Common use of Tax Deposits Clause in Contracts

Tax Deposits. If requested by the Lender, the Mortgagor shall deposit with the Lender, on the first day of each month until the Indebtedness is fully paid, a sum equal to 1/12th of 105% of the most recent ascertainable annual Taxes on the Premises. If requested by the Lender, the Mortgagor shall also deposit with the Lender an amount of money which, together with the aggregate of the monthly deposits to be made pursuant to the preceding sentence as of one month prior to the date on which the next installment of annual Taxes for the current calendar year become due, shall be sufficient to pay in full such installment of annual Taxes, as estimated by the Lender. Such deposits are to be held without any allowance of interest and are to be used for the payment of Taxes next due and payable when they become due. So long as no Event of Default under this Mortgage shall exist, the Lender shall, at its option, pay such Taxes when the same become due and payable (upon submission of appropriate bills therefor from the Mortgagor) or shall release sufficient funds to the Mortgagor for the payment thereof. If the funds so deposited are insufficient to pay any such Taxes for any year (or installments thereof, as applicable) when the same shall become due and payable, the Mortgagor shall, within 10 days after receipt of written demand therefor, deposit additional funds as may be necessary to pay such Taxes in full. If the funds so deposited exceed the amount required to pay such Taxes for any year, the excess shall be applied toward subsequent deposits. Said deposits need not be kept separate and apart from any other funds of the Lender. The Lender, in making any payment hereby authorized relating to Taxes, may do so according to any xxxx, statement or estimate procured from the appropriate public office without inquiry into the accuracy of such xxxx, statement or estimate or into the validity of any tax, assessment, sale, forfeiture, tax lien or title or claim thereof. The Lender shall not exercise its right to require such deposits so long as the Borrower has paid all Taxes when due.

Tax Deposits. If requested by Mortgagor shall establish and maintain at all times while this Mortgage continues in effect an impound account (the Lender, “Impound Account”) with Lender for payment of Taxes and insurance premiums on the Premises and as additional security for the Indebtedness secured hereby. Mortgagor shall deposit in the Impound Account an amount determined by Lender to be sufficient (when added to the monthly deposits described herein) to pay the next due installment of real estate taxes and assessments on the Premises at least one (1) month prior to the due date or the delinquency date thereof (as Lender shall determine in its sole discretion) and, if a monthly impound for insurance premiums is required under the terms of the Loan Agreement, the next due annual insurance premiums with respect to the LenderPremises, at least one (1) month prior to the due date thereof. Commencing on the first day of each month until the Indebtedness is fully paidmonthly interest payment date (each, a sum “Monthly Payment Date”) under the Loan Agreement and continuing thereafter on each Monthly Payment Date under the Loan Agreement, Mortgagor shall pay to Lender, concurrently with the Monthly Payment due under the Loan Agreement, deposits in an amount equal to 1/12th one-twelfth (1/12) of one hundred fiver percent (105% %) of the most recent recently ascertainable annual Taxes on the Premises. If requested by Premises (the Lender“Monthly Tax Impound”), plus (if applicable) one-twelfth (1/12) of the Mortgagor shall also deposit with the Lender an amount of money whichthe annual insurance premiums that will next become due and payable on insurance policies which Mortgagor is required to maintain hereunder (the “Monthly Insurance Impound”), together with each as estimated and determined by Lender. The Monthly Tax Impound or Monthly Insurance Impound, and the aggregate payments of the monthly deposits to be made interest or principal or both, payable pursuant to the preceding sentence as of one month prior to Note and the date on which the next installment of annual Taxes for the current calendar year become dueLoan Agreement, shall be sufficient added together and shall be paid as an aggregate sum by Mortgagor to Lender. If Lender at any time determines that the Monthly Tax Impound or Monthly Insurance Impound is insufficient, Lender may in its discretion adjust the required monthly payments of such amounts, and Mortgagor shall be obligated to pay in full such installment of annual Taxes, as estimated by the Lender. Such deposits are to be held without any allowance of interest and are to be used increased amounts for the payment of Taxes Monthly Tax Impound or (if applicable) Monthly Insurance Impound commencing with the next due and payable when they become dueMonthly Payment Date under the Loan Agreement. So long as no Event of Default under this Mortgage or Default has occurred and is continuing, all sums in the Impound Account shall exist, be held by Lender in the Lender shall, at its option, Impound Account and used to pay such Taxes when and insurance premiums before the same become delinquent. Mortgagor shall be responsible for ensuring the receipt by Lender, at least thirty (30) days prior to the respective due date or the delinquency date for payment thereof (as Lender shall determine in its sole discretion), of all bills, invoices and payable statements for all Taxes and (upon submission of appropriate bills therefor if applicable) insurance premiums to be paid from the Mortgagor) Impound Account, and so long as no Event of Default has occurred and is continuing, Lender shall pay the Governmental Authority or shall release sufficient funds other party entitled thereto directly to the Mortgagor extent funds are available for such purpose in the payment thereofImpound Account. If the funds so deposited are insufficient to pay any such Taxes for any year (or installments thereof, as applicable) when the same shall become due and payable, the Mortgagor shall, within 10 days after receipt of written demand therefor, deposit additional funds as may be necessary to pay such Taxes in full. If the funds so deposited exceed the amount required to pay such Taxes for any year, the excess shall be applied toward subsequent deposits. Said deposits need not be kept separate and apart from any other funds of the Lender. The Lender, in In making any payment hereby authorized relating from the Impound Account, Lender shall be entitled to Taxes, may do so according to rely on any xxxx, statement or estimate procured from the appropriate public office or insurance company or agent without any inquiry into the accuracy of such xxxx, statement or estimate or and without any inquiry into the validity accuracy, validity, enforceability or contestability of any tax, assessment, valuation, sale, forfeiture, tax lien or title or claim thereof. The Lender shall pay no interest on funds contained in the Impound Account to Mortgagor, and any interest or other earnings on funds deposited in the Impound Account shall be solely for the account of Lender. If the total funds in the Impound Account shall exceed the amount of payments actually applied by Lender for the purposes of the Impound Account, such excess may be credited by Lender on subsequent payments to be made hereunder or, at the option of Lender, refunded to Mortgagor. In allocating such excess, Lender may deal with the person shown on the records of Lender to be the owner of the Premises. If, however, the Impound Account shall not exercise its right contain sufficient funds to require pay the sums required when the same shall become due and payable, Mortgagor shall, within ten (10) days after receipt of written notice thereof, deposit with Lender the full amount of any such deposits so long as the Borrower has paid all Taxes when duedeficiency. The Impound Account shall not constitute a trust fund and may be commingled with other monies held by Lender.

Tax Deposits. If requested by the LenderAt Beneficiary’s option, the Mortgagor Trustor shall deposit with the LenderBeneficiary, on the first day of each month until the Indebtedness is fully paid, a sum equal to 1/12th one-twelfth (1/12th) of one hundred five percent (105% %) of the most recent ascertainable annual Taxes on the Premises. If requested by the LenderBeneficiary, the Mortgagor Trustor shall also deposit with the Lender Beneficiary an amount of money which, together with the aggregate of the monthly deposits to be made pursuant to the preceding sentence as of one month prior to the date on which the next installment of annual Taxes for the current calendar year become due, shall be sufficient to pay in full such installment of annual Taxes, as estimated by the LenderBeneficiary. Such deposits are to be held without any with allowance of interest at a rate equal to the Lender’s then current money market rate, as determined by the Lender in its sole discretion and adjusted by the Lender from time to time and are to be used for the payment of Taxes next due and payable when they become due, except as otherwise provided herein. So long as no Event of Default under this Mortgage shall exist, the Lender Beneficiary shall, at its option, pay such Taxes when the same become due and payable (upon submission of appropriate bills therefor from the MortgagorTrustor) or shall release sufficient funds to the Mortgagor Trustor for the payment thereof. If the funds so deposited are insufficient to pay any such Taxes for any year (or installments thereof, as applicable) when the same shall become due and payable, the Mortgagor Trustor shall, within 10 ten (10) days after receipt of written demand therefor, deposit additional funds as may be necessary to pay such Taxes in full. If the funds so deposited exceed the amount required to pay such Taxes for any year, the excess shall be applied toward subsequent deposits. Said deposits need not be kept separate and apart from any other funds of the LenderBeneficiary. The LenderBeneficiary, in making any payment hereby authorized relating to Taxes, may do so according to any xxxxbill, statement or estimate procured from the appropriate public office without inquiry into the accuracy of such xxxxbill, statement or estimate or into the validity of any tax, assessment, sale, forfeiture, tax lien or title or claim thereof. The Lender shall not exercise its right to require such deposits so long as the Borrower has paid all Taxes when due.

Tax Deposits. If requested by the LenderAt Mortgagee’s option, the Mortgagor shall deposit with the LenderMortgagee, on the first day of each month until the Indebtedness is fully paid, a sum equal to 1/12th one-twelfth (1/12th) of one hundred five percent (105% %) of the most recent ascertainable annual Taxes on the Premises. If requested by the LenderMortgagee, the Mortgagor shall also deposit with the Lender Mortgagee an amount of money which, together with the aggregate of the monthly deposits to be made pursuant to the preceding sentence as of one month prior to the date on which the next installment of annual Taxes for the current calendar year become due, shall be sufficient to pay in full such installment of annual Taxes, as estimated by the LenderMortgagee. Such deposits are to be held without any with allowance of interest at a rate equal to the Mortgagee’s then current money market rate, as determined by the Mortgagee in its sole discretion and adjusted by the Mortgagee from time to time and are to be used for the payment of Taxes next due and payable when they become due, except as otherwise provided herein. So long as no Event of Default under this Mortgage shall exist, the Lender Mortgagee shall, at its option, pay such Taxes when the same become due and payable (upon submission of appropriate bills therefor from the Mortgagor) or shall release sufficient funds to the Mortgagor for the payment thereof. If the funds so deposited are insufficient to pay any such Taxes for any year (or installments thereof, as applicable) when the same shall become due and payable, the Mortgagor shall, within 10 ten (10) days after receipt of written demand therefor, deposit additional funds as may be necessary to pay such Taxes in full. If the funds so deposited exceed the amount required to pay such Taxes for any year, the excess shall be applied toward subsequent deposits. Said deposits need not be kept separate and apart from any other funds of the LenderMortgagee. The LenderMortgagee, in making any payment hereby authorized relating to Taxes, may do so according to any xxxx, statement or estimate procured from the appropriate public office without inquiry into the accuracy of such xxxx, statement or estimate or into the validity of any tax, assessment, sale, forfeiture, tax lien or title or claim thereof. The Lender shall not exercise its right to require such deposits so long as the Borrower has paid all Taxes when due.

Tax Deposits. If requested by the Lender, the Mortgagor shall deposit with the Lender, on the first day of each month until the Indebtedness is fully paid, a sum equal to 1/12th of 105% of the most recent ascertainable annual Taxes on the Premises. If requested by the Lender, the Mortgagor shall also deposit with the Lender an amount of money which, together with the aggregate of the monthly deposits to be made pursuant to the preceding sentence as of one month prior to the date on which the next installment of annual Taxes for the current calendar year become due, shall be sufficient to pay in full such installment of annual Taxes, as estimated by the Lender. Such deposits are to be held without any allowance of interest and are to be used for the payment of Taxes next due and payable when they become due. So long as no Event of Default under this Mortgage shall exist, the Lender shall, at its option, pay such Taxes when the same become due and payable (upon submission of appropriate bills therefor from the Mortgagor) or shall release sufficient funds to the Mortgagor for the payment thereof. If the funds so deposited are insufficient to pay any such Taxes for any year (or installments thereof, as applicable) when the same shall become due and payable, the Mortgagor shall, within 10 days after receipt of written demand therefor, deposit additional funds as may be necessary to pay such Taxes in full. If the funds so deposited exceed the amount required to pay such Taxes for any year, the excess shall be applied toward subsequent deposits. Said deposits need not be kept separate and apart from any other funds of the Lender. The Lender, in making any payment hereby authorized relating to Taxes, may do so according to any xxxxbill, statement or estimate procured from the appropriate public office without inquiry into the accuracy of such xxxxbill, statement or estimate or into the validity of any tax, assessment, sale, forfeiture, tax lien or title or claim thereof. The Lender shall not exercise its right to require such deposits so long as the Borrower has paid all Taxes when due.

Tax Deposits. If requested Mortgagor covenants and agrees to deposit at such place as Mortgagee may from lime to time in writing appoint, and in the absence of such appointment, then at the office of Mortgagee commencing on the first day of the first month after request therefor by the LenderMortgagee, the Mortgagor shall deposit with the Lender, and on the first day of each month thereafter until the Indebtedness indebtedness secured by this Mortgage is fully paid, and all other obligations secured by this Mortgage are fully discharged, a sum equal to 1/12th of 105% one-twelfth of the most recent last total annual taxes and assessments for the last ascertainable annual Taxes year (general and special) on the Premises (unless said taxes are based upon assessments which exclude the improvements or any part thereof now constructed, or to be constructed, in which event the amount of such deposits shall be based upon Mortgagee's reasonable estimate as to the amount of taxes and assessments to be levied and assessed). In addition, Mortgagor shall, concurrently with the disbursement of the loan evidenced by the Note and secured hereby, also deposit with Mortgagee an amount, based upon the taxes and assessments so ascertainable or so estimated by Mortgagee, as the case may be, for taxes and assessments on the Premises. If requested by , on an accrual basis, for the Lender, the Mortgagor shall also deposit with the Lender an amount of money which, together with the aggregate period from January 1 of the monthly deposits year in which said loan was initially disbursed to be made pursuant to the preceding sentence as of one month prior to and including the date on which of the next installment of annual Taxes for the current calendar year become due, shall be sufficient to pay first deposit in full such installment of annual Taxes, as estimated by the Lender. this paragraph hereinabove mentioned Such deposits are to be held without any allowance of interest and need not be kept separate and apart, and are to be used for the payment of Taxes taxes and assessments (general and special) on said Premises next due and payable when they become due. So long as no Event of Default under this Mortgage shall exist, the Lender shall, at its option, pay such Taxes when the same become due and payable (upon submission of appropriate bills therefor from the Mortgagor) or shall release sufficient funds to the Mortgagor for the payment thereof. If the funds so deposited are insufficient to pay any such Taxes taxes or assessments (general and special) for any year (or installments thereof, as applicable) when the same shall become due and payable, the Mortgagor shall, within 10 ten (10) days after receipt of written demand therefor, deposit such additional funds as may be necessary to pay such Taxes taxes and assessments (general and special) in full. If the funds so deposited exceed the amount required to pay such Taxes taxes and assessments (general and special) for any year, the excess shall be applied toward on subsequent deposit or deposits. Said deposits need not Receipts showing and evidencing payment of all such taxes and assessments (general and special) shall be kept separate and apart from any other funds exhibited to Mortgagee within thirty (30) days after the due date for payment of the Lender. The Lender, in making any payment hereby authorized relating to Taxes, may do so according to any xxxx, statement or estimate procured from the appropriate public office without inquiry into the accuracy of such xxxx, statement or estimate or into the validity of any tax, assessment, sale, forfeiture, tax lien or title or claim thereof. The Lender shall not exercise its right to require such deposits so long as the Borrower has paid all Taxes when duesame.

Tax Deposits. If requested by Notwithstanding the Lenderforegoing provisions of this Article 5, if at any time any Material Monetary Default shall have occurred, Landlord may at any time thereafter give a notice to Tenant referring to this Section 5.7 and, if such notice shall be given, Tenant shall be obligated from and after the Mortgagor shall deposit with the Lenderdate which is ten (10) days after receipt of such notice to pay to Landlord in equal monthly installments, on the first day of each month until during the Indebtedness is fully paidbalance of the Term and any extended term of this Lease, a sum an amount equal to 1/12th of 105% one-twelfth of the most recent ascertainable annual Taxes Impositions for each fiscal tax year (collectively, "Tax Deposits"); provided, however, that in the event no Material Monetary Default shall occur for a period of two years from any Material Monetary Default which gives rise to Tenant's obligation to make Tax Deposits, Tenant's obligation to make such Tax Deposits shall cease until a subsequent Material Monetary Default may thereafter occur. Tax Deposits shall in the first instance be based on the Premises. If requested by Impositions for the Lenderprior fiscal tax year, the Mortgagor and when such Impositions shall also deposit with the Lender an amount of money which, together with the aggregate of the monthly deposits to be made pursuant to the preceding sentence as of one month prior to the date on which the next installment of annual Taxes ascertained for the current calendar year become duetax year, appropriate adjustments shall be sufficient made. Landlord shall keep all Tax Deposits in an interest bearing account in a New York Clearing House member bank, and the interest thereon shall be credited to Tenant (Tenant to pay in full all taxes on such installment of annual Taxes, as estimated by the Lenderinterest). Such deposits are Landlord shall apply Tax Deposits to be held without any allowance of interest and are to be used for the payment of Taxes next due and payable when they become due. So long the annual Impositions as no Event of Default under this Mortgage shall exist, the Lender shall, at its option, pay such Taxes when the same become due and payable (payable. From time to time upon submission of appropriate bills therefor from the Mortgagor) or notice to Tenant by Landlord, Tax Deposits shall release sufficient funds be increased to the Mortgagor for the payment thereof. If the funds so deposited are insufficient to pay any such Taxes for any year (or installments thereof, as applicable) when the same shall become due and payable, the Mortgagor shall, within 10 days after receipt of written demand therefor, deposit additional funds amounts as may be necessary to pay such Taxes in full. If provide a fund sufficient to meet the funds so deposited exceed the amount required to pay such Taxes for any year, the excess shall be applied toward subsequent deposits. Said deposits need not be kept separate and apart from any other funds payment of the Lender. The Lenderannual Impositions (or any installment thereof) as and when due and payable, in making any whether on the present dates of payment hereby authorized relating to Taxes, or on such other dates as may do so according to any xxxx, statement or estimate procured from the appropriate public office without inquiry into the accuracy of such xxxx, statement or estimate or into the validity of any tax, assessment, sale, forfeiture, tax lien or title or claim thereof. The Lender shall not exercise its right to require such deposits so long as the Borrower has paid all Taxes when duebe fixed by Legal Requirements.

Tax Deposits. If requested by the LenderAt Mortgagee’s option, the Mortgagor shall deposit with the LenderMortgagee, on the first day of each month until the Indebtedness is fully paid, a sum equal to 1/12th one-twelfth (1/12th) of one hundred five percent (105% %) of the most recent ascertainable annual Taxes on the Premises. If requested by the LenderMortgagee, the Mortgagor shall also deposit with the Lender Mortgagee an amount of money which, together with the aggregate of the monthly deposits to be made pursuant to the preceding sentence as of one month prior to the date on which the next installment of annual Taxes for the current calendar year become due, shall be sufficient to pay in full such installment of annual Taxes, as estimated by the LenderMortgagee. Such deposits are to be held without any with allowance of interest at a rate equal to the Lender’s then current money market rate, as determined by the Lender in its sole discretion and adjusted by the Lender from time to time and are to be used for the payment of Taxes next due and payable when they become due, except as otherwise provided herein. So long as no Event of Default under this Mortgage shall exist, the Lender Mortgagee shall, at its option, pay such Taxes when the same become due and payable (upon submission of appropriate bills therefor from the Mortgagor) or shall release sufficient funds to the Mortgagor for the payment thereof. If the funds so deposited are insufficient to pay any such Taxes for any year (or installments thereof, as applicable) when the same shall become due and payable, the Mortgagor shall, within 10 ten (10) days after receipt of written demand therefor, deposit additional funds as may be necessary to pay such Taxes in full. If the funds so deposited exceed the amount required to pay such Taxes for any year, the excess shall be applied toward subsequent deposits. Said deposits need not be kept separate and apart from any other funds of the LenderMortgagee. The LenderMortgagee, in making any payment hereby authorized relating to Taxes, may do so according to any xxxx, statement or estimate procured from the appropriate public office without inquiry into the accuracy of such xxxx, statement or estimate or into the validity of any tax, assessment, sale, forfeiture, tax lien or title or claim thereof. The Lender shall not exercise its right to require such deposits so long as the Borrower has paid all Taxes when due.

Tax Deposits. If requested Unless otherwise waived in writing by the LenderMortgagee, the Mortgagor shall covenants and agrees to deposit with such depositary as the LenderMortgagee from time to time may in writing appoint, and in the absence of such appointment, then at the office of Mortgagee, c/o ING Investment Management LLC, 0000 Xxxxxx Xxxxx Xxxx, XX, Xxxxx 000, Xxxxxxx, Xxxxxxx 00000-0000, Attention: Mortgage Loan Servicing Department, commencing on the date of disbursement of the loan secured hereby (the Loan”) and on the first day of each month following the month in which said disbursement occurred until the Indebtedness is fully paid, a sum equal to 1/12th of 105% one-twelfth (1/12th) of the most recent last total annual taxes and assessments for the last ascertainable annual Taxes year (if the current year’s taxes and assessments are not yet ascertainable) (general and special) on the Premises. If requested by Premises (unless said taxes are based upon assessments which exclude the LenderImprovements or any part thereof now constructed or to be constructed, in which event the Mortgagor shall also deposit with the Lender an amount of money which, together with such deposits shall be based upon the aggregate Mortgagee’s reasonable estimate as to the amount of the monthly deposits taxes and assessments to be made pursuant to the preceding sentence as of one month prior to the date on which the next installment of annual Taxes for the current calendar year become due, shall be sufficient to pay in full such installment of annual Taxes, as estimated by the Lenderlevied and assessed). Such deposits are to be held without any allowance of interest (unless local law requires otherwise) and are to be used for the payment of Taxes taxes and assessments (general and special) on the Premises next due and payable when they become due. So long Upon demand by such depositary, Mortgagor shall deliver and pay over to such depositary from time to time such additional sums or such additional security as no Event of Default under this Mortgage shall exist, are necessary to make up any deficiency in the Lender shall, at its option, pay amount necessary to enable such Taxes when the same become due and payable (upon submission of appropriate bills therefor from the Mortgagor) or shall release sufficient funds depositary to the Mortgagor for the payment thereof. If the funds so deposited are insufficient to fully pay any such Taxes for any year (or installments thereof, of the items hereinabove mentioned as applicable) when the same shall they become due and payable, the Mortgagor shall, within 10 days after receipt of written demand therefor, deposit additional funds as may be necessary to pay such Taxes in full. If the funds so deposited exceed the amount required to pay such Taxes items hereinabove mentioned for any year, the excess shall be applied toward on a subsequent deposit or deposits. Said deposits need not be kept separate and apart from any other funds of Mortgagee or such depositary. If any such taxes or assessments (general or special) shall be levied, charged, assessed or imposed upon or for the Lender. The LenderPremises, in making or any payment hereby authorized relating portion thereof, and if such taxes or assessments shall also be a levy, charge, assessment or imposition upon or for any other property not covered by the lien of this Mortgage, then the computation of any amount to Taxes, may do so according to any xxxx, statement or estimate procured from be deposited under this Paragraph 4 shall be based upon the appropriate public office without inquiry into the accuracy entire amount of such xxxxtaxes or assessments, statement or estimate or into and Mortgagor shall not have the validity right to apportion the amount of any tax, assessment, sale, forfeiture, tax lien such taxes or title or claim thereof. The Lender shall not exercise its right to require assessments for the purposes of such deposits so long as the Borrower has paid all Taxes when duecomputation.

Tax Deposits. If requested by the Lender, the Mortgagor Grantor shall deposit with the LenderGrantee, or with an escrow agent selected by Grantor, on the first day of the calendar month immediately following the date of this Deed and on the first day of each calendar month thereafter (each of which dates is hereinafter called the "monthly tax deposit date") until the payment in full of the Indebtedness is fully paid, a sum equal to 1/12th of 105% one-twelfth of the most recent ascertainable annual Taxes on Impositions to be levied, charged, assessed or imposed upon or for the PremisesSecurity within one year after said monthly tax deposit date. If requested by on any monthly tax deposit date the Lender, the Mortgagor shall also deposit with the Lender an amount of money whichImpositions to be levied, together with charged, assessed or imposed within the aggregate ensuing one year period shall not be fixed, such amount for the purpose of computing the monthly deposits deposit to be made pursuant by Grantor hereunder, shall be estimated by Grantee, with appropriate adjustment when the amount of such Impositions is fixed. The sums deposited by Grantor under this Section shall be held in an interest bearing account with interest being retained by Grantee and free of trust except to the preceding sentence as extent, if any, that applicable law shall otherwise require and applied in payment of one month such Impositions when due. Grantor shall give thirty (30) days prior written notice to Grantee in each instance when an Imposition is due, specifying the date Imposition to be paid and the amount thereof, the place of payment and the last day on which the next installment same may be paid in order to be within the time limit specified in Section 4 hereof entitled "Impositions". Notwithstanding the foregoing provision and so long as Grantor holds title to and controls the Security, Impositions are paid in full when due and there has been no Event of annual Taxes Default, or any state of facts which, with the passage of time or giving of notice, or both, would constitute an Event of Default under the Loan Documents, the interest earned by such escrows, less reasonable escrow costs, will be paid to Grantor on each real estate tax payment date. If for any reason the current calendar year become due, sums on deposit with Grantee or escrow agent under this Section shall not be sufficient to pay an Imposition within the time specified in Section 4 hereof, then Grantor shall, within ten (10) days after demand by Grantee, deposit sufficient sums so that Grantee may pay such Imposition in full, together with any penalty and interest thereon. Grantee may change its estimate of Impositions for any period, on the basis of a change in an assessment or tax rate or on the basis of a prior miscalculation or for any other reason, in which event Grantor shall deposit with Grantee or escrow agent within ten (10) days after demand the amount of any excess of the deposits which would theretofore have been payable under the revised estimate over the sums actually deposited. If any Imposition shall be levied, charged, assessed or imposed upon or for the Security, or any portion thereof, and if such Imposition shall also be a levy, charge, assessment or imposition upon or for any other premises not covered by the lien and security title of this Deed, then the computation of the amounts to be deposited under this Section shall be based upon the entire amount of such Imposition and Grantor shall not have the right to apportion any deposit with respect to such Imposition. Upon an assignment of this Deed, Grantee shall have the right to arrange to transfer all amounts deposited and still in its possession to the assignee and Grantee shall thereupon be completely released from all liability with respect to such deposit and Grantor or owner of the Security shall look solely to the assignee or transferee in reference thereto. Upon the payment in full such installment by Grantor of annual Taxesthe entire Indebtedness, as estimated any sums then held by the LenderGrantee under this Section shall be refunded to Grantor. Such deposits are to All amounts deposited shall be held without any allowance by Grantee as additional security for the sums secured by this Deed, and Grantor hereby grants to Grantee a security interest in such sums, and upon the occurrence of interest an Event of Default hereunder Grantee may, in its sole and are absolute discretion, apply said amounts to be used for the payment of Taxes next due the Indebtedness in whatever order Grantee may elect. Immediately upon receipt of such by Grantor, Grantor shall deliver to Grantee copies of all notices, demands, claims, bills, and payable when they become due. So long as no Event of Default under this Mortgage shall exist, the Lender shall, at its option, pay such Taxes when the same become due and payable (upon submission of appropriate bills therefor from the Mortgagor) or shall release sufficient funds receipts in relation to the Mortgagor Impositions. Notwithstanding the foregoing provisions, Grantee will waive the requirement for deposits as to that portion of Impositions payable directly to the governmental or other authority by tenants under the terms of leases approved by Grantee, provided satisfactory proof of payment thereof. If the funds so deposited are insufficient is promptly furnished to pay any such Taxes for any year (or installments thereof, as applicable) when the same shall become due and payable, the Mortgagor shall, within 10 days after receipt of written demand therefor, deposit additional funds as may be necessary to pay such Taxes in full. If the funds so deposited exceed the amount required to pay such Taxes for any year, the excess shall be applied toward subsequent deposits. Said deposits need not be kept separate and apart from any other funds of the Lender. The Lender, in making any payment hereby authorized relating to Taxes, may do so according to any xxxx, statement or estimate procured from the appropriate public office without inquiry into the accuracy of such xxxx, statement or estimate or into the validity of any tax, assessment, sale, forfeiture, tax lien or title or claim thereof. The Lender shall not exercise its right to require such deposits so long as the Borrower has paid all Taxes when dueGrantee.

Tax Deposits. If requested by Following the Lenderoccurrence of an Event of Default, the Mortgagor shall deposit with the LenderMortgagee monthly in advance, on together with and in addition to any other payments then payable under the first day of each month until the Indebtedness is fully paidLoan Documents, a sum equal to 1/12th the full amount of 105% of the most recent ascertainable annual Taxes all real property taxes and assessments next due on the Premises. If requested Mortgaged Properties (all as estimated by the LenderMortgagee) less all sums already paid therefor, divided by the Mortgagor shall also deposit with the Lender an amount number of money which, together with the aggregate of the monthly deposits months to be made pursuant to the preceding sentence as of elapse before one month prior to the date on which when such taxes and assessments will become due and payable. The Mortgagee may commingle such sums with deposits of others and may invest such sums for its (the next installment of annual Taxes for the current calendar year become dueMortgagee's) sole benefit, shall be sufficient without any obligation to pay in full interest thereon to the Mortgagor, and the Mortgagee may from time to time expend such installment of annual Taxessums, or any part thereof, to pay said taxes and assessments as estimated by the Lender. Such deposits are to be held without any allowance of interest and are to be used for the payment of Taxes next due and payable when they become due. So long as no Event of Default under this Mortgage shall exist, the Lender shall, at its option, pay such Taxes when the same become due and payable (upon submission payable. If the total of appropriate bills therefor from such deposits shall exceed the Mortgagor) or shall release sufficient funds amount necessary to pay said taxes and assessments such excess may, at the Mortgagee's option, be released to the Mortgagor for or applied on any indebtedness secured hereby. If, however, the payment thereof. If the funds so deposited are insufficient total of such deposits shall not be sufficient to pay any such Taxes for any year (or installments thereof, as applicable) said taxes and assessments when the same shall become due and payable, then the Mortgagor shall make up the deficiency on or before the date when payment of such taxes and assessments shall be due. If at any time the Mortgagor shall tender to the Mortgagee full payment of the Secured Obligations, the Mortgagee shall, within 10 days after receipt in computing the amount thereof, credit to the account of written demand therefor, deposit additional funds as may be necessary to pay such Taxes the Mortgagor any balance remaining in full. If the funds so deposited exceed accumu- lated under the amount required to pay such Taxes provisions of this paragraph. As further security for any yearthe Secured Obligations, the excess shall be applied toward subsequent deposits. Said deposits need not be kept separate and apart from any other Mortgagor grants to the Mortgagee a security interest in all funds accumulated under the provisions of the Lender. The Lender, in making any payment hereby authorized relating to Taxes, may do so according to any xxxx, statement or estimate procured from the appropriate public office without inquiry into the accuracy of such xxxx, statement or estimate or into the validity of any tax, assessment, sale, forfeiture, tax lien or title or claim thereof. The Lender shall not exercise its right to require such deposits so long as the Borrower has paid all Taxes when duethis paragraph.

Tax Deposits. If requested by Notwithstanding the Lenderforegoing provisions of this Article 5, if at any time any Material Monetary Default shall have occurred, Landlord may at any time thereafter give a notice to Tenant referring to this Section 5.7 and, if such notice shall be given, Tenant shall be obligated from and after the Mortgagor shall deposit with the Lenderdate which is ten (10) days after receipt of such notice to pay to Landlord in equal monthly installments, on the first day of each month until during the Indebtedness is fully paidbalance of the Term and any extended term of this Lease, a sum an amount equal to 1/12th of 105% one-twelfth of the most recent ascertainable annual Taxes Impositions for each fiscal tax year (collectively, "Tax Deposits"); provided, however, that in the event no Material Monetary Default shall occur for a period of two years from any Material Monetary Default which gives rise to Tenant's obligation to make Tax Deposits, Tenant's obligation to make such Tax Deposits shall cease until a subsequent Material Monetary Default may thereafter occur. Tax Deposits shall in the First instance be based on the Premises. If requested by Impositions for the Lenderprior fiscal tax year, the Mortgagor and when such Impositions shall also deposit with the Lender an amount of money which, together with the aggregate of the monthly deposits to be made pursuant to the preceding sentence as of one month prior to the date on which the next installment of annual Taxes ascertained for the current calendar year become duetax year, appropriate adjustments shall be sufficient made. Landlord shall keep all Tax Deposits in an interest bearing account in a New York Clearing House member bank, and the interest thereon shall be credited to Tenant (Tenant to pay in full all taxes on such installment of annual Taxes, as estimated by the Lenderinterest). Such deposits are Landlord shall apply Tax Deposits to be held without any allowance of interest and are to be used for the payment of Taxes next due and payable when they become due. So long the annual Impositions as no Event of Default under this Mortgage shall exist, the Lender shall, at its option, pay such Taxes when the same become due and payable (payable. From time to time upon submission of appropriate bills therefor from the Mortgagor) or notice to Tenant by Landlord, Tax Deposits shall release sufficient funds be increased to the Mortgagor for the payment thereof. If the funds so deposited are insufficient to pay any such Taxes for any year (or installments thereof, as applicable) when the same shall become due and payable, the Mortgagor shall, within 10 days after receipt of written demand therefor, deposit additional funds amounts as may be necessary to pay such Taxes in full. If provide a fund sufficient to meet the funds so deposited exceed the amount required to pay such Taxes for any year, the excess shall be applied toward subsequent deposits. Said deposits need not be kept separate and apart from any other funds payment of the Lender. The Lenderannual Impositions (or any installment thereof) as and when due and payable, in making any whether on the present dates of payment hereby authorized relating to Taxes, or on such other dates as may do so according to any xxxx, statement or estimate procured from the appropriate public office without inquiry into the accuracy of such xxxx, statement or estimate or into the validity of any tax, assessment, sale, forfeiture, tax lien or title or claim thereof. The Lender shall not exercise its right to require such deposits so long as the Borrower has paid all Taxes when duebe fixed by Legal Requirements.

Tax Deposits. If requested by the LenderAt Beneficiary’s option, the Mortgagor Trustor shall deposit with the LenderBeneficiary, on the first day of each month until the Indebtedness is fully paid, a sum equal to 1/12th one-twelfth (1/12th) of one hundred five percent (105% %) of the most recent ascertainable annual Taxes on the Premises. If requested by the LenderBeneficiary, the Mortgagor Trustor shall also deposit with the Lender Beneficiary an amount of money which, together with the aggregate of the monthly deposits to be made pursuant to the preceding sentence as of one month prior to the date on which the next installment of annual Taxes for the current calendar year become due, shall be sufficient to pay in full such installment of annual Taxes, as estimated by the LenderBeneficiary. Such deposits are to be held without any with allowance of interest at a rate equal to the Lender’s then current money market rate, as determined by the Lender in its sole discretion and adjusted by the Lender from time to time and are to be used for the payment of Taxes next due and payable when they become due, except as otherwise provided herein. So long as no Event of Default under this Mortgage shall exist, the Lender Beneficiary shall, at its option, pay such Taxes when the same become due and payable (upon submission of appropriate bills therefor from the MortgagorTrustor) or shall release sufficient funds to the Mortgagor Trustor for the payment thereof. If the funds so deposited are insufficient to pay any such Taxes for any year (or installments thereof, as applicable) when the same shall become due and payable, the Mortgagor Trustor shall, within 10 ten (10) days after receipt of written demand therefor, deposit additional funds as may be necessary to pay such Taxes in full. If the funds so deposited exceed the amount required to pay such Taxes for any year, the excess shall be applied toward subsequent deposits. Said deposits need not be kept separate and apart from any other funds of the LenderBeneficiary. The LenderBeneficiary, in making any payment hereby authorized relating to Taxes, may do so according to any xxxx, statement or estimate procured from the appropriate public office without inquiry into the accuracy of such xxxx, statement or estimate or into the validity of any tax, assessment, sale, forfeiture, tax lien or title or claim thereof. The Lender shall not exercise its right to require such deposits so long as the Borrower has paid all Taxes when due.

Tax Deposits. If requested by the Lender, the Mortgagor shall covenants to deposit with the Lender, Mortgagee on the first day of each month until the Indebtedness indebtedness secured by this Mortgage is fully paid, a sum equal to 1/12th one-twelfth (1/12th) of 105% of the most recent ascertainable annual Taxes taxes and assessments (general and special) on the Premises. If requested by the LenderMortgagee, the Mortgagor Xxxxxxxxx shall also deposit with the Lender Mortgagee an amount of money which, together with the aggregate of the monthly deposits to be made pursuant to the preceding sentence as of one month prior to the date on which the next installment of annual Taxes taxes and assessments for the current calendar year become due, shall be sufficient to pay in full such installment of annual Taxestaxes and assessments, as reasonably estimated by the LenderMortgagee. Such deposits are to be held without any allowance in a commercial money market account with interest accruing for the benefit of interest Mortgagor and are to be used for the payment of Taxes taxes and assessments on the Premises next due and payable when they become due. So long as no Event of Default under this Mortgage shall exist, the Lender shallMortgagee may, at its option, pay such Taxes taxes and assessments when the same become due and payable (upon submission of appropriate bills therefor from the Mortgagor) or shall release sufficient funds to the Mortgagor for the timely payment thereof. If the funds so deposited are insufficient to pay any such Taxes taxes or assessments for any year (or installments thereof, as applicable) when the same shall become due and payable, the Mortgagor shall, within 10 ten days after receipt of written demand therefor, deposit additional funds as may be necessary to pay such Taxes taxes and assessments in full. If the funds so deposited exceed the amount required to pay such Taxes taxes and assessments for any year, the excess shall be applied toward subsequent deposits. Said deposits need not be kept separate and apart from any other funds of the Lender. The Lender, in making any payment hereby authorized relating to Taxes, may do so according to any xxxx, statement or estimate procured from the appropriate public office without inquiry into the accuracy of such xxxx, statement or estimate or into the validity of any tax, assessment, sale, forfeiture, tax lien or title or claim thereof. The Lender shall not exercise its right to require such deposits so long as the Borrower has paid all Taxes when dueMortgagee.

Tax Deposits. If requested by At the Lender’s option after an Event of Default, the Mortgagor shall deposit with the Lender, on the first day of each month until the Indebtedness is fully paid, a sum equal to 1/12th one-twelfth (1/12th) of 105% one hundred five percent (105.00%) of the most recent ascertainable annual Taxes on the Premises. If requested by the Lender, the Mortgagor shall also deposit with the Lender an amount of money which, together with the aggregate of the monthly deposits to be made pursuant to the preceding sentence as of one month prior to the date on which the next installment of annual Taxes for the current calendar year become due, shall be sufficient to pay in full such installment of annual Taxes, as estimated by the Lender. Such deposits are to be held without any with allowance of interest at a rate equal to the Lender’s then current money market rate, as determined by the Lender in its sole discretion and adjusted by the Lender from time to time and are to be used for the payment of Taxes next due and payable when they become due. So long as no Event of Default under this Mortgage shall exist, the Lender shall, at its option, pay such Taxes when the same become due and payable (upon submission of appropriate bills therefor from the Mortgagor) or shall release sufficient funds to the Mortgagor for the payment thereof. If the funds so deposited are insufficient to pay any such Taxes for any year (or installments thereof, as applicable) when the same shall become due and payable, the Mortgagor shall, within 10 ten (10) days after receipt of written demand therefor, deposit additional funds as may be necessary to pay such Taxes in full. If the funds so deposited exceed the amount required to pay such Taxes for any year, the excess shall be applied toward subsequent deposits. Said deposits need not be kept separate and apart from any other funds of the Lender. The Lender, in making any payment hereby authorized relating to Taxes, may do so according to any xxxx, statement or estimate procured from the appropriate public office without inquiry into the accuracy of such xxxx, statement or estimate or into the validity of any tax, assessment, sale, forfeiture, tax lien or title or claim thereof. The Lender shall not exercise its right to require such deposits so long as the Borrower has paid all Taxes when due.

Tax Deposits. If requested by the Lender, the Mortgagor shall covenants and agrees to deposit with such depositary as the LenderMortgagee from time to time may in writing appoint, and in the absence of such appointment, then at the office of Mortgagee, c/o ING Investment Management LLC, 0000 Xxxxxx Xxxxx Xxxx, XX, Xxxxx 000, Xxxxxxx, Xxxxxxx 00000-0000, Attention: Mortgage Loan Servicing Department, commencing on the date of disbursement of the loan secured hereby (the Loan”) and on the first day of each month following the month in which said disbursement occurred until the Indebtedness is fully paid, a sum equal to 1/12th of 105% one-twelfth (1/12th) of the most recent last total annual taxes and assessments for the last ascertainable annual Taxes year (if the current year’s taxes and assessments are not yet ascertainable) (general and special) on the Premises. If requested by Premises (unless said taxes are based upon assessments which exclude the LenderImprovements or any part thereof now constructed or to be constructed, in which event the Mortgagor shall also deposit with the Lender an amount of money which, together with such deposits shall be based upon the aggregate Mortgagee’s reasonable estimate as to the amount of the monthly deposits taxes and assessments to be made pursuant to the preceding sentence as of one month prior to the date on which the next installment of annual Taxes for the current calendar year become due, shall be sufficient to pay in full such installment of annual Taxes, as estimated by the Lenderlevied and assessed). Such deposits are to be held without any allowance of interest (unless local law requires otherwise) and are to be used for the payment of Taxes taxes and assessments (general and special) on the Premises next due and payable when they become due. So long Upon demand by such depositary, Mortgagor shall deliver and pay over to such depositary from time to time such additional sums or such additional security as no Event of Default under this Mortgage shall exist, are necessary to make up any deficiency in the Lender shall, at its option, pay amount necessary to enable such Taxes when the same become due and payable (upon submission of appropriate bills therefor from the Mortgagor) or shall release sufficient funds depositary to the Mortgagor for the payment thereof. If the funds so deposited are insufficient to fully pay any such Taxes for any year (or installments thereof, of the items hereinabove mentioned as applicable) when the same shall they become due and payable, the Mortgagor shall, within 10 days after receipt of written demand therefor, deposit additional funds as may be necessary to pay such Taxes in full. If the funds so deposited exceed the amount required to pay such Taxes items hereinabove mentioned for any year, the excess shall be applied toward on a subsequent deposit or deposits. Said deposits need not be kept separate and apart from any other funds of Mortgagee or such depositary. In the Lenderevent Mortgagee receives monthly tax deposit payments from Mortgagor, Mortgagee agrees to use such tax deposit to pay the taxes and assessments for the Premises, provided (a) Mortgagor or the applicable taxing authority timely provides to Mortgagee the applicable tax xxxx or assessment statement, and (b) the amount of tax deposit held by Mortgagee (together with any additional tax amounts Mortgagor pays to Mortgagee for taxes and assessments) is sufficient to pay such xxxx or statement in full. The LenderIf any such taxes or assessments (general or special) shall be levied, in making charged, assessed or imposed upon or for the Premises, or any payment hereby authorized relating portion thereof, and if such taxes or assessments shall also be a levy, charge, assessment or imposition upon or for any other property not covered by the lien of this Mortgage, then the computation of any amount to Taxes, may do so according to any xxxx, statement or estimate procured from be deposited under this Paragraph 4 shall be based upon the appropriate public office without inquiry into the accuracy entire amount of such xxxxtaxes or assessments, statement or estimate or into and Mortgagor shall not have the validity right to apportion the amount of any tax, assessment, sale, forfeiture, tax lien such taxes or title or claim thereof. The Lender shall not exercise its right to require assessments for the purposes of such deposits so long as the Borrower has paid all Taxes when duecomputation.

Tax Deposits. If requested by At the Lender’s option following an Event of Default under the Note or Mortgage, the Mortgagor shall deposit with the Lender, on the first fifteenth (15th) day of each month until the Indebtedness is fully paid, a sum equal to 1/12th one-twelfth (1/12th) of 105% one hundred five percent (105.00%) of the most recent ascertainable annual Taxes on the Premises. If requested by the Lender, the Mortgagor shall also deposit with the Lender an amount of money which, together with the aggregate of the monthly deposits to be made pursuant to the preceding sentence as of one month prior to the date on which the next installment of annual Taxes for the current calendar year become due, shall be sufficient to pay in full such installment of annual Taxes, as estimated by the Lender. Such deposits are to be held without any allowance of interest interest, as determined by the Lender in its sole discretion and are adjusted by the Lender from time to be used for the payment of Taxes next due and payable when they become duetime. So long as no Event of Default under this Mortgage shall exist, the Lender shall, at its option, pay such Taxes when the same become due and payable (upon submission of appropriate bills therefor from the Mortgagor) or shall release sufficient funds to the Mortgagor for the payment thereof. If the funds so deposited are insufficient to pay any such Taxes for any year (or installments thereof, as applicable) when the same shall become due and payable, the Mortgagor shall, within 10 ten (10) days after receipt of written demand therefor, deposit additional funds as may be necessary to pay such Taxes in full. If the funds so deposited exceed the amount required to pay such Taxes for any year, the excess shall be applied toward subsequent deposits. Said deposits need not be kept separate and apart from any other funds of the Lender. The Lender, in making any payment hereby authorized relating to Taxes, may do so according to any xxxxbill, statement or estimate procured from the appropriate public office without inquiry into the accuracy of such xxxxbill, statement or estimate or into the validity of any tax, assessment, sale, forfeiture, tax lien or title or claim thereof. Upon an Event of Default, the Lender may, at its option, apply any monies at the time on deposit to cure an Event of Default or to pay any of the Indebtedness in such order and manner as the Lender may elect. If such deposits are used to cure an Event of Default or pay any of such indebtedness, the Mortgagor shall immediately, upon demand by the Lender, deposit with the Lender an amount equal to the amount expended by the Mortgagor from the deposits. When the indebtedness owed by Mxxxxxxxx to Lender has been fully paid, any remaining deposits shall be returned to the Mortgagor. Such deposits are hereby pledged as additional security for the indebtedness and shall not be subject to the direction or control of the Mortgagor. Lender shall not be liable for any failure to apply to the payment of Taxes any amount so deposited unless the Mortgagor, prior to an Event of Default, shall have requested the Lender in writing to make application of such funds to the payment of such amounts, accompanied by the bills for such Taxes. The Lender shall not exercise its right be liable for any act or omission taken in good faith or pursuant to require such deposits so long as the Borrower has paid all Taxes when dueinstruction of any party.

Tax Deposits. If requested by Upon the Lender(i) occurrence of a threat of an Event of Default, (ii) occurrence of an Event of Default, or (iii) the continuation of an Event of Default, the Mortgagor Mortgagor, upon the Mortgagee’s request, shall deposit with the LenderMortgagee, on the first day of each month until the Indebtedness is fully paid, a sum equal to 1/12th one-twelfth (1/12th) of 105% of the most recent ascertainable annual Taxes on the Premises. If requested by the LenderMortgagee, the Mortgagor shall also deposit with the Lender Mortgagee an amount of money which, together with the aggregate of the monthly deposits to be made pursuant to the preceding sentence as of one month prior to the date on which the next installment of annual Taxes for the current calendar year become due, shall be sufficient to pay in full such installment of annual Taxes, as estimated by the LenderMortgagee. Such deposits are to be held without any allowance of in an interest bearing account and are to be used for the payment of Taxes next due and payable when they become due. So long as no Event of Default under this Mortgage shall exist, the Lender Mortgagee shall, at its option, pay such Taxes when the same become due and payable (upon submission of appropriate bills therefor from the Mortgagor) or shall release sufficient funds to the Mortgagor for the payment thereof. If the funds so deposited are insufficient to pay any such Taxes for any year (or installments thereof, as applicable) when the same shall become due and payable, the Mortgagor shall, within 10 ten (10) days after receipt of written demand therefor, deposit additional funds as may be necessary to pay such Taxes in full. If the funds so deposited exceed the amount required to pay such Taxes for any year, the excess shall be applied toward subsequent deposits. Said deposits need not be kept separate and apart from any other funds of the LenderMortgagee. The LenderMortgagee, in making any payment hereby authorized relating to Taxes, may do so according to any xxxx, statement or estimate procured from the appropriate public office without inquiry into the accuracy of such xxxx, statement or estimate or into the validity of any tax, assessment, sale, forfeiture, tax lien or title or claim thereof. The Lender shall not exercise its right to require such deposits so long as the Borrower has paid all Taxes when due.

Tax Deposits. If requested by the LenderAfter an Event of Default, the Mortgagor shall deposit with the LenderMortgagee, on the first day of each month until the Indebtedness is fully paid, a sum equal to 1/12th one-twelfth (1/12th) of 105% of the most recent ascertainable annual Taxes on the Premises. If requested by the LenderMortgagee, the Mortgagor shall also deposit with the Lender Mortgagee an amount of money which, together with the aggregate of the monthly deposits to be made pursuant to the preceding sentence as of one month prior to the date on which the next installment of annual Taxes for the current calendar year become due, shall be sufficient to pay in full such installment of annual Taxes, as estimated by the LenderMortgagee. Such deposits are to be held without any allowance of shall bear interest and are to be used for the payment of Taxes next due and payable when they become due. So long as no Event of Default under this Mortgage shall exist, the Lender Mortgagee shall, at its option, pay such Taxes when the same become due and payable (upon submission of appropriate bills therefor from the Mortgagor) or shall release sufficient funds to the Mortgagor for the payment thereof. If the funds so deposited are insufficient to pay any such Taxes for any year (or installments thereof, as applicable) when the same shall become due and payable, the Mortgagor shall, within 10 ten (10) days after receipt of written demand therefor, deposit additional funds as may be necessary to pay such Taxes in full. If the funds so deposited exceed the amount required to pay such Taxes for any year, the excess shall be applied toward subsequent deposits. Said deposits need not shall be kept separate and apart from any other funds of the LenderMortgagee. The LenderMortgagee, in making any payment hereby authorized relating to Taxes, may do so according to any xxxxbill, statement or estimate procured from the appropriate public office xxxice without inquiry into the accuracy of such xxxxbill, statement or estimate or into the validity of any tax, assessmentassxxxxent, sale, forfeiture, tax lien or title or claim thereof. The Lender shall not exercise its right to require such deposits , so long as Mortgagor has not notified Mortgagee of its dispute over or contest of the Borrower same and Mortgagor has paid all Taxes when duecomplied with the provisions of Paragraph 28 hereof.

Tax Deposits. If requested by At the Lender’s option, following an Event of Default, the Mortgagor shall deposit with the Lender, on the first day of each month until the Indebtedness is fully paid, a sum equal to 1/12th one-twelfth (1/12th) of 105% one hundred five percent (105.00%) of the most recent ascertainable annual Taxes on the Premises. If requested by the Lender, the Mortgagor shall also deposit with the Lender an amount of money which, together with the aggregate of the monthly deposits to be made pursuant to the preceding sentence as of one month prior to the date on which the next installment of annual Taxes for the current calendar year become due, shall be sufficient to pay in full such installment of annual Taxes, as estimated by the Lender. Such deposits are to be held without any allowance of interest and are to be used for the payment of Taxes next due and payable when they become due. So long as no Event of Default under this Mortgage shall exist, the Lender shall, at its option, pay such Taxes when the same become due and payable (upon submission of appropriate bills therefor from the Mortgagor) or shall release sufficient funds to the Mortgagor for the payment thereof. If the funds so deposited are insufficient to pay any such Taxes for any year (or installments thereof, as applicable) when the same shall become due and payable, the Mortgagor shall, within 10 ten (10) days after receipt of written demand therefor, deposit additional funds as may be necessary to pay such Taxes in full. If the funds so deposited exceed the amount required to pay such Taxes for any year, the excess shall be applied toward subsequent deposits. Said deposits need not be kept separate and apart from any other funds of the Lender. The Lender, in making any payment hereby authorized relating to Taxes, may do so according to any xxxxbxxx, statement or estimate procured from the appropriate public office without inquiry into the accuracy of such xxxxbxxx, statement or estimate or into the validity of any tax, assessment, sale, forfeiture, tax lien or title or claim thereof. The Lender shall not exercise its right to require such deposits so long as the Borrower has paid all Taxes when due.

Tax Deposits. If requested by Upon the Lenderoccurrence of an Event of Default and upon Beneficiary's request, the Mortgagor Grantor shall deposit with the LenderBeneficiary or with an escrow agent selected by Beneficiary, on the first day of the calendar month immediately following the date of such request and on the first day of each calendar month thereafter (each of which dates is hereinafter called the "monthly tax deposit date") until the Indebtedness is fully paidpayment in full of the Indebtedness, a sum equal to 1/12th of 105% one-twelfth of the most recent ascertainable annual Taxes on Impositions which are either real estate taxes or liquidated assessments against the PremisesSecurity (the "Liquidated Impositions") to be levied, charged, assessed or imposed upon or for the Security. If requested by on any monthly tax deposit date the Lender, the Mortgagor shall also deposit with the Lender an amount of money whichLiquidated Impositions next to be levied, together with charged, assessed or imposed within the aggregate ensuing one year period shall not be fixed, such amount, for the purpose of computing the monthly deposits deposit to be made pursuant by Grantor hereunder, shall be estimated by Beneficiary based upon the most recently available tax figures for the Security and a reasonable estimate of the Liquidated Impositions next to be levied, charged, assessed or imposed, with appropriate adjustment when the amount of such Impositions is fixed. The sums deposited by Grantor under this Section 5 shall be held in an interest-bearing account at a bank selected by Beneficiary and reasonably approved by Grantor under an agreement satisfactory in form and substance to Beneficiary, with interest being retained by Beneficiary and free of trust except to the preceding sentence as extent, if any, that applicable law shall otherwise require, and applied in payment of one month prior such Liquidated Impositions when due. Grantor shall provide to Beneficiary copies of tax statements, notices of assessments and other notices of payment due when such statements or notices are received by Grantor, accompanied in each instance by a letter specifying when a Liquidated Imposition is due, the date Liquidated Imposition to be paid, the amount thereof, the place of payment and the last day on which the next installment of annual Taxes same may be paid in order to be within the time limit specified in Section 4 hereof entitled "Impositions", unless such information is already contained within the statement. If for any reason the current calendar year become due, sums on deposit with Beneficiary or escrow agent under this Section 5 shall not be sufficient to pay a Liquidated Imposition within the time specified in Section 4 hereof, then Grantor shall, within ten (10) days after demand by Beneficiary, deposit sufficient sums so that Beneficiary may pay such Liquidated Imposition in full, together with any penalty and interest thereon. Beneficiary may change its estimate of Liquidated Impositions for any period, on the basis of and corresponding to an actual change in an assessment or tax rate or on the basis of a prior miscalculation, in which event Grantor shall deposit with Beneficiary or escrow agent within ten (10) days after demand the amount of any excess of the deposits which would theretofore have been payable under the revised estimate over the sums actually deposited. If any Liquidated Imposition shall be levied, charged, assessed or imposed upon or for the Security, or any portion thereof, and if such Liquidated Imposition shall also be a levy, charge, assessment or imposition upon or for any other premises not covered by the lien of this Deed of Trust, then the computation of the amounts to be deposited under this Section 5 shall be based upon the entire amount of such Liquidated Imposition and Grantor shall not have the right to apportion any deposit with respect to such Liquidated Imposition. Upon an assignment of this Deed of Trust, the Beneficiary shall have the right to arrange to transfer all amounts deposited and still in its possession to the assignee and Beneficiary shall thereupon be completely released from all liability with respect to such deposit and the Grantor or owner of the Security shall look solely to the assignee or transferee in reference thereto. Upon the payment in full such installment by Grantor of annual Taxesthe entire Indebtedness, as estimated any sums then held by the LenderBeneficiary under this Section 5 shall be refunded to Grantor. Such deposits are to All amounts deposited shall be held without any allowance by Beneficiary as additional security for the sums secured by this Deed of Trust, and Grantor hereby grants to Beneficiary a security interest in such sums, and are upon the occurrence of an Event of Default hereunder Beneficiary may, in its sole and absolute discretion, apply said amounts to be used for the payment of Taxes next due the Indebtedness in whatever order Beneficiary may elect. Immediately upon receipt of such by Grantor, and payable when they become due. So long as no Event later than thirty (30) days after the final date that the respective Impositions can be paid without penalty, Grantor shall deliver to Beneficiary copies of Default under this Mortgage shall existall notices, the Lender shalldemands, at its optionclaims, pay such Taxes when the same become due bills and payable (upon submission of appropriate bills therefor from the Mortgagor) or shall release sufficient funds receipts in relation to the Mortgagor Impositions. Notwithstanding the foregoing provisions, Beneficiary will waive the requirement for tax deposits as to that portion of real estate taxes payable directly to the taxing authority by tenants under the terms of leases approved by Beneficiary, provided satisfactory proof of payment thereof. If the funds so deposited are insufficient is promptly furnished to pay any such Taxes for any year (or installments thereof, as applicable) when the same shall become due and payable, the Mortgagor shall, within 10 days after receipt of written demand therefor, deposit additional funds as may be necessary to pay such Taxes in full. If the funds so deposited exceed the amount required to pay such Taxes for any year, the excess shall be applied toward subsequent deposits. Said deposits need not be kept separate and apart from any other funds of the Lender. The Lender, in making any payment hereby authorized relating to Taxes, may do so according to any xxxx, statement or estimate procured from the appropriate public office without inquiry into the accuracy of such xxxx, statement or estimate or into the validity of any tax, assessment, sale, forfeiture, tax lien or title or claim thereof. The Lender shall not exercise its right to require such deposits so long as the Borrower has paid all Taxes when dueBeneficiary.

Tax Deposits. If requested by the Lender, the Mortgagor shall deposit with the Lender, on the first day of each month until the Indebtedness is fully paid, a sum equal In order to 1/12th of 105% of the most recent ascertainable annual Taxes on the Premises. If requested by the Lender, the Mortgagor shall also deposit with the Lender an amount of money which, together with the aggregate of the monthly deposits to be made pursuant to the preceding sentence as of one month prior to the date on which the next installment of annual Taxes for the current calendar year become due, shall be sufficient to pay in full such installment of annual Taxes, as estimated by the Lender. Such deposits are to be held without any allowance of interest and are to be used for assure the payment of Taxes next due as and payable when they become due. So long as no Event of Default under this Mortgage shall exist, the Lender shall, at its option, pay such Taxes when the same become due and payable (upon submission of appropriate bills therefor from the Mortgagor) or shall release sufficient funds to the Mortgagor for the payment thereof. If the funds so deposited are insufficient to pay any such Taxes for any year (or installments thereof, as applicable) when the same shall become due and payable, Grantor shall deposit with Beneficiary on the Mortgagor first day of each calendar month during the term of this Deed of Trust, an amount equal to one-twelfth (1/12) of the Taxes to become due upon the Trust Property between one and thirteen months after the date of each such deposit, it being the intention that at all times during the term of this Deed of Trust there shall remain on deposit with Beneficiary an amount at least equal to one-twelfth (1/12) of the Taxes to become due within the ensuing twelve (12) month period. The amounts of such deposits (hereinafter referred to as the "Tax Deposits") shall be based upon Beneficiary's estimate as to the amount of the Taxes. Grantor shall, within 10 days after upon demand of Beneficiary, make additional Tax Deposits as Beneficiary may from time to time require due to (i) the failure of Beneficiary to require, or failure of Grantor to make, Tax Deposits in previous months, (ii) under estimation of the amounts of the Taxes, (iii) the particular due dates and amount of the Taxes, or (iv) application of the Tax Deposits pursuant to the provision of this paragraph hereinafter set forth to the payment of the Taxes. Beneficiary will, out of the Tax Deposits, upon the presentation to Beneficiary by Grantor of the bills therefor and at the direction of Grantor, pay the Taxes which are due or will, upon the presentation of receipted bills therefor, reimburse Grantor for such payments made by Grantor. If the total Tax Deposits on hand shall not be sufficient to pay all of the Taxes for the Trust Property when the same shall become due, then Grantor shall pay to Beneficiary on demand the amount necessary to make up the deficiency. Beneficiary shall not be obligated to pay any Taxes which are due unless it is in receipt of written demand therefor, deposit additional available funds as may be necessary in an amount sufficient to pay such Taxes in full. If Notwithstanding anything to the funds so deposited exceed contrary contained herein, but subject to Grantor's right to contest Taxes in accordance with the amount required provisions of paragraph 7 of this Deed of Trust, Beneficiary shall have the absolute right, regardless of whether it has received direction from Grantor, to pay such the Taxes for at any year, time during the thirty (30) day period prior to the due date thereof. Any excess monies remaining in the Tax Escrow Account after the payment in full of the Taxes which are due shall be applied toward subsequent depositsas a credit against future Tax Deposits pursuant to this paragraph. Said deposits need not All Tax Deposits shall be kept separate held by Beneficiary in a non-interest bearing account selected by Beneficiary in its sole and apart from absolute discretion (hereinafter referred to as the "Tax Escrow Account"). The Tax Escrow Account may be co-mingled with any other funds of the Lender. The Lender, in making any payment hereby authorized relating to Taxes, may do so according to any xxxx, statement or estimate procured from the appropriate public office without inquiry into the accuracy of such xxxx, statement or estimate or into the validity of any tax, assessment, sale, forfeiture, tax lien or title or claim thereof. The Lender shall not exercise its right to require such deposits so long as the Borrower has paid all Taxes when due.accounts of

Tax Deposits. If requested by the Lender, the Mortgagor shall covenants and agrees to deposit with such depositary as the LenderMortgagee from time to time may in writing appoint, and in the absence of such appointment, then at the office of Mortgagee, c/o ING Investment Management LLC, 5780 Powers Ferry Road, NW, Suite 300, Atlanta, Georgia 30327-4349, Axxxxxxxx: Xxxxxxxx Xxxx Xxxxxxxxx Xxxxxxxxxx, xxxxxxxxxx xx xxx xxte of disbursement of the loan secured hereby (the LOAN") and on the first day of each month following the month in which said disbursement occurred until the Indebtedness is fully paid, a sum equal to 1/12th of 105% one-twelfth (1/12th) of the most recent last total [MORTGAGE, SECURITY AGREEMENT, FINANCING STATEMENT AND FIXTURE FILING] ING No. 27449 annual taxes and assessments for the last ascertainable annual Taxes year (if the current year's taxes and assessments are not yet ascertainable) (general and special) on the Premises. If requested by Premises (unless said taxes are based upon assessments which exclude the LenderImprovements or any part thereof now constructed or to be constructed, in which event the Mortgagor shall also deposit with the Lender an amount of money which, together with such deposits shall be based upon the aggregate Mortgagee's reasonable estimate as to the amount of the monthly deposits taxes and assessments to be made pursuant to the preceding sentence as of one month prior to the date on which the next installment of annual Taxes for the current calendar year become due, shall be sufficient to pay in full such installment of annual Taxes, as estimated by the Lenderlevied and assessed). Such deposits are to be held without any allowance of interest (unless local law requires otherwise) and are to be used for the payment of Taxes taxes and assessments (general and special) on the Premises next due and payable when they become due. So long Upon demand by such depositary, Mortgagor shall deliver and pay over to such depositary from time to time such additional sums or such additional security as no Event of Default under this Mortgage shall exist, are necessary to make up any deficiency in the Lender shall, at its option, pay amount necessary to enable such Taxes when the same become due and payable (upon submission of appropriate bills therefor from the Mortgagor) or shall release sufficient funds depositary to the Mortgagor for the payment thereof. If the funds so deposited are insufficient to fully pay any such Taxes for any year (or installments thereof, of the items hereinabove mentioned as applicable) when the same shall they become due and payable, the Mortgagor shall, within 10 days after receipt of written demand therefor, deposit additional funds as may be necessary to pay such Taxes in full. If the funds so deposited exceed the amount required to pay such Taxes items hereinabove mentioned for any year, the excess shall be applied toward on a subsequent deposit or deposits. Said deposits need not be kept separate and apart from any other funds of Mortgagee or such depositary. If any such taxes or assessments (general or special) shall be levied, charged, assessed or imposed upon or for the Lender. The LenderPremises, in making or any payment hereby authorized relating portion thereof, and if such taxes or assessments shall also be a levy, charge, assessment or imposition upon or for any other property not covered by the lien of this Mortgage, then the computation of any amount to Taxes, may do so according to any xxxx, statement or estimate procured from be deposited under this PARAGRAPH 4 shall be based upon the appropriate public office without inquiry into the accuracy entire amount of such xxxxtaxes or assessments, statement or estimate or into and Mortgagor shall not have the validity right to apportion the amount of any tax, assessment, sale, forfeiture, tax lien such taxes or title or claim thereof. The Lender shall not exercise its right to require assessments for the purposes of such deposits so long as the Borrower has paid all Taxes when duecomputation.

Tax Deposits. If requested by the LenderAt Grantee’s option, the Mortgagor Grantor shall deposit with the LenderGrantee, on the first day of each month until the Indebtedness is fully paid, a sum equal to 1/12th one-twelfth (1/12th) of 105% of the most recent ascertainable annual Taxes on the PremisesProperty. If requested by the LenderGrantee, the Mortgagor Grantor shall also deposit into a deposit account (such account, the “Tax Reserve Account”) with a United States depository institution approved by Grantee and subject to the Lender exclusive control of Grantee an amount of money which, together with the aggregate of the monthly deposits to be made pursuant to the preceding sentence as of one month prior to the date on which the next installment of annual Taxes for the current calendar year become due, shall be sufficient to pay in full such installment of annual Taxes, as estimated by the LenderGrantee. Such deposits are to be held without any allowance of interest and are to be used for the payment of Taxes next due and payable when they become due. So long as no Event of Default under this Mortgage shall exist, the Lender Grantee shall, at its option, use the funds in the Tax Reserve Account to pay such Taxes when the same become due and payable (upon submission of appropriate bills therefor from the Mortgagorby Grantor) or shall release sufficient funds to the Mortgagor Grantor for the payment thereof. If the funds so deposited are insufficient to pay any such Taxes for any year (or installments thereof, as applicable) when the same shall become due and payable, the Mortgagor Grantor shall, within 10 ten (10) days after receipt of written demand therefor, deposit additional funds into the Tax Reserve Account as may be necessary to pay such Taxes in full. If the funds so deposited exceed the amount required to pay such Taxes for any year, the excess shall be applied toward subsequent deposits. Said deposits need not be kept separate and apart from any other funds of the LenderGrantee. The LenderGrantee, in making any payment hereby authorized relating to Taxes, may do so according to any xxxxbill, statement xxxxement or estimate procured from the appropriate public office without inquiry into the accuracy of such xxxxbill, statement xxxxement or estimate or into the validity of any tax, assessment, sale, forfeiture, tax lien or title or claim thereof. The Lender shall not exercise its right to require such deposits so long as the Borrower has paid all Taxes when due.

Tax Deposits. If requested by Upon the Lenderoccurrence of an Event of Default, and at the Mortgagee’s option, the Mortgagor shall deposit with the LenderMortgagee, on the first day of each month until the Indebtedness is fully paid, a sum equal to 1/12th one-twelfth (1/12th) of 105% one hundred five percent (105.00%) of the most recent ascertainable annual Taxes on the Premises. If requested by the LenderMortgagee, the Mortgagor shall also deposit with the Lender Mortgagee an amount of money which, together with the aggregate of the monthly deposits to be made pursuant to the preceding sentence as of one month prior to the date on which the next installment of annual Taxes for the current calendar year become due, shall be sufficient to pay in full such installment of annual Taxes, as estimated by the LenderMortgagee. Such deposits are to be held without any allowance of interest and are to be used for the payment of Taxes next due and payable when they become due. So long as no Event of Default under this Mortgage shall exist, the Lender shall, at its option, pay such Taxes when the same become due and payable (upon submission of appropriate bills therefor from the Mortgagor) or shall release sufficient funds to the Mortgagor for the payment thereof. If the funds so deposited are insufficient to pay any such Taxes for any year (or installments thereof, as applicable) when the same shall become due and payable, the Mortgagor shall, within 10 ten (10) days after receipt of written demand therefor, deposit additional funds as may be necessary to pay such Taxes in full. If the funds so deposited exceed the amount required to pay such Taxes for any year, the excess shall be applied toward subsequent deposits. Said deposits need not be kept separate and apart from any other funds of the LenderMortgagee. The LenderMortgagee, in making any payment hereby authorized relating to Taxes, may do so according to any xxxxbill, statement or estimate procured from the appropriate public office without inquiry into the accuracy of such xxxxbill, statement or estimate or into the validity of any tax, assessment, sale, forfeiture, tax lien or title or claim thereof. The Lender shall not exercise its right to require such deposits so long as the Borrower has paid all Taxes when due.

Tax Deposits. If requested by the Lender, the Mortgagor shall covenants and agrees to deposit with such depositary as the LenderMortgagee from time to time may in writing appoint, and in the absence of such appointment, then at the office of Mortgagee, c/o ING Investment Management LLC, 0000 Xxxxxx Xxxxx Xxxx, XX, Xxxxx 000, Xxxxxxx, Xxxxxxx 00000-0000, Attention: Mortgage Loan Servicing Department, commencing on the date of disbursement of the loan secured hereby and on the first day of each month following the month in which said disbursement occurred until the Indebtedness is fully paid, a sum equal to 1/12th of 105% one-twelfth (1/12th) of the most recent last total annual real estate taxes and assessments for the last ascertainable annual Taxes year (if the current year's taxes and assessments are not yet ascertainable) (general and special) on the Premises. If requested by Premises (unless said taxes are based upon assessments which exclude the LenderImprovements or any part thereof now constructed or to be constructed, in which event the Mortgagor shall also deposit with the Lender an amount of money which, together with such deposits shall be based upon the aggregate Mortgagee's reasonable estimate as to the amount of the monthly deposits taxes and assessments to be made pursuant to the preceding sentence as of one month prior to the date on which the next installment of annual Taxes for the current calendar year become due, shall be sufficient to pay in full such installment of annual Taxes, as estimated by the Lenderlevied and assessed). Such deposits are to be held without any allowance of interest (unless local law requires otherwise) and are to be used for the payment of Taxes taxes and assessments (general and special) on the Premises next due and payable when they become due. So long Upon demand by such depositary, Mortgagor shall deliver and pay over to such depositary from time to time such additional sums or such additional security as no Event of Default under this Mortgage shall exist, are necessary to make up any deficiency in the Lender shall, at its option, pay amount necessary to enable such Taxes when the same become due and payable (upon submission of appropriate bills therefor from the Mortgagor) or shall release sufficient funds depositary to the Mortgagor for the payment thereof. If the funds so deposited are insufficient to fully pay any such Taxes for any year (or installments thereof, of the items hereinabove mentioned as applicable) when the same shall they become due and payable, the Mortgagor shall, within 10 days after receipt of written demand therefor, deposit additional funds as may be necessary to pay such Taxes in full. If the funds so deposited exceed the amount required to pay such Taxes items hereinabove mentioned for any year, the excess shall be applied toward on a subsequent deposit or deposits. Said deposits need not be kept separate and apart from any other funds of Mortgagee or such depositary. If any such taxes or assessments (general or special) shall be levied, charged, assessed or imposed upon or for the Lender. The LenderPremises, in making or any payment hereby authorized relating portion thereof, and if such taxes or assessments shall also be a levy, charge, assessment or imposition upon or for any other property not covered by the lien of this Mortgage, then the computation of any amount to Taxes, may do so according to any xxxx, statement or estimate procured from be deposited under this Paragraph 4 shall be based upon the appropriate public office without inquiry into the accuracy entire amount of such xxxxtaxes or assessments, statement or estimate or into and Mortgagor shall not have the validity right to apportion the amount of any tax, assessment, sale, forfeiture, tax lien such taxes or title or claim thereof. The Lender shall not exercise its right to require assessments for the purposes of such deposits so long as the Borrower has paid all Taxes when duecomputation.

Tax Deposits. If requested by the LenderMortgagee, the Mortgagor shall deposit with the LenderMortgagee, on the first day of each month until the Indebtedness is fully paid, a sum equal to 1/12th one‑twelfth (1/12th) of 105% of the most recent ascertainable annual Taxes on the Premises. If requested by the LenderMortgagee, the Mortgagor shall also deposit with the Lender Mortgagee an amount of money which, together with the aggregate of the monthly deposits to be made pursuant to the preceding sentence as of one month prior to the date on which the next installment of annual Taxes for the current calendar year become becomes due, shall be sufficient to pay in full such installment of annual Taxes, as estimated by the LenderMortgagee. Such deposits are to be held without any allowance of interest and are to be used for the payment of Taxes next due and payable when they become due. So long as no Event of Default under In the event that deposits are made in accordance with this Mortgage Paragraph 4, Mortgagee shall exist, the Lender shall, at its option, pay such Taxes when the same become due and payable (upon submission of appropriate bills therefor from the Mortgagor) or shall release sufficient funds to the Mortgagor for the payment thereof. If the funds so deposited are insufficient to pay any such Taxes for any year (or installments thereof, as applicable) when the same shall become due and payable, the Mortgagor shall, within 10 ten (10) days after receipt of written demand therefor, deposit additional funds as may be necessary to pay such Taxes in full. If the funds so deposited exceed the amount required to pay such Taxes for any year, the excess shall be applied toward subsequent deposits. Said deposits need not be kept separate and apart from any other funds of the LenderMortgagee. The LenderMortgagee, in making any payment hereby authorized relating to Taxes, may do so according to any xxxx, statement or estimate procured from the appropriate public office without inquiry into the accuracy of such xxxx, statement or estimate or into the validity of any tax, assessment, sale, forfeiture, tax lien or title or claim thereof. The Lender foregoing to the contrary notwithstanding, so long as an Event of Default has not occurred, Mortgagee shall not exercise its require Mortgagor to make deposits hereunder; provided that if an Event of Default does occur, even if the same shall be cured, Mortgagee has the right to require such Mortgagor to make the deposits so long as the Borrower has paid all Taxes when duehereunder at any time thereafter.

Tax Deposits. If requested by the Lender, the Mortgagor shall Grantor covenants and agrees to deposit with such depositary as the LenderGrantee from time to time may in writing appoint, and in the absence of such appointment, then at the office of Grantee, c/o ING Investment Management LLC, 0000 Xxxxxx Xxxxx Xxxx, XX, Xxxxx 000, Xxxxxxx, Xxxxxxx 00000-0000, Attention: Mortgage Loan Servicing Department, commencing on the date of disbursement of the loan secured hereby and on the first day of each month following the month in which said disbursement occurred until the Indebtedness is fully paid, a sum equal to 1/12th of 105% one-twelfth (1/12th) of the most recent last total annual taxes and assessments for the last ascertainable annual Taxes year (if the current year’s taxes and assessments are not yet ascertainable) (general and special) on the Premises. If requested by Premises (unless said taxes are based upon assessments which exclude the LenderImprovements or any part thereof now constructed or to be constructed, in which event the Mortgagor shall also deposit with the Lender an amount of money which, together with such deposits shall be based upon the aggregate Grantee’s reasonable estimate as to the amount of the monthly deposits taxes and assessments to be made pursuant to the preceding sentence as of one month prior to the date on which the next installment of annual Taxes for the current calendar year become due, shall be sufficient to pay in full such installment of annual Taxes, as estimated by the Lenderlevied and assessed). Such deposits are to be held without any allowance of interest (unless local law requires otherwise) and are to be used for the payment of Taxes taxes and assessments (general and special) on the Premises next due and payable when they become due. So long Upon demand by such depositary, Grantor shall deliver and pay over to such depositary from time to time such additional sums or such additional security as no Event of Default under this Mortgage shall exist, are necessary to make up any deficiency in the Lender shall, at its option, pay amount necessary to enable such Taxes when the same become due and payable (upon submission of appropriate bills therefor from the Mortgagor) or shall release sufficient funds depositary to the Mortgagor for the payment thereof. If the funds so deposited are insufficient to fully pay any such Taxes for any year (or installments thereof, of the items hereinabove mentioned as applicable) when the same shall they become due and payable, the Mortgagor shall, within 10 days after receipt of written demand therefor, deposit additional funds as may be necessary to pay such Taxes in full. If the funds so deposited exceed the amount required to pay such Taxes items hereinabove mentioned for any year, the excess shall be applied toward on a subsequent deposit or deposits. Said deposits need not be kept separate and apart from any other funds of Grantee or such depositary. If any such taxes or assessments (general or special) shall be levied, charged, assessed or imposed upon or for the Lender. The LenderPremises, in making or any payment hereby authorized relating portion thereof, and if such taxes or assessments shall also be a levy, charge, assessment or imposition upon or for any other property not covered by the lien or interest of this Security Deed, then the computation of any amount to Taxes, may do so according to any xxxx, statement or estimate procured from be deposited under this Paragraph 4 shall be based upon the appropriate public office without inquiry into the accuracy entire amount of such xxxxtaxes or assessments, statement or estimate or into and Grantor shall not have the validity right to apportion the amount of any tax, assessment, sale, forfeiture, tax lien such taxes or title or claim thereof. The Lender shall not exercise its right to require assessments for the purposes of such deposits so long as the Borrower has paid all Taxes when duecomputation.

Tax Deposits. If requested by the LenderMortgagors, Mortgagee and Fowler, Goedecke, Xxxxx & X'Xxxxxx, Incorporated, as Escrow Agent, have entered into a certain Real Estate Tax Escrow and Security Agreement of even date herewith, the Mortgagor terms of which provide for the escrow and payments of money with respect to real estate taxes (the "Tax Escrow Agreement"). Mortgagors covenant to perform their obligations under the Tax Escrow Agreement, and Mortgagee hereby agrees that such performance shall satisfy Mortgagors' obligations under this Mortgage with respect to real estate taxes. In the event that Mortgagors shall default beyond applicable grace periods under the Tax Escrow Agreement, or the Tax Escrow Agreement shall be terminated for any reason, or in the event that the Tax Escrow Agreement becomes ineffective or otherwise unenforceable, then the balance of the terms and conditions of this Section 5 shall be applicable and control with respect to real estate taxes. Mortgagors shall deposit with the LenderMortgagee or with an escrow agent selected by Mortgagors and approved by Mortgagee (not to be unreasonably withheld or delayed) pursuant to an escrow agreement reasonably acceptable to Mortgagee, on the first day of the calendar month immediately following the date of this Mortgage and on the first day of each calendar month thereafter (each of which dates is hereinafter called the "monthly tax deposit date") until the Indebtedness is fully paidpayment in full of the Indebtedness, a sum equal to 1/12th of 105% one-twelfth of the most recent ascertainable annual Taxes on real estate taxes, assessments and any other Impositions which are required to be, or are customarily, paid with real estate taxes or assessments (the Premises"Qualified Impositions") to be levied, charged, assessed or imposed upon or for the Security within one year after said monthly tax deposit date. If requested by on any monthly tax deposit date the Lender, the Mortgagor shall also deposit with the Lender an amount of money whichQualified Impositions to be levied, together with charged, assessed or imposed within the aggregate ensuing one year period shall not be fixed, such amount, for the purpose of computing the monthly deposits deposit to be made pursuant by Mortgagors hereunder, shall be estimated by Mortgagee, with appropriate adjustment when the amount of such Qualified Impositions is fixed. The sums deposited by Mortgagors under this Section shall be held in an interest bearing account with interest being retained by Mortgagee and free of trust, except as otherwise provided in the grammatical paragraph next following and except to the preceding sentence as extent, if any, that applicable law shall otherwise require, and applied in payment of one month such Qualified Impositions when due (subject to Mortgagors' contest rights set forth above). Mortgagors shall give fifteen (15) days prior written notice to Mortgagee in each instance when a Qualified Imposition is due, specifying the date Qualified Imposition to be paid and the amount thereof, the place of payment and the last day on which the next installment same may be paid in order to be within the time limit specified in Section 4 hereof entitled "Impositions". Mortgagee shall not be responsible for any acts of annual Taxes or events affecting the escrow agent nor shall Mortgagee have any obligation or liability to Mortgagors if a different depository, or a different account with the selected escrow agent, would or might pay a greater return on invested funds. Notwithstanding the foregoing provision, so long as Mortgagors collectively hold title to and control the Security, Impositions are paid in full when due and there exists no uncured default under the Loan Documents, notice of which has been given by Mortgagee to Mortgagors, the interest earned by such escrows, less reasonable escrow costs, will be paid to Mortgagors on each monthly tax deposit date; provided, however, that interest shall be paid only if the escrow account is held by a mutually agreed escrow agent and not by Mortgagee itself. If for any reason the current calendar year become due, sums on deposit with Mortgagee or escrow agent under this Section shall not be sufficient to pay a Qualified Imposition within the time specified in Section 4 hereof, then Mortgagors shall, within ten (10) days after demand by Mortgagee, deposit sufficient sums so that Mortgagee may pay such Qualified Imposition in full, together with any penalty and interest thereon, subject to Mortgagors' contest rights set forth above. Mortgagee may change its estimate of Qualified Impositions for any period, on the basis of a change in an assessment or tax rate or on the basis of a prior miscalculation or for any other bona fide reason communicated by Mortgagee to Mortgagors, in which event Mortgagors shall deposit with Mortgagee or escrow agent within ten (10) days after demand the amount of any excess of the deposits which would theretofore have been payable under the revised estimate over the sums actually deposited. If any Qualified Imposition shall be levied, charged, assessed or imposed upon or for the Security, or any portion thereof, and if such Qualified Imposition shall also be a levy, charge, assessment or imposition upon or for any other premises not covered by the lien of this Mortgage, then the computation of the amounts to be deposited under this Section shall be based upon the entire amount of such Qualified Imposition and Mortgagors shall not have the right to apportion any deposit with respect to such Qualified Imposition. Upon an assignment of this Mortgage, Mortgagee shall have the right to arrange to transfer all amounts deposited and still in its possession to the assignee and, provided that the assignee assumes the obligations of Mortgagee with respect to such amounts deposited, Mortgagee shall thereupon be completely released from all liability with respect to such deposit and Mortgagors and the owner of the Security shall look solely to the assignee or transferee in reference thereto. Upon the payment in full such installment by Mortgagors of annual Taxesthe entire Indebtedness, as estimated any sums then held by the LenderMortgagee (or escrow agent) under this Section shall be refunded to Mortgagors. Such deposits are to All amounts deposited shall be held without any allowance by Mortgagee as additional security for the sums secured by this Mortgage, and each of Mortgagors hereby grants to Mortgagee a security interest in such sums, and are upon the occurrence of an Event of Default hereunder, Mortgagee may, in its sole and absolute discretion, apply said amounts to be used for the payment of Taxes next due the Indebtedness in whatever order Mortgagee may elect. Immediately upon receipt of such by any of the Mortgagors, such Mortgagor shall deliver to Mortgagee copies of all notices, demands, claims, bills, and payable when they become due. So long as no Event of Default under this Mortgage shall exist, the Lender shall, at its option, pay such Taxes when the same become due and payable (upon submission of appropriate bills therefor from the Mortgagor) or shall release sufficient funds receipts in relation to the Mortgagor Qualified Impositions. Notwithstanding the foregoing provisions, Mortgagee hereby waives the requirement for deposits as to that portion of Qualified Impositions payable directly to the governmental or other authority by tenants under the terms of leases approved by Mortgagee, provided satisfactory proof of payment thereof. If the funds so deposited are insufficient is promptly furnished to pay any such Taxes for any year (or installments thereof, as applicable) when the same shall become due and payable, the Mortgagor shall, within 10 days after receipt of written demand therefor, deposit additional funds as may be necessary to pay such Taxes in full. If the funds so deposited exceed the amount required to pay such Taxes for any year, the excess shall be applied toward subsequent deposits. Said deposits need not be kept separate and apart from any other funds of the Lender. The Lender, in making any payment hereby authorized relating to Taxes, may do so according to any xxxx, statement or estimate procured from the appropriate public office without inquiry into the accuracy of such xxxx, statement or estimate or into the validity of any tax, assessment, sale, forfeiture, tax lien or title or claim thereof. The Lender shall not exercise its right to require such deposits so long as the Borrower has paid all Taxes when dueMortgagee.

Tax Deposits. If requested by the LenderMortgagor, Mortgagee and Fowler, Goedecke, Xxxxx & X'Xxxxxx, Incorporated, as Escrow Agent, have entered into a certain Real Estate Tax Escrow and Security Agreement of even date herewith, the terms of which provide for the escrow and payments of money with respect to real estate taxes (the "Tax Escrow Agreement"). Mortgagor covenants to perform its obligations under the Tax Escrow Agreement, and Mortgagee hereby agrees that such performance shall satisfy Mortgagor's obligations under this Mortgage with respect to real estate taxes. In the event that Mortgagor shall default beyond applicable grace periods under the Tax Escrow Agreement, or the Tax Escrow Agreement shall be terminated for any reason, or in the event that the Tax Escrow Agreement becomes ineffective or otherwise unenforceable, then the balance of the terms and conditions of this Section 5 shall be applicable and control with respect to real estate taxes. Mortgagor shall deposit with the LenderMortgagee or with an escrow agent selected by Mortgagor and approved by Mortgagee (not to be unreasonably withheld or delayed) pursuant to an escrow agreement reasonably acceptable to Mortgagee, on the first day of the calendar month immediately following the date of this Mortgage and on the first day of each calendar month thereafter (each of which dates is hereinafter called the "monthly tax deposit date") until the Indebtedness is fully paidpayment in full of the Indebtedness, a sum equal to 1/12th of 105% one-twelfth of the most recent ascertainable annual Taxes on real estate taxes, assessments and any other Impositions which are required to be, or are customarily, paid with real estate taxes or assessments (the Premises"Qualified Impositions") to be levied, charged, assessed or imposed upon or for the Security within one year after said monthly tax deposit date. If requested by on any monthly tax deposit date the Lender, the Mortgagor shall also deposit with the Lender an amount of money whichQualified Impositions to be levied, together with charged, assessed or imposed within the aggregate ensuing one year period shall not be fixed, such amount, for the purpose of computing the monthly deposits deposit to be made pursuant by Mortgagor hereunder, shall be estimated by Mortgagee, with appropriate adjustment when the amount of such Qualified Impositions is fixed. The sums deposited by Mortgagor under this Section shall be held in an interest bearing account with interest being retained by Mortgagee and free of trust, except as otherwise provided in the grammatical paragraph next following and except to the preceding sentence as extent, if any, that applicable law shall otherwise require, and applied in payment of one month such Qualified Impositions when due (subject to Mortgagor's contest rights set forth above). Mortgagor shall give fifteen (15) days prior written notice to Mortgagee in each instance when a Qualified Imposition is due, specifying the date Qualified Imposition to be paid and the amount thereof, the place of payment and the last day on which the next installment same may be paid in order to be within the time limit specified in Section 4 hereof entitled "Impositions". Mortgagee shall not be responsible for any acts of annual Taxes or events affecting the escrow agent nor shall Mortgagee have any obligation or liability to Mortgagor if a different depository, or a different account with the selected escrow agent, would or might pay a greater return on invested funds. Notwithstanding the foregoing provision, so long as Mortgagor holds title to and controls the Security, Impositions are paid in full when due and there exists no uncured default under the Loan Documents, notice of which has been given by Mortgagee to Mortgagor, the interest earned by such escrows, less reasonable escrow costs, will be paid to Mortgagor on each monthly tax deposit date; provided, however, that interest shall be paid only if the escrow account is held by a mutually agreed escrow agent and not by Mortgagee itself. If for any reason the current calendar year become due, sums on deposit with Mortgagee or escrow agent under this Section shall not be sufficient to pay a Qualified Imposition within the time specified in full such installment of annual TaxesSection 4 hereof, as estimated by the Lender. Such deposits are to be held without any allowance of interest and are to be used for the payment of Taxes next due and payable when they become due. So long as no Event of Default under this Mortgage shall exist, the Lender shall, at its option, pay such Taxes when the same become due and payable (upon submission of appropriate bills therefor from the Mortgagor) or shall release sufficient funds to the Mortgagor for the payment thereof. If the funds so deposited are insufficient to pay any such Taxes for any year (or installments thereof, as applicable) when the same shall become due and payable, the then Mortgagor shall, within 10 ten (10) days after demand by Mortgagee, deposit sufficient sums so that Mortgagee may pay such Qualified Imposition in full, together with any penalty and interest thereon, subject to Mortgagor's contest rights set forth above. Mortgagee may change its estimate of Qualified Impositions for any period, on the basis of a change in an assessment or tax rate or on the basis of a prior miscalculation or for any other bona fide reason communicated by Mortgagee to Mortgagor, in which event Mortgagor shall deposit with Mortgagee or escrow agent within ten (10) days after demand the amount of any excess of the deposits which would theretofore have been payable under the revised estimate over the sums actually deposited. If any Qualified Imposition shall be levied, charged, assessed or imposed upon or for the Security, or any portion thereof, and if such Qualified Imposition shall also be a levy, charge, assessment or imposition upon or for any other premises not covered by the lien of this Mortgage, then the computation of the amounts to be deposited under this Section shall be based upon the entire amount of such Qualified Imposition and Mortgagor shall not have the right to apportion any deposit with respect to such Qualified Imposition. Upon an assignment of this Mortgage, Mortgagee shall have the right to arrange to transfer all amounts deposited and still in its possession to the assignee and, provided that the assignee assumes the obligations of Mortgagee with respect to such amounts deposited, Mortgagee shall thereupon be completely released from all liability with respect to such deposit and Mortgagor or the owner of the Security shall look solely to the assignee or transferee in reference thereto. Upon the payment in full by Mortgagor of the entire Indebtedness, any sums then held by Mortgagee (or escrow agent) under this Section shall be refunded to Mortgagor. All amounts deposited shall be held by Mortgagee as additional security for the sums secured by this Mortgage, and Mortgagor hereby grants to Mortgagee a security interest in such sums, and upon the occurrence of an Event of Default hereunder, Mortgagee may, in its sole and absolute discretion, apply said amounts to the payment of the Indebtedness in whatever order Mortgagee may elect. Immediately upon receipt of written demand thereforsuch by Mortgagor, deposit additional funds Mortgagor shall deliver to Mortgagee copies of all notices, demands, claims, bills, and receipts in relation to the Qualified Impositions. Notwithstanding the foregoing provisions, Mortgagee hereby waives the requirement for deposits as may be necessary to pay such Taxes in full. If that portion of Qualified Impositions payable directly to the funds so deposited exceed governmental or other authority by tenants under the amount required terms of leases approved by Mortgagee, provided satisfactory proof of payment is promptly furnished to pay such Taxes for any year, the excess shall be applied toward subsequent deposits. Said deposits need not be kept separate and apart from any other funds of the Lender. The Lender, in making any payment hereby authorized relating to Taxes, may do so according to any xxxx, statement or estimate procured from the appropriate public office without inquiry into the accuracy of such xxxx, statement or estimate or into the validity of any tax, assessment, sale, forfeiture, tax lien or title or claim thereof. The Lender shall not exercise its right to require such deposits so long as the Borrower has paid all Taxes when dueMortgagee.

Tax Deposits. If requested by Borrower and Lender have entered into a Real Estate Tax Escrow and Security Agreement of even date herewith (as the Lendersame may be amended, modified, substituted or supplemented from time to time, the Mortgagor “Tax Escrow Agreement”), the terms of which provide for the escrow and payments of money with respect to real estate taxes, assessments and other payments to Governmental Authorities in lieu thereof (“Taxes”) that are not payable directly to the applicable Governmental Authority by tenants under Leases approved by Lender or otherwise entered into in accordance with the Loan Documents. Notwithstanding the provisions of Section 6 hereof, Borrower covenants to perform its obligations under the Tax Escrow Agreement and Lender has agreed that Borrower may perform its obligations under this Loan Agreement with respect to the Taxes in accordance with the Tax Escrow Agreement. In the event that Borrower defaults under the Tax Escrow Agreement, or the Tax Escrow Agreement is terminated for any reason, or in the event that the Tax Escrow Agreement becomes ineffective or otherwise unenforceable, then the balance of the terms and conditions of this Section shall be applicable and control with respect to the Taxes. Subject to the last paragraph of this Section 7, Borrower shall deposit with the Lender or with an escrow agent selected by Lender, on the first (1st) day of the calendar month immediately following the date of the Initial Advance and on the first (1st) day of each calendar month thereafter (each of which dates is hereinafter called the “Monthly Tax Deposit Date”) until the payment in full of the Indebtedness is fully paid, a sum equal to 1/12th of 105% one-twelfth (1/12) of the most recent ascertainable annual Taxes on to be levied, charged, assessed or imposed upon or for the PremisesPortfolio Properties within one (1) year after the Monthly Tax Deposit Date. If requested by on any Monthly Tax Deposit Date the Lender, the Mortgagor shall also deposit with the Lender an amount of money whichTaxes to be levied, together with charged, assessed or imposed within the aggregate ensuing one (1) year period shall not be fixed, such amount for the purpose of computing the monthly deposits deposit to be made pursuant by Borrower hereunder, shall be reasonably estimated by Lender, with appropriate adjustment when the amount of such Taxes is fixed. The sums deposited by Borrower under this Section shall be held in an interest-bearing account with interest being retained by Lender and free of trust except to the preceding sentence extent, if any, that applicable law shall otherwise require and applied in payment of such Taxes when due and except as provided in the paragraph immediately below. Borrower shall give thirty (30) days’ prior written notice to Lender in each instance when any Taxes are due, specifying the Taxes to be paid and the amount thereof, the place of one month prior to payment and the date last day on which the same may be paid in order to be within the time limit specified in Section 6 hereof entitled “Impositions.” Notwithstanding the foregoing provisions and so long as Borrower holds title to and controls the Portfolio Properties (subject to any Site that has been released from the lien of the Loan Documents in accordance with this Agreement), Taxes are paid in full when due (subject to Borrower’s right to contest as set forth herein) and there has been no Event of Default, or any state of facts which, with the passage of time or giving of notice, or both, would constitute an Event of Default under the Loan Documents, the interest earned by such escrows, less reasonable escrow costs, will be credited to Borrower against such escrow amounts next installment of annual Taxes for the current calendar year become due, following Lender’s receipt of evidence that such Taxes have been paid in full. If for any reason the sums on deposit with Lender or escrow agent under this Section shall not be sufficient to pay any Taxes within the time specified in full such installment of annual TaxesSection 6 hereof, as estimated by the Lender. Such deposits are to be held without any allowance of interest and are to be used for the payment of Taxes next due and payable when they become due. So long as no Event of Default under this Mortgage shall exist, the Lender shall, at its option, pay such Taxes when the same become due and payable (upon submission of appropriate bills therefor from the Mortgagor) or shall release sufficient funds to the Mortgagor for the payment thereof. If the funds so deposited are insufficient to pay any such Taxes for any year (or installments thereof, as applicable) when the same shall become due and payable, the Mortgagor then Borrower shall, within 10 days ten (10) Business Days after receipt of written demand thereforby Lender, deposit additional funds as sufficient sums so that Lender may be necessary to pay such Taxes in full, together with any penalty and interest thereon. If the funds so deposited exceed the amount required to pay such Lender, acting reasonably, may change its estimate of Taxes for any yearperiod, on the basis of a change in an assessment or tax rate or on the basis of a prior miscalculation or for any other reason, in which event Borrower shall deposit with Lender or escrow agent within ten (10) Business Days after demand the amount of any excess of the deposits which would theretofore have been payable under the revised estimate over the sums actually deposited. If any Taxes shall be levied, charged, assessed or imposed upon or for the Portfolio Properties, or any portion thereof, and if such Taxes shall also be a levy, charge, assessment or imposition upon or for any other premises not covered by the lien of the Portfolio Mortgages, then the computation of the amounts to be deposited under this Section shall be based upon the entire amount of such Imposition and Borrower shall not have the right to apportion any deposit with respect to such Imposition. Upon an assignment of the Portfolio Mortgages, Lender shall have the right to arrange to transfer all amounts deposited and still in its possession to the assignee and Lender shall thereupon be completely released from all liability with respect to such deposit and Borrower and/or any other owner of the Portfolio Properties shall look solely to the assignee or transferee in reference thereto. Upon the payment in full by Borrower of the entire Indebtedness, any sums then held by Lender under this Section shall be refunded to Borrower. All amounts deposited shall be held by Lender as additional security for the sums secured by the Portfolio Mortgages, and Borrower hereby grants to Lender a security interest in such sums, and upon the occurrence of an Event of Default hereunder Lender may, in its sole and absolute discretion, apply said amounts to the payment of the Indebtedness, the excess STAG IV Indebtedness and/or the STAG V Indebtedness in whatever order Lender may elect. Promptly upon receipt of such by Borrower, Borrower shall deliver to Lender copies of all notices, demands, claims, bills and receipts in relation to the Impositions. Additionally, within thirty (30) days after the final date that Taxes can be applied toward subsequent deposits. Said deposits need not be kept separate and apart from any other funds paid without penalty or interest, Borrower shall deliver to Lender evidence of the payment in full of all Taxes, whether or not such Taxes are payable directly to the applicable Governmental Authority by tenants under Leases approved by Lender or otherwise entered into in accordance with the Loan Documents. Notwithstanding the foregoing provisions, (a) Lender hereby waives the requirement for deposits as to that portion of Taxes payable directly to the applicable Governmental Authority by tenants under the terms of Leases (as hereinafter defined) approved by Lender or otherwise entered into in accordance with the Loan Documents, provided satisfactory proof of payment is promptly furnished to Lender. The ; and (b) Borrower may elect to provide Lender with an unconditional and irrevocable sight draft letter of credit, in form and substance reasonably satisfactory to Lender, drawn on a bank satisfactory to Lender, payable to Lender and in making any payment hereby authorized relating the amount that would otherwise be required to Taxes, may do so according to any xxxx, statement or estimate procured from the appropriate public office without inquiry be funded into the accuracy of such xxxx, statement or estimate or into the validity of any tax, assessment, sale, forfeiture, tax lien or title or claim thereof. The Lender shall not exercise its right to require such deposits so long as the Borrower has paid all Taxes when dueescrow provided by this Section 7.

Tax Deposits. If requested Following any failure by the LenderMortgagor to pay when ------------ due any real property tax or personal property tax required to be paid by the Mortgagor under Section 2.14, and without limiting the obligations of the Mortgagor under section 2.14, if required by the Mortgagee, the Mortgagor Mortgagor, at its sole cost and expense, shall deposit with such service or financial institution as the LenderMortgagee shall designate, monthly on the first day of each month until the Indebtedness is fully paidcalendar month, a sum equal to 1/12th of 105% one-twelfth of the most recent ascertainable aggregate annual Taxes on amount of the Premises. If requested real property and personal property taxes required to be paid by the LenderMortgagor under Section 2.14. In addition, if required by the Mortgagee, the Mortgagor also shall also deposit with the Lender an amount such service or financial institution a sum of money which, together with the aggregate monthly installments required under the preceding sentence, will be sufficient to make each of the monthly deposits payments of such real property and personal property taxes at least three days before such payments are due, If the amount of any such payments is not ascertainable at the time any such deposit is required to be made pursuant to this Section 2.15, then the preceding sentence as deposit shall be made on the basis of one month prior to the date on which the next installment Mortgagee's estimate of annual Taxes such amount, and, when such amount is fixed for the then-current calendar year become dueyear, the Mortgagor promptly shall deposit any deficiency with such service or financial institution. All funds deposited with such service or financial institution pursuant to this Section 2.15, until applied as provided below, shall constitute additional security for the Obligations, shall be sufficient to pay held by such service or financial institution in full such installment of annual Taxesa separate interest,bearing account and, as estimated by the Lender. Such deposits are to be held without any allowance of interest and are to be used for the payment of Taxes next due and payable when they become due. So long as provided that no Event of Default under this Mortgage (as defined below) shall existhave occurred and be continuing, such funds and any interest earned thereon shall be applied in payment of the Lender shallamounts of such real property and personal property taxes prior to their becoming delinquent, at its option, pay such Taxes when the same become due and payable (upon submission of appropriate bills therefor from the Mortgagor) or shall release sufficient funds to the Mortgagor for extent that such service or financial institution shall have such funds on hand; provided that neither the payment thereof. If the Mortgagee nor such service or financial institution -------- shall have any obligation to use such funds so deposited are insufficient to pay any installment of such Taxes real property or personal property taxes prior to the last day on which payment thereof may be made without penalty or interest The Mortgagor shall be responsible for any year (furnishing to the Mortgagee bills or installments thereof, as applicable) when invoice; for such real property and personal property taxes in sufficient time to pay the same before any penalty or interest attaches, and neither the Mortgagee nor such service or financial institution shall become due have any responsibility for payment of such real property or personal property taxes in the absence of such bills or invoices. If an Event of Default shall have occurred and payablebe continuing, or if the Obligations shall be accelerated as provided in this Mortgage or the Promissory Note, then all funds deposited with such soak or financial institution under this Section 2.15 and any interest earned thereon, at the Mortgagee's option, may be applied to the Obligations in the order and manner determined by the Mortgagee or to cure such Event of Default or otherwise as provided in this Section 2.15. Upon an assignment or other transfer of this Mortgage, the Mortgagee shall thereupon be completely released from all liability with respect to such deposits, and the Mortgagor shall, within 10 days after receipt of written demand therefor, deposit additional funds as may be necessary to pay such Taxes in full. If or the funds so deposited exceed the amount required to pay such Taxes for any year, the excess shall be applied toward subsequent deposits. Said deposits need not be kept separate and apart from any other funds owner of the LenderMortgaged Property shall look solely to such service or financial institution or the assignee or transferee with respect to such deposit. The Lender, in making any payment hereby authorized relating preceding sentence shall apply to Taxes, may do so according to any xxxx, statement or estimate procured from the appropriate public office without inquiry into the accuracy each transfer of such xxxx, statement deposits to a new assignee or estimate or into transferee. A permissible transfer of record title to the validity of any tax, assessment, sale, forfeiture, tax lien or title or claim thereof. The Lender Facility automatically shall not exercise its right transfer to require such deposits so long as the Borrower has paid all Taxes when due.new owner the beneficial interest in any

Tax Deposits. If requested by the LenderGrantee, the Mortgagor Grantor shall deposit with the LenderGrantee, on the first day of each month until the Indebtedness is fully paid, a sum equal to 1/12th of 105% of the most recent ascertainable annual Taxes on the Premises. If requested by the LenderGrantee, the Mortgagor Grantor shall also deposit with the Lender Grantee an amount of money which, together with the aggregate of the monthly deposits to be made pursuant to the preceding sentence as of one month prior to the date on which the next installment of annual Taxes for the current calendar year become due, shall be sufficient to pay in full such installment of annual Taxes, as estimated by the LenderGrantee. Such deposits are to be held without any allowance of interest and are to be used for the payment of Taxes next due and payable when they become due. So long as no Event of Default under this Mortgage Deed to Secure Debt shall exist, the Lender Grantee shall, at its option, pay such Taxes when the same become due and payable (upon submission of appropriate bills therefor from the MortgagorGrantor) or shall release sufficient funds to the Mortgagor Grantor for the payment thereof. If the funds so deposited are insufficient to pay any such Taxes for any year (or installments thereof, as applicable) when the same shall become due and payable, the Mortgagor Grantor shall, within 10 days after receipt of written demand therefor, deposit additional funds as may be necessary to pay such Taxes in full. If the funds so deposited exceed the amount required to pay such Taxes for any year, the excess shall be applied toward subsequent deposits. Said deposits need not be kept separate and apart from any other funds of the LenderGrantee. The LenderGrantee, in making any payment hereby authorized relating to Taxes, may do so according to any xxxx, statement or estimate procured from the appropriate public office without inquiry into the accuracy of such xxxx, statement or estimate or into the validity of any tax, assessment, sale, forfeiture, tax lien or title or claim thereof. The Lender Grantee shall not exercise its right to require such deposits so long as the Borrower Grantor has paid all Taxes when due.

Tax Deposits. If requested by Borrower and Lender have entered into a Real Estate Tax Escrow and Security Agreement of even date herewith (as the Lendersame may be amended, modified, substituted or supplemented from time to time, the Mortgagor “Tax Escrow Agreement”), the terms of which provide for the escrow and payments of money with respect to real estate taxes, assessments and other payments to Governmental Authorities in lieu thereof (“Taxes”) that are not payable directly to the applicable Governmental Authority by tenants under Leases approved by Lender or otherwise entered into in accordance with the Loan Documents. Notwithstanding the provisions of Section 6 hereof, Borrower covenants to perform its obligations under the Tax Escrow Agreement and Lender has agreed that Borrower may perform its obligations under this Loan Agreement with respect to the Taxes in accordance with the Tax Escrow Agreement. In the event that Borrower defaults under the Tax Escrow Agreement, or the Tax Escrow Agreement is terminated for any reason, or in the event that the Tax Escrow Agreement becomes ineffective or otherwise unenforceable, then the balance of the terms and conditions of this Section shall be applicable and control with respect to the Taxes. Subject to the last paragraph of this Section 7, Borrower shall deposit with the Lender or with an escrow agent selected by Lender, on the first (1st) day of the calendar month immediately following the date of the Initial Advance and on the first (1st) day of each calendar month thereafter (each of which dates is hereinafter called the “Monthly Tax Deposit Date”) until the payment in full of the Indebtedness is fully paid, a sum equal to 1/12th of 105% one-twelfth (1/12) of the most recent ascertainable annual Taxes on to be levied, charged, assessed or imposed upon or for the PremisesPortfolio Properties within one (1) year after the Monthly Tax Deposit Date. If requested by on any Monthly Tax Deposit Date the Lender, the Mortgagor shall also deposit with the Lender an amount of money whichTaxes to be levied, together with charged, assessed or imposed within the aggregate ensuing one (1) year period shall not be fixed, such amount for the purpose of computing the monthly deposits deposit to be made pursuant by Borrower hereunder, shall be reasonably estimated by Lender, with appropriate adjustment when the amount of such Taxes is fixed. The sums deposited by Borrower under this Section shall be held in an interest-bearing account with interest being retained by Lender and free of trust except to the preceding sentence extent, if any, that applicable law shall otherwise require and applied in payment of such Taxes when due and except as provided in the paragraph immediately below. Borrower shall give thirty (30) days’ prior written notice to Lender in each instance when any Taxes are due, specifying the Taxes to be paid and the amount thereof, the place of one month prior to payment and the date last day on which the same may be paid in order to be within the time limit specified in Section 6 hereof entitled “Impositions.” Notwithstanding the foregoing provisions and so long as Borrower holds title to and controls the Portfolio Properties (subject to any Site that has been released from the lien of the Loan Documents in accordance with this Agreement), Taxes are paid in full when due (subject to Borrower’s right to contest as set forth herein) and there has been no Event of Default, or any state of facts which, with the passage of time or giving of notice, or both, would constitute an Event of Default under the Loan Documents, the interest earned by such escrows, less reasonable escrow costs, will be credited to Borrower against such escrow amounts next installment of annual Taxes for the current calendar year become due, following Lender’s receipt of evidence that such Taxes have been paid in full. If for any reason the sums on deposit with Lender or escrow agent under this Section shall not be sufficient to pay any Taxes within the time specified in full such installment of annual TaxesSection 6 hereof, as estimated by the Lender. Such deposits are to be held without any allowance of interest and are to be used for the payment of Taxes next due and payable when they become due. So long as no Event of Default under this Mortgage shall exist, the Lender shall, at its option, pay such Taxes when the same become due and payable (upon submission of appropriate bills therefor from the Mortgagor) or shall release sufficient funds to the Mortgagor for the payment thereof. If the funds so deposited are insufficient to pay any such Taxes for any year (or installments thereof, as applicable) when the same shall become due and payable, the Mortgagor then Borrower shall, within 10 days ten (10) Business Days after receipt of written demand thereforby Lender, deposit additional funds as sufficient sums so that Lender may be necessary to pay such Taxes in full, together with any penalty and interest thereon. If the funds so deposited exceed the amount required to pay such Lender, acting reasonably, may change its estimate of Taxes for any yearperiod, on the basis of a change in an assessment or tax rate or on the basis of a prior miscalculation or for any other reason, in which event Borrower shall deposit with Lender or escrow agent within ten (10) Business Days after demand the amount of any excess of the deposits which would theretofore have been payable under the revised estimate over the sums actually deposited. If any Taxes shall be applied toward subsequent deposits. Said deposits need not levied, charged, assessed or imposed upon or for the Portfolio Properties, or any portion thereof, and if such Taxes shall also be kept separate and apart from a levy, charge, assessment or imposition upon or for any other funds premises not covered by the lien of the Portfolio Mortgages, then the computation of the amounts to be deposited under this Section shall be based upon the entire amount of such Imposition and Borrower shall not have the right to apportion any deposit with respect to such Imposition. Upon an assignment of the Portfolio Mortgages, Lender shall have the right to arrange to transfer all amounts deposited and still in its possession to the assignee and Lender shall thereupon be completely released from all liability with respect to such deposit and Borrower and/or any other owner of the Portfolio Properties shall look solely to the assignee or transferee in reference thereto. Upon the payment in full by Borrower of the entire Indebtedness, any sums then held by Lender under this Section shall be refunded to Borrower. All amounts deposited shall be held by Lender as additional security for the sums secured by the Portfolio Mortgages, and Borrower hereby grants to Lender a security interest in such sums, and upon the occurrence of an Event of Default hereunder Lender may, in its sole and absolute discretion, apply said amounts to the payment of the Indebtedness and/or the STAG IV Indebtedness in whatever order Lender may elect. Promptly upon receipt of such by Borrower, Borrower shall deliver to Lender copies of all notices, demands, claims, bills and receipts in relation to the Impositions. Additionally, within thirty (30) days after the final date that Taxes can be paid without penalty or interest, Borrower shall deliver to Lender evidence of the payment in full of all Taxes, whether or not such Taxes are payable directly to the applicable Governmental Authority by tenants under Leases approved by Lender or otherwise entered into in accordance with the Loan Documents. Notwithstanding the foregoing provisions, (a) Lender hereby waives the requirement for deposits as to that portion of Taxes payable directly to the applicable Governmental Authority by tenants under the terms of Leases (as hereinafter defined) approved by Lender or otherwise entered into in accordance with the Loan Documents, provided satisfactory proof of payment is promptly furnished to Lender. The ; and (b) Borrower may elect to provide Lender with an unconditional and irrevocable sight draft letter of credit, in form and substance reasonably satisfactory to Lender, drawn on a bank satisfactory to Lender, payable to Lender and in making any payment hereby authorized relating the amount that would otherwise be required to Taxes, may do so according to any xxxx, statement or estimate procured from the appropriate public office without inquiry be funded into the accuracy of such xxxx, statement or estimate or into the validity of any tax, assessment, sale, forfeiture, tax lien or title or claim thereof. The Lender shall not exercise its right to require such deposits so long as the Borrower has paid all Taxes when dueescrow provided by this Section 7.

Tax Deposits. If requested by Upon the Lenderoccurrence of an Event of Default, the Mortgagor shall deposit with the LenderMortgagee, on the first day of each month until the Indebtedness is fully paid, a sum equal to 1/12th one-twelfth (1/12th) of one hundred five percent (105% %) of the most recent ascertainable annual Taxes on the Premises. If Premises and, if requested by the LenderMortgagee, the Mortgagor shall also deposit with the Lender Mortgagee an amount of money which, together with the aggregate of the monthly deposits to be made pursuant to the preceding sentence as of one month prior to the date on which the next installment of annual Taxes for the current calendar year become due, shall be sufficient to pay in full such installment of annual Taxes, as estimated by the LenderMortgagee. Such deposits are to be held without any with allowance of interest at a rate equal to the Mortgagee’s then current money market rate, as determined by the Mortgagee in its sole discretion and adjusted by the Mortgagee from time to time and are to be used for the payment of Taxes next due and payable when they become due, except as otherwise provided herein. So long as no Event of Default under this Mortgage shall exist, the Lender Mortgagee shall, at its option, pay such Taxes when the same become due and payable (upon submission of appropriate bills therefor from the Mortgagor) or shall release sufficient funds to the Mortgagor for the payment thereof. If the funds so deposited are insufficient to pay any such Taxes for any year (or installments thereof, as applicable) when the same shall become due and payable, the Mortgagor shall, within 10 ten (10) days after receipt of written demand therefor, deposit additional funds as may be necessary to pay such Taxes in full. If the funds so deposited exceed the amount required to pay such Taxes for any year, the excess shall be applied toward subsequent deposits. Said deposits need not be kept separate and apart from any other funds of the LenderMortgagee. The LenderMortgagee, in making any payment hereby authorized relating to Taxes, may do so according to any xxxx, statement or estimate procured from the appropriate public office without inquiry into the accuracy of such xxxx, statement or estimate or into the validity of any tax, assessment, sale, forfeiture, tax lien or title or claim thereof. The Lender shall not exercise its right to require such deposits so long as the Borrower has paid all Taxes when due.

Tax Deposits. If requested by In addition to the Lenderrequirements of Section 1.6 above, the Mortgagor Borrower shall deposit with Lender commencing with the Lender, first interest payment due under the Loan and on the first day of each month thereafter until the Indebtedness is fully paid, a sum equal to 1/12th of 105% one-twelfth (1/12) of the most recent ascertainable total annual Taxes taxes and assessments (general and special) respecting the Project, based upon Lender's reasonable estimate as to the amount of taxes and assessments to be levied and assessed. Borrower's initial deposit shall be increased by an amount equal to Lender's reasonable estimate of the amount of such taxes to become owing on the Premisesdue dates for the payment of such taxes less the monthly payments to be deposited hereunder prior to such due dates. If requested by any such taxes levied and assessed upon the LenderProject are also a levy and assessment upon any other premises, the Mortgagor shall also deposit with the Lender an amount of money whichany deposit hereunder shall be based upon the entire amount of such taxes or assessments, together with and Borrower shall not apportion the aggregate total amount of the monthly deposits to be made pursuant to taxes or assessments levied or assessed as between such other premises and the preceding sentence as of one month prior to the date on which the next installment of annual Taxes Project for the current calendar year become due, shall be sufficient to pay in full such installment purposes of annual Taxes, as estimated by computing the Lenderamount of any deposit hereunder. Such deposits are to shall be held without any allowance of interest and are to interest. Such deposits shall be used for the payment of Taxes next due such taxes and payable assessments on the Project on the earliest possible date when they such payments become due. So long as no Event of Default under this Mortgage shall exist, the Lender shall, at its option, pay such Taxes when the same become due and payable (upon submission of appropriate bills therefor from the Mortgagor) or shall release sufficient funds to the Mortgagor for the payment thereof. If the funds so deposited are insufficient to pay any such Taxes taxes or assessments for any year (or installments thereof, as applicable) when the same shall become due and payable, the Mortgagor Borrower shall, within 10 business days after receipt of written demand therefortherefor from Lender, deposit such additional funds as may be necessary to pay such Taxes taxes and assessments in full. If the funds so deposited exceed the amount required to pay such Taxes taxes and assessments for any the year, the excess shall be applied toward on a subsequent deposit or deposits. Said deposits need not be kept separate and apart from any other funds of the Lender. The LenderUpon the occurrence of an Event of Default, Lender may, at its option, without being required to do so, apply any monies at the time on deposit pursuant to this Section 5.13 on any of the Indebtedness, in making such order and manner as Lender may elect. When the Indebtedness has been fully paid, any payment remaining deposits shall be paid to Borrower or to the then owner or owners of the Project. A security interest within the meaning of the Uniform Commercial Code of the state in which the Borrower is organized as a legal entity, or Illinois, as applicable, is hereby authorized relating granted to Taxes, may do so according Lender in and to any xxxxmonies at any time on deposit pursuant to this Section 5.13, statement as additional security for the Indebtedness. Such funds shall be applied by Lender for the purposes made hereunder and shall not be subject to the direction or estimate procured from the appropriate public office without inquiry into the accuracy control of such xxxx, statement or estimate or into the validity of any tax, assessment, sale, forfeiture, tax lien or title or claim thereofBorrower. The Lender shall not exercise its right be liable for any failure to require apply the funds so deposited hereunder to the payment of any particular taxes or assessments unless Borrower, while not in default hereunder, shall have requested Lender in writing to make application of such deposits so long as funds to the Borrower has paid all Taxes when duepayment of the particular taxes or assessments for payment of which they were deposited, accompanied by the bills for such taxes or assessments. Lender shall not be liable for any act or omission taken in good faith or pursuant to the instruction of any party, but shall be liable only for gross negligence or willful misconduct.

Tax Deposits. If requested by A. At the option of the Lender, upon the Mortgagor shall occurrence of an event or circumstance which, with the giving of notice or the passage of time would constitute a Loan Default, the Borrower shall, upon the written request of Lender, deposit with the Lender, on the first day of the calendar month immediately following such request and on the first day of each calendar month thereafter (each of which dates is hereinafter referred to as a "Monthly Tax Deposit Date") until the Indebtedness is fully paidpayment in full of the Loan Obligations, a sum equal to 1/12th of 105% one twelfth (1/12) of the most recent ascertainable annual Taxes on Impositions to be levied, charged, filed, assessed or imposed upon or against the PremisesMortgaged Property within one (1) year after said Monthly Tax Deposit Date. If requested the amount of the Impositions to be levied, charged, assessed or imposed within the ensuing one (1) year period shall not be fixed upon any Monthly Tax Deposit Date, such amount for the purpose of computing the tax deposit to be made by the Borrower hereunder shall be estimated by the Lender, with an appropriate adjustment to be promptly made between the Mortgagor Borrower and the Lender as soon as the fixed amount of such Impositions is determinable. B. The sums deposited by the Borrower under this Section 6.20.02 shall also be held by the Lender and shall be applied toward the payment of the Impositions when due. Any such deposits may be commingled with other assets of the Lender and shall be invested by the Lender at such bank as the Lender from time to time may select, and the Lender shall not be liable to the Borrower or any other Person based on the Lender's choice of investment vehicles, any consequent loss of principal or interest or any unavailability of funds based on such choice of investment; provided, however, that notwithstanding the foregoing, the Lender shall only invest any such deposit in any of the investment vehicles described on Exhibit A of the Deposit Pledge Agreement. Furthermore, the Lender shall bear no responsibility for the financial condition of, or any act or omission by, the Lender's depository bank. The income from such investment or interest on such deposit shall accrue for the benefit of the Borrower. The Borrower shall give not less than ten (10) days' prior written notice to the Lender in each instance when an Imposition is due, specifying the Imposition to be paid and the amount thereof, the place of payment and the last day on which the same may be paid in order to be within the time limit specified above. C. If for any reason the sums on deposit with the Lender an amount of money which, together with the aggregate of the monthly deposits to be made pursuant to the preceding sentence as of one month prior to the date on which the next installment of annual Taxes for the current calendar year become due, under this Section. 6.20.02 shall not be sufficient to pay an Imposition within the time specified in full such installment of annual Taxesthis Section, as estimated then, within ten (10) days after demand by the Lender. Such deposits are to be held without any allowance of interest and are to be used for Lender the payment of Taxes next due and payable when they become due. So long as no Event of Default under this Mortgage Borrower shall exist, deposit sufficient sums so that the Lender shall, at its option, may pay such Taxes when the same become due and payable (upon submission of appropriate bills therefor from the Mortgagor) or shall release sufficient funds to the Mortgagor for the payment thereof. If the funds so deposited are insufficient to pay any such Taxes for any year (or installments thereof, as applicable) when the same shall become due and payable, the Mortgagor shall, within 10 days after receipt of written demand therefor, deposit additional funds as may be necessary to pay such Taxes Imposition in full. If the funds so deposited exceed the amount required to pay such Taxes for , together with any year, the excess shall be applied toward subsequent deposits. Said deposits need not be kept separate and apart from any other funds of the Lender. The Lender, in making any payment hereby authorized relating to Taxes, may do so according to any xxxx, statement or estimate procured from the appropriate public office without inquiry into the accuracy of such xxxx, statement or estimate or into the validity of any tax, assessment, sale, forfeiture, tax lien or title or claim thereof. The Lender shall not exercise its right to require such deposits so long as the Borrower has paid all Taxes when due.33

Tax Deposits. If requested by Borrower and Lender have entered into a Real Estate Tax Escrow and Security Agreement of even date herewith (as the Lendersame may be amended, modified, substituted or supplemented from time to time, the Mortgagor “Tax Escrow Agreement”), the terms of which provide for the escrow and payments of money with respect to real estate taxes, assessments and other payments to Governmental Authorities in lieu thereof (“Taxes”) that are not payable directly to the applicable Governmental Authority by tenants under Leases approved by Lender or otherwise entered into in accordance with the Loan Documents. Notwithstanding the provisions of Section 6 hereof, Borrower covenants to perform its obligations under the Tax Escrow Agreement and Lender has agreed that Borrower may perform its obligations under this Loan Agreement with respect to the Taxes in accordance with the Tax Escrow Agreement. In the event that Borrower defaults under the Tax Escrow Agreement, or the Tax Escrow Agreement is terminated for any reason, or in the event that the Tax Escrow Agreement becomes ineffective or otherwise unenforceable, then the balance of the terms and conditions of this Section shall be applicable and control with respect to the Taxes. Subject to the last paragraph of this Section 7, Borrower shall deposit with the Lender or with an escrow agent selected by Lender, on the first (1st) day of the calendar month immediately following the date of the Initial Advance and on the first (1st) day of each calendar month thereafter (each of which dates is hereinafter called the “Monthly Tax Deposit Date”) until the payment in full of the Indebtedness is fully paid, a sum equal to 1/12th of 105% one-twelfth (1/12) of the most recent ascertainable annual Taxes on to be levied, charged, assessed or imposed upon or for the PremisesPortfolio Properties within one (1) year after the Monthly Tax Deposit Date. If requested by on any Monthly Tax Deposit Date the Lender, the Mortgagor shall also deposit with the Lender an amount of money whichTaxes to be levied, together with charged, assessed or imposed within the aggregate ensuing one (1) year period shall not be fixed, such amount for the purpose of computing the monthly deposits deposit to be made pursuant by Borrower hereunder, shall be reasonably estimated by Lender, with appropriate adjustment when the amount of such Taxes is fixed. The sums deposited by Borrower under this Section shall be held in an interest-bearing account with interest being retained by Lender and free of trust except to the preceding sentence extent, if any, that applicable law shall otherwise require and applied in payment of such Taxes when due and except as provided in the paragraph immediately below. Borrower shall give thirty (30) days’ prior written notice to Lender in each instance when any Taxes are due, specifying the Taxes to be paid and the amount thereof, the place of one month prior to payment and the date last day on which the same may be paid in order to be within the time limit specified in Section 6 hereof entitled “Impositions.” Notwithstanding the foregoing provisions and so long as Borrower holds title to and controls the Portfolio Properties (subject to any Site that has been released from the lien of the Loan Documents in accordance with this Agreement), Taxes are paid in full when due (subject to Borrower’s right to contest as set forth herein) and there has been no Event of Default, or any state of facts which, with the passage of time or giving of notice, or both, would constitute an Event of Default under the Loan Documents, the interest earned by such escrows, less reasonable escrow costs, will be credited to Borrower against such escrow amounts next installment of annual Taxes for the current calendar year become due, following Lender’s receipt of evidence that such Taxes have been paid in full. If for any reason the sums on deposit with Lender or escrow agent under this Section shall not be sufficient to pay any Taxes within the time specified in full such installment of annual TaxesSection 6 hereof, as estimated by the Lender. Such deposits are to be held without any allowance of interest and are to be used for the payment of Taxes next due and payable when they become due. So long as no Event of Default under this Mortgage shall exist, the Lender shall, at its option, pay such Taxes when the same become due and payable (upon submission of appropriate bills therefor from the Mortgagor) or shall release sufficient funds to the Mortgagor for the payment thereof. If the funds so deposited are insufficient to pay any such Taxes for any year (or installments thereof, as applicable) when the same shall become due and payable, the Mortgagor then Borrower shall, within 10 days ten (10) Business Days after receipt of written demand thereforby Lender, deposit additional funds as sufficient sums so that Lender may be necessary to pay such Taxes in full, together with any penalty and interest thereon. If the funds so deposited exceed the amount required to pay such Lender, acting reasonably, may change its estimate of Taxes for any yearperiod, on the basis of a change in an assessment or tax rate or on the basis of a prior miscalculation or for any other reason, in which event Borrower shall deposit with Lender or escrow agent within ten (10) Business Days after demand the amount of any excess of the deposits which would theretofore have been payable under the revised estimate over the sums actually deposited. If any Taxes shall be applied toward subsequent deposits. Said deposits need not levied, charged, assessed or imposed upon or for the Portfolio Properties, or any portion thereof, and if such Taxes shall also be kept separate and apart from a levy, charge, assessment or imposition upon or for any other funds premises not covered by the lien of the Portfolio Mortgages, then the computation of the amounts to be deposited under this Section shall be based upon the entire amount of such Imposition and Borrower shall not have the right to apportion any deposit with respect to such Imposition. Upon an assignment of the Portfolio Mortgages, Lender shall have the right to arrange to transfer all amounts deposited and still in its possession to the assignee and Lender shall thereupon be completely released from all liability with respect to such deposit and Borrower and/or any other owner of the Portfolio Properties shall look solely to the assignee or transferee in reference thereto. Upon the payment in full by Borrower of the entire Indebtedness, any sums then held by Lender under this Section shall be refunded to Borrower. All amounts deposited shall be held by Lender as additional security for the sums secured by the Portfolio Mortgages, and Borrower hereby grants to Lender a security interest in such sums, and upon the occurrence of an Event of Default hereunder Lender may, in its sole and absolute discretion, apply said amounts to the payment of the Indebtedness in whatever order Lender may elect. Promptly upon receipt of such by Borrower, Borrower shall deliver to Lender copies of all notices, demands, claims, bills and receipts in relation to the Impositions. Additionally, within thirty (30) days after the final date that Taxes can be paid without penalty or interest, Borrower shall deliver to Lender evidence of the payment in full of all Taxes, whether or not such Taxes are payable directly to the applicable Governmental Authority by tenants under Leases approved by Lender or otherwise entered into in accordance with the Loan Documents. Notwithstanding the foregoing provisions, (a) Lender hereby waives the requirement for deposits as to that portion of Taxes payable directly to the applicable Governmental Authority by tenants under the terms of Leases (as hereinafter defined) approved by Lender or otherwise entered into in accordance with the Loan Documents, provided satisfactory proof of payment is promptly furnished to Lender. The ; and (b) Borrower may elect to provide Lender with an unconditional and irrevocable sight draft letter of credit, in form and substance reasonably satisfactory to Lender, drawn on a bank satisfactory to Lender, payable to Lender and in making any payment hereby authorized relating the amount that would otherwise be required to Taxes, may do so according to any xxxx, statement or estimate procured from the appropriate public office without inquiry be funded into the accuracy of such xxxx, statement or estimate or into the validity of any tax, assessment, sale, forfeiture, tax lien or title or claim thereof. The Lender shall not exercise its right to require such deposits so long as the Borrower has paid all Taxes when dueescrow provided by this Section 7.

Tax Deposits. If requested by At the Lender’s option following an Event of Default under the Note or Mortgage, the Mortgagor shall deposit with the Lender, on the first fifteenth (15th) day of each month until the Indebtedness is fully paid, a sum equal to 1/12th one-twelfth (1/12th) of 105% one hundred five percent (105.00%) of the most recent ascertainable annual Taxes on the Premises. If requested by the Lender, the Mortgagor shall also deposit with the Lender an amount of money which, together with the aggregate of the monthly deposits to be made pursuant to the preceding sentence as of one month prior to the date on which the next installment of annual Taxes for the current calendar year become due, shall be sufficient to pay in full such installment of annual Taxes, as estimated by the Lender. Such deposits are to be held without any allowance of interest interest, as determined by the Lender in its sole discretion and are adjusted by the Lender from time to be used for the payment of Taxes next due and payable when they become duetime. So long as no Event of Default under this Mortgage shall exist, the Lender shall, at its option, pay such Taxes when the same become due and payable (upon submission of appropriate bills therefor from the Mortgagor) or shall release sufficient funds to the Mortgagor for the payment thereof. If the funds so deposited are insufficient to pay any such Taxes for any year (or installments thereof, as applicable) when the same shall become due and payable, the Mortgagor shall, within 10 ten (10) days after receipt of written demand therefor, deposit additional funds as may be necessary to pay such Taxes in full. If the funds so deposited exceed the amount required to pay such Taxes for any year, the excess shall be applied toward subsequent deposits. Said deposits need not be kept separate and apart from any other funds of the Lender. The Lender, in making any payment hereby authorized relating to Taxes, may do so according to any xxxxbill, statement or estimate procured from the appropriate public office without inquiry into the accuracy of such xxxxbill, statement or estimate or into the validity of any tax, assessment, sale, forfeiture, tax lien or title or claim thereof. Upon an Event of Default, the Lender may, at its option, apply any monies at the time on deposit to cure an Event of Default or to pay any of the Indebtedness in such order and manner as the Lender may elect. If such deposits are used to cure an Event of Default or pay any of such indebtedness, the Mortgagor shall immediately, upon demand by the Lender, deposit with the Lender an amount equal to the amount expended by the Mortgagor from the deposits. When the indebtedness owed by Xxxxxxxxx to Lender has been fully paid, any remaining deposits shall be returned to the Mortgagor. Such deposits are hereby pledged as additional security for the indebtedness and shall not be subject to the direction or control of the Mortgagor. Lender shall not be liable for any failure to apply to the payment of Taxes any amount so deposited unless the Mortgagor, prior to an Event of Default, shall have requested the Lender in writing to make application of such funds to the payment of such amounts, accompanied by the bills for such Taxes. The Lender shall not exercise its right be liable for any act or omission taken in good faith or pursuant to require such deposits so long as the Borrower has paid all Taxes when dueinstruction of any party.

Tax Deposits. If requested Unless otherwise waived in writing by the LenderGrantee, the Mortgagor shall Grantor covenants and agrees to deposit with such depositary as the LenderGrantee from time to time may in writing appoint, and in the absence of such appointment, then at the office of Grantee, c/o ING Investment Management LLC, 0000 Xxxxxx Xxxxx Xxxx, XX, Xxxxx 000, Xxxxxxx, Xxxxxxx 00000-0000, Attention: Mortgage Loan Servicing Department, commencing on the date of disbursement of the loan secured hereby (the “Loan”) and on the first day of each month following the month in which said disbursement occurred until the Indebtedness is fully paid, a sum equal to 1/12th of 105% one-twelfth (1/12th) of the most recent last total annual taxes and assessments for the last [DEED TO SECURE DEBT AND SECURITY AGREEMENT] ING No. 28315 ascertainable annual Taxes year (if the current year’s taxes and assessments are not yet ascertainable) (general and special) on the Premises. If requested by Premises (unless said taxes are based upon assessments which exclude the LenderImprovements or any part thereof now constructed or to be constructed, in which event the Mortgagor shall also deposit with the Lender an amount of money which, together with such deposits shall be based upon the aggregate Grantee’s reasonable estimate as to the amount of the monthly deposits taxes and assessments to be made pursuant to the preceding sentence as of one month prior to the date on which the next installment of annual Taxes for the current calendar year become due, shall be sufficient to pay in full such installment of annual Taxes, as estimated by the Lenderlevied and assessed). Such deposits are to be held without any allowance of interest (unless local law requires otherwise) and are to be used for the payment of Taxes taxes and assessments (general and special) on the Premises next due and payable when they become due. So long Upon demand by such depositary, Grantor shall deliver and pay over to such depositary from time to time such additional sums or such additional security as no Event of Default under this Mortgage shall exist, are necessary to make up any deficiency in the Lender shall, at its option, pay amount necessary to enable such Taxes when the same become due and payable (upon submission of appropriate bills therefor from the Mortgagor) or shall release sufficient funds depositary to the Mortgagor for the payment thereof. If the funds so deposited are insufficient to fully pay any such Taxes for any year (or installments thereof, of the items hereinabove mentioned as applicable) when the same shall they become due and payable, the Mortgagor shall, within 10 days after receipt of written demand therefor, deposit additional funds as may be necessary to pay such Taxes in full. If the funds so deposited exceed the amount required to pay such Taxes items hereinabove mentioned for any year, the excess shall be applied toward on a subsequent deposit or deposits. Said deposits need not be kept separate and apart from any other funds of Grantee or such depositary. If any such taxes or assessments (general or special) shall be levied, charged, assessed or imposed upon or for the Lender. The LenderPremises, in making or any payment hereby authorized relating portion thereof, and if such taxes or assessments shall also be a levy, charge, assessment or imposition upon or for any other property not covered by the lien of this Deed, then the computation of any amount to Taxes, may do so according to any xxxx, statement or estimate procured from be deposited under this Paragraph 4 shall be based upon the appropriate public office without inquiry into the accuracy entire amount of such xxxxtaxes or assessments, statement or estimate or into and Grantor shall not have the validity right to apportion the amount of any tax, assessment, sale, forfeiture, tax lien such taxes or title or claim thereof. The Lender shall not exercise its right to require assessments for the purposes of such deposits so long as the Borrower has paid all Taxes when duecomputation.

Tax Deposits. If requested by the Lender, the Mortgagor Borrower shall deposit with Lender commencing with the Lender, first interest payment due under the Loan and on the first day of each month thereafter until the Indebtedness is fully paid, a sum equal to 1/12th of 105% one-twelfth (1/12) of the most recent ascertainable total annual Taxes taxes and assessments (general and special) respecting the Property, based upon Lender's reasonable estimate as to the amount of taxes and assessments to be levied and assessed. Borrower's initial deposit shall be increased by an amount equal to Lender's reasonable estimate of the amount of such taxes to become owing on the Premisesdue dates for the payment of such taxes less the monthly payments to be deposited hereunder prior to such due dates. If requested by any such taxes levied and assessed upon the LenderProperty are also a levy and assessment upon any other premises, the Mortgagor shall also deposit with the Lender an amount of money whichany deposit hereunder shall be based upon the entire amount of such taxes or assessments, together with and Borrower shall not apportion the aggregate total amount of the monthly deposits to be made pursuant to taxes or assessments levied or assessed as between such other premises and the preceding sentence as of one month prior to the date on which the next installment of annual Taxes Property for the current calendar year become due, shall be sufficient to pay in full such installment purposes of annual Taxes, as estimated by computing the Lenderamount of any deposit hereunder. Such deposits are to shall be held without any allowance of interest and are to interest. Such deposits shall be used for the payment of Taxes such taxes and assessments on the Property next due and payable when and as they become due. So long as no Event of Default under this Mortgage shall exist, the Lender shall, at its option, pay such Taxes when the same become due and payable (upon submission of appropriate bills therefor from the Mortgagor) or shall release sufficient funds to the Mortgagor for the payment thereof. If the funds so deposited are insufficient to pay any such Taxes taxes or assessments for any year (or installments thereof, as applicable) when the same shall become due and payable, the Mortgagor Borrower shall, within 10 days after receipt of written demand therefortherefor from Lender but in no event later than thirty (30) days prior to the due date of any such payment, deposit such additional funds as may be necessary to pay such Taxes taxes and assessments in fullfull at least thirty (30) days in advance of the due date thereof. If the funds so deposited exceed the amount required to pay such Taxes taxes and assessments for any the year, the excess shall be applied toward on a subsequent deposit or deposits. Said deposits need not be kept separate and apart from any other funds of the Lender. The LenderUpon the occurrence of an Event of Default, Lender may, at its option, without being required to do so, apply any monies at the time on deposit, pursuant to this Section 5.13 on any of the Indebtedness, in making such order and manner as Lender may elect. When the Indebtedness has been fully paid, any payment remaining deposits shall be paid to Borrower or to the then owner or owners of the Property. A security interest within the meaning of the Uniform Commercial Code of the Commonwealth of Virginia is hereby authorized relating granted to Taxes, may do so according Lender in and to any xxxxmonies at any time on deposit pursuant to this Section 5.13, statement as additional security for the Indebtedness. Such funds shall be applied by Lender for the purposes made hereunder and shall not be subject to the direction or estimate procured from the appropriate public office without inquiry into the accuracy control of such xxxx, statement or estimate or into the validity of any tax, assessment, sale, forfeiture, tax lien or title or claim thereofBorrower. The Lender shall not exercise its right be liable for any failure to require apply the funds so deposited hereunder to the payment of any particular taxes or assessments unless Borrower, while not in default hereunder, shall have requested Lender in writing to make application of such deposits so long as funds to the Borrower has paid all Taxes when duepayment of the particular taxes or assessments for payment of which they were deposited, accompanied by the bills for such taxes or assessments. Lender shall not be liable for any act or omission taken in good faith or pursuant to the instruction of any party, but shall be liable only for willful misconduct.

Tax Deposits. If requested by Following the Lenderoccurrence of an Event of Default ------------------------- hereunder, the Mortgagor shall Lessee further covenants and agrees that it will deposit with the LenderLessor, on the first day of each month until of the Indebtedness is fully paidTerm hereof, a sum an amount equal to 1/12th of 105% 1.05 times one-twelfth (1/12th) of the most recent ascertainable annual Taxes amount of the general real estate taxes and assessments on the PremisesProperty as determined by the previous year's tax xxxx, or, if such tax xxxx is not available, then by the last procurable tax xxxx. If requested by such previous year's or last procurable xxxx does not include a full assessment of the LenderBuildings, the Mortgagor each of such deposits shall also deposit with the Lender be in an amount of money which, together with the aggregate 1.05 times one- twelfth (1/12th) of the monthly deposits Lessor's reasonable estimate of the taxes and assessments to be made pursuant to assessed. It is the preceding sentence as of one month prior to the date on which the next installment of annual Taxes intent hereof that such aggregate deposits for the current calendar year become due, taxes and assessments shall be sufficient to pay in full such installment of annual Taxes, as estimated by the Lender. Such deposits are to be held without any allowance of interest and are to be used for the payment of Taxes next due such general real estate taxes and payable assessments when they become due. So long At the written request of Lessee, accompanied by the xxxx for the tax then due, Lessor shall use said moneys so deposited to pay the general taxes and assessments on the Property when and as no Event of Default under this Mortgage said general taxes and assessments shall exist, the Lender shall, at its option, pay such Taxes when the same become due and payable (upon submission of appropriate bills therefor from the Mortgagor) or shall release sufficient funds to the Mortgagor for proper taxing authority; and, in the absence of such written request, Lessor may, but shall not be required to, apply said deposited moneys to the payment thereofof such general taxes and assessments. If In the funds event Lessee is required to make monthly deposits under the terms of this Section 4.3, and thereupon makes twelve (12) consecutive monthly deposits in a timely manner as required in this Section and is not otherwise in Default under this Lease beyond applicable cure periods, Lessee's obligation to continue making such deposits shall discontinue until such time, if any, that another Event of Default occurs, in which case the provisions of this sentence shall once again apply. In the event that during the Term of this Lease there shall be an excess of moneys so deposited are insufficient with the Lessor over and above the amount of taxes and assessments to pay any such Taxes for any year (or installments thereof, as applicable) when the same shall become due and payablepayable in any calendar year, such excess shall be retained by the Mortgagor shallLessor and shall be credited pro tanto to the monthly installments to be paid to the Lessor --- ----- by the Lessee during the next succeeding year, within 10 days after receipt excepting only that at the time of written demand thereforthe termination of this Lease, if Lessee is not then in Default, then Lessee shall be entitled to withdraw the amount of such deposit additional funds as may be necessary to pay such Taxes in full. If the funds so deposited exceed excess of the amount required to pay such Taxes for any year, the excess shall be applied toward subsequent deposits. Said deposits need not be kept separate taxes and apart from any other funds assessments to the end of the LenderTerm hereof. The Lender, in making any payment hereby authorized relating to Taxes, may do so according to any xxxx, statement or estimate procured Nothing herein contained shall relieve the Lessee from the appropriate public office without inquiry into the accuracy necessity of such xxxx, statement or estimate or into the validity paying any deficiency of any tax, assessment, sale, forfeiture, general taxes and assessments in the event that the total annual deposit with Lessor is less than the amount of the actual tax lien or title or claim thereof. The Lender shall not exercise its right to require such deposits so long as the Borrower has paid all Taxes when duelevied and assessed.