Common use of Taxes, Liens and Claims, Utilities Clause in Contracts

Taxes, Liens and Claims, Utilities. Borrower, at least five (5) days before any penalty attaches thereto, shall pay and discharge, or cause to be paid and discharged, all taxes, assessments and governmental charges and levies (collectively "Impositions") imposed upon or against the Mortgaged Property or the Rents, or upon or against the Obligations, or upon or against the interest of Lender in the Mortgaged Property or the Obligations, except Impositions measured by the income of Lender. Borrower shall provide evidence of such payment at Lender's request. Borrower shall keep the Mortgaged Property free and clear of all liens, encumbrances, easements, covenants, conditions, restrictions and reservations (collectively "Liens") except those listed on Exhibit A attached hereto (the "Permitted Encumbrances"). Borrower shall pay or cause to be paid when due all charges or fees for utilities and services supplied to the Mortgaged Property. Notwithstanding anything to the contrary contained in this Section, Borrower shall not be required to pay or discharge any Imposition or Lien so long as Borrower shall in good faith, and after giving notice to Lender, contest the same by appropriate legal proceedings. If Borrower contests any Imposition or Lien against the Mortgaged Property, Borrower shall provide such security to Lender as Lender shall reasonably require against loss or impairment of Borrower's ownership of or Lender's lien on the Mortgaged Property and shall in any event pay such Imposition or Lien before loss or impairment occurs.

Appears in 4 contracts

Samples: Reuter Manufacturing Inc, Wsi Industries Inc, Reuter Manufacturing Inc

AutoNDA by SimpleDocs

Taxes, Liens and Claims, Utilities. Borrower, at least five (5) days before any penalty attaches thereto, Mortgagor shall pay and dischargedischarge when due, or cause to be paid and dischargeddischarged when due, all taxes, assessments and governmental charges and levies (collectively "Impositions") imposed upon or against the Mortgaged Property or the Rents, or upon or against the Obligations, or upon or against the interest of Lender Mortgagee in the Mortgaged Property or the Obligations, except Impositions measured by the income of LenderMortgagee. Borrower Mortgagor shall provide evidence of such payment at Lender's Mortgagee’s request. Borrower Mortgagor shall keep the Mortgaged Property free and clear of all liens (including, but not limited to, mechanics’ liens), encumbrances, easements, covenants, conditions, restrictions and reservations (collectively "Liens") except those listed on set forth in Exhibit A B attached hereto and made a part hereof (the "Permitted Encumbrances"). Borrower Mortgagor shall pay or cause to be paid when due all charges or fees for utilities and services supplied to the Mortgaged Property. Notwithstanding anything to the contrary contained in this Section, Borrower Mortgagor shall not be required to pay or discharge any Imposition or Lien other than a mechanics’ lien so long as Borrower Mortgagor shall in good faith, and after giving notice to LenderMortgagee, contest the same by appropriate legal proceedings. If Borrower Mortgagor contests any Imposition or Lien against the Mortgaged Property, Borrower Mortgagor shall provide such security to Lender Mortgagee as Lender Mortgagee shall reasonably require against loss or impairment of Borrower's Mortgagor’s ownership of or Lender's Mortgagee’s lien on the Mortgaged Property and shall in any event pay such Imposition or Lien before loss or impairment occurs.

Appears in 4 contracts

Samples: Fixture Financing Statement (Highwater Ethanol LLC), Mortgage, Security Agreement (Highwater Ethanol LLC), Cardinal Ethanol LLC

Taxes, Liens and Claims, Utilities. Borrower, at least five (5) days before any penalty attaches thereto, Mortgagor shall pay and dischargedischarge when due, or cause to be paid and dischargeddischarged when due, all taxes, assessments and governmental charges and levies (collectively "Impositions") imposed upon or against the Mortgaged Property or the Rents, or upon or against the Obligations, or upon or against the interest of Lender Mortgagee in the Mortgaged Property or the Obligations, except Impositions measured by the income of LenderMortgagee. Borrower Mortgagor shall provide evidence of such payment at Lender's Mortgagee’s request. Borrower Mortgagor shall keep the Mortgaged Property free and clear of all liens (including, but not limited to, mechanics’ liens), encumbrances, easements, covenants, conditions, restrictions and reservations (collectively "Liens"’”) except those listed on set forth in Exhibit A B attached hereto and made a part hereof (the "Permitted Encumbrances"). Borrower Mortgagor shall pay or cause to be paid when due all charges or fees for utilities and services supplied to the Mortgaged Property. Notwithstanding anything to the contrary contained in this Section, Borrower Mortgagor shall not be required to pay or discharge any Imposition or Lien other than a mechanics’ lien so long as Borrower Mortgagor shall in good faith, and after giving notice to LenderMortgagee, contest the same by appropriate legal proceedings. If Borrower Mortgagor contests any Imposition or Lien against the Mortgaged Property, Borrower Mortgagor shall provide such security to Lender Mortgagee as Lender Mortgagee shall reasonably require against loss or impairment of Borrower's Mortgagor’s ownership of or Lender's Mortgagee’s lien on the Mortgaged Property and shall in any event pay such Imposition or Lien before loss or impairment occurs.. Section 1.6

Appears in 1 contract

Samples: Cardinal Ethanol LLC

Taxes, Liens and Claims, Utilities. Borrower, at least five (5) days before any penalty attaches thereto, Mortgagor shall pay and dischargedischarge when due, or cause to be paid and dischargeddischarged when due, all taxes, assessments and governmental charges and levies (collectively "Impositions") imposed upon or against the Mortgaged Property or the Rents, or upon or against the Obligations, or upon or against the interest of Lender Mortgagee in the Mortgaged Property or the Obligations, except Impositions measured by the income of LenderMortgagee. Borrower Mortgagor shall provide evidence of such payment at LenderMortgagee's request. Borrower Mortgagor shall keep the Mortgaged Property free and clear of all liens (including, but not limited to, mechanics' liens), encumbrances, easements, covenants, conditions, restrictions and reservations (collectively "Liens") except those listed on set forth in Exhibit A B attached hereto and made a part hereof (the "Permitted Encumbrances"). Borrower Mortgagor shall pay or cause to be paid when due all charges or fees for utilities and services supplied to the Mortgaged Property. Notwithstanding anything to the contrary contained in this Section, Borrower Mortgagor shall not be required to pay or discharge any Imposition or Lien other than a mechanics' lien so long as Borrower Mortgagor shall in good faith, and after giving notice to LenderMortgagee, contest the same by appropriate legal proceedings. If Borrower Mortgagor contests any Imposition or Lien against the Mortgaged Property, Borrower Mortgagor shall provide such security to Lender Mortgagee as Lender Mortgagee shall reasonably require against loss or impairment of BorrowerXxxxxxxxx's ownership of or LenderMortgagee's lien on the Mortgaged Property and shall in any event pay such Imposition or Lien before loss or impairment occurs.

Appears in 1 contract

Samples: And Fixture Financing Statement (Cardinal Ethanol LLC)

Taxes, Liens and Claims, Utilities. Borrower, at least five (5) days before any penalty attaches thereto, Mortgagor shall pay and dischargedischarge when due, or cause to be paid and dischargeddischarged when due, all taxes, assessments and governmental charges and levies (collectively "Impositions") imposed upon or against the Mortgaged Property or the Rents, or upon or against the Loan Obligations, or upon or against the interest of Lender Mortgagee in the Mortgaged Property or the Loan Obligations, except Impositions measured by the income of LenderMortgagee. Borrower Mortgagor shall provide evidence of such payment at Lender's Mortgagee’s request. Borrower Mortgagor shall keep the Mortgaged Property free and clear of all liens (including, but not limited to, mechanics’ liens), encumbrances, easements, covenants, conditions, restrictions and reservations (collectively "Liens"“Encumbrances”) except those listed on set forth in Exhibit A B attached hereto and made a part hereof (the "Permitted Encumbrances"). Borrower Mortgagor shall pay or cause to be paid when due all charges or fees for utilities and services supplied to the Mortgaged Property. Notwithstanding anything to the contrary contained in this Section, Borrower Mortgagor shall not be required to pay or discharge any Imposition or Lien Encumbrance so long as Borrower Mortgagor shall in good faith, and after giving notice to LenderMortgagee, contest the same by appropriate legal proceedingsproceedings and otherwise in accordance with the requirements set forth in the Loan Agreement. If Borrower Mortgagor contests any Imposition or Lien Encumbrance against the Mortgaged Property, Borrower Mortgagor shall provide such security to Lender Mortgagee as Lender Mortgagee shall reasonably require against loss or impairment of Borrower's Mortgagor’s ownership of or Lender's Mortgagee’s lien on the Mortgaged Property and shall in any event pay such Imposition or Lien Encumbrance before loss or impairment occurs.

Appears in 1 contract

Samples: And Fixture Filing (Green Plains Renewable Energy, Inc.)

Taxes, Liens and Claims, Utilities. Borrower, at least five (5) days before any penalty attaches thereto, Mortgagor shall pay and dischargedischarge when due, or cause to be paid and dischargeddischarged when due, all taxes, assessments and governmental charges and levies (collectively "collectively, “Impositions") imposed upon or against the Mortgaged Property or the RentsRents (as hereinafter defined), or upon or against the Loan Obligations, or upon or against the interest of Lender Mortgagee in the Mortgaged Property or the Loan Obligations, except Impositions measured by the income of LenderMortgagee. Borrower Mortgagor shall provide evidence of such payment at Lender's Mortgagee’s request. Borrower Mortgagor shall keep the Mortgaged Property free and clear of all liens (including, but not limited to, mechanics’ liens), encumbrances, easements, covenants, conditions, restrictions and reservations (collectively "Liens"collectively, “Encumbrances”) except those listed on set forth in Exhibit A B attached hereto and made a part hereof (the "Permitted Encumbrances"Encumbrances “). Borrower Mortgagor shall pay or cause to be paid when due all charges or fees for utilities and services supplied to the Mortgaged Property. Notwithstanding anything to the contrary contained in this Section, Borrower Mortgagor shall not be required to pay or discharge any Imposition or Lien Encumbrance so long as Borrower Mortgagor shall in good faith, and after giving notice to LenderMortgagee, contest the same by appropriate legal proceedingsproceedings and otherwise in accordance with the requirements set forth in the Loan Agreement. If Borrower Mortgagor contests any Imposition or Lien Encumbrance against the Mortgaged Property, Borrower Mortgagor shall provide such security to Lender Mortgagee as Lender Mortgagee shall reasonably require against loss or impairment of Borrower's Mortgagor’s ownership of or Lender's Mortgagee’s lien on the Mortgaged Property and shall in any event pay such Imposition or Lien Encumbrance before loss or impairment occurs.

Appears in 1 contract

Samples: Security Agreement (Green Plains Renewable Energy, Inc.)

AutoNDA by SimpleDocs

Taxes, Liens and Claims, Utilities. Except as otherwise provided in the Loan Agreement, Borrower, at least five give (5) days before any penalty attaches thereto, shall pay and discharge, or cause to be paid and discharged, all taxes, assessments and governmental charges and levies (collectively "Impositions") imposed upon or against the Mortgaged Property or the Rents, or upon or against the Obligations, or upon or against the interest of Lender in the Mortgaged Property or the Obligations, except Impositions measured by the income of Lender. Borrower shall provide evidence of such payment at LenderXxxxxx's request. Except as otherwise provided in the Loan Agreement, Borrower shall keep the Mortgaged Property free and clear of all liens, encumbrances, easements, covenants, conditions, restrictions and reservations (collectively "Liens") except those listed on Exhibit A attached hereto (the "Permitted Encumbrances"). Borrower shall pay or cause to be paid when due all charges or fees for utilities and services supplied to the Mortgaged Property. Notwithstanding anything to the contrary contained in this Section, Borrower shall not be required to pay or discharge any Imposition or Lien so long as Borrower shall in good faith, and after giving notice to Lender, contest the same by appropriate legal proceedings. If Borrower contests any Imposition or Lien against the Mortgaged Property, Borrower shall provide such security to Lender as Lender shall reasonably require against loss or impairment of Borrower's ownership of or Lender's lien on the Mortgaged Property and shall in any event pay such Imposition or Lien before loss or impairment occurs.

Appears in 1 contract

Samples: Security Agreement (Whetstone Ethanol LLC)

Taxes, Liens and Claims, Utilities. Except as otherwise provided in the Loan Agreement, Borrower, at least five (5) days before any penalty attaches thereto, shall pay and discharge, or cause to be paid and discharged, all taxes, assessments and governmental charges and levies (collectively "Impositions") imposed upon or against the Mortgaged Property or the Rents, or upon or against the Obligations, or upon or against the interest of Lender in the Mortgaged Property or the Obligations, except Impositions measured by the income of Lender. Borrower shall provide evidence of such payment at Lender's ’s request. Except as otherwise provided in the Loan Agreement, Borrower shall keep the Mortgaged Property free and clear of all liens, encumbrances, easements, covenants, conditions, restrictions and reservations (collectively "Liens") except those of the Prior Mortgages and those listed on Exhibit A attached hereto (the "Permitted Encumbrances"). Borrower shall pay or cause to be paid when due all charges or fees for utilities and services supplied to the Mortgaged Property. Notwithstanding anything to the contrary contained in this Section, Borrower shall not be required to pay or discharge any Imposition or Lien so long as Borrower shall in good faith, and after giving notice to Lender, contest the same by appropriate legal proceedings. If Borrower contests any Imposition or Lien against the Mortgaged Property, Borrower shall provide such security to Lender as Lender shall reasonably require against loss or impairment of Borrower's ’s ownership of or Lender's ’s lien on the Mortgaged Property and shall in any event pay such Imposition or Lien before loss or impairment occurs.

Appears in 1 contract

Samples: And Fixture Financing Statement (Northern Growers LLC)

Taxes, Liens and Claims, Utilities. Borrower, at least five (5) days before any penalty attaches thereto, shall pay and discharge, or cause to be paid and discharged, all taxes, installments of assessments and governmental charges and levies (collectively "Impositions") imposed upon or against the Mortgaged Property or the Rents, or upon or against the Obligations, or upon or against the interest of Lender in the Mortgaged Property or the Obligations, except Impositions measured by the income of Lender. Borrower shall provide evidence of such payment at Lender's ’s request. Borrower shall keep the Mortgaged Property free and clear of all liens, encumbrances, easements, covenants, conditions, restrictions and reservations (collectively "Liens") except those listed on Exhibit A attached hereto (the "Permitted Encumbrances"). Borrower shall pay or cause to be paid when due all charges or fees for utilities and services supplied to the Mortgaged Property. Notwithstanding anything to the contrary contained in this Section, Borrower shall not be required to pay or discharge any Imposition or Lien so long as Borrower shall in good faith, and after giving notice to Lender, contest contests the same by appropriate legal proceedings. If Borrower contests As a condition to any Imposition or Lien against the Mortgaged Propertysuch contest, Borrower shall provide such security to Lender as Lender shall reasonably require against loss or impairment of Borrower's ’s ownership of or Lender's ’s lien on the Mortgaged Property and shall in any event pay such Imposition or Lien before loss or impairment occurs. In the event Lender determines that loss or impairment may occur, Borrower shall, within ten (10) days after notice from Lender, pay such Imposition or Lien in full. In the event Borrower fails to pay such Imposition or Lien in full within such ten (10) day period or upon completion of such contest, Lender may apply the security provided to Lender by Borrower under this Section to pay such Imposition or Lien.

Appears in 1 contract

Samples: Mortgage, Security Agreement (Lifecore Biomedical Inc)

Time is Money Join Law Insider Premium to draft better contracts faster.