly pay for all utility services provided to the Security AMENDED AND RESTATED MORTGAGE, SECURITY AGREEMENT AND FIXTURE FINANCING STATEMENT - Page 9 43412-20/Continental Towers Property. Except to the extent sums sufficient to pay all Taxes and Other Charges have been deposited with Lender in accordance with the terms of this Security Instrument, Borrower shall furnish to Lender paid receipts for the payment of the Taxes and the Other Charges prior to the date the same shall become delinquentdelinquent (provided, however, that Borrower is not required to furnish such receipts for payment of Taxes in the event that such Taxes have been paid for by Lender pursuant to Section 6 hereof).

Appears in 2 contracts

Samples: Mortgage, Security Agreement and Fixture Financing Statement (Prime Group Realty Trust), Mortgage, Security Agreement and Fixture Financing Statement (Prime Group Realty Trust)

Payment of Taxes, Etc. (a) Borrower shall pay or cause to be paid all taxes, assessments, water rates, rates and sewer rents, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Taxes") and all ground rents, maintenance charges, other governmental impositions, and other charges, including without limitation vault charges and license fees for the use of vaults, chutes and similar areas adjoining the Land, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Taxes"), all ground rents, maintenance charges and similar chargesPremises, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Other Charges")) as same become due and payable. Upon written request from Xxxxxx, and all charges for utility services provided to the Property prior to the date on which interest or delinquency charges begins to accrue thereon or any non-payment thereof would result in the application of any penalties, provided however that taxes may be paid in installments to the extent permitted by the taxing authority. Borrower Xxxxxxxx will deliver to Lender, promptly upon Lender's request, Lender evidence satisfactory to Lender that the Taxes, Taxes and Other Charges and utility service charges have been so paid or are not then delinquent. Borrower shall not suffer and shall promptly cause to be paid and discharged any lien or charge whatsoever which may be or become a lien or charge against the Property. Except , and shall promptly pay for all utility services provided to the extent sums sufficient to pay all Taxes and Other Charges have been deposited with Lender in accordance with the terms of this Security Instrument, Property. Borrower shall furnish to Lender paid receipts for the payment of the Taxes and Taxes, Other Charges and said utility services prior to the date the same shall become delinquent. Notwithstanding the above, after prior written notice to Lender, Borrower, at its own expense, may contest by appropriate legal proceeding, promptly initiated and conducted in good faith and with due diligence, the amount or validity or application in whole or in part of any of the Taxes, provided that (i) no Event of Default under the Note or this Security Instrument shall have occurred and be continuing, (ii) Borrower is permitted to do so under the provisions of any mortgage or deed of trust or deed to secure debt superior or junior in lien to this Security Instrument, (iii) such proceeding shall suspend the collection of the Taxes from Borrower and from the Property, (iv) such proceeding shall be permitted under and be conducted in accordance with the provisions of any other instrument to which Borrower is subject and shall not constitute a default thereunder, (v) neither the Property nor any part thereof or interest therein will be in danger of being sold, forfeited, terminated, canceled or lost, (vi) Borrower shall have set aside adequate reserves for the payment of the Taxes, together with all interest and penalties thereon, and (vii) Borrower shall have furnished such security as may be reasonably required in the proceeding, or as may be requested by Lender to insure the payment of any such Taxes, together with all interest and penalties thereon.

Appears in 2 contracts

Samples: Trust and Security Agreement (Investors First Staged Equity L P), Record And (Investors First Staged Equity L P)

Payment of Taxes, Etc. (a) Borrower shall pay or cause to be paid all taxes, assessments, water rates, sewer rents, governmental impositions, and other charges, including without limitation vault charges and license fees for the use of vaults, chutes and similar areas adjoining the Land, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Taxes"), all ground rents, maintenance charges and similar charges, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Other Charges"), and all charges for utility services provided to the Property prior to the date on which interest or delinquency charges begins to accrue thereon or any non-payment thereof would result in time the application of any penalties, provided however that taxes may be paid in installments to the extent permitted by the taxing authoritysame become delinquent. Borrower will deliver to Lender, promptly upon Lender's Lxxxxx’s request, evidence satisfactory to Lender that the Taxes, Other Charges and utility service charges have been so paid or are not then delinquent. Borrower shall not suffer and shall promptly cause to be paid and discharged any lien or charge whatsoever which may be or become a lien or charge against the Property. Except to the extent sums sufficient to pay all Taxes and Other Charges have been deposited with Lender in accordance with the terms of this Security Instrument, Borrower shall furnish to Lender paid receipts for the payment of the Taxes and Other Charges prior to the date the same shall become delinquent.

Appears in 2 contracts

Samples: Mortgage and Security Agreement (Sun Communities Inc), Mortgage and Security Agreement (Sun Communities Inc)

Payment of Taxes, Etc. (a) Borrower Trustor shall pay or cause to be paid all taxes, assessments, water rates, rates and sewer rents, governmental impositionsnow or hereafter levied or assessed or imposed against the Trust Property or any part thereof (the "TAXES") and all ground rents, maintenance charges, other impositions and other charges, including including, without limitation limitation, vault charges and license fees for the use of vaults, chutes and similar areas adjoining the LandPremises, now or hereafter levied or assessed or imposed against the Trust Property or any part thereof (the "TaxesOTHER CHARGES"), all ground rents, maintenance charges ) as the same become due and similar charges, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Other Charges"), and all charges for utility services provided to the Property prior to the date on which interest or delinquency charges begins to accrue thereon or any non-payment thereof would result in the application of any penalties, provided however that taxes may be paid in installments to the extent permitted by the taxing authoritypayable. Borrower Trustor will deliver to Lender, promptly upon Lender's request, Beneficiary receipts for payment or other evidence satisfactory to Lender Beneficiary that the Taxes, Taxes and Other Charges and utility service charges have been so paid or are not then delinquentdelinquent no later than thirty (30) days prior to the date on which the Taxes and/or Other Charges would otherwise be delinquent if not paid. Borrower Trustor shall not suffer and shall promptly cause to be paid and discharged any lien or charge whatsoever which may be or become a lien or charge against the Trust Property, and shall promptly pay for all utility services provided to the Trust Property. Except to the extent sums sufficient to pay all Taxes and Other Charges have been deposited with Lender in accordance with the terms of this Security Instrument, Borrower Trustor shall furnish to Lender paid Beneficiary receipts for the payment of the Taxes and the Other Charges prior to the date the same shall become delinquentdelinquent (provided, however, that Trustor is not required to furnish such receipts for payment of Taxes in the event that such Taxes have been paid for by Beneficiary pursuant to Paragraph 6 hereof).

Appears in 2 contracts

Samples: And Security Agreement (First Potomac Realty Trust), And Security Agreement (First Potomac Realty Trust)

Payment of Taxes, Etc. (a) Borrower shall promptly pay or cause to be paid all taxes, assessments, water rates, sewer rents, governmental impositions, and other charges, including without limitation vault charges and license fees for the use of vaults, chutes and similar areas adjoining the Land, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Taxes"), all ground rents, maintenance charges and similar charges, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Other Charges"), and all charges for utility services provided to the Property prior to the date on which interest or delinquency charges begins to accrue thereon or any non-payment thereof would result in the application of any penalties, provided however that taxes may be paid in installments to the extent permitted by the taxing authorityas same become due and payable. Borrower will deliver to Lender, promptly upon Lender's request, evidence satisfactory to Lender that the Taxes, Other Charges and utility service charges have been so paid or are not then delinquent. Borrower shall not suffer and shall promptly cause to be paid and discharged any lien or charge whatsoever which may be or become a lien or charge against the Property. Except to the extent sums sufficient to pay all Taxes and Other Charges have been deposited with Lender in accordance with the terms of this Security Instrument, Borrower shall furnish to Lender paid receipts for the payment of the Taxes and Other Charges prior to the date the same shall become delinquent.

Appears in 2 contracts

Samples: Management Agreement (Sl Green Realty Corp), Mortgage and Security Agreement (Cedar Income Fund LTD /Md/)

Payment of Taxes, Etc. (a) Borrower shall pay (or cause to be paid paid) all taxes, assessments, water rates, sewer rents, governmental impositions, and other charges, including without limitation limitation, vault charges and license fees for the use of vaults, chutes and similar areas adjoining the Land, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Taxes"), all ground rents, maintenance charges and similar charges, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Other Charges"), and all charges for utility services provided to the Property prior to the date on which interest or delinquency charges begins to accrue thereon or any non-payment thereof would result in the application of any penalties, provided however that taxes may be paid in installments to the extent permitted by the taxing authorityas same become due and payable. Borrower will deliver to Lender, promptly upon Lender's ’s request, evidence satisfactory to Lender that the Taxes, Other Charges and utility service charges which Borrower is obligated to pay have been so paid or are not then delinquent. Borrower shall not suffer allow and shall promptly cause to be paid and discharged any lien or charge whatsoever all Taxes and Other Charges which may be or become a lien or charge against the Property. Except to the extent sums sufficient to pay all Taxes and Other Charges have been deposited with Lender in accordance with the terms of this Security Instrument, Borrower shall furnish to Lender paid receipts for the payment of the Taxes and Other Charges prior to the date the same shall become delinquent.

Appears in 2 contracts

Samples: Deed of Trust and Security Agreement (Inland American Real Estate Trust, Inc.), Deed of Trust and Security Agreement (Inland American Real Estate Trust, Inc.)

Payment of Taxes, Etc. (a) Borrower shall promptly pay or cause to be paid by the date same are initially payable all taxes, assessments, impact fees, levies, inspection and license fees, water rates, sewer rents, rents and other governmental impositions, including, without limitation, vault and other charges, including without limitation vault meter charges and license fees for the use of vaults, chutes and similar areas adjoining the Land, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Taxes") not paid from the Escrow Fund (hereinafter defined), all ground rents, maintenance charges and similar charges, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Other Charges"), and all charges for utility services provided to the Property prior to the date on which interest or delinquency charges begins to accrue thereon or any non-payment thereof would result in the application of any penalties, provided however that taxes may be paid in installments to the extent permitted by the taxing authorityas same become due and payable. Borrower will deliver to Lender, promptly upon Lender's requestreceipts or other, evidence satisfactory to Lender that the Taxes, Other Charges and utility service charges have been so paid or are not then delinquent. Borrower shall not suffer and shall promptly cause to be paid and discharged any lien or charge whatsoever whatsoever, which may be or become a lien or charge against the Property. Except , except to the extent sums sufficient to pay all Taxes and Other Charges have been deposited with Lender in accordance with the terms of this Security Instrument, Borrower shall furnish to Lender paid receipts for the payment of the Taxes and Other Charges prior to the date the same shall become delinquent.

Appears in 2 contracts

Samples: Convertible Promissory Notes        Agreement (Minrad International, Inc.), Mortgage and Security Agreement (Polymer Research Corp of America)

Payment of Taxes, Etc. (a) Borrower Mortgagor shall pay or cause to be paid all taxes, assessments, water rates, rates and sewer rents, now or hereafter levied or assessed or imposed against the Mortgaged Property or any part thereof (the "Taxes") and all ground rents, maintenance charges, other governmental impositions, and other charges, including including, without limitation limitation, vault charges and license fees for the use of vaults, chutes and similar areas adjoining the LandPremises, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Taxes"), all ground rents, maintenance charges and similar charges, now or hereafter levied or assessed or imposed against the Mortgaged Property or any part thereof (the "Other Charges")) as same become due and payable. Upon written request from Mortgagee, and all charges for utility services provided to the Property prior to the date on which interest or delinquency charges begins to accrue thereon or any non-payment thereof would result in the application of any penalties, provided however that taxes may be paid in installments to the extent permitted by the taxing authority. Borrower Mortgagor will deliver to Lender, promptly upon Lender's request, Mortgagee evidence satisfactory to Lender Mortgagee that the Taxes, Taxes and Other Charges and utility service charges have been so paid or are not then delinquent. Borrower Mortgagor shall not suffer and shall promptly cause to be paid and discharged any lien or charge whatsoever which may be or become a lien or charge against the Mortgaged Property, and shall promptly pay for all utility services provided to the Mortgaged Property. Except to the extent sums sufficient to pay all Taxes and Other Charges have been deposited with Lender in accordance with the terms of this Security Instrument, Borrower Mortgagor shall furnish to Lender paid Mortgagee receipts for the payment of the Taxes and Taxes, Other Charges and said utility services prior to the date the same shall become delinquent. Notwithstanding the above, after prior written notice to Mortgagee, Mortgagor, at its own expense, may contest by appropriate legal proceeding, promptly initiated and conducted in good faith and with due diligence, the amount or validity or application in whole or in part of any of the Taxes, provided that (i) no Event of Default under the Note or this Mortgage shall have occurred and be continuing, (ii) such proceeding shall suspend the collection of the Taxes from Mortgagor and from the Mortgaged Property, (iii) such proceeding shall be permitted under and be conducted in accordance with the provisions of any other instrument to which Mortgagor is subject and shall not constitute a default thereunder, (iv) neither the Mortgaged Property nor any part thereof or interest therein will be in danger of being sold, forfeited, terminated, canceled or lost, (v) Mortgagor shall have set aside adequate reserves for the payment of the Taxes, together with all interest and penalties thereon, and (vi) Mortgagor shall have furnished such security as may be reasonably required in the proceeding, or as may be requested by Mortgagee to insure the payment of any such Taxes, together with all interest and penalties thereon.

Appears in 2 contracts

Samples: First Mortgage and Security Agreement (Century Properties Fund Xvi), First Mortgage and Security Agreement (Century Properties Fund Xii)

Payment of Taxes, Etc. (a) Subject to the provisions of Sections 3.4(b) and 3.5 hereof, Borrower shall pay or cause to be paid all taxes, assessments, water rates, sewer rents, governmental impositions, and other charges, including without limitation vault charges and license fees for the use of vaults, chutes and similar areas adjoining the Land, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Taxes"), all ground rents, maintenance charges and similar charges, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Other Charges"), and all charges for utility services provided to the Property prior to the date on which interest or delinquency charges begins to accrue thereon or any non-payment thereof would result in the application of any penalties, provided however that taxes may be paid in installments to the extent permitted by the taxing authoritysame becoming delinquent. Borrower will deliver to Lender, promptly upon Lender's ’s written request, evidence satisfactory to Lender that the Taxes, Other Charges and utility service charges have been so paid or are not then delinquent. Borrower shall not suffer and shall promptly cause to be paid and discharged any lien or charge whatsoever which may be or become a lien or charge against the PropertyProperty arising out of such Taxes, Other Charges and utility service charges. Except to the extent sums sufficient to pay all Taxes and Other Charges have been deposited with Lender in accordance with the terms of this Security Instrument, Borrower shall furnish to Lender Lender, promptly upon Lender’s written request, paid receipts for the payment of the Taxes and Other Charges prior to the date the same shall become delinquentCharges.

Appears in 2 contracts

Samples: Non Disturbance and Attornment Agreement (American Assets Trust, Inc.), Deed of Trust and Security Agreement (American Assets Trust, Inc.)

Payment of Taxes, Etc. (a) Borrower Mortgagor shall pay or cause to be paid by their due date all taxes, assessments, water rates, sewer rents, governmental impositions, and other charges, including including, without limitation limitation, vault charges and license fees for the use of vaults, chutes and similar areas adjoining the Land, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Taxes"), all ground rents, maintenance charges and similar charges, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Other Charges"), and all charges for utility services provided to the Property prior to the date on which interest or delinquency charges begins to accrue thereon or any non-payment thereof would result in the application of any penalties, provided however that taxes may be paid in installments to the extent permitted by the taxing authorityas same become due and payable. Borrower Mortgagor will deliver to Lender, promptly upon Lender's request, evidence satisfactory to Lender that the Taxes, Other Charges and utility service charges have been so paid or are not then delinquent. Borrower Mortgagor shall not suffer and shall promptly cause to be paid and discharged any lien or charge whatsoever which may be or become a lien or charge against the Property. Except to the extent sums sufficient to pay all Taxes and Other Charges have been deposited with Lender in accordance with the terms of this Security Instrument, Borrower Mortgagor shall furnish to Lender paid receipts for the payment of the Taxes and Other Charges prior to the date the same shall become delinquent.

Appears in 2 contracts

Samples: Guaranty and Suretyship Agreement (Cv Reit Inc), Real Estate Purchase Agreement (Cv Reit Inc)

Payment of Taxes, Etc. (a) Borrower shall pay or cause to be paid all taxes, assessments, water rates, sewer rents, governmental impositions, and other charges, including without limitation limitation, vault charges and license fees for the use of vaults, chutes and similar areas adjoining the Land, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Taxes"), all ground rents, maintenance charges and similar charges, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Other Charges"), and all charges for utility services provided to the Property prior to the date on which interest or delinquency charges begins to accrue thereon or any non-payment thereof would result in the application of any penalties, provided however that taxes may be paid in installments to the extent permitted by the taxing authorityas same become due and payable. Borrower will deliver to Lender, promptly upon Lender's ’s request, evidence satisfactory to Lender that the Taxes, Other Charges and utility service charges have been so paid or are not then delinquent. Borrower shall not suffer allow and shall promptly cause to be paid and discharged any lien or charge whatsoever which may be or become a lien or charge against the Property. Except to the extent sums sufficient to pay all Taxes and Other Charges have been deposited with Lender in accordance with the terms of this Security Instrument, Borrower shall furnish to Lender paid receipts for the payment of the Taxes and Other Charges prior to the date the same shall become delinquent.

Appears in 2 contracts

Samples: Mortgage and Security Agreement (Gladstone Commercial Corp), Deed of Trust and Security Agreement (Republic Property Trust)

Payment of Taxes, Etc. (a) Borrower shall pay or cause to be paid by their due date all taxes, assessments, water rates, sewer rents, governmental impositions, and other charges, including including, without limitation limitation, vault charges and license fees for the use of vaults, chutes and similar areas adjoining the Land, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "TaxesTAXES"), all ground rents, maintenance charges and similar charges, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Other ChargesOTHER CHARGES"), and all charges for utility services provided to the Property prior to the date on which interest or delinquency charges begins to accrue thereon or any non-payment thereof would result in the application of any penalties, provided however that taxes may be paid in installments to the extent permitted by the taxing authorityas same become due and payable. Borrower will shall deliver to Lender, promptly upon Lender's request, evidence satisfactory to Lender that the Taxes, Other Charges Charges, and utility service charges have been so paid or are not then delinquent. Borrower shall not suffer and shall promptly cause to be paid and discharged any lien or charge whatsoever which may be or become a lien or charge against the Property. Except to the extent sums sufficient to pay all Taxes and Other Charges have been deposited with Lender in accordance with the terms of this Security Instrument, Borrower shall furnish to Lender paid receipts for the payment of the Taxes and Other Charges prior to the date the same shall become delinquent.

Appears in 2 contracts

Samples: Glimcher Realty Trust, Glimcher Realty Trust

Payment of Taxes, Etc. (a) Borrower shall promptly pay or cause to be paid all taxes, assessments, water rates, sewer rents, governmental impositions, and other charges, including without limitation vault charges and license fees for the use of vaults, chutes and similar areas adjoining the Land, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Taxes"), all ground rents, maintenance charges and similar charges, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Other Charges"), and all charges for utility services provided to the Property prior to the date on which interest or delinquency charges begins to accrue thereon or any non-payment thereof would result in the application of any penalties, provided however that taxes may be paid in installments to the extent permitted by the taxing authorityas same become due and payable. Borrower will deliver to Lender, promptly upon Lender's reasonable request, evidence reasonably satisfactory to Lender that the Taxes, Other Charges and utility service charges have been so paid or are not then delinquent. Borrower shall not suffer and shall promptly cause to be paid and discharged any lien or charge whatsoever which may be or become a lien or charge against the Property. Except to the extent sums sufficient to pay all Taxes and Other Charges have been deposited with Lender in accordance with the terms of this Security Instrument, Borrower shall furnish to Lender paid receipts for the payment of the Taxes and Other Charges prior to the date the same shall become delinquent.

Appears in 2 contracts

Samples: Security Agreement (Associated Estates Realty Corp), Aerc Muirwood (Associated Estates Realty Corp)

Payment of Taxes, Etc. (a) Borrower shall pay or cause to be paid by their due date all taxes, assessments, water rates, sewer rents, governmental impositions, and other charges, including including, without limitation limitation, vault charges and license fees for the use of vaults, chutes and similar areas adjoining the Land, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Taxes"), all ground rents, maintenance charges and similar charges, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Other Charges"), and all charges for utility services provided to the Property prior to the date on which interest or delinquency charges begins to accrue thereon or any non-payment thereof would result in the application of any penalties, provided however that taxes may be paid in installments to the extent permitted by the taxing authorityas same become due and payable. Borrower will deliver to Lender, promptly upon Lender's request, evidence satisfactory to Lender that the Taxes, Other Charges and utility service charges have been so paid or are not then delinquent. Borrower shall not suffer and shall promptly cause to be paid and discharged any lien or charge whatsoever which may be or become a lien or charge against the Property. Except to the extent sums sufficient to pay all Taxes and Other Charges have been deposited with Lender in accordance with the terms of this Security Instrument, Borrower shall furnish to Lender paid receipts for the payment of the Taxes and Other Charges prior to the date the same shall become delinquent.

Appears in 2 contracts

Samples: Security Agreement (Ramco Gershenson Properties Trust), Contribution Agreement (Cv Reit Inc)

Payment of Taxes, Etc. (a) Borrower Mortgagor shall pay or cause to be paid all taxes, assessments, water rates, rates and sewer rents, now or hereafter levied or assessed or imposed against the Mortgaged Property or any part thereof (the “Taxes“) and all ground rents, maintenance charges, other governmental impositions, and other charges, including including, without limitation limitation, vault charges and license fees (collectively, “Other Charges“) for the use of vaults, chutes and similar areas adjoining the LandReal Property, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Taxes"), all ground rents, maintenance charges as same become due and similar charges, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Other Charges"), and all charges for utility services provided to the Property prior to the date on which interest or delinquency charges begins to accrue thereon or any non-payment thereof would result in the application of any penalties, provided however that taxes may be paid in installments to the extent permitted by the taxing authoritypayable. Borrower Mortgagor will deliver to LenderMortgagee, promptly upon Lender's Mortgagee’s request, evidence satisfactory to Lender Mortgagee that the Taxes, Taxes and Other Charges and utility service charges have been so paid or and are not then delinquent. Borrower Mortgagor shall not suffer or permit any lien or charge (including, without limitation, any mechanic’s lien) against all or any part of the Mortgaged Property and Mortgagor shall promptly cause to be paid and discharged any lien or charge whatsoever which may be or become a lien or charge against the Mortgaged Property. Except Mortgagor shall promptly pay for all utility services provided to the extent sums sufficient Mortgaged Property. In addition, Mortgagee may, at its option, retain the services of a firm to pay all Taxes and Other Charges have been deposited with Lender in accordance with the terms of this Security Instrument, Borrower shall furnish to Lender paid receipts for monitor the payment of Taxes, the Taxes and Other Charges prior to the date the same cost of which shall become delinquentbe borne by Mortgagor.

Appears in 2 contracts

Samples: Rents and Security Agreement (FSP 303 East Wacker Drive Corp.), Leases and Rents and Security Agreement and Fixture Filing (Inland Diversified Real Estate Trust, Inc.)

Payment of Taxes, Etc. (a) Subject to the provisions of Sections 3.4(b) and 3.5 hereof, Borrower shall pay or cause to be paid all taxes, assessments, water rates, sewer rents, governmental impositions, and other charges, including without limitation vault charges and license fees for the use of vaults, chutes and similar areas adjoining the Land, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Taxes"), all ground rents, assessments, maintenance charges and similar charges, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Other Charges"), and all charges for utility services provided to the Property prior to the date on which interest or delinquency charges begins to accrue thereon or any non-payment thereof would result in the application of any penalties, provided however that taxes may be paid in installments to the extent permitted by the taxing authoritysame becoming delinquent. Borrower will deliver to Lender, promptly upon Lender's ’s written request, evidence satisfactory to Lender that the Taxes, Other Charges and utility service charges have been so paid or are not then delinquent. Borrower shall not suffer and shall promptly cause to be paid and discharged any lien or charge whatsoever which may be or become a lien or charge against the PropertyProperty arising out of such Taxes, Other Charges and utility service charges. Except to the extent sums sufficient to pay all Taxes and Other Charges have been deposited with Lender in accordance with the terms of this Security Instrument, Borrower shall furnish to Lender Lender, promptly upon Lender’s written request, paid receipts for the payment of the Taxes and Other Charges prior to the date the same shall become delinquentCharges.

Appears in 2 contracts

Samples: Deed of Trust and Security Agreement (American Assets Trust, Inc.), Disturbance and Attornment Agreement (American Assets Trust, Inc.)

Payment of Taxes, Etc. (a) Borrower shall pay or cause to be paid all taxes, assessments, water rates, sewer rents, governmental impositions, and other charges, including without limitation vault charges and license fees for the use of vaults, chutes and similar areas adjoining the Land, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Taxes"), all ground rents, maintenance charges and similar charges, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Other Charges"), and all charges for utility services provided to the Property prior to the date on which interest or delinquency charges begins to accrue thereon or any non-payment thereof would result in the application of any penalties, provided however provided, however, that taxes may be paid in installments to the extent permitted by the taxing authority. Borrower will deliver to Lender, promptly upon LenderXxxxxx's request, evidence satisfactory to Lender that the Taxes, Other Charges and utility service charges have been so paid or are not then delinquent. Borrower shall not suffer and shall promptly cause to be paid and discharged any lien or charge whatsoever which may be or become a lien or charge against the Property. Except to the extent sums sufficient to pay all Taxes and Other Charges have been deposited with Lender in accordance with the terms of this Security Instrument, Borrower shall furnish to Lender paid receipts for the payment of the Taxes and Other Charges prior to the date the same shall become delinquent.

Appears in 2 contracts

Samples: Trust and Security Agreement (Corporate Property Associates 15 Inc), Corporate Property Associates 15 Inc

Payment of Taxes, Etc. (a) Borrower shall pay (or cause to be paid paid) all taxes, assessments, water rates, sewer rents, governmental impositions, and other charges, including without limitation limitation, vault charges and license fees for the use of vaults, chutes and similar areas adjoining the Land, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Taxes"), all ground rents, maintenance charges and similar charges, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Other Charges"), and all charges for utility services provided to the Property prior to the date on which interest or delinquency charges begins to accrue thereon or any non-payment thereof would result in the application of any penalties, provided however that taxes may be paid in installments to the extent permitted by the taxing authorityas same become due and payable. Borrower will deliver to Lender, promptly upon Lender's Xxxxxx’s request, evidence satisfactory to Lender that the Taxes, Other Charges and utility service charges which Borrower is obligated to pay have been so paid or are not then delinquent. Borrower shall not suffer allow and shall promptly cause to be paid and discharged any lien or charge whatsoever all Taxes and Other Charges which may be or become a lien or charge against the Property. Except to the extent sums sufficient to pay all Taxes and Other Charges have been deposited with Lender in accordance with the terms of this Security Instrument, Borrower shall furnish to Lender paid receipts for the payment of the Taxes and Other Charges prior to the date the same shall become delinquent.

Appears in 2 contracts

Samples: Trust and Security Agreement (Inland American Real Estate Trust, Inc.), Trust and Security Agreement (Inland American Real Estate Trust, Inc.)

Payment of Taxes, Etc. (a) Borrower shall promptly pay or cause to be paid all taxes, assessments, water rates, sewer rents, governmental impositions, and other charges, including without limitation vault charges and license fees for the use of vaults, chutes and similar areas adjoining the Land, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Taxes"), all ground rents, maintenance charges and similar charges, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Other Charges"), and all charges for utility services provided to the Property prior to the date on which interest or delinquency charges begins begin to accrue thereon or any non-payment thereof would result in the application of any penalties, provided however that taxes may be paid in installments to the extent permitted by the taxing authority. Borrower will deliver to Lender, promptly upon Lender's request, evidence satisfactory to Lender that the Taxes, Other Charges and utility service charges have been so paid or are not then delinquent. Borrower shall not suffer and shall promptly cause to be paid and discharged any lien or charge whatsoever which may be or become a lien or charge against the Property. Except to the extent sums sufficient to pay all Taxes and Other Charges have been deposited with Lender in accordance with the terms of this Security Instrument, Borrower shall furnish to Lender paid receipts for the payment of the Taxes and Other Charges prior to the date the same shall become delinquent.

Appears in 2 contracts

Samples: Mortgage and Security Agreement (Corporate Property Associates 15 Inc), Mortgage and Security Agreement (Corporate Property Associates 15 Inc)

Payment of Taxes, Etc. (a) Borrower shall pay or cause to be paid all All taxes, assessments, assessments and water rates, and sewer rents, now or hereafter levied or assessed or imposed against the Mortgaged Property or any part thereof (the "Taxes") shall be paid by Mortgagor when due. Mortgagor shall ----- pay all ground rents, maintenance charges, other governmental impositions, and other charges, including without limitation vault charges and license fees for the use of vaults, chutes and similar areas adjoining the LandMortgaged Property, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Taxes"), all ground rents, maintenance charges and similar charges, now or hereafter levied or assessed or imposed against the Mortgaged Property or any part thereof (the "Other Charges"), ) as the same become due and all charges for utility services provided to the Property prior to the date on which interest or delinquency charges begins to accrue thereon or any non-payment thereof would result in the application of any penalties, provided however that taxes may be paid in installments to the extent permitted by the taxing authoritypayable. Borrower ------------- Mortgagor will deliver to LenderMortgagee, promptly upon Lender's requestafter same are made available to Mortgagor, tax certificates or receipted tax bills or other evidence satisfactory to Lender of payment issued by the relevant taxing authority evidencing that the Taxes, Taxes and Other Charges and utility service charges have been so paid or are not then delinquent. Borrower Mortgagor shall not suffer and shall promptly cause to be paid and or discharged any lien or charge whatsoever which may be or become a lien or charge against the Property. Except Mortgaged Property (other than a Permitted Encumbrance), and shall promptly pay for all utility services provided to the extent sums sufficient to pay all Taxes and Other Charges have been deposited with Lender in accordance with the terms of this Security Instrument, Borrower shall furnish to Lender paid receipts for the payment of the Taxes and Other Charges prior to the date the same shall become delinquentMortgaged Property.

Appears in 1 contract

Samples: Afc Enterprises Inc

Payment of Taxes, Etc. (a) Subject to the provisions of paragraph 6 hereof, Borrower shall pay or cause to be paid all taxes, assessments, water rates, rates and sewer rents, governmental now or hereafter levied or assessed or imposed against the Trust Property or any part thereof (the “TAXES”) on or before the last date prior to which any interest, late fees or penalties would begin to accrue (the “DELINQUENCY DATE”) and all ground rents, maintenance charges, other impositions, and other charges, including including, without limitation limitation, vault charges and license fees for the use of vaults, chutes and similar areas adjoining the LandPremises, now or hereafter levied or assessed or imposed against the Trust Property or any part thereof (the "Taxes"), all ground rents, maintenance charges “OTHER CHARGES”) as the same become due and similar charges, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Other Charges"), and all charges for utility services provided to the Property prior to the date on which interest or delinquency charges begins to accrue thereon or any non-payment thereof would result in the application of any penalties, provided however that taxes may be paid in installments to the extent permitted by the taxing authoritypayable. Borrower will deliver to Lender, promptly upon Lender's request, Lender receipts for payment or other evidence satisfactory to Lender that the Taxes, Taxes and Other Charges and utility service charges have been so paid or are not then delinquentdelinquent no later than the date on which the Taxes and/or Other Charges would otherwise be delinquent if not paid; provided, however, Borrower shall not be required to deliver to Lender such evidence of payment with respect to any Taxes or Other Charges that are paid by Lender pursuant to paragraph 6 hereof. Borrower shall not suffer and shall promptly cause to be paid and discharged any lien or charge whatsoever which may be or become a lien or charge against the Trust Property. Except , and shall promptly pay for all utility services provided to the extent sums sufficient to pay all Taxes and Other Charges have been deposited with Lender in accordance with the terms of this Security Instrument, Borrower shall furnish to Lender paid receipts for the payment of the Taxes and Other Charges prior to the date the same shall become delinquentTrust Property.

Appears in 1 contract

Samples: Security Agreement and Fixture Filing (MPG Office Trust, Inc.)

Payment of Taxes, Etc. (a) Borrower Subject to the provisions of Section 27 hereof and the applicable provisions of the Loan Agreement, Mortgagor shall pay or cause to be paid all Impositions (including, without limitation, all taxes, assessments, water rates, rates and sewer rents, governmental impositions) now or hereafter levied or assessed or imposed against the Mortgaged Property or any part thereof, and other all ground rents, maintenance charges, including other governmental impositions and other charges (including, without limitation limitation, vault charges and license fees for the use of vaults, chutes and similar areas adjoining the Land), now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Taxes"), all ground rents, maintenance charges and similar charges, now or hereafter levied or assessed or imposed against the Mortgaged Property or any part thereof (the "Other Charges"), as the same become due and all charges for utility services provided payable. Subject to the Property prior to terms of the date on which interest or delinquency charges begins to accrue thereon or any non-payment thereof would result in the application of any penaltiesLoan Agreement, provided however that taxes may be paid in installments to the extent permitted by the taxing authority. Borrower Mortgagor will deliver to Lender, promptly upon Lender's request, Mortgagee evidence satisfactory to Lender Mortgagee that the Taxes, Impositions and Other Charges and utility service charges have been so paid or are not then delinquentdelinquent no later than thirty (30) days following the date on which the Impositions and/or Other Charges would otherwise be delinquent if not paid. Borrower Mortgagor shall not suffer and shall promptly cause to be paid and discharged any lien or charge whatsoever (other than Permitted Encumbrances) which may be or become a lien or charge against the Mortgaged Property. Except , and shall promptly pay for all utility services provided to the extent sums sufficient to pay all Taxes and Other Charges have been deposited with Lender in accordance with the terms of this Security Instrument, Borrower shall furnish to Lender paid receipts for the payment of the Taxes and Other Charges prior to the date the same shall become delinquentMortgaged Property.

Appears in 1 contract

Samples: Echelon International Corp

Payment of Taxes, Etc. (a) Borrower Except as otherwise provided in Paragraph 16 hereof, Grantor shall pay pay, prior to the date upon which any fine, penalty, interest or cause to cost may be paid added thereto or imposed by law for the nonpayment thereof, all taxes, assessments, water rates, sewer rents, governmental impositions, rents and other charges, including without limitation vault charges and license fees for the use of vaults, chutes and similar areas adjoining the LandReal Property or the Improvements, of any kind or nature whatsoever, ordinary or extraordinary, now or hereafter levied or levied, assessed or imposed upon or which constitute a lien upon or against the Real Property or the Improvements or any part portion thereof (collectively, the "TaxesTAXES"). Grantor shall deliver to Mortgagee promptly after request therefor by Mortgagee, all ground rentsreceipted bills or cancelled checks evidencing the payment of prior taxes to the date upon which any fine, maintenance charges and similar chargespenalty, now interest or hereafter levied or assessed cost may be added thereto or imposed against by law for the Property or nonpayment thereof. In the case of any part assessment payable in installments, each installment thereof (the "Other Charges"), and all charges for utility services provided to the Property shall be paid prior to or on the date on which such installment becomes due and payable without imposition of any fine, penalty, interest or delinquency charges begins cost. Grantor shall not be entitled to accrue thereon any credit on the Notes or any non-payment thereof would result in the application of any penalties, provided however that taxes may be paid in installments to the extent permitted by the taxing authority. Borrower will deliver to Lender, promptly upon Lender's request, evidence satisfactory to Lender that the Taxes, Other Charges and utility service charges have been so paid or are not then delinquent. Borrower shall not suffer and shall promptly cause to be paid and discharged any lien or charge whatsoever other sums which may be or become a lien or charge against the Property. Except to the extent sums sufficient to pay all Taxes and Other Charges have been deposited with Lender in accordance with payable under the terms thereof or hereof, or otherwise, by reason of this Security Instrument, Borrower shall furnish to Lender paid receipts for the payment of the Taxes and Other Charges prior to the date the same shall become delinquentTaxes.

Appears in 1 contract

Samples: Louisiana Casino Cruises Inc

Payment of Taxes, Etc. (a) Subject to Borrower's contest rights set forth in Section 31 below, Borrower shall pay or cause to be paid all taxes, assessments, water rates, rates and sewer rents, governmental now or hereafter levied or assessed or imposed against the Security Property or any part thereof (the "Taxes") and all ground rents, maintenance charges, other impositions, and other charges, including including, without limitation limitation, vault charges and license fees for the use of vaults, chutes and similar areas adjoining the LandPremises, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Taxes"), all ground rents, maintenance charges and similar charges, now or hereafter levied or assessed or imposed against the Security Property or any part thereof (the "Other Charges"), ) as the same become due and all charges for utility services provided to the Property prior to the date on which interest or delinquency charges begins to accrue thereon or any non-payment thereof would result in the application of any penalties, provided however that taxes may be paid in installments to the extent permitted by the taxing authoritypayable. Borrower will deliver to Lender, promptly upon Lender's request, Lender receipts for payment or other evidence satisfactory to Lender that the Taxes, Taxes and Other Charges and utility service charges have been so paid or are not then delinquentdelinquent no later than ten (10) days prior to the date on which the Taxes and/or Other Charges would otherwise be delinquent if not paid. Borrower shall not suffer and shall promptly cause to be paid and discharged any lien or charge whatsoever which may be or become a lien or charge against the Security Property, and shall promptly pay for all utility services provided to the Security Property. Except to the extent sums sufficient to pay all Taxes and Other Charges have been deposited with Lender in accordance with the terms of this Security Instrument, Borrower shall furnish to Lender paid receipts for the payment of the Taxes and the Other Charges prior to the date the same shall become delinquentdelinquent (provided, however, that Borrower is not required to furnish such receipts for payment of Taxes in the event that such Taxes have been paid for by Lender pursuant to Section 6 hereof).

Appears in 1 contract

Samples: Mortgage, Security Agreement and Fixture Financing Statement (Prime Group Realty Trust)

Payment of Taxes, Etc. (a) Borrower shall promptly pay or cause to be paid ----------------------- all taxes, assessments, water rates, sewer rents, governmental impositions, and other charges, including without limitation vault charges and license fees for the use of vaults, chutes and similar areas adjoining the Land and/or the Leased Land, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Taxes"), all ground rentsrents payable under the Ground Lease (the "Ground Rents"), maintenance charges and similar charges, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Other Charges"), and all charges for utility services (other than those specifically billed to, and payable by, tenants) provided to the Property prior to the date on which interest or delinquency charges begins to accrue thereon or any non-payment thereof would result in the application of any penalties, provided however that taxes may be paid in installments to the extent permitted by the taxing authorityas same become due and payable. Borrower will deliver to Lender, promptly upon Lender's request, evidence reasonably satisfactory to Lender that the Taxes, Other Charges and utility service charges have been so paid or are not then delinquent. Borrower shall not suffer and shall promptly cause to be paid and discharged any lien or charge whatsoever which may be or become a lien or charge against the Property. Except to the extent sums sufficient to pay all Taxes and Other Charges have been deposited with Lender in accordance with the terms of this Security Instrument, Borrower Borrower, upon Lender's request, shall furnish to Lender paid receipts (or, if paid receipts are not available, other evidence reasonably satisfactory to Lender) for the payment of the Taxes and Other Charges prior to the date the same shall become delinquent.

Appears in 1 contract

Samples: Agreement (Sl Green Realty Corp)

Payment of Taxes, Etc. (a) Borrower shall pay or cause to be paid all taxes, assessments, water rates, sewer rents, governmental impositions, and other charges, including without limitation vault charges and license fees for the use of vaults, chutes and similar areas adjoining the Land, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Taxes"), all ground rents, maintenance charges and similar charges, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Other Charges"), and all charges for utility services provided to the Property (the “Utility Charges”) prior to the date on which interest or delinquency charges begins to accrue thereon or any non-payment thereof would result in the application of any penalties, provided however that taxes may be paid in installments to the extent permitted by the taxing authoritysame becoming delinquent. Borrower will deliver to Lender, promptly upon Lender's ’s request, evidence reasonably satisfactory to Lender that the Taxes, Other Charges and utility service charges Utility Charges have been so paid or are not then delinquent. Subject to Borrower’s right to contest such liens and charges as provided in Section 3.4(b) below, other than any Permitted Encumbrances, Borrower shall not suffer and shall promptly cause to be paid and discharged any lien or charge whatsoever which may be or become a lien or charge against the Property. Except to the extent sums sufficient to pay all Taxes Taxes, Other Charges and Other Utility Charges have been deposited with Lender in accordance with the terms of this Security Instrument, Borrower shall furnish to Lender paid receipts for the payment of the Taxes Taxes, Other Charges and Other Utility Charges prior to the date the same shall become delinquent.

Appears in 1 contract

Samples: Security Agreement (Talon Real Estate Holding Corp.)

Payment of Taxes, Etc. (a) Borrower shall pay or cause to be paid all All taxes, assessments, assessments and water rates, and sewer rents, now or hereafter levied or assessed or imposed against the Mortgaged Property or any part thereof (the "TAXES") and all premiums relative to the Policies of insurance required under paragraph 3 above shall be paid when due in the manner provided in paragraph 4 of this Mortgage. Mortgagor shall pay all rents, maintenance charges, other governmental impositions, and other charges, including without limitation vault charges and license fees for the use of vaults, chutes the Property and similar areas any adjoining the Landareas, now or hereafter levied or assessed or imposed against the Mortgaged Property or any part thereof (the "TaxesOTHER CHARGES"), all ground rents, maintenance charges ) as the same become due and similar charges, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Other Charges"), and all charges for utility services provided to the Property prior to the date on which interest or delinquency charges begins to accrue thereon or any non-payment thereof would result in the application of any penalties, provided however that taxes may be paid in installments to the extent permitted by the taxing authoritypayable. Borrower Mortgagor will deliver to LenderMortgagee, promptly upon LenderMortgagee's request, evidence satisfactory to Lender Mortgagee that the Taxes, Taxes and Other Charges and utility service charges have been so paid or are not then delinquent. Borrower Mortgagor shall not suffer and shall promptly cause to be paid and or discharged any lien or charge whatsoever which may be or become a lien or charge against the Mortgaged Property, and shall promptly pay for all utility services provided to the Mortgaged Property. Except to the extent sums sufficient to pay all Taxes and Other Charges have been deposited with Lender in accordance with the terms of this Security Instrument, Borrower Mortgagor shall furnish to Lender paid Mortgagee or its designee receipts for the payment of the Taxes and Other Charges prior to the date the same shall become delinquent.

Appears in 1 contract

Samples: Trademark Security Agreement (Aqua Care Systems Inc /De/)

Payment of Taxes, Etc. (a) Subject to the provisions of Sections 3.4(b) and 3.5 hereof, Borrower shall pay or cause to be paid all taxes, assessments, water rates, sewer rents, governmental impositions, and other charges, including without limitation vault charges and license fees for the use of vaults, chutes and similar areas adjoining the Land, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Taxes"), all ground rentsrents (including, without limitation, any rents or other charges payable under the FHB Sublease), Assessments (defined below), maintenance charges and similar charges, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Other Charges"), and all charges for utility services provided to the Property prior to the date on which interest or delinquency charges begins to accrue thereon or any non-payment thereof would result in the application of any penalties, provided however that taxes may be paid in installments to the extent permitted by the taxing authoritysame becoming delinquent. Borrower will deliver to Lender, promptly upon Lender's ’s written request, evidence satisfactory to Lender that the Taxes, Other Charges and utility service charges have been so paid or are not then delinquent. Borrower shall not suffer and shall promptly cause to be paid and discharged any lien or charge whatsoever which may be or become a lien or charge against the PropertyProperty arising out of such Taxes, Other Charges and utility service charges. Except to the extent sums sufficient to pay all Taxes and Other Charges have been deposited with Lender in accordance with the terms of this Security Instrument, Borrower shall furnish to Lender Lender, promptly upon Lender’s written request, paid receipts for the payment of the Taxes and Other Charges prior to the date the same shall become delinquentCharges.

Appears in 1 contract

Samples: Security Agreement (American Assets Trust, Inc.)

Payment of Taxes, Etc. (a) Subject to the provisions of Section 3.4(b) below, Borrower shall promptly pay or cause to be paid all taxes, assessments, water rates, sewer rents, governmental impositions, and other charges, including without limitation vault charges and license fees for the use of vaults, chutes and similar areas adjoining the Land, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "TaxesTAXES"), all ground rents, maintenance charges and similar charges, sums now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Other ChargesOTHER CHARGES"), and all charges for utility services provided to the Property prior to the date on which interest or delinquency charges begins to accrue thereon or any non-payment thereof would result in the application of any penalties, provided however that taxes may be paid in installments to the extent permitted by the taxing authorityas same become due and payable. Borrower will deliver to Lender, promptly upon Lender's request, evidence satisfactory to Lender that the Taxes, Other Charges and utility service charges have been so paid or are not then delinquent. Borrower shall not suffer and shall promptly cause to be paid and discharged of record (or bonded and discharged of record) any lien or charge whatsoever which may be or become a lien or charge against the Property. Except to the extent sums sufficient to pay all Taxes and Other Charges have been deposited with Lender in accordance with the terms of this Security Instrument, Borrower shall furnish to Lender paid receipts for the payment of the Taxes and Other Charges prior to the date the same shall become delinquentany interest, penalties or additional fees are due in connection with any non-payment of such Taxes and Other Charges.

Appears in 1 contract

Samples: And Consolidated Mortgage and Security Agreement (Alexanders Inc)

Payment of Taxes, Etc. (a) Subject to the provisions of Section 3.4(b) and 3.5 hereof, Borrower shall pay or cause to be paid by their due date all taxes, assessments, water rates, sewer rents, governmental impositions, and other charges, including including, without limitation limitation, vault charges and license fees for the use of vaults, chutes and similar areas adjoining the Land, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Taxes"), all ground rents, maintenance charges and similar charges, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Other Charges"), and all charges for utility services provided to the Property prior to the date on which interest or delinquency charges begins to accrue thereon or any non-payment thereof would result in the application of any penalties, provided however that taxes may be paid in installments to the extent permitted by the taxing authorityas same become due and payable. Borrower will deliver to Lender, promptly upon Lender's request, evidence satisfactory to Lender that the Taxes, Other Charges and utility service charges have been so paid or are not then delinquent. Borrower shall not suffer and shall promptly cause to be paid and discharged any lien or charge whatsoever which may be or become a lien or charge against the PropertyProperty other than Permitted Exceptions. Except to the extent sums sufficient to pay all Taxes and Other Charges have been deposited with Lender in accordance with the terms of this Security Instrument, Borrower shall furnish to Lender paid receipts for the payment of the Taxes and Other Charges prior to the date the same shall become delinquent.

Appears in 1 contract

Samples: Loan Agreement (Price Enterprises Inc)

Payment of Taxes, Etc. (a) Borrower shall pay or cause to be paid all All taxes, assessments, assessments and water rates, and sewer rents, now or hereafter levied or assessed or imposed against the Mortgaged Property or any part thereof (the "Taxes") which are payable by Mortgagor under the Lease shall ----- be paid by Mortgagor when due. Mortgagor shall pay all ground rents, maintenance charges, other governmental impositions, and other charges, including without limitation vault charges and license fees for the use of vaults, chutes and similar areas adjoining the LandMortgaged Property, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Taxes"), all ground rents, maintenance charges and similar charges, now or hereafter levied or assessed or imposed against the Mortgaged Property or any part thereof (the "Other Charges"), ) which are payable by ------------- Mortgagor under the Lease as the same become due and all charges for utility services provided to the Property prior to the date on which interest or delinquency charges begins to accrue thereon or any non-payment thereof would result in the application of any penalties, provided however that taxes may be paid in installments to the extent permitted by the taxing authoritypayable. Borrower Mortgagor will deliver to LenderMortgagee, promptly upon Lender's requestafter same are made available to Mortgagor, tax certificates or receipted tax bills or other evidence satisfactory to Lender of payment issued by the relevant taxing authority evidencing that the Taxes, Taxes and Other Charges and utility service charges have been so paid or are not then delinquent. Borrower Mortgagor shall not suffer and shall promptly cause to be paid and or discharged any lien or charge whatsoever which may be or become a lien or charge against the Property. Except Mortgaged Property (other than a Permitted Encumbrance), and shall promptly pay for all utility services provided to the extent sums sufficient to pay all Taxes and Other Charges have been deposited with Lender in accordance with the terms of this Security Instrument, Borrower shall furnish to Lender paid receipts for the payment of the Taxes and Other Charges prior to the date the same shall become delinquentMortgaged Property.

Appears in 1 contract

Samples: Afc Enterprises Inc

Payment of Taxes, Etc. (a) Borrower Mortgagor shall pay or cause to be paid all taxes, assessments, water rates, rates and sewer rents, now or hereafter levied or assessed or imposed against the Mortgaged Property or any part thereof (the "Taxes") and all ground rents, maintenance charges, other governmental impositions, and other charges, including without limitation vault charges and license fees for the use of vaults, chutes and similar areas adjoining the LandPremises, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Taxes"), all ground rents, maintenance charges and similar charges, now or hereafter levied or assessed or imposed against the Mortgaged Property or any part thereof (the "Other Charges"), ) as same become due and all charges for utility services provided to the Property prior to the date on which interest or delinquency charges begins to accrue thereon or any non-payment thereof would result in the application of any penalties, provided however that taxes may be paid in installments to the extent permitted by the taxing authoritypayable. Borrower Mortgagor will deliver to LenderMortgagee, promptly upon LenderMortgagee's request, evidence satisfactory to Lender Mortgagee that the Taxes, Taxes and Other Charges and utility service charges have been so paid or are not then delinquent. Borrower Mortgagor shall not suffer and shall promptly cause to be paid and discharged any lien or charge whatsoever which may be or become a lien or charge against the Mortgaged Property, and shall promptly pay for all utility services provided to the Mortgaged Property. Except to the extent sums sufficient to pay all Taxes and Other Charges have been deposited with Lender in accordance with the terms of this Security Instrument, Borrower Mortgagor shall furnish to Lender paid Mortgagee receipts for the payment of the Taxes and Taxes, Other Charges and said utility services prior to the date the same shall become delinquent.

Appears in 1 contract

Samples: elstico.com

Payment of Taxes, Etc. (a) Borrower shall promptly pay or cause to be paid by their due date all taxes, assessments, water rates, sewer rents, rents and other governmental impositions, and other chargesincluding, including without limitation limitation, vault charges and license fees for the use of vaults, chutes and similar areas adjoining the Land, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Taxes") not paid from the Escrow Fund (defined in Section 4.5), all ground rents, maintenance charges and similar charges, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Other Charges"), and all charges for utility services provided to the Property prior to the date on which interest or delinquency charges begins to accrue thereon or any non-payment thereof would result in the application of any penalties, provided however that taxes may be paid in installments to the extent permitted by the taxing authorityas same become due and payable. Borrower will deliver to LenderTrustee/Collateral Agent, promptly upon LenderTrustee/Collateral Agent's request, evidence satisfactory to Lender Trustee/Collateral Agent that the Taxes, Other Charges and utility service charges have been so paid or are not then delinquent. Borrower shall not suffer and shall promptly cause to be paid and discharged any lien or charge whatsoever which may be or become a lien or charge against the Property. Except to the extent sums sufficient to pay all Taxes and Other Charges have been deposited with Lender Trustee/Collateral Agent in accordance with the terms of this Security Instrument, Borrower shall furnish to Lender Trustee/Collateral Agent paid receipts for the payment of the Taxes and Other Charges prior to the date the same shall become delinquent.

Appears in 1 contract

Samples: Mortgage, Security Agreement and Fixture Filing (Globix Corp)

Payment of Taxes, Etc. (a) Borrower shall, or shall cause the Property Owner to, promptly pay or cause to be paid all taxes, assessments, water rates, sewer rents, governmental impositions, and other charges, including without limitation vault charges and license fees for the use of vaults, chutes and similar areas adjoining the Land, now or hereafter levied or assessed or imposed against the respective Property or any part thereof (the "Taxes"), all ground rents, maintenance charges and similar charges, now or hereafter levied or assessed or imposed against the respective Property or any part thereof (the "Other Charges"), and all charges for utility services provided to the Property prior to the date on which interest or delinquency charges begins to accrue thereon or any non-payment thereof would result in the application of any penalties, provided however that taxes may be paid in installments to the extent permitted by the taxing authorityas same become due and payable. Borrower will, or will cause Property Owner to, deliver to Lender, promptly upon Lender's ’s request, evidence satisfactory to Lender that the Taxes, Other Charges and utility service charges have been so paid or are not then delinquent. Borrower shall not suffer and shall promptly cause Property Owner to be paid pay and discharged discharge any lien or charge whatsoever which may be or become a lien or charge against the Property. Except to the extent sums sufficient to pay all Taxes and Other Charges have been deposited with Lender in accordance with the terms of this Security InstrumentAgreement, Borrower shall, or shall cause Property Owner to, furnish to Lender paid receipts for the payment of the Taxes and Other Charges prior to the date the same shall become delinquent.. Notwithstanding the foregoing, Borrower shall have the right to contest the validity, applicability or amount, in whole or in part, of Taxes, Other Charges and utility service charges pursuant to the terms of the First Security Instrument. Notwithstanding anything herein to the contrary, if, and for so long as, Borrower is not in default pursuant to any of the Loan Documents, Borrower shall have the right to contest the amount or the validity, in whole or in part, of any Taxes and Other Charges (as hereinafter defined), by appropriate proceedings diligently conducted in good faith and without cost or expense to Lender. Provided Borrower is in compliance with the provisions of the next sentence, Borrower may postpone or defer payment of such Taxes and Other Charges if Borrower, on or before the due date thereof, shall (1) deposit or cause to be deposited with Lender a surety bond issued by a surety company of recognized responsibility acceptable to Lender, guaranteeing and securing the payment in full of such Taxes and/or Other Charges, as applicable, pending the determination of such contest, (2) deposit or cause to be deposited with Lender an amount equal to one hundred (100%) percent of such Taxes and Other Charges, as applicable, or any balance thereof remaining unpaid, and from time to time, but not more frequently than quarterly, deposit amounts in order to keep on deposit at all such times an amount equal to one hundred (100%) percent of the Taxes and Other Charges, as applicable, remaining unpaid, or (3) furnish or cause to be furnished to Lender other security reasonably satisfactory to Lender. If such deposit is made or such security furnished and Borrower continues in good faith to contest the validity of such Taxes and Other Charges by appropriate legal proceedings which shall operate to prevent the collection of such Taxes and Other Charges so contested, the imposition of interest, fines or other penalties with respect to such Taxes and Other Charges and the sale of the Collateral or any part thereof to satisfy such Taxes and Other Charges, Borrower shall have no obligation to pay such Taxes and Other Charges until such time as it has been finally determined to be a valid, due and payable Taxes and Other Charges. Upon termination of any such proceeding, or at any earlier time that Borrower shall have been adjudicated liable for the payment of such Taxes and Other Charges, Borrower shall pay in full the amount of any such Taxes and Other Charges or part thereof as shall have been finally determined in such proceeding, together with all liabilities in connection therewith. Lender shall have the full power and authority to apply or require the application of any amounts that may have been deposited pursuant to this Section 4.5 to payment of any unpaid Taxes and Other Charges. However, Lender shall not have any liability for

Appears in 1 contract

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

Payment of Taxes, Etc. (a) Borrower Mortgagor shall pay or cause to be paid all taxes, assessments, water rates, rates and sewer rents, now or hereafter levied or assessed or imposed against the Mortgaged Property or any part thereof (the "TAXES") and all ground rents, maintenance charges, other governmental impositions, and other charges, including including, without limitation limitation, vault charges and license fees (collectively, "Other Charges") for the use of vaults, chutes and similar areas adjoining the LandReal Property, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Taxes"), all ground rents, maintenance charges as same become due and similar charges, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Other Charges"), and all charges for utility services provided to the Property prior to the date on which interest or delinquency charges begins to accrue thereon or any non-payment thereof would result in the application of any penalties, provided however that taxes may be paid in installments to the extent permitted by the taxing authoritypayable. Borrower Mortgagor will deliver to LenderMortgagee, promptly upon LenderMortgagee's request, evidence satisfactory to Lender Mortgagee that the Taxes, Taxes and Other Charges and utility service charges have been so paid or and are not then delinquent. Borrower Mortgagor shall not suffer or permit any lien or charge (including, without limitation, any mechanic's lien) against all or any part of the Mortgaged Property and Mortgagor shall promptly cause to be paid and discharged any lien or charge whatsoever which may be or become a lien or charge against the Mortgaged Property. Except Mortgagor shall promptly pay for all utility services provided to the extent sums sufficient Mortgaged Property. In addition, Mortgagee may, at its option, retain the services of a firm to pay all Taxes and Other Charges have been deposited with Lender in accordance with the terms of this Security Instrument, Borrower shall furnish to Lender paid receipts for monitor the payment of Taxes, the Taxes and Other Charges prior to the date the same cost of which shall become delinquentbe borne by Mortgagor.

Appears in 1 contract

Samples: Leases and Rents and Security Agreement (Dm Management Co /De/)

Payment of Taxes, Etc. (a) Borrower and/or Grantor shall pay pay, directly or cause through Beneficiary pursuant to be paid the Escrow Agreement for Reserves and Impounds, all taxes, assessments, water rates, sewer rents, governmental impositions, and other charges, including without limitation limitation, vault charges and license fees for the use of vaults, chutes and similar areas adjoining the Land, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Taxes"), all ground rents, maintenance charges and similar charges, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Other Charges"), and all charges for utility services provided to the Property prior to the date on which interest or delinquency charges begins to accrue thereon or any non-payment thereof would result in the application of any penalties, provided however that taxes may be paid in installments to the extent permitted by the taxing authorityas same become due and payable. Grantor and Borrower will deliver to LenderBeneficiary, promptly upon Lender's Beneficiary’s request, evidence satisfactory to Lender Beneficiary that the Taxes, Other Charges and utility service charges have been so paid or are not then delinquent. Grantor and Borrower shall not suffer allow and shall promptly cause to be paid and discharged any lien or charge whatsoever which may be or become a lien or charge against the Property. Except to the extent sums sufficient to pay all Taxes and Other Charges have been deposited with Lender Beneficiary in accordance with the terms of that certain Escrow Agreement for Reserves and Impounds dated of even date herewith or this Security Instrument, Grantor and/or Borrower shall furnish to Lender Beneficiary paid receipts for the payment of the Taxes and Other Charges prior to the date the same shall become delinquent.

Appears in 1 contract

Samples: Trust and Security Agreement (Columbia Equity Trust, Inc.)

Payment of Taxes, Etc. (a) Borrower Mortgagor shall promptly pay or cause to be paid all taxes, assessments, water rates, sewer rents, governmental impositions, and other charges, including without limitation vault charges and license fees for the use of vaults, chutes and similar areas adjoining the Land, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Taxes"), all ground rents, maintenance charges, property association charges and similar charges, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Other Charges"), and all charges for utility services provided to the Property prior to the date on which interest or delinquency charges begins to accrue thereon or any non-payment thereof would result in the application of any penalties, provided however that taxes may be paid in installments to the extent permitted by the taxing authoritytime same become delinquent. Borrower Mortgagor will deliver to Lendereach Mortgagee, promptly upon Lender's Mortgagee’s request, evidence satisfactory to Lender each Mortgagee that the Taxes, Other Charges and utility service charges have been so paid or are not then delinquent. Borrower Mortgagor shall not suffer and shall promptly cause to be paid and discharged any lien or charge whatsoever which may be or become a lien or charge against the Property. Except to the extent sums sufficient to pay all Taxes and Other Charges have been deposited with Lender a Mortgagee in accordance with the terms of this Security Instrument, Borrower Mortgagor shall furnish to Lender each Mortgagee paid receipts for the payment of the Taxes and Other Charges prior to the date the same shall become delinquent.

Appears in 1 contract

Samples: Ener1 Inc

Payment of Taxes, Etc. (a) Borrower Mortgagor shall pay or cause to be paid all taxes, assessments, water rates, rates and sewer rents, now or hereafter levied or assessed or imposed against the Mortgaged Property or any part thereof (the "Taxes") and all ground rents, maintenance charges, other governmental impositions, and other charges, including including, without limitation limitation, vault charges and license fees (collectively, "Other Charges") for the use of vaults, chutes and similar areas adjoining the LandReal Property, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Taxes"), all ground rents, maintenance charges as same become due and similar charges, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Other Charges"), and all charges for utility services provided to the Property prior to the date on which interest or delinquency charges begins to accrue thereon or any non-payment thereof would result in the application of any penalties, provided however that taxes may be paid in installments to the extent permitted by the taxing authoritypayable. Borrower Mortgagor will deliver to LenderMortgagee, promptly upon LenderMortgagee's request, evidence satisfactory to Lender Mortgagee that the Taxes, Taxes and Other Charges and utility service charges have been so paid or and are not then delinquent. Borrower Mortgagor shall not suffer or permit any lien or charge (including, without limitation, any mechanic's lien) against all or any part of the Mortgaged Property and Mortgagor shall promptly cause to be paid and discharged any lien or charge whatsoever which may be or become a lien or charge against the Mortgaged Property. Except Mortgagor shall promptly pay for all utility services provided to the extent sums sufficient Mortgaged Property. In addition, Mortgagee may, at its option, retain the services of a firm to pay all Taxes and Other Charges have been deposited with Lender in accordance with the terms of this Security Instrument, Borrower shall furnish to Lender paid receipts for monitor the payment of Taxes, the Taxes and Other Charges prior to the date the same cost of which shall become delinquentbe borne by Mortgagor.

Appears in 1 contract

Samples: Leases and Rents and Security Agreement (Dress Barn Inc)

Payment of Taxes, Etc. (a) Borrower shall pay or cause to be paid by their due date all taxes, assessments, water rates, sewer rents, governmental impositions, and other charges, including including, without limitation limitation, vault charges and license fees for the use of vaults, chutes and similar areas adjoining the Land, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Taxes"), all ground rents, maintenance charges and similar charges, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Other Charges"), and all charges for utility services provided to the Property prior to as same become due and payable provided Borrower shall not be in default hereunder as long as such Taxes and Other Charges are paid on or before the date on which day before such Taxes or Other Charges are deemed delinquent or fees, interest or delinquency other charges begins to accrue thereon or any non-payment thereof would result in the application of any penalties, provided however that taxes may be paid in installments to the extent permitted by the taxing authoritythereon. Borrower will deliver to Lender, promptly upon Lender's request, evidence satisfactory to Lender that the Taxes, Other Charges and utility service charges have been so paid or are not then delinquent. Borrower shall not suffer and shall promptly cause to be paid and discharged any lien or charge whatsoever which may be or become a lien or charge against the PropertyProperty except for such licenses and charges which are not yet due and payable or delinquent. Except to the extent sums sufficient to pay all Taxes and Other Charges have been deposited with Lender in accordance with the terms of this Security Instrument, Borrower shall furnish to Lender paid receipts for the payment of the Taxes and Other Charges prior to the date the same shall become delinquent.

Appears in 1 contract

Samples: Fee and Leasehold Mortgage and Security Agreement (Konover Property Trust Inc)

Payment of Taxes, Etc. (a) Borrower shall pay by their due date (subject to any applicable grace period during which borrower is not charged interest or cause to be paid penalties) all taxes, assessments, water rates, sewer rents, governmental impositions, and other charges, including including, without limitation limitation, vault charges and license fees for the use of vaults, chutes and similar areas adjoining the Land, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Taxes"), all ground rents, maintenance charges and similar charges, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Other Charges")thereof, and all charges for utility services provided to the Property prior to as same become due and payable (the date on which interest or delinquency charges begins to accrue thereon or any non-payment thereof would result in the application of any penalties, provided however that taxes may be paid in installments to the extent permitted by the taxing authority"Other Charges"). Borrower will deliver to Lender, promptly upon Lender's request, evidence satisfactory to Lender that the Taxes, Other Charges and utility service charges have been so paid or are not then delinquent. Borrower shall not suffer and shall promptly cause to be paid and discharged any lien or charge whatsoever which may be or become a lien or charge against the Property. Except to the extent sums sufficient to pay all Taxes and Other Charges have been deposited with Lender in accordance with the terms of this Security Instrument, Borrower shall furnish to Lender paid receipts for the payment of the Taxes and Other Charges prior to the date the same shall become delinquent. After prior written notice to Lender, Borrower, at its own expense, may contest by appropriate legal proceeding, promptly initiated and conducted in good faith and with due diligence, the amount or validity or application in whole or in part of any of the Taxes, provided that (i) no Event of Default has occurred and is continuing under the Note, this Security Instrument or any of the Other Security Documents, (ii) Borrower is permitted to do so under the provisions of any other mortgage, deed of trust or deed to secure debt affecting the Property, (iii) such proceeding shall suspend the collection of the Taxes from Borrower and from the Property or Borrower shall have paid all of the Taxes under protest, (iv) such proceeding shall be permitted under and be conducted in accordance with the provisions of any other instrument to which Borrower is subject and shall not constitute a default thereunder, (v) neither the Property nor any part thereof or interest therein will be in danger of being sold, forfeited, terminated, cancelled or lost, (vi) Borrower shall have set aside adequate reserves for the payment of the Taxes, together with all interest and penalties thereon, unless Borrower has paid all of the Taxes under protest, and (vii) Borrower shall have furnished the security as may be required in the proceeding, or as may be reasonably requested by Lender to insure the payment of any contested Taxes, together with all interest and penalties thereon, taking into consideration the amount in the Escrow Fund available for payment of Taxes.

Appears in 1 contract

Samples: Mortgage and Security Agreement (Butler International Inc /Md/)

Payment of Taxes, Etc. (a) Borrower Except as otherwise provided in Paragraph 16 hereof, Grantor shall pay pay, prior to the date upon which any fine, penalty, interest or cause to cost may be paid added thereto or imposed by law for the nonpayment thereof, all taxes, assessments, water rates, sewer rents, governmental impositions, rents and other charges, including without limitation vault charges and license fees for the use of vaults, chutes and similar areas adjoining the LandReal Property or the Improvements, of any kind or nature whatsoever, ordinary or extraordinary, now or hereafter levied or levied, assessed or imposed upon or which constitute a lien upon or against the Real Property or the Improvements or any part portion thereof (collectively, the "TaxesTAXES"). Grantor shall deliver to Mortgagee promptly after request therefor by Mortgagee, all ground rentsreceipted bills or canceled checks evidencing the payment of prior taxes to the date upon which any fine, maintenance charges and similar chargespenalty, now interest or hereafter levied or assessed cost may be added thereto or imposed against by law for the Property or nonpayment thereof. In the case of any part assessment payable in installments, each installment thereof (the "Other Charges"), and all charges for utility services provided to the Property shall be paid prior to or on the date on which such installment becomes due and payable without imposition of any fine, penalty, interest or delinquency charges begins cost. Grantor shall not be entitled to accrue thereon any credit on the Notes or any non-payment thereof would result in the application of any penalties, provided however that taxes may be paid in installments to the extent permitted by the taxing authority. Borrower will deliver to Lender, promptly upon Lender's request, evidence satisfactory to Lender that the Taxes, Other Charges and utility service charges have been so paid or are not then delinquent. Borrower shall not suffer and shall promptly cause to be paid and discharged any lien or charge whatsoever other sums which may be or become a lien or charge against the Property. Except to the extent sums sufficient to pay all Taxes and Other Charges have been deposited with Lender in accordance with payable under the terms thereof or hereof, or otherwise, by reason of this Security Instrument, Borrower shall furnish to Lender paid receipts for the payment of the Taxes and Other Charges prior to the date the same shall become delinquentTaxes.

Appears in 1 contract

Samples: Purchase Agreement (Louisiana Casino Cruises Inc)

Payment of Taxes, Etc. (a) Borrower shall promptly pay or cause to be paid all taxes, assessments, water rates, sewer rents, governmental impositions, and other charges, including without limitation vault charges and license fees for the use of vaults, chutes and similar areas adjoining the Land, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Taxes"), all ground rents, maintenance charges and similar charges, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Other Charges"), and all charges for utility services provided to the Property prior to the date on which interest or delinquency charges begins to accrue thereon or any non-payment thereof would result in the application of any penalties, provided however that taxes may be paid in installments to the extent permitted by the taxing authorityas same become due and payable. Borrower will deliver to Lender, promptly upon LenderXxxxxx's request, evidence satisfactory to Lender that the Taxes, Other Charges and utility service charges have been so paid or are not then delinquent. Borrower shall not suffer and shall promptly cause to be paid and discharged any lien or charge whatsoever which may be or become a lien or charge against the Property. Except to the extent sums sufficient to pay all Taxes and Other Charges have been deposited with Lender in accordance with the terms of this Security Instrument, Borrower shall furnish to Lender paid receipts for the payment of the Taxes and Other Charges prior to the date the same shall become delinquent.

Appears in 1 contract

Samples: Pyramid Breweries Inc

Payment of Taxes, Etc. (a) Borrower Trustor shall pay or cause to be paid all taxes, assessments, water rates, rates and sewer rents, now or hereafter levied or assessed or imposed against the Trust Property or any part thereof (the "TAXES") and all ground rents, maintenance charges, other governmental impositions, and other charges, including including, without limitation limitation, vault charges and license fees (collectively, "OTHER CHARGES") for the use of vaults, chutes and similar areas adjoining the LandReal Property, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Taxes"), all ground rents, maintenance charges as same become due and similar charges, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Other Charges"), and all charges for utility services provided to the Property prior to the date on which interest or delinquency charges begins to accrue thereon or any non-payment thereof would result in the application of any penalties, provided however that taxes may be paid in installments to the extent permitted by the taxing authoritypayable. Borrower Trustor will deliver to LenderBeneficiary, promptly upon LenderBeneficiary's request, evidence satisfactory to Lender Beneficiary that the Taxes, Taxes and Other Charges and utility service charges have been so paid or and are not then delinquent. Borrower Trustor shall not suffer or permit any lien or charge (including, without limitation, any mechanic's lien) against all or any part of the Trust Property and Trustor shall promptly cause to be paid and discharged discharged, or bonded over, any lien or charge whatsoever which may be or become a lien or charge against the Trust Property. Except Trustor shall promptly pay for all utility services provided to the extent sums sufficient Trust Property. In addition, Beneficiary may, at its option, retain the services of a firm to pay all Taxes and Other Charges have been deposited with Lender in accordance with the terms of this Security Instrument, Borrower shall furnish to Lender paid receipts for monitor the payment of Taxes, the Taxes and Other Charges prior to the date the same cost of which shall become delinquentbe borne by Trustor.

Appears in 1 contract

Samples: Management Agreement (Inland Western Retail Real Estate Trust Inc)

Payment of Taxes, Etc. (a) Borrower shall promptly pay or cause to be paid all taxes, assessments, water rates, sewer rents, governmental impositions, and other charges, including without limitation vault charges and license fees for the use of vaults, chutes and similar areas adjoining the Land, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Taxes"), all insurance premiums, ground rents, maintenance charges and similar charges, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Other Charges"), and all charges for utility services provided to the Property prior to the date on which interest or delinquency charges begins to accrue thereon or any non-payment thereof would result in the application of any penalties, provided however that taxes may be paid in installments to the extent permitted by the taxing authoritytime same become delinquent. Borrower will deliver to Lender, promptly upon Lender's ’s request, evidence satisfactory to Lender that the Taxes, Other Charges and utility service charges have been so paid or are not then delinquent. Borrower shall not suffer and shall promptly cause to be paid and discharged any lien or charge whatsoever which may be or become a lien or charge against the Property. Except to the extent sums sufficient to pay all Taxes and Other Charges have been deposited with Lender in accordance with the terms of this Security Instrument, Borrower shall furnish to Lender paid receipts for the payment of the Taxes and Other Charges prior to the date the same shall become delinquent. If Borrower fails to pay any item required to be paid hereunder, Lender may advance the same and charge amounts so paid to Borrower, with interest thereon from the date paid. Such sums shall be payable on demand and secured hereby.

Appears in 1 contract

Samples: Mortgage And (Paladin Realty Income Properties Inc)

Payment of Taxes, Etc. (a) Borrower shall pay or cause to be paid all taxes, assessments, water rates, sewer rents, governmental impositions, and other charges, including without limitation limitation, vault charges and license fees for the use of vaults, chutes and similar areas adjoining the Land, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Taxes"), all ground rents, maintenance charges and similar charges, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Other Charges"), and all charges for utility services provided to the Property prior to the date on which interest or delinquency charges begins to accrue thereon or any non-payment thereof would result in the application of any penalties, provided however that taxes may be paid in installments to the extent permitted by the taxing authorityas same become due and payable. Borrower will deliver to Lender, promptly upon Lender's ’s request, evidence reasonably satisfactory to Lender that the Taxes, Other Charges and utility service charges have been so paid or are not then delinquent. Borrower shall not suffer allow and shall promptly cause to be paid and paid, discharged or bonded any lien or charge whatsoever which may be or become a lien or charge against the Property. Except to the extent sums sufficient to pay all Taxes and Other Charges have been deposited with Lender in accordance with the terms of this Security Instrument, Borrower shall furnish to Lender paid receipts receipts, if available, for the payment of the Taxes and Other Charges prior to the date the same shall become delinquent.

Appears in 1 contract

Samples: Security Agreement (Reading International Inc)

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Payment of Taxes, Etc. (a) Borrower shall pay or cause to be paid all All taxes, assessments, assessments and water rates, and sewer rents, now or hereafter levied or assessed or imposed against the Mortgaged Property or any part thereof (the "Taxes"") shall be paid when due in the manner provided in ----- paragraph 5 of this Mortgage. Mortgagor shall pay all ground rents, maintenance charges, other governmental impositions, and other charges, including without limitation vault charges and license fees for the use of vaults, chutes and similar areas adjoining the LandMortgaged Property, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Taxes"), all ground rents, maintenance charges and similar charges, now or hereafter levied or assessed or imposed against the Mortgaged Property or any part thereof (the "Other Charges"), ) as the same become due and all charges for utility services provided to the Property prior to the date on which interest or delinquency charges begins to accrue thereon or any non-payment thereof would result in the application of any penalties, provided however that taxes may be paid in installments to the extent permitted by the taxing authoritypayable. Borrower Mortgagor will deliver to Lender------------- Mortgagee, promptly upon LenderMortgagee's request, tax certificates or receipted tax bills issued by the relevant taxing authority or other evidence satisfactory to Lender Mortgagee that the Taxes, Taxes and Other Charges and utility service charges have been so paid or are not then delinquent. Borrower Mortgagor shall not suffer and shall promptly cause to be paid and or discharged any lien or charge whatsoever which may be or become a lien or charge against the Mortgaged Property, and shall promptly pay for all utility services provided to the Mortgaged Property. Except to the extent sums sufficient to pay all Taxes and Other Charges have been deposited with Lender in accordance with the terms of this Security Instrument, Borrower Mortgagor shall furnish to Lender paid Mortgagee or its designee receipts for the payment of the Taxes and Other Charges prior to the date the same shall become delinquent.

Appears in 1 contract

Samples: Indemnity Agreement (Afc Enterprises Inc)

Payment of Taxes, Etc. (a) Borrower Mortgagor shall pay or cause to be paid all taxes, assessments, water rates, rates and sewer rents, governmental now or hereafter levied or assessed or imposed against the Mortgaged Property or any part thereof (the "Taxes") and all ground rents, maintenance charges, other impositions, and other charges, including including, without limitation limitation, vault charges and license fees for the use of vaults, chutes and similar areas adjoining the LandPremises, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Taxes"), all ground rents, maintenance charges and similar charges, now or hereafter levied or assessed or imposed against the Mortgaged Property or any part thereof (the "Other Charges"), ) as the same become due and all charges for utility services provided to the Property prior to the date on which interest or delinquency charges begins to accrue thereon or any non-payment thereof would result in the application of any penalties, provided however that taxes may be paid in installments to the extent permitted by the taxing authoritypayable. Borrower Mortgagor will deliver to Lender, promptly upon Lender's request, Mortgagee receipts for payment or other evidence satisfactory to Lender Mortgagee that the Taxes, Taxes and Other Charges and utility service charges have been so paid or are not then delinquentdelinquent no later than thirty (30) days prior to the date on which the Taxes and/or Other Charges would otherwise be delinquent if not paid. Borrower Mortgagor shall not suffer and shall promptly cause to be paid and discharged any lien or charge whatsoever which may be or become a lien or charge against the Mortgaged Property, and shall promptly pay for all utility services provided to the Mortgaged Property. Except to the extent sums sufficient to pay all Taxes and Other Charges have been deposited with Lender in accordance with the terms of this Security Instrument, Borrower Mortgagor shall furnish to Lender paid Mortgagee receipts for the payment of the Taxes and the Other Charges prior to the date the same shall become delinquentdelinquent (provided, however, that Mortgagor is not required to furnish such receipts for payment of Taxes in the event that such Taxes have been paid by Mortgagee pursuant to Paragraph 5 hereof).

Appears in 1 contract

Samples: Security Agreement (Ridgewood Properties Inc)

Payment of Taxes, Etc. (a) Borrower Grantor shall pay or cause to be paid all taxes, assessments, water rates, sewer rents, governmental impositions, rents and other charges, including without limitation vault charges and license fees for the use of vaults, chutes and similar areas adjoining the LandPremises, now or hereafter levied or assessed or imposed against the Trust Property or any part thereof (hereinafter referred to as the "Taxes"), all ground rents, maintenance charges and similar charges, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Other Charges"), and all charges for utility services provided to the Property ) prior to the date on upon which any fine, penalty, interest or delinquency charges begins to accrue thereon or any non-payment thereof would result in the application of any penalties, provided however that taxes cost may be paid in installments to added thereto or imposed by law for the extent permitted by the taxing authoritynonpayment thereof. Borrower will Grantor shall deliver to LenderBeneficiary, promptly upon Lender's request, receipted bills, cancelled checks and other evidence satisfactory to Lender that the Taxes, Other Charges and utility service charges have been so paid or are not then delinquent. Borrower shall not suffer and shall promptly cause to be paid and discharged any lien or charge whatsoever which may be or become a lien or charge against the Property. Except to the extent sums sufficient to pay all Taxes and Other Charges have been deposited with Lender in accordance with the terms of this Security Instrument, Borrower shall furnish to Lender paid receipts for Beneficiary evidencing the payment of the Taxes and Other Charges prior to the date upon which any fine, penalty, interest or cost may be added thereto or imposed by law for the same nonpayment thereof. Beneficiary shall become delinquent.have the right in its discretion to maintain a tax services contract with respect to the Trust Property with a tax reporting agency satisfactory to Beneficiary. Grantor shall reimburse Beneficiary upon demand for the cost of maintaining such tax service contract during the term of this Deed of Trust, provided that in no event will Grantor be obligated to pay more than $500 per annum in respect of such tax services contract. After prior notice to Beneficiary, in the case of any material item, Grantor, at its own expense, may contest by appropriate legal proceeding, promptly initiated and conducted in good faith and with due diligence, the amount or validity or application in whole or in part of any of the Taxes, provided that (i) no default shall have occurred and shall be continuing under the Notes, this Deed of Trust or any of the other Loan Documents, (ii) Grantor is permitted to do so under the provisions of any mortgage or deed of trust superior in lien to this Deed of Trust, (iii) such proceeding shall suspend the collection of the contested Taxes from Grantor and from the Trust Property, (iv) such proceeding shall be permitted under and be conducted in accordance with the provisions of any other instrument to

Appears in 1 contract

Samples: Nexthealth Inc

Payment of Taxes, Etc. (a) Borrower shall pay pay, or shall cause Tenant to be paid pay, all taxes, assessments, water rates, sewer rents, governmental impositions, and other charges, including without limitation vault charges and license fees for the use of vaults, chutes and similar areas adjoining the Land, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Taxes"), all ground rents, maintenance charges and similar charges, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Other Charges"), and all charges for utility services provided to the Property prior to the date on which interest or delinquency charges begins to accrue thereon or any non-payment thereof would result in the application of any penalties, provided however that taxes may be paid in installments to the extent permitted by the taxing authoritysame becoming delinquent. Borrower will deliver or cause Tenant to deliver to Lender, promptly upon Lender's request, evidence satisfactory to Lender that the Taxes, Other Charges and utility service charges have been so paid or are not then delinquent. Borrower shall not suffer and shall promptly cause to be paid and discharged any lien or charge whatsoever which may be or become a lien or charge against the Property. Except to the extent sums sufficient to pay all Taxes and Other Charges have been deposited with Lender in accordance with the terms of this Security Instrument, Borrower shall furnish furnish, or cause Tenant to furnish, to Lender paid receipts for the payment of the Taxes and Other Charges prior to the date the same shall become delinquent.

Appears in 1 contract

Samples: Loan Agreement (Entertainment Properties Trust)

Payment of Taxes, Etc. (a) Borrower The Company shall pay pay, or cause to be paid paid, by their due date (except as otherwise set forth in subsection (c) hereof) taking into account all applicable extensions, all taxes, assessments, water rates, sewer rents, governmental impositions, and other charges, including including, without limitation limitation, vault charges and license fees for the use of vaults, chutes and similar areas adjoining the Land, now or hereafter levied or assessed or imposed against the Property Hotel or any part thereof (the "Taxes"TAXES), all ground rents, maintenance charges and similar charges, now or hereafter levied or assessed or imposed against the Property Hotel or any part thereof (the "Other Charges"OTHER CHARGES), and all charges for utility services provided to the Property prior to the date on which interest or delinquency charges begins to accrue thereon or any non-payment thereof would result in the application of any penalties, provided however that taxes may be paid in installments to the extent permitted by the taxing authorityHotel as same become due and payable. Borrower The Company will deliver to Lenderthe Bank, promptly upon Lenderthe Bank's request, evidence satisfactory to Lender the Bank that the Taxes, Other Charges and utility service charges have been so paid or are not then delinquent. Borrower The Company shall not suffer and shall promptly cause to be paid and discharged any lien or charge whatsoever which may be or become a lien or charge against the PropertyHotel or any portion thereof. Except to the extent sums sufficient to pay all Taxes and Other Charges have been deposited with Lender the Bank in accordance with the terms of this Security InstrumentAgreement or any of the other L/C Documents, Borrower shall furnish to Lender the Bank paid receipts for the payment of the Taxes and Other Charges prior to the date the same shall become delinquent.

Appears in 1 contract

Samples: Assignment and Modification Agreement (El Conquistador Partnership Lp)

Payment of Taxes, Etc. (a) Borrower shall pay or cause to be paid all real and personal property taxes, assessments, water rates, sewer rents, governmental impositions, rents and other charges, including without limitation vault charges and license fees for the use of vaults, chutes and similar areas adjoining the LandPremises, now or hereafter levied levied, imposed or assessed or imposed against the Property or any part thereof Premises and Improvements (collectively, the "Taxes"), all ground rents, maintenance charges and similar charges, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Other Charges"), and all charges for utility services provided to the Property ) prior to the date on upon which any fine, penalty, interest or delinquency charges begins to accrue thereon cost may be added thereto or any non-payment thereof would result imposed by law for the nonpayment thereof, and, in the application absence of any penaltiessuch timely payment, provided however that taxes may Lender in its sole discretion, may, but shall not be paid obligated to, pay same (all such payments to be secured hereby in installments to the extent permitted by the taxing authorityaccordance with Section 2.7 hereof), and Xxxxxxxx shall reimburse Lender upon demand for such expenditures. Borrower will shall deliver to LenderXxxxxx, promptly upon Lender's requestwithin thirty (30) days of payment, receipts bills, canceled checks and other evidence satisfactory to Lender that the Taxes, Other Charges and utility service charges have been so paid or are not then delinquent. Borrower shall not suffer and shall promptly cause to be paid and discharged any lien or charge whatsoever which may be or become a lien or charge against the Property. Except to the extent sums sufficient to pay all Taxes and Other Charges have been deposited with Lender in accordance with the terms of this Security Instrument, Borrower shall furnish to Lender paid receipts for evidencing the payment of the real property taxes and assessments (excluding those paid by Xxxxxx), and upon written request of Lender shall evidence payment of all other Taxes and Other Charges prior to the date upon which any fine, penalty, interest or cost may be added thereto or imposed by law for the same shall become delinquentnonpayment thereof.

Appears in 1 contract

Samples: Mortgage and Security Agreement (Paper Warehouse Inc)

Payment of Taxes, Etc. (a) Borrower shall promptly pay or cause to be paid all taxes, assessments, water rates, sewer rents, governmental impositions, and other charges, including without limitation vault charges and license fees for the use of vaults, chutes and similar areas adjoining the Land, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "TaxesTAXES"), all ground rents, maintenance charges and similar charges, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Other ChargesOTHER CHARGES"), and all charges for utility services provided to the Property prior to the date on which interest or delinquency charges begins to accrue thereon or any non-payment thereof would result in the application of any penalties, provided however that taxes may be paid in installments to the extent permitted by the taxing authorityas same become due and payable. Borrower will deliver to Lender, promptly upon Lender's request, evidence satisfactory to Lender that the Taxes, Other Charges and utility service charges have been so paid or are not then delinquent. Borrower shall not suffer and shall promptly cause to be paid and discharged of record (or bonded and discharged of record) any lien or charge whatsoever which may be or become a lien or charge against the Property. Except to the extent sums sufficient to pay all Taxes and Other Charges have been deposited with Lender in accordance with the terms of this Security Instrument, Borrower shall furnish to Lender paid receipts for the payment of the Taxes and Other Charges prior to the date the same shall become delinquent.

Appears in 1 contract

Samples: And Consolidated Mortgage and Security Agreement (Alexanders Inc)

Payment of Taxes, Etc. (a) Borrower shall promptly pay or cause to be paid all taxes, assessments, water rates, sewer rents, governmental impositions, and other charges, including without limitation vault charges and license fees for the use of vaults, chutes and similar areas adjoining the Land, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Taxes"), all ground rents, maintenance charges and similar charges, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Other Charges"), and all charges for utility services provided to the Property prior to the date on which interest or delinquency charges begins to accrue thereon or any non-payment thereof would result in the application of any penalties, provided however that taxes may be paid in installments to the extent permitted by the taxing authorityas same become due and payable. Borrower will deliver to Lender, promptly upon Lender's request, evidence satisfactory to Lender that the Taxes, Other Charges and utility service charges have been so paid or are not then delinquent. Borrower shall not suffer and shall promptly cause to be paid and discharged any lien or charge whatsoever which may be or become a lien or charge against the Property. Except to the extent sums sufficient to pay all Taxes and Other Charges have been deposited with Lender in accordance with the terms of this Security InstrumentInstrument and/or the Lockbox Agreement, Borrower shall furnish to Lender paid receipts for the payment of the Taxes and Other Charges prior to the date the same shall become delinquent. If any Taxes or Other Charges are not paid as herein provided or pursuant to the Lockbox Agreement, Lender shall have the right to pay the same, together with any penalty and interest thereon, and the amount or amounts so paid or advanced shall forthwith be payable by Borrower to Lender and shall be secured by the lien of this Security Instrument; provided, however, that Borrower may in good faith contest, at Borrower's own cost and expenses, by proper legal proceedings, the validity or amount of any Taxes or Other Charges, on the condition that Borrower first shall, unless the contested amount is paid in full when due despite such contest, deposit with Lender, as security for the payment of such contested item, an amount equal to the contested item plus all penalties and interest which would be payable if Borrower is ultimately required to pay such contested item, and on the further condition that no amount so contested may remain unpaid for such length of time as shall permit the Property, or the lien thereon created by the item being contested, to be sold for the nonpayment thereof, or as shall permit an action, either of foreclosure or otherwise, to be commenced by the holder of any such lien, or as shall permit the Property to be otherwise in danger of sale, forfeiture or loss by reason of such proceedings. Borrower will not claim any credit on, or make any deduction from the Debt by reason of the payment of any Taxes or Other Charges.

Appears in 1 contract

Samples: Mortgage and Security Agreement (Wellsford Real Properties Inc)

Payment of Taxes, Etc. (a) Borrower Owner shall promptly pay or cause to be paid all taxes, assessments, water rates, sewer rents, governmental impositions, and other charges, including without limitation vault charges and license fees for the use of vaults, chutes and similar areas adjoining the Land, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Taxes"), all ground rents, maintenance charges and similar charges, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Other Charges"), and all charges for utility services provided to the Property prior to the date on which interest or delinquency charges begins to accrue thereon or any non-payment thereof would result in the application of any penalties, provided however that taxes may be paid in installments to the extent permitted by the taxing authorityas same become due and payable. Borrower Owner will deliver to Lender, promptly upon Lender's request, evidence satisfactory to Lender that the Taxes, Other Charges and utility service charges have been so paid or are not then delinquent. Borrower Owner shall not suffer and shall promptly cause to be paid and discharged any lien or charge whatsoever which may be or become a lien or charge against the Property. Except to the extent sums sufficient to pay all Taxes and Other Charges have been deposited with Lender in accordance with the terms of this Security Instrument, Borrower Owner shall furnish to Lender paid receipts for the payment of the Taxes and Other Charges prior to the date the same shall become delinquent.

Appears in 1 contract

Samples: Acuity Lighting (Acuity Brands Inc)

Payment of Taxes, Etc. (a) Borrower shall promptly pay or cause to be paid all taxes, assessments, water rates, sewer rents, governmental impositions, and other charges, including without limitation vault charges and license fees for the use of vaults, chutes and similar areas adjoining the Land, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Taxes"), all ground rents, maintenance charges and similar charges, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Other Charges"), and all charges for utility services provided to the Property prior to the date on which interest or delinquency charges begins to accrue thereon or any non-payment thereof would result in the application of any penalties, provided however that taxes may be paid in installments to the extent permitted by the taxing authorityas same become due and payable. Borrower will deliver to Lender, promptly upon Lender's request, evidence reasonably satisfactory to Lender that the Taxes, Other Charges and utility service charges have been so paid or are not then delinquent. Borrower shall not suffer and shall promptly cause to be paid and discharged any lien or charge whatsoever which may be or become a lien or charge against the Property. Except to the extent sums sufficient to pay all Taxes and Other Charges have been deposited with Lender in accordance with the terms of this Security Instrument, Borrower shall furnish to Lender paid receipts for the payment of the Taxes and Other Charges prior to the date the same shall become delinquent.

Appears in 1 contract

Samples: Mortgage and Security Agreement (Baker J Inc)

Payment of Taxes, Etc. (a) Borrower shall promptly pay or cause the --------------------- tenant under the Net Lease to be paid pay all taxes, assessments, water rates, sewer rents, governmental impositions, and other charges, including without limitation vault charges and license fees for the use of vaults, chutes and similar areas adjoining the Land, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Taxes"), all ground rents, maintenance charges and similar charges, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Other Charges"), and all charges for utility services provided to the Property prior to the date on which interest or delinquency charges begins to accrue thereon or any non-payment thereof would result in the application of any penalties, provided however that taxes may be paid in installments to the extent permitted by the taxing authoritytime same become delinquent. Borrower will deliver to Lender, promptly upon Lender's request, evidence satisfactory to Lender that the Taxes, Other Charges and utility service charges have been so paid or are not then delinquent. Borrower shall not suffer and shall promptly cause to be paid and discharged any lien or charge whatsoever which may be or become a lien or charge against the Property. Except to the extent sums sufficient to pay all Taxes and Other Charges have been deposited with Lender in accordance with the terms of this Security Instrument, Borrower shall furnish to Lender paid receipts for the payment of the Taxes and Other Charges prior to the date the same shall become delinquent.

Appears in 1 contract

Samples: Trust and Security Agreement (Archon Corp)

Payment of Taxes, Etc. (a) Subject to the provisions of paragraph 6 hereof, Borrower shall pay or cause to be paid all taxes, assessments, water rates, rates and sewer rents, governmental now or hereafter levied or assessed or imposed against the Trust Property or any part thereof (the "TAXES") on or before the last date prior to which any interest, late fees or penalties would begin to accrue (the "DELINQUENCY DATE")and all ground rents, maintenance charges, other impositions, and other charges, including including, without limitation limitation, vault charges and license fees for the use of vaults, chutes and similar areas adjoining the LandPremises, now or hereafter levied or assessed or imposed against the Trust Property or any part thereof (the "TaxesOTHER CHARGES"), all ground rents, maintenance charges ) as the same become due and similar charges, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Other Charges"), and all charges for utility services provided to the Property prior to the date on which interest or delinquency charges begins to accrue thereon or any non-payment thereof would result in the application of any penalties, provided however that taxes may be paid in installments to the extent permitted by the taxing authoritypayable. Borrower will deliver to Lender, promptly upon Lender's request, Lender receipts for payment or other evidence satisfactory to Lender that the Taxes, Taxes and Other Charges and utility service charges have been so paid or are not then delinquentdelinquent no later than the date on which the Taxes and/or Other Charges would otherwise be delinquent if not paid; provided, however, Borrower shall not be required to deliver to Lender such evidence of payment with respect to any Taxes or Other Charges that are paid by Lender pursuant to paragraph 6 hereof. Borrower shall not suffer and shall promptly cause to be paid and discharged any lien or charge whatsoever which may be or become a lien or charge against the Trust Property. Except , and shall promptly pay for all utility services provided to the extent sums sufficient to pay all Taxes and Other Charges have been deposited with Lender in accordance with the terms of this Security Instrument, Borrower shall furnish to Lender paid receipts for the payment of the Taxes and Other Charges prior to the date the same shall become delinquentTrust Property.

Appears in 1 contract

Samples: Cash Management Agreement (Maguire Properties Inc)

Payment of Taxes, Etc. (a) Borrower Subject to the provisions of Section 27 hereof and the applicable provisions of the Loan Agreement, Mortgagor shall pay or cause to be paid all Impositions (including, without limitation, all taxes, assessments, water rates, rates and sewer rents, now or hereafter levied or assessed or imposed against the Mortgaged Property or any part thereof and all ground rents, maintenance charges, other governmental impositions, impositions and other chargescharges (including, including without limitation limitation, vault charges and license fees for the use of vaults, chutes and similar areas adjoining the Land), now or hereafter levied or assessed or imposed against the Mortgaged Property or any part thereof (the "Taxes"), all ground rents, maintenance charges and similar charges, now or hereafter levied or assessed or imposed against the Property or any part thereof thereof) (the "Other Charges"), as the same become due and all charges for utility services provided payable. Subject to the Property prior to terms of the date on which interest or delinquency charges begins to accrue thereon or any non-payment thereof would result in the application of any penaltiesLoan Agreement, provided however that taxes may be paid in installments to the extent permitted by the taxing authority. Borrower Mortgagor will deliver to Lender, promptly upon Lender's request, Mortgagee evidence satisfactory to Lender that Mortxxxxx xxxt the Taxes, Impositions and Other Charges and utility service charges have been so paid or are not then delinquentdelinquent no later than thirty (30) days following the date on which the Impositions and/or Other Charges would otherwise be delinquent if not paid. Borrower Mortgagor shall not suffer and shall promptly cause to be paid and discharged any lien or charge whatsoever (other than Permitted Encumbrances) which may be or become a lien or charge against the Mortgaged Property. Except , and shall promptly pay for, or cause to be paid, all utility services provided to the extent sums sufficient to pay all Taxes and Other Charges have been deposited with Lender in accordance with the terms of this Security Instrument, Borrower shall furnish to Lender paid receipts for the payment of the Taxes and Other Charges prior to the date the same shall become delinquentMortgaged Property.

Appears in 1 contract

Samples: Kranzco Realty Trust

Payment of Taxes, Etc. (a) Borrower shall promptly pay or cause to be paid all taxes, assessments, water rates, sewer rents, governmental impositions, and other charges, including without limitation vault charges and license fees for the use of vaults, chutes and similar areas adjoining the Land, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Taxes"), all ground rents, maintenance charges, property association charges and similar charges, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Other Charges"), and all charges for utility services provided to the Property prior to the date on which interest or delinquency charges begins to accrue thereon or any non-payment thereof would result in the application of any penalties, provided however that taxes may be paid in installments to the extent permitted by the taxing authoritytime same become delinquent. Borrower will deliver to each Lender, promptly upon a Lender's request, evidence satisfactory to Lender each Lenders that the Taxes, Other Charges and utility service charges have been so paid or are not then delinquent. Borrower shall not suffer and shall promptly cause to be paid and discharged any lien or charge whatsoever which may be or become a lien or charge against the Property. Except to the extent sums sufficient to pay all Taxes and Other Charges have been deposited with a Lender in accordance with the terms of this Security Instrument, Borrower shall furnish to each Lender paid receipts for the payment of the Taxes and Other Charges prior to the date the same shall become delinquent.

Appears in 1 contract

Samples: Securities Purchase Agreement (Ramtron International Corp)

Payment of Taxes, Etc. (a) Borrower shall Mortgagor Shall pay or cause to be paid all taxes, assessments, water rates, rates and sewer rents, now or hereafter levied or assessed or imposed against the Mortgaged Property or any part thereof (the "TAXES") and all ground rents, maintenance charges, other governmental impositions, and other charges, including including, without limitation limitation, vault charges and license fees (collectively, "Other Charges") for the use of vaults, chutes and similar areas adjoining the LandReal Property, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Taxes"), all ground rents, maintenance charges as same become due and similar charges, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Other Charges"), and all charges for utility services provided to the Property prior to the date on which interest or delinquency charges begins to accrue thereon or any non-payment thereof would result in the application of any penalties, provided however that taxes may be paid in installments to the extent permitted by the taxing authoritypayable. Borrower Mortgagor will deliver to LenderMortgagee, promptly upon LenderMortgagee's request, evidence satisfactory to Lender Mortgagee that the Taxes, Taxes and Other Charges and utility service charges have been so paid or and are not then delinquent. Borrower Mortgagor shall not suffer or permit any lien or charge (including, without limitation, any mechanic's lien) against all or any part of the Mortgaged Property and Mortgagor shall promptly cause to be paid and discharged any lien or charge whatsoever which may be or become a lien or charge against the Mortgaged Property. Except Mortgagor shall promptly pay for all utility services provided to the extent sums sufficient Mortgaged Property. In addition, Mortgagee may, at its option, retain the services of a firm to pay all Taxes and Other Charges have been deposited with Lender in accordance with the terms of this Security Instrument, Borrower shall furnish to Lender paid receipts for monitor the payment of Taxes, the Taxes and Other Charges prior to the date the same cost of which shall become delinquentbe borne by Mortgagor.

Appears in 1 contract

Samples: Leases and Rents and Security Agreement (Inland Western Retail Real Estate Trust Inc)

Payment of Taxes, Etc. (a) Borrower Except as otherwise expressly set forth in the Loan Agreement, Mortgagor shall pay or cause to be paid paid, as the same become due and payable, all (i) real estate and personal property taxes, assessments, water rates, rates or sewer rents, governmental impositionsnow or hereafter levied or assessed or imposed against the Property or part thereof (collectively, the “Taxes”) and (ii) ground rents, maintenance charges, impositions and any other charges, including including, without limitation limitation, vault charges and license fees for the use of vaults, chutes and similar areas adjoining the LandProperty, now or hereafter levied or assessed or imposed against the Property or any part thereof (collectively, the "Taxes"), all ground rents, maintenance charges and similar charges, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Other Charges"). At Lender’s request, Mortgagor shall furnish to Lender receipts, or other evidence of the payment of the Taxes and all charges for utility services provided to the Property Other Charges prior to the date on which interest or delinquency charges begins to accrue thereon or any non-payment thereof would result in the application of any penalties, provided however that taxes may be paid in installments to the extent permitted by the taxing authority. Borrower will deliver to Lender, promptly upon Lender's request, evidence satisfactory to Lender that the Taxes, Other Charges and utility service charges have been so paid or are not then same shall become delinquent. Borrower Mortgagor shall not suffer and shall promptly cause to be paid and discharged any lien Lien or charge whatsoever (other than Permitted Encumbrances) which may be or become a lien Lien or charge against the Property. Except , and shall promptly pay for all utility services provided to the extent sums sufficient Property. After prior written notice to pay all Lender, Mortgagor, at its own expense, may contest by appropriate legal proceeding, promptly initiated and conducted in good faith and with due diligence, the amount or validity or application in whole or in part of any Taxes or Other Charges, other than ground rent, provided that (i) no Event of Default has occurred and Other Charges have been deposited with Lender remains uncured; (ii) such proceeding shall be permitted under and be conducted in accordance with the terms provisions of any other instrument to which Mortgagor is subject and shall not constitute a default thereunder and such proceeding shall be conducted in accordance with all Requirements of Law; (iii) neither the Property nor any part thereof or interest therein will be in danger of being sold, forfeited, terminated, cancelled or lost; (iv) Mortgagor shall promptly upon final determination thereof pay the amount of any such Taxes or Other Charges, together with all costs, interest and penalties which may be payable in connection therewith; (v) such proceeding shall suspend the collection of such contested Taxes or Other Charges from the Property; and (vi) Mortgagor shall furnish such security as may be required in the proceeding, or as may be reasonably requested by Lender, to insure the payment of any such Taxes or Other Charges, together with all interest and penalties thereon. Lender may apply such security or part thereof held by Lender at any time when, in the judgment of Lender, the validity or applicability of such Taxes or Other Charges are established or the Property (or any part thereof or interest therein) shall be in danger of being sold, forfeited, terminated, cancelled or lost or there shall be any danger of the Lien of this Security Instrument, Borrower shall furnish to Lender paid receipts for Instrument being primed by any Lien other than the payment of the Taxes and Other Charges prior to the date the same shall become delinquentPermitted Encumbrances.

Appears in 1 contract

Samples: Security Agreement (Chrysler Group LLC)

Payment of Taxes, Etc. (a) Borrower shall pay or cause to be paid all taxes, assessments, water rates, sewer rents, governmental impositions, and other charges, including without limitation limitation, vault charges and license fees for the use of vaults, chutes and similar areas adjoining the Land, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Taxes"), all ground rents, maintenance charges and similar charges, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Other Charges"), and all charges for utility services provided to the Property prior to the date on which interest or delinquency charges begins to accrue thereon or any non-payment thereof would result in the application of any penalties, provided however that taxes may be paid in installments to the extent permitted by the taxing authorityas same become due and payable. Borrower will deliver to Lender, promptly upon Lender's request, evidence satisfactory to Lender that the Taxes, Other Charges and utility service charges have been so paid or are not then delinquent. Borrower shall not suffer allow and shall promptly cause to be paid and discharged any lien or charge whatsoever which may be or become a lien or charge against the Property. Except to the extent sums sufficient to pay all Taxes and Other Charges have been deposited with Lender in accordance with the terms of this Security Instrument, Borrower shall furnish to Lender paid receipts for the payment of the Taxes and Other Charges prior to the date the same shall become delinquent.

Appears in 1 contract

Samples: Trust and Security Agreement (First Potomac Realty Trust)

Payment of Taxes, Etc. (a) Borrower shall pay or cause to be paid all taxes, assessments, water rates, sewer rents, governmental impositions, and other charges, including without limitation vault charges and license fees for the use of vaults, chutes and similar areas adjoining the Land, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Taxes"), all ground rents, maintenance charges and similar charges, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Other Charges"), and all charges for utility services provided to the Property prior to the date on which interest or delinquency charges begins to accrue thereon or any non-payment thereof would result in time the application of any penalties, provided however that taxes may be paid in installments to the extent permitted by the taxing authoritysame become delinquent. Borrower will deliver to Lender, promptly upon Lender's ’s request, evidence satisfactory to Lender that the Taxes, Other Charges and utility service charges have been so paid or are not then delinquent. Borrower shall not suffer and shall promptly cause to be paid and discharged any lien or charge whatsoever which may be or become a lien or charge against the Property. Except to the extent sums sufficient to pay all Taxes and Other Charges have been deposited with Lender in accordance with the terms of this Security Instrument, Borrower shall furnish to Lender paid receipts for the payment of the Taxes and Other Charges prior to the date the same shall become delinquent.

Appears in 1 contract

Samples: Extension and Spreader Agreement and Security Agreement (Sun Communities Inc)

Payment of Taxes, Etc. (a) Borrower shall pay pay, or shall cause Tenant to be paid pay, all taxes, assessments, water rates, sewer rents, governmental impositions, and other charges, including without limitation vault charges and license fees for the use of vaults, chutes and similar areas adjoining the Land, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Taxes"), all ground rents, maintenance charges and similar charges, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Other Charges"), and all charges for utility services provided to the Property prior to the date on which interest or delinquency charges begins to accrue thereon or any non-payment thereof would result in the application of any penalties, provided however that taxes may be paid in installments to the extent permitted by the taxing authoritysame becoming delinquent. Borrower will deliver or cause Tenant to deliver to Lender, promptly upon Lender's request, evidence satisfactory to Lender that the Taxes, Other Charges and utility service charges have been so paid or are not then delinquent. Borrower shall not suffer and shall promptly cause to be paid and discharged any lien or charge whatsoever which may be or become a lien or charge against the Property. Except to the extent sums sufficient to pay all Taxes and Other Charges have been deposited with Lender in accordance with the terms of this Security Instrument, Borrower shall furnish furnish, or cause Tenant to furnish, to Lender paid receipts 119 for the payment of the Taxes and Other Charges prior to the date the same shall become delinquent.

Appears in 1 contract

Samples: Loan Agreement (Entertainment Properties Trust)

Payment of Taxes, Etc. (a) Borrower Mortgagor shall pay or cause to be paid all taxes, assessments, water rates, rates and sewer rents, now or hereafter levied or assessed or imposed against the Mortgaged Property or any part thereof (the "TAXES") and all ground rents, maintenance charges, other governmental impositions, and other chargescharges levied, including assessed or imposed against the Mortgaged Property, including, without limitation limitation, vault charges and license fees (collectively, "Other Charges") for the use of vaults, chutes and similar areas adjoining the LandReal Property, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Taxes"), all ground rents, maintenance charges as same become due and similar charges, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Other Charges"), and all charges for utility services provided to the Property prior to the date on which interest or delinquency charges begins to accrue thereon or any non-payment thereof would result in the application of any penalties, provided however that taxes may be paid in installments to the extent permitted by the taxing authoritypayable. Borrower Mortgagor will deliver to LenderMortgagee, promptly upon LenderMortgagee's request, evidence satisfactory to Lender Mortgagee that the Taxes, Taxes and Other Charges and utility service charges have been so paid or and are not then delinquent. Borrower Mortgagor shall not suffer or permit any lien or charge (including, without limitation, any mechanic's lien) against all or any part of the Mortgaged Property and Mortgagor shall promptly cause to be paid and discharged any lien or charge whatsoever which may be or become a lien or charge against the Mortgaged Property. Except Mortgagor shall promptly pay for all utility services provided to the extent sums sufficient Mortgaged Property. In addition, Mortgagee may, at its option, retain the services of a firm to pay all Taxes and Other Charges have been deposited with Lender in accordance with the terms of this Security Instrument, Borrower shall furnish to Lender paid receipts for monitor the payment of Taxes, the Taxes and Other Charges prior to the date the same cost of which shall become delinquent.be borne by Mortgagor. Loan No. 6518291

Appears in 1 contract

Samples: Rents and Security Agreement (Inland Western Retail Real Estate Trust Inc)

Payment of Taxes, Etc. (a) Subject to the provisions of Section 3.5 hereof, Borrower shall pay or cause to be paid pay, when due, all taxes, assessments, water rates, sewer rents, rents or governmental impositions, and other charges, including without limitation vault charges and license fees for the use of vaults, chutes and similar areas adjoining the Land, now or hereafter levied or assessed or imposed against the Property or any part thereof impositions (the "Taxes"), maintenance charges, all ground rents, maintenance other charges and similar charges, now or hereafter levied or assessed or imposed against the Property or any part thereof impositions (herein called the "Other Charges")) now or hereafter assessed, levied or otherwise charged against the Property, or any part thereof, and all charges shall promptly furnish proof, satisfactory in form and substance to Lender, of such payment. Borrower may protest tax assessments with the appropriate governmental authorities so long as funds have been reserved for utility services provided payment of Taxes in a manner satisfactory to Lender. In the event of the passage after date of this Security Instrument of any law, ordinance, or regulation, deducting from the Property prior for the purposes of taxation any lien thereon, or changing in any way the laws now in force for the taxation of mortgages, deeds of trust, or indebtedness secured thereby, or the manner of the operation of any such taxes so as to affect the date on which interest of Lender, then and in such event, Borrower shall bear and pay the full amount of such Taxes, unless the payment thereof by Borrower would be unlawful or delinquency charges begins to accrue thereon or any non-if the payment thereof would result in constitute usury or render the application of any penalties, provided however that taxes may be paid in installments to the extent permitted by the taxing authorityLoan wholly or partially usurious. If Borrower will deliver to Lender, promptly upon Lender's request, evidence satisfactory to Lender that the Taxes, Other Charges and utility service charges have been so paid or are not then delinquent. Borrower shall not suffer and shall promptly cause to be paid and discharged any lien or charge whatsoever which may be or become a lien or charge against the Property. Except to the extent sums sufficient fails to pay all any such Taxes and Other Charges have been deposited Charges, Lender may pay the same, together with all costs and penalties thereon, at Borrower's expense; provided, however, that if for any reason payment by Borrower or by Lender of any such new or additional Taxes would be unlawful or if the payment thereof would constitute usury or render the Loan wholly or partially usurious, Lender, at Lender's option, may declare the unpaid Loan with all accrued interest thereon to be immediately due and payable, or Lender, at Lender's option, may pay the amount or portion of such Taxes which otherwise would render the Loan unlawful or usurious, in accordance with the terms of this Security Instrument, which event Borrower shall furnish to Lender paid receipts for concurrently therewith pay the payment remaining lawful and nonusurious portion or balance of the Taxes and Other Charges prior to the date the same shall become delinquentsaid Taxes.

Appears in 1 contract

Samples: Deed of Trust and Security Agreement (Global Geophysical Services Inc)

Payment of Taxes, Etc. (a) Borrower Mortgagor shall pay or cause to be paid all taxes, assessments, water rates, rates and sewer rents, now or hereafter levied or assessed or imposed against the Mortgaged Property or any part thereof (the "TAXES") and all ground rents, maintenance charges, other governmental impositions, and other chargescharges levied, including assessed or imposed against the Mortgaged Property, including, without limitation limitation, vault charges and license fees (collectively, "Other Charges") for the use of vaults, chutes and similar areas adjoining the LandReal Property, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Taxes"), all ground rents, maintenance charges as same become due and similar charges, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Other Charges"), and all charges for utility services provided to the Property prior to the date on which interest or delinquency charges begins to accrue thereon or any non-payment thereof would result in the application of any penalties, provided however that taxes may be paid in installments to the extent permitted by the taxing authoritypayable. Borrower Mortgagor will deliver to LenderMortgagee, promptly upon LenderMortgagee's request, evidence satisfactory to Lender Mortgagee that the Taxes, Taxes and Other Charges and utility service charges have been so paid or and are not then delinquent. Borrower Mortgagor shall not suffer or permit any lien or charge (including, without limitation, any mechanic's lien) against all or any part of the Mortgaged Property and Mortgagor shall promptly cause to be paid and discharged any lien or charge whatsoever which may be or become a lien or charge against the Mortgaged Property. Except Mortgagor shall promptly pay for all utility services provided to the extent sums sufficient Mortgaged Property. In addition, Mortgagee may, at its option, retain the services of a firm to pay all Taxes and Other Charges have been deposited with Lender in accordance with the terms of this Security Instrument, Borrower shall furnish to Lender paid receipts for monitor the payment of Taxes, the Taxes and Other Charges prior to the date the same cost of which shall become delinquentbe borne by Mortgagor.

Appears in 1 contract

Samples: Mortgage (Inland Western Retail Real Estate Trust Inc)

Payment of Taxes, Etc. (a) Borrower shall promptly pay or cause to be paid all taxes, assessments, water rates, sewer rents, governmental impositions, and other charges, including without limitation vault charges and license fees for the use of vaults, chutes and similar areas adjoining the Land, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Taxes"), all ground rentsrents payable under the Ground Lease, maintenance charges and similar charges, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Other Charges"), and all charges for utility services provided to the Property prior to the date on which interest or delinquency charges begins to accrue thereon or any non-payment thereof would result in the application of any penalties, provided however that taxes may be paid in installments to the extent permitted by the taxing authorityas same become due and payable. Borrower will deliver to Lender, promptly upon Lender's request, evidence satisfactory to Lender that the Taxes, Other Charges and utility service charges have been so paid or are not then delinquent. Borrower shall not suffer and shall promptly cause to be paid and discharged any lien or charge whatsoever which may be or become a lien or charge against the Property. Except to the extent sums sufficient to pay all Taxes and Other Charges have been deposited with Lender in accordance with the terms of this Security Instrument, Borrower shall furnish to Lender paid receipts for the payment of the Taxes and Other Charges prior to the date the same shall become delinquent.

Appears in 1 contract

Samples: Mortgage and Security Agreement (Cedar Income Fund LTD /Md/)

Payment of Taxes, Etc. (a) Borrower shall pay or cause to be paid all taxes, assessments, water rates, rates and sewer rents, now or hereafter levied or assessed or imposed against the Mortgaged Property or any part thereof (the “Taxes”) and all ground rents, maintenance charges, other governmental impositions, and other charges, including including, without limitation limitation, vault charges and license fees (collectively, “Other Charges”) for the use of vaults, chutes and similar areas adjoining the LandReal Property, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Taxes")as same, all ground rents, maintenance charges become due and similar charges, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Other Charges"), and all charges for utility services provided to the Property prior to the date on which interest or delinquency charges begins to accrue thereon or any non-payment thereof would result in the application of any penalties, provided however that taxes may be paid in installments to the extent permitted by the taxing authoritypayable. Borrower will deliver to Lender, promptly upon Lender's ’s request, evidence satisfactory to Lender that the Taxes, Taxes and Other Charges and utility service charges have been so paid or and are not then delinquent. Borrower shall not suffer or permit any lien or charge (including, without limitation, any mechanic’s lien) against all or any part of the Mortgaged Property and Borrower shall promptly cause to be paid and discharged any lien or charge whatsoever which may be or become a lien or charge against the Mortgaged Property. Except Borrower shall promptly pay for all utility services provided to the extent sums sufficient Mortgaged Property. In addition, Lender may, at its option, retain the services of a firm to pay all Taxes and Other Charges have been deposited with Lender in accordance with the terms of this Security Instrument, Borrower shall furnish to Lender paid receipts for monitor the payment of Taxes, the Taxes and Other Charges prior to the date the same cost of which shall become delinquentbe borne by Borrower.

Appears in 1 contract

Samples: Loan Agreement (GTJ REIT, Inc.)

Payment of Taxes, Etc. (a) Borrower shall pay or cause to be paid all All taxes, assessments, assessments and water rates, and sewer rents, now or hereafter levied or assessed or imposed against the Mortgaged Property or any part thereof (the "Taxes"") shall be paid when due in the manner provided in ----- paragraph 6 of this Mortgage. Mortgagor shall pay all ground rents, maintenance charges, other governmental impositions, and other charges, including without limitation vault charges and license fees for the use of vaults, chutes and similar areas adjoining the LandMortgaged Property, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Taxes"), all ground rents, maintenance charges and similar charges, now or hereafter levied or assessed or imposed against the Mortgaged Property or any part thereof (the "Other Charges"), ) as the same become due and all charges for utility services provided to the Property prior to the date on which interest or delinquency charges begins to accrue thereon or any non-payment thereof would result in the application of any penalties, provided however that taxes may be paid in installments to the extent permitted by the taxing authoritypayable. Borrower Mortgagor ------------- will deliver to LenderMortgagee, promptly upon LenderMortgagee's request, tax certificates or receipted tax bills issued by the relevant taxing authority or other evidence satisfactory to Lender Mortgagee that the Taxes, Taxes and Other Charges and utility service charges have been so paid or are not then delinquent. Borrower Mortgagor shall not suffer and shall promptly cause to be paid and or discharged any lien or charge whatsoever which may be or become a lien or charge against the Mortgaged Property, and shall promptly pay for all utility services provided to the Mortgaged Property. Except to the extent sums sufficient to pay all Taxes and Other Charges have been deposited with Lender in accordance with the terms of this Security Instrument, Borrower Mortgagor shall furnish to Lender paid Mortgagee or its designee receipts for the payment of the Taxes and Other Charges prior to the date the same shall become delinquent.

Appears in 1 contract

Samples: Indemnity Agreement (Afc Enterprises Inc)

Payment of Taxes, Etc. (a) Borrower shall pay or cause to be paid all taxes, assessments, water rates, sewer rents, governmental impositions, and other charges, including without limitation vault charges and license fees for the use of vaults, chutes and similar areas adjoining the Land, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Taxes"), all ground rents, maintenance charges and similar charges, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Other Charges"), and all charges for utility services provided to the Property prior to the date on which interest or delinquency charges begins to accrue thereon or any non-payment thereof would result in the application of any penalties, provided however that taxes may be paid in installments to the extent permitted by the taxing authoritysame becoming delinquent. Borrower will deliver to Lender, promptly upon Lender's request, evidence satisfactory to Lender that the Taxes, Other Charges and utility service charges have been so paid or are not then delinquent. Borrower shall not suffer and shall promptly cause to be paid and discharged any lien or charge whatsoever in respect to Taxes and Other Charges which may be or become a lien or charge against the Property. Except to the extent sums sufficient to pay all Taxes and Other Charges have been deposited with Lender in accordance with the terms of this Security Instrument, Borrower shall furnish to Lender paid receipts for the payment of the Taxes and Other Charges prior to the date the same shall become delinquent.

Appears in 1 contract

Samples: Extension Agreement (Unitel Video Inc/De)

Payment of Taxes, Etc. (a) Borrower shall promptly pay or cause to be paid by their due date all taxes, assessments, water rates, sewer rents, and other governmental impositions, and other chargesincluding, including without limitation limitation, vault charges and license fees for the use of vaults, chutes and similar areas adjoining the Land, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Taxes"), all ground rents, maintenance charges and similar charges, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Other Charges"), and all charges for utility services provided to the Property prior to the date on which interest or delinquency charges begins to accrue thereon or any non-payment thereof would result in the application of any penalties, provided however that taxes may be paid in installments to the extent permitted by the taxing authorityas same become due and payable. Borrower will deliver to Lender, promptly upon Lender's request, evidence satisfactory to Lender that the Taxes, Other Charges and utility service charges have been so paid or are not then delinquent. Borrower shall not suffer and shall promptly cause to be paid and discharged any lien or charge whatsoever which may be or become a lien or charge against the Property. Except to the extent sums sufficient to pay all Taxes and Other Charges have been deposited with Lender in accordance with the terms of this Security Instrument, Borrower shall furnish to Lender paid receipts for the payment of the Taxes and Other Charges prior to the date the same shall become delinquent. After prior written notice to Lender, Borrower, at its own expense, may contest by appropriate legal proceeding, promptly initiated and conducted in good faith and with due diligence, the amount or validity or application in whole or in part of any of the Taxes, provided that (i) no Event of Default has occurred and is continuing under the Note, this Security Instrument or any of the Other Security Documents, (ii) Borrower is permitted to do so under the provisions of any other mortgage, deed of trust or deed to secure debt affecting the Property, (iii) such proceeding shall suspend the collection of the Taxes from Borrower and from the Property or Borrower shall have paid all of the Taxes under protest, (iv) such proceeding shall be permitted under and be conducted in accordance with the provisions of any other instrument to which Borrower is subject and shall not constitute a default thereunder, (v) neither the Property nor any part thereof or interest therein will be in danger of being sold, forfeited, terminated, cancelled or lost, and (vi) Borrower shall have established appropriate reserves in accordance with GAAP in respect to the Taxes, together with all interest and penalties thereon, unless Borrower has paid all of the Taxes under protest, or Borrower shall have furnished the security as may be required in the proceeding, or as may be reasonably requested by Lender to insure the payment of any contested Taxes, together with all interest and penalties thereon.

Appears in 1 contract

Samples: Credit Agreement (Moore Handley Inc /De/)

Payment of Taxes, Etc. (a) Borrower shall pay or cause to be paid by their due date all taxes, assessments, water rates, sewer rents, governmental impositions, and other charges, including including, without limitation limitation, vault charges and license fees for the use of vaults, chutes and similar areas adjoining the Land, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Taxes"), all ground rents, maintenance charges and similar charges, now or hereafter levied or assessed or imposed against against-the Property or any part thereof (the "Other Charges"), and all charges for utility services provided to the Property prior to the date on which interest or delinquency charges begins to accrue thereon or any non-payment thereof would result in the application of any penalties, provided however that taxes may be paid in installments to the extent permitted by the taxing authorityas same become due and payable. Borrower will deliver to Lender, promptly upon LenderXxxxxx's request, evidence satisfactory to Lender that the Taxes, Other Charges and utility service charges have been so paid or are not then delinquent. Borrower shall shall-not suffer and shall promptly cause to be paid and discharged any lien or charge whatsoever which may be or become a lien or charge against the Property. Except to the extent sums sufficient to pay all Taxes and Other Charges have been deposited with Lender in accordance with the terms of this Security Instrument, Borrower shall furnish to Lender paid receipts for the payment of the Taxes and Other Charges prior to the date the same shall become delinquent.

Appears in 1 contract

Samples: Security Agreement (Hartman Commercial Properties Reit)

Payment of Taxes, Etc. (a) Borrower shall promptly pay or cause to be paid all taxes, assessments, water rates, sewer rents, governmental impositions, and other charges, including without limitation vault charges and license fees for the use of vaults, chutes and similar areas adjoining the Land, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Taxes"), all ground rents, maintenance charges and similar charges, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Other Charges"), and all charges for utility services provided to the Property prior to the date on which interest or delinquency charges begins to accrue thereon or any non-payment thereof would result in the application of any penalties, provided however that taxes may be paid in installments to the extent permitted by the taxing authorityas same become due and payable. Borrower will deliver to Lender, promptly upon Lender's ’s request, evidence satisfactory to Lender that the Taxes, Other Charges and utility service charges have been so paid or are not then delinquent. Borrower shall not suffer and shall promptly cause to be paid and discharged any lien or charge whatsoever which may be or become a lien or charge against the Property. Except to the extent sums sufficient to pay all Taxes and Other Charges have been deposited with Lender in accordance with the terms of this Security Instrument, Borrower shall furnish to Lender paid receipts for the payment of the Taxes and Other Charges prior to the date the same shall become delinquent.

Appears in 1 contract

Samples: Trust and Security Agreement (Innovative Micro Technology Inc)

Payment of Taxes, Etc. (a) Borrower shall promptly pay or cause to be paid all --------------------- taxes, assessments, water rates, sewer rents, governmental impositions, and other charges, including without limitation vault charges and license fees for the use of vaults, chutes and similar areas adjoining the Land, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Taxes"), all ground rents, maintenance charges and similar charges, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Other Charges"), and all charges for utility services provided to the Property prior to the date on which interest or delinquency charges begins to accrue thereon or any non-payment thereof would result as same become due and payable, in the application of any penalties, provided however that taxes may be paid in installments each case to the extent permitted payable by the taxing authorityBorrower directly. Borrower will deliver to Lender, promptly upon Lender's request, evidence satisfactory to Lender that the Taxes, Other Charges and such utility service charges have been so paid or are not then delinquent. Borrower shall not suffer and shall promptly cause to be paid and discharged any lien or charge whatsoever which may be or become a lien or charge against the Property (other than a Permitted Encumbrance). After prior notice to Lender, in the case of any material item, Borrower, at its own expense, may contest by appropriate legal proceeding, promptly initiated and conducted in good faith and with due diligence, the amount or validity or application in whole or in part of any of the Taxes, provided that (i) no Event of Default exists under this Security Instrument or the Credit Agreement, (ii) Borrower is permitted to do so under the provisions of the Ground Lease, if applicable, (iii) such proceeding shall suspend the collection of the Taxes from Borrower and from the Property. Except to the extent sums sufficient to pay all Taxes , (iv) such proceeding shall be permitted under and Other Charges have been deposited with Lender be conducted in accordance with the terms provisions of this Security Instrumentany other instrument to which Borrower or the Property is subject and shall not constitute a default thereunder, (v) neither the Property nor any part thereof or interest therein will be in danger of being sold, forfeited, terminated, cancelled or lost as a result of such proceeding, (vi) Borrower shall furnish to Lender paid receipts have set aside adequate reserves for the payment of the Taxes Taxes, together with all interest and Other Charges prior penalties thereon, and (vii) Borrower shall have furnished such security as may be required in the proceeding to insure the date the same shall become delinquentpayment of any such Taxes, together with all interest and penalties thereon.

Appears in 1 contract

Samples: Kilroy Realty Corp

Payment of Taxes, Etc. The Borrower shall promptly pay and discharge: all taxes, assessments, fees, and other Governmental charges or levies or imposed upon it or upon any of its properties, income or profits, before the same shall become delinquent; all lawful claims of materialmen, mechanics, carriers, warehousemen, landlords and other similar Persons for labor, materials, supplies and rentals, which if unpaid might by law become a Lien upon its properties; any Indebtedness heretofore or hereafter incurred by it when due, and discharge, perform and observe covenants, provisions and conditions to be discharged, performed and observed by it in connection therewith, or in connection with any agreement or other instrument relating thereto or in T-27864.004/1136074.docx connection with any Lien existing at any time upon any of its properties; provided, however, that the Borrower shall not be required to pay any of the foregoing if (a) the amount, applicability or validity thereof shall currently be contested in good faith by appropriate proceedings, (b) the Borrower shall have set aside on its books adequate reserves with respect thereto and (c) the title of the Borrower to, and its right to use, its properties is not materially and adversely affected thereby. The Borrower hereby agrees that, in the event it fails to pay or cause to be paid all taxes, assessments, water ratesfees and other Governmental charges or levies or the premium on any required insurance, sewer rentsthe Trustee may make such payment, governmental impositionsbut is not obligated to do so, and other charges, including without limitation vault charges and license fees for the use of vaults, chutes and similar areas adjoining the Land, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Taxes"), all ground rents, maintenance charges and similar charges, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Other Charges"), and all charges for utility services provided to the Property prior to the date on which interest or delinquency charges begins to accrue thereon or any non-payment thereof would result in the application of any penalties, provided however that taxes may Trustee shall be paid in installments to the extent permitted reimbursed by the taxing authority. Borrower will deliver to Lender, promptly upon Lender's request, evidence satisfactory to Lender that therefor with interest on the Taxes, Other Charges and utility service charges have been amount so paid or are not then delinquent. Borrower shall not suffer and shall promptly cause to be paid and discharged any lien or charge whatsoever which may be or become a lien or charge against advanced at the Property. Except to the extent sums sufficient to pay all Taxes and Other Charges have been deposited with Lender in accordance with the terms of this Security Instrument, Borrower shall furnish to Lender paid receipts Interest Rate for the payment of the Taxes and Other Charges prior to the date the same shall become delinquentAdvances.

Appears in 1 contract

Samples: Loan Agreement

Payment of Taxes, Etc. (a) Borrower shall Pursuant to the Lease Agreement, Tenant is obligated to pay or cause to be paid all taxes, assessments, water rates and sewer rates, sewer now of hereafter levied or assessed or imposed against the Trust Property or any part thereof (the "Taxes") and all ground rents, maintenance charges, other governmental impositions, and other charges, including including, without limitation limitation, vault charges and license fees for the use of vaults, chutes and similar areas adjoining the LandTrust Property, now or hereafter levied or assessed or imposed against as same become due and payable. In the Property or any part thereof (the "Taxes"), all ground rents, maintenance charges and similar charges, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Other Charges"), and all charges for utility services provided event that Tenant fails to pay said Taxes pursuant to the Property prior to terms of the date on which interest or delinquency charges begins to accrue thereon or Lease Agreement and such failure continues beyond the expiration of any non-payment thereof would result applicable notice and cure period provided for in the application of any penaltiesLease Agreement, provided however that taxes may be paid in installments to the extent permitted by the taxing authorityTrustor shall pay same, as same become due and payable. Borrower Trustor will deliver to LenderBeneficiary, promptly upon LenderBeneficiary's request, evidence reasonably satisfactory to Lender Beneficiary that the TaxesTaxes and said charges, Other Charges fees and utility service charges impositions have been so paid or and are not then delinquent. Borrower Trustor shall not suffer or permit any lien or charge (including, without limitation, any mechanic's lien) against all or any part of the Trust Property and Trustor shall promptly cause to be paid and discharged discharged, or cause Tenant or Manager, as the case may be, to pay and discharge in accordance with the terms of the Lease Agreement or the Management Agreement, as applicable, any lien or charge whatsoever which may be or become a lien or charge against the Trust Property. Except Trustor shall promptly pay, or cause Tenant and/or Manager to pay, for all utility services provided to the extent sums sufficient Trust Property. In addition, Beneficiary may, at its option, retain the services of a firm to pay all Taxes and Other Charges have been deposited with Lender in accordance with the terms of this Security Instrument, Borrower shall furnish to Lender paid receipts for monitor the payment of Taxes, the Taxes and Other Charges prior to the date the same reasonable cost of which shall become delinquentbe borne by Trustor.

Appears in 1 contract

Samples: And Security Agreement (Hospitality Properties Trust)

Payment of Taxes, Etc. (a) Borrower shall promptly pay or cause to be paid all taxes, assessments, water rates, sewer rents, governmental impositions, and other charges, including without limitation vault charges and license fees for the use of vaults, chutes and similar areas adjoining the Land, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Taxes"), all ground rents, maintenance charges and similar charges, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Other Charges"), and all charges for utility services provided to the Property prior to the date on which interest or delinquency charges begins to accrue thereon or any non-payment thereof would result in the application of any penalties, provided however that taxes may be paid in installments to the extent permitted by the taxing authorityas same become due and payable. Borrower will deliver to Lender, promptly upon Lender's ’s request, evidence satisfactory to Lender that the Taxes, Other Charges and utility service charges have been so paid or are arc not then delinquent. Borrower shall not suffer and shall promptly cause to be paid and discharged any lien or charge whatsoever which may be or become a lien or charge against the Property. Except to the extent sums sufficient to pay all Taxes and Other Charges have been deposited with Lender in accordance with the terms of this Security Instrument, Borrower shall furnish to Lender paid receipts for the payment of the Taxes and Other Charges prior to the date the same shall become delinquent.

Appears in 1 contract

Samples: Mortgage And (Resource Real Estate Opportunity REIT, Inc.)

Payment of Taxes, Etc. (a) Borrower shall pay or cause to be paid all taxes, assessments, water rates, sewer rents, governmental impositions, and other charges, including without limitation limitation, vault charges and license fees for the use of vaults, chutes and similar areas adjoining the Land, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "TaxesTAXES"), all ground rents, maintenance charges and similar charges, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Other ChargesOTHER CHARGES"), and all charges for utility services provided to the Property prior to the date on which interest or delinquency charges begins to accrue thereon or any non-payment thereof would result in the application of any penalties, provided however that taxes may be paid in installments to the extent permitted by the taxing authorityas same become due and payable. Borrower will deliver to Lender, promptly upon Lender's request, evidence satisfactory to Lender that the Taxes, Other Charges and utility service charges have been so paid or are not then delinquent. Borrower shall not suffer allow and shall promptly cause to be paid and discharged any lien or charge whatsoever which may be or become a lien or charge against the Property, except for liens covering Taxes and Other Charges which are not yet due. Except to the extent sums sufficient to pay all Taxes and Other Charges have been deposited with Lender in accordance with the terms of this Security Instrument, Borrower shall furnish to Lender paid receipts for the payment of the Taxes and Other Charges prior to the date the same shall become delinquent. Notwithstanding anything to the contrary contained herein, Borrower shall not be deemed to be in breach of its obligations under this Subsection 3.3(a) if Lender fails to pay the Taxes and Other Charges in accordance with the terms of the Escrow Agreement and funds sufficient to pay the same have been deposited by Borrower.

Appears in 1 contract

Samples: Security Agreement (Westcoast Hospitality Corp)

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