Common use of Prohibited Liens Clause in Contracts

Prohibited Liens. (a) Grantor shall not permit any governmental or statutory liens (including tax, mechanic's or materialmen's liens) to be filed against the Property except for real estate taxes and assessments not yet delinquent by non-payment and liens permitted by the Loan Documents or approved by Beneficiary in writing. Grantor will pay, from time to time when the same shall become due, all lawful claims and demands of mechanics, materialmen, laborers, and others which, if unpaid, might result in, or permit the creation of, a lien on the Property or any part thereof, and in general will do or cause to be done everything necessary so that the lien and effect hereof shall be fully preserved, at the cost of Grantor and without expense to Trustee or Beneficiary. (b) Grantor will have the right to contest in good faith by an appropriate legal or administrative proceeding the validity of any prohibited lien, encumbrance or charge so long as (i) no default exists under the Loan Documents, (ii) Grantor first deposits with Beneficiary a bond or other security satisfactory to Beneficiary in the amount reasonably required by Beneficiary, but not more than one and one--half (1 1/2) (i.e., 150%) of the amount of the claim; (iii) Grantor immediately commences its contest of such lien, provided, however, that within twenty (20) days after the filing of such lien Grantor discharges said lien of record or records a bond which complies with the requirements of RCW 60.04.161 eliminating such lien as an encumbrance on the Property, and continuously pursues the contest in good faith and with due diligence; (iv) foreclosure of the lien, encumbrance or charge is stayed; and (