Common use of Taxes; Charges Clause in Contracts

Taxes; Charges. Borrower shall pay before any fine, penalty, interest or cost may be added thereto, and shall not enter into any agreement to defer, any real estate taxes and assessments, franchise taxes and charges, and other governmental charges that may become a Lien upon the Project or become payable during the term of the Loan, and will promptly furnish Lender with evidence of such payment; however, Borrower's compliance with Section 3.4 of this Agreement relating to impounds for taxes and assessments shall, with respect to payment of such taxes and assessments, be deemed compliance with this Section 8.2. Borrower shall not suffer or permit the joint assessment of the Project with any other real property constituting a separate tax lot or with any other real or personal property. Borrower shall pay when due all claims and demands of mechanics, materialmen, laborers and others which, if unpaid, would result in a Lien on the Project; however, Borrower may contest the validity of such claims and demands so long as (a) Borrower notifies Lender that it intends to contest such claim or demand, (b) Borrower provides Lender with an indemnity, bond or other security satisfactory to Lender (including an endorsement to Lender's title insurance policy insuring against such claim or demand) assuring the discharge of Borrower's obligations for such claims and demands, including interest and penalties, and (c) Borrower is diligently contesting the same by appropriate legal proceedings in good faith and at its own expense and concludes such contest prior to the tenth (10th) day preceding the earlier to occur of the Maturity Date or the date on which the Project is scheduled to be sold for non-payment.

Appears in 1 contract

Samples: Loan Agreement (Angeles Partners Xi)

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Taxes; Charges. Borrower shall pay before any fine, penalty, interest or cost may be added thereto, and shall not enter into any agreement to defer, any real estate taxes and assessments, franchise taxes and charges, and other governmental charges that may become a Lien upon the any Project or become payable during the term of the Loan, and will promptly furnish Lender with evidence of such payment; however, Borrower's ’s compliance with Section 3.4 of this Agreement relating to impounds for taxes and assessments shall, with respect to payment of such taxes and assessments, be deemed compliance with this Section 8.2). Borrower shall not suffer or permit the joint assessment of the any Project with any other real property constituting a separate tax lot or with any other real or personal property. Borrower shall pay when due all claims and demands of mechanics, materialmen, laborers and others which, if unpaid, would might result in a Lien on the any Project; however, Borrower may contest the validity of such claims and demands so long as (a) Borrower notifies Lender that it intends to contest such claim or demand, (b) Borrower provides Lender with an indemnity, bond or other security satisfactory to Lender (including an endorsement to Lender's ’s title insurance policy insuring against such claim or demand) assuring the discharge of Borrower's ’s obligations for such claims and demands, including interest and penalties, and (c) Borrower is diligently contesting the same by appropriate legal proceedings in good faith and at its own expense and concludes such contest prior to the tenth (10th) day preceding the earlier to occur of the Maturity Date or the date on which the any Project is scheduled to be sold for non-payment.

Appears in 1 contract

Samples: Loan Agreement (KBS Strategic Opportunity REIT, Inc.)

Taxes; Charges. Borrower shall pay before any fine, penalty, interest or cost may be added thereto, and shall not enter into any agreement to defer, any real estate taxes and assessments, franchise taxes and charges, and other governmental charges that may become a Lien upon the a Project or become payable during the term of the Loan, and will promptly furnish Lender with evidence of such payment; however, if applicable, Borrower's compliance with Section 3.4 of this Agreement relating to impounds for taxes and assessments shall, with respect to payment of such taxes and assessments, be deemed compliance with this Section 8.2. Borrower shall not suffer or permit the joint assessment of the a Project with any other real property constituting a separate tax lot or with any other real or personal property. Borrower shall pay when due all claims and demands of mechanics, materialmen, laborers and others which, if unpaid, would might result in a Lien on a Project. Notwithstanding the Project; howeverforegoing, Borrower may contest the validity of such taxes and charges and such claims and demands so long as (a1) Borrower notifies Lender that it intends to contest such claim or demand, (b2) Borrower provides Lender with an indemnity, bond or other security satisfactory to Lender (including an endorsement to Lender's title insurance policy insuring against such claim or demand) assuring the discharge of Borrower's obligations for such claims and demands, including interest and penalties, and (c3) Borrower is diligently contesting the same by appropriate legal proceedings in good faith and at its own expense and concludes such contest prior to the tenth (10th) day preceding the earlier to occur of the Maturity Date or the date on which the a Project is scheduled to be sold for non-payment.

Appears in 1 contract

Samples: Loan Agreement (American Retirement Corp)

Taxes; Charges. Borrower Grantor shall pay before any finefines, penalty, interest or cost may be added thereto, and shall not enter into any agreement to defer, any real estate taxes and assessments, franchise taxes and charges, and other governmental charges that may become a Lien (as defined in Section 3.22) upon the Project Mortgaged Property or become payable during the term of the LoanFinancing, and will promptly furnish Lender Agent with evidence of such payment; however, BorrowerGrantor's compliance with Section 3.4 3.10 of this Agreement relating to impounds for taxes and assessments shall, with respect to payment of such taxes and assessments, be deemed compliance with this Section 8.23.15. Borrower Grantor shall not suffer or permit the joint assessment of the Project Mortgaged Property with any other real property constituting a separate tax lot or with any other real or personal property. Borrower Grantor shall pay when due all claims and demands of mechanics, materialmen, laborers and others which, if unpaid, would might result in a Lien on the ProjectMortgaged Property; however, Borrower Grantor may contest the validity of such claims and demands so long as (a1) Borrower Grantor notifies Lender Agent that it intends to contest such claim or demand, (b2) Borrower Grantor provides Lender Agent with an indemnity, bond or other security satisfactory to Lender Agent (including an endorsement to LenderBeneficiary's title insurance policy insuring against such claim or demand) assuring the discharge of BorrowerGrantor's obligations for such claims and demands, including interest and penalties, and (c3) Borrower Grantor is diligently contesting the same by appropriate legal proceedings in good faith and at its own expense and concludes such contest prior to the tenth (10th) day preceding the earlier to occur of the Maturity Date earliest maturity date of any of the Financing, or the date on which the Project Mortgaged Property is scheduled to be sold for non-payment.

Appears in 1 contract

Samples: , and Security Agreement (Otr Express Inc/Ks)

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Taxes; Charges. Borrower shall pay before any fine, penalty, interest or cost may be added thereto, and shall not enter into any agreement to defer, any real estate taxes and assessments, franchise taxes and charges, and other governmental charges that may become a Lien upon the a Project or become payable during the term of the Loan, and will promptly furnish Lender with evidence of such payment; however, Borrower's compliance with Section 3.4 of this Agreement relating to impounds for taxes and assessments shall, with respect to payment of such taxes and assessments, be deemed compliance with this Section 8.2. Borrower shall not suffer or permit the joint assessment of the a Project with any other real property constituting a separate tax lot or with any other real or personal property. Borrower shall pay when due all claims and demands of mechanics, materialmen, laborers and others which, if unpaid, would might result in a Lien on the a Project; however, Borrower may contest the validity of such claims and demands so long as (a) Borrower notifies Lender that it intends to contest such claim or demand, (b) Borrower provides Lender with an indemnity, bond or other security satisfactory to Lender (including an endorsement to Lender's title insurance policy insuring against such claim or demand) assuring the discharge of Borrower's obligations for such claims and demands, including interest and penalties, and (c) Borrower is diligently contesting the same by appropriate legal proceedings in good faith and at its own expense and concludes such contest prior to the tenth (10th) day preceding the earlier to occur of the Maturity Date or the date on which the a Project is scheduled to be sold for non-payment.

Appears in 1 contract

Samples: Loan Agreement (American Retirement Corp)

Taxes; Charges. Borrower shall pay before any fine, penalty, interest or cost may be added thereto, and shall not enter into any agreement to defer, any real estate taxes and assessments, franchise taxes and charges, and other governmental charges that may become a Lien upon the Project or become payable during the term of the LoanLoans, and will promptly furnish Lender with evidence of such payment; however, Borrower's ’s compliance with Section 3.4 of this Agreement relating to impounds for taxes and assessments shall, with respect to payment of such taxes and assessments, be deemed compliance with this Section 8.2. Borrower shall not suffer or permit the joint assessment of the Project with any other real property constituting a separate tax lot or with any other real or personal property. Borrower shall pay when due all claims and demands of mechanics, materialmen, laborers and others which, if unpaid, would might result in a Lien on the Project; however, Borrower may contest the validity of such claims and demands so long as (a1) Borrower notifies Lender that it intends to contest such claim or demand, (b2) Borrower provides Lender with an indemnity, bond or other security satisfactory to Lender (including an endorsement to Lender's ’s title insurance policy insuring against such claim or demand) assuring the discharge of Borrower's ’s obligations for such claims and demands, including interest and penalties, and (c3) Borrower is diligently contesting the same by appropriate legal proceedings in good faith and at its own expense and concludes such contest prior to the tenth (10th) day preceding the earlier to occur of the Maturity Date or the date on which the Project is scheduled to be sold for non-paymentnon‑payment.

Appears in 1 contract

Samples: Mortgage Modification Agreement (Acadia Realty Trust)

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