Common use of Taxes, Liens and Other Charges Clause in Contracts

Taxes, Liens and Other Charges. (a) Unless otherwise deposited with Lender as provided in Section 2.05, Borrower shall pay all real estate and other taxes, assessments, water and sewer charges, and other licenses or permit fees, and all liens, fines, penalties and interest thereon, and other similar public and private claims which may be payable, assessed, levied, imposed upon or become a lien on or against any portion of the Property (all of the foregoing items are collectively referred to as the "Imposition(s)"). The Impositions shall be paid not later than thirty (30) days before the dates on which the particular Imposition would become delinquent and Borrower shall produce to Lender receipts of the imposing authority, or other evidence reasonably satisfactory to Lender, evidencing the payment of the Imposition in full. If Borrower elects by appropriate legal action to contest any Imposition, Borrower shall first deposit cash with Lender as a reserve in an amount which Lender determines is sufficient to pay the Imposition plus all fines, interest, penalties and costs which may become due pending the determination of the contest. If Borrower deposits this sum with Lender, Borrower shall not be required to pay the Imposition provided that the contest operates to prevent enforcement or collection of the Imposition, or the sale or forfeiture of, the Property, and is prosecuted with due diligence and continuity. Upon termination of any proceeding or contest, Borrower shall pay the amount of the Imposition as finally determined in the proceeding or contest. Provided that there is not then an Event of Default (as defined in Section 11.01), the monies which have been deposited with Lender pursuant to this Section shall be applied toward such payment and the excess, if any, shall be returned to Borrower.

Taxes, Liens and Other Charges. (a) Unless otherwise deposited with Lender as provided in Section 2.05, Borrower shall pay all real estate and other taxes, assessments, water and sewer charges, and other licenses or permit fees, and all liens, fines, penalties and interest thereon, and other similar public and private claims which may be payable, assessed, levied, imposed upon or become a lien on or against any portion of the Property (all of the foregoing items are collectively referred to as the "“Imposition(s)"”). The Impositions shall be paid not later than thirty (30) days before the dates on which the particular Imposition would become delinquent and Borrower shall produce to Lender receipts of the imposing authority, or other evidence reasonably satisfactory to Lender, evidencing the payment of the Imposition in full. If Borrower elects by appropriate legal action to contest any Imposition, Borrower shall first deposit cash with Lender as a reserve in an amount which Lender determines is sufficient to pay the Imposition plus all fines, interest, penalties and costs which may become due pending the determination of the contest. If Borrower deposits this sum with Lender, Borrower shall not be required to pay the Imposition provided that the contest operates to prevent enforcement or collection of the Imposition, or the sale or forfeiture of, the Property, and is prosecuted with due diligence and continuity. Upon termination of any proceeding or contest, Borrower shall pay the amount of the Imposition as finally determined in the proceeding or contest. Provided that there is not then an Event of Default (as defined in Section 11.01), the monies which have been deposited with Lender pursuant to this Section shall be applied toward such payment and the excess, if any, shall be returned to Borrower.

Taxes, Liens and Other Charges. (a) Unless otherwise deposited with Lender as provided in Section 2.05, Borrower Mortgagor shall pay all real estate and other taxes, assessments, water taxes and sewer charges, and other licenses or permit fees, and all liens, fines, penalties and interest thereon, and other similar public and private claims assessments which may be payable, assessed, levied, imposed upon or become a lien on or against any portion of the Mortgaged Property (all of the foregoing items are collectively referred to as the "“Imposition(s)"”). The Impositions shall be paid not later than thirty five (305) days before the dates on which the particular Imposition would become delinquent and Borrower Mortgagor shall produce to Lender Administrative Agent receipts of the imposing authority, or other evidence reasonably satisfactory to LenderAdministrative Agent, evidencing the payment of the Imposition in full. If Borrower Mortgagor elects by appropriate legal action to contest in the routine, normal course of its business operations any Imposition, Borrower and such contest is conducted in accordance with the requirements of local laws and regulations, Mortgagor shall first not be required to deposit any cash with Lender Administrative Agent, however, if any such contest is not undertaken in accordance with the foregoing, Mortgagor shall, upon Administrative Agent’s request, deposit with Administrative Agent cash as a reserve in an interest bearing account in an amount which Lender Administrative Agent determines is sufficient to pay the Imposition plus all fines, interest, penalties and costs which may become due pending the determination of the contestcontest (or in lieu of cash, Mortgagor may deposit with Administrative Agent a letter of credit in form and substance satisfactory to Administrative Agent). If Borrower Mortgagor deposits this sum with LenderAdministrative Agent, Borrower Mortgagor shall not be required to pay the Imposition provided that the contest operates to prevent enforcement or collection of the Imposition, or the sale or forfeiture of, the Mortgaged Property, and is prosecuted with due diligence and continuity. Upon termination of any proceeding or contest, Borrower Mortgagor shall pay the amount of the Imposition as finally determined in the proceeding or contest. Provided that there is not then an Event of Default (as defined in Section 11.01herein), the monies which have been deposited with Lender Administrative Agent pursuant to this Section shall be applied toward such payment and the excess, if any, shall be returned to BorrowerMortgagor.

Taxes, Liens and Other Charges. (a) Unless otherwise deposited with Lender as provided in Section 2.05, Borrower shall pay pay, on or before the delinquency date thereof, all real estate and other taxes, assessmentslevies, water and sewer charges, and other licenses or permit license fees, permit fees and all liensother charges (in each case whether general or special, finesordinary or extraordinary, or foreseen or unforeseen) of every character whatsoever (including all penalties and interest thereon) now or hereafter levied, and other similar public and private claims assessed, confirmed or imposed on, or in respect of, or which may be payablealien upon the Collateral, assessedor any part thereof, leviedor any estate, imposed right or interest therein, or upon the rents, issues, income or become a lien on or against any portion profits thereof, and shall submit to Lender upon Lender's reasonable request such evidence of the Property (due and punctual payment of all of such taxes, assessments and other fees and charges as may be required by law. Borrower shall have the foregoing items are collectively referred to as the "Imposition(s)"). The Impositions shall be paid not later than thirty (30) days right before the dates on which the particular Imposition would they become delinquent and Borrower shall produce to Lender receipts contest or object to the amount or validity of the imposing authorityany such tax, assessment, fee or other evidence reasonably satisfactory to Lender, evidencing the payment of the Imposition in full. If Borrower elects charge by appropriate legal action proceedings, but this shall not be deemed or construed in any way as relieving, modifying or extending Borrower's covenant to pay any such tax, assessment, fee or charge at the time and in the manner provided herein, unless Borrower has given prior written notice to Lender of Borrower's intent to so contest any Impositionor object, and unless (i) Borrower shall first deposit cash with Lender as a reserve in an amount which Lender determines is sufficient demonstrate to pay Lender's satisfaction that the Imposition plus all fineslegal proceedings shall conclusively operate to prevent the sale of the Collateral, interestor any part thereof, penalties and costs which may become due pending the to satisfy such tax, assessment, fee or charge prior to final determination of such proceedings and shall not have a material adverse effect on the operation of the Facility during the pendency of such contest. If Borrower deposits this sum with ; and (ii) if required by Lender, Borrower shall not be required furnish a good and sufficient bond or surety as requested by and satisfactory to Lender in an amount sufficient to fully pay the Imposition provided that the contest operates to prevent enforcement or collection of the Impositioncontested amount, or the sale or forfeiture ofwith penalties, the Property, interest and is prosecuted with due diligence other charges if Borrower should be unsuccessful in such contest; and continuity. Upon termination of any proceeding or contest, (iii) Borrower shall pay the amount of the Imposition as finally determined in the proceeding or diligently pursue such contest. Provided that there is not then an Event of Default (as defined in Section 11.01), the monies which have been deposited with Lender pursuant to this Section shall be applied toward such payment and the excess, if any, shall be returned to Borrower.

Taxes, Liens and Other Charges. (a) Unless otherwise deposited with Lender paid to Grantee as provided in Section 2.05, Borrower Grantor shall pay all real estate and other taxes, assessments, water and sewer charges, vault and other licenses license or permit fees, and all liens, fines, penalties and interest thereonpenalties, interest, and other similar public and private claims and assessments which may be payable, assessed, levied, imposed upon or become a lien on or against any portion of the Property (all of the foregoing items are collectively referred to as the "Imposition(s)"). The Impositions shall be paid not later than thirty seven (307) days before the dates on which the particular Imposition would become delinquent and Borrower Grantor shall produce to Lender Grantee receipts of the imposing authority, or other evidence reasonably satisfactory to LenderGrantee, evidencing the payment of the Imposition in full. If Borrower Grantor elects by appropriate legal action to contest any ImpositionImposition and has not paid the Imposition prior to initiation of the contest, Borrower Grantor shall first deposit cash with Lender Grantee as a reserve in an amount which Lender Grantee reasonably determines is sufficient to pay the Imposition plus all fines, interest, penalties and costs which may become due pending the determination of the contest. If Borrower Grantor deposits this sum with LenderGrantee, Borrower Grantor shall not be required to pay the Imposition provided that the contest operates to prevent enforcement or collection of the Imposition, or the sale or forfeiture of, the Property, and is prosecuted with due diligence and continuity. Upon termination of any proceeding or contest, Borrower Grantor shall pay the amount of the Imposition as finally determined in the proceeding or contest. Provided that there is not then an Event of Default (as defined in Section 11.0111.01 hereof), the monies which have been deposited with Lender Grantee pursuant to this Section shall be applied toward such payment and the excess, if any, shall be returned to BorrowerGrantor.

Taxes, Liens and Other Charges. (a) Unless otherwise deposited with paid to Lender as provided in Section 2.052.05 hereof, Borrower shall pay (or shall cause to be paid) all real estate and other taxes, assessments, water taxes and sewer charges, and other licenses or permit fees, and all liens, fines, penalties and interest thereon, and other similar public and private claims assessments which may be payable, assessed, levied, imposed upon or become a lien on or against any portion of the Property (all of the foregoing items are collectively referred to as the "“Imposition(s)"”). The Impositions shall be paid not later than thirty (30) days before the dates on which the particular Imposition would become delinquent and Borrower shall produce to Lender receipts of the imposing authority, or other evidence reasonably satisfactory to Lender, evidencing the payment of the Imposition in full, except with regards to Impositions paid by Lender pursuant to Section 2.05 hereof. If Borrower elects by appropriate legal action to contest any Imposition, Borrower shall first deposit cash with Lender as a reserve in an amount which Lender determines is sufficient to pay the Imposition plus all fines, interest, penalties and costs which may become due pending the determination of the contest. If Borrower deposits this sum with Lender, Borrower shall not be required to pay the Imposition provided that the contest operates to prevent enforcement or collection of the Imposition, or the sale or forfeiture of, the Property, and is prosecuted with due diligence and continuity. Upon termination of any proceeding or contest, Borrower shall pay the amount of the Imposition as finally determined in the proceeding or contest. Provided In addition, Borrower covenants and agrees to pay (or cause to be paid) all water and sewer charges, vault and other license or permit fees, liens, fines, penalties, interest and other similar public and private claims which may be payable, assessed, levied, imposed upon or become a lien on or against any portion of the Property (“Other Charges”) on or before the date such charges, fees, liens, fines, penalties, interest and claims become delinquent and upon the request of Lender, Borrower shall produce to Lender receipts of the imposing authority, or other evidence reasonably satisfactory to Lender, evidencing the payment of such amount in full. If Borrower elects by appropriate legal action to contest any Other Charges, Borrower shall not be required to pay such Other Charges provided that there is not then an Event the contest operates to prevent enforcement or collection of Default (as defined in Section 11.01)such Other Charges, or the sale or forfeiture of, the monies which have been deposited Property, and is prosecuted with Lender pursuant to this Section due diligence and continuity. Upon termination of any proceeding or contest, Borrower shall be applied toward such payment and pay the excess, if any, shall be returned to Borroweramount of the Other Charges as finally determined in the proceeding or contest.

Taxes, Liens and Other Charges. (a) Unless otherwise deposited with paid to Lender as provided in Section 2.052.5, Borrower and/or Operating Lessee as applicable shall pay all real estate and other taxes, assessments, water taxes and sewer charges, and other licenses or permit fees, and all liens, fines, penalties and interest thereon, and other similar public and private claims assessments which may be payable, assessed, levied, imposed upon or become a lien on or against any portion of the Property (all of the foregoing items are collectively referred to as the "“Imposition(s)"”). The Impositions shall be paid not later than thirty (30) days before the dates on which the particular Imposition would become delinquent and Borrower shall produce to Lender receipts of the imposing authority, or other evidence reasonably satisfactory to Lender, evidencing the payment of the Imposition in full. If Borrower and/or Operating Lessee as applicable elects by appropriate legal action to contest any Imposition, Borrower shall first deposit cash (or other security approved by Lender such as a bond or letter of credit) with Lender as a reserve in an amount which Lender determines is sufficient to pay the Imposition plus all fines, interest, penalties and costs which may become due pending the determination of the contest. If Borrower deposits this sum or alternative security with Lender, Borrower shall not be required to pay the Imposition provided that the contest operates to prevent enforcement or collection of the Imposition, or the sale or forfeiture of, the Property, and is prosecuted with due diligence and continuity. Upon termination of any proceeding or contestcontest and any appeal thereof, Borrower shall pay the amount of the Imposition as finally determined in the proceeding or contest. Provided that there is not then an Event of Default (as defined in Section 11.0111.1), the monies or alternative security which have been deposited with Lender pursuant to this Section shall be applied toward such payment and the excess, if any, shall be returned to Borrower.

Taxes, Liens and Other Charges. Borrower shall pay, on or before the final due date thereof, all (a) Unless otherwise deposited with Lender as provided in Section 2.05, Borrower shall pay all real estate and other taxes, assessments, water and sewer other charges of every character whatsoever now or hereafter levied on, assessed, placed or made against the Secured Obligations, the Premises, this Mortgage, or any other Loan Document, or any interest of Lender in the Secured Obligations, the Premises or the Note Documents (collectively, the "Impositions"); (b) premiums on policies of insurance now or hereafter covering the Premises, and any and all other insurance policies now or hereafter collaterally pledged to Lender; (c) ground rentals or other lease rentals, if any, payable by Borrower; (d) utility charges, whether public or private; and other licenses or permit fees, and all liens, fines, (e) penalties and interest thereonon any of the foregoing. Borrower will promptly pay any tax arising out of the passage of any law, order, rule or regulation, subsequent to the date hereof, in any manner changing or modifying the laws now in force governing the taxation of deeds to secure debt or security agreements, or debts secured thereby, or the manner of collection thereof. Borrower shall promptly deliver to Lender upon demand receipts showing timely payment in full of all of the above items. Borrower may, to the extent and other similar public in the manner permitted by law, (i) pay the Impositions in installments if such installment payment would not create or permit the filing of a lien against the Premises and private claims (ii) contest the payment of any Impositions in good faith and by appropriate proceedings on the following conditions: (A) any such contests shall be prosecuted diligently and in a manner not prejudicial to the rights, liens and security title of Lender, (B) Borrower shall deposit funds with Lender or obtain a bond in form and substance and with an issuing company satisfactory to Lender in an amount sufficient to cover any amounts which may be payableowing in the event the contest may be unsuccessful, assessed(C) no contest may be conducted and no payment may be delayed beyond the date on which the Premises, levied, imposed upon or become a lien on or against any portion of thereof, could be sold for nonpayment and (D) Lender may pay over to the Property (taxing authority entitled thereto any or all of the foregoing items are collectively referred funds at any time when, in the opinion of Lender's counsel, the entitlement of such authority to as such funds is established. Furthermore, if any mechanic's or materialmen's claim of lien or any involuntary lien is filed against the "Imposition(s)"). The Impositions shall be paid not later than Premises, Borrower will have thirty (30) days before from the dates on which the particular Imposition would become delinquent and Borrower shall produce to Lender receipts date of the imposing authorityfiling of such lien to discharge the claim or lien of record by payment, deposit in court or bond, or other evidence reasonably satisfactory to Lenderotherwise contest such claim or lien, evidencing the payment provided any such action or contest will preclude enforcement of the Imposition in full. If Borrower elects by appropriate legal action to contest any Imposition, Borrower shall first deposit cash with Lender as a reserve in an amount which Lender determines is sufficient to pay the Imposition plus all fines, interest, penalties and costs which may become due pending the determination of the contest. If Borrower deposits this sum with Lender, Borrower shall not be required to pay the Imposition provided that the contest operates to prevent enforcement such claim or collection of the Imposition, or the sale or forfeiture of, the Property, and is prosecuted with due diligence and continuity. Upon termination of any proceeding or contest, Borrower shall pay the amount of the Imposition as finally determined in the proceeding or contest. Provided that there is not then an Event of Default (as defined in Section 11.01), the monies which have been deposited with Lender pursuant to this Section shall be applied toward such payment and the excess, if any, shall be returned to Borrowerlien.

Taxes, Liens and Other Charges. (a) Unless otherwise deposited with Lender paid to Beneficiary as provided in Section 2.052.5, Borrower Trustor shall pay all real estate and other taxes, assessments, water taxes and sewer charges, and other licenses or permit fees, and all liens, fines, penalties and interest thereon, and other similar public and private claims assessments which may be payable, assessed, levied, imposed upon or become a lien on or against any portion of the Property (all of the foregoing items are collectively referred to as the "Imposition(s)"). The Impositions shall be paid not later than thirty ten (3010) days before the dates on which the particular Imposition would become delinquent and Borrower Trustor shall produce to Lender Beneficiary receipts of the imposing authority, or other evidence reasonably satisfactory to LenderBeneficiary, evidencing the payment of the Imposition in full. If Borrower Trustor elects by appropriate legal action to contest any Imposition, Borrower Trustor shall first deposit cash with Lender Beneficiary as a reserve in an amount which Lender Beneficiary determines is sufficient to pay the Imposition plus all fines, interest, penalties and costs which may become due pending the determination of the contest. If Borrower Trustor deposits this sum with LenderBeneficiary, Borrower Trustor shall not be required to pay the Imposition provided that the contest operates to prevent enforcement or collection of the Imposition, or the sale or forfeiture of, the Property, and is prosecuted with due diligence and continuity. Upon termination of any proceeding or contest, Borrower Trustor shall pay the amount of the Imposition as finally determined in the proceeding or contest. Provided that there is not then an Event of Default (as defined in Section 11.0111.1), the monies which have been deposited with Lender Beneficiary pursuant to this Section shall be applied toward such payment and the excess, if any, shall be returned to BorrowerTrustor.

Taxes, Liens and Other Charges. (a) Unless otherwise deposited with Lender paid to Mortgagee as provided in Section 2.052.05 hereof, Borrower Mortgagor shall pay (or shall cause to be paid) all real estate estate, other taxes and other taxes, assessments, water and sewer charges, and other licenses or permit fees, and all liens, fines, penalties and interest thereon, and other similar public and private claims assessments which may be payable, assessed, levied, imposed upon or become a lien on or against any portion of the Property (all of the foregoing items are collectively referred to as the "“Imposition(s)"”). The Impositions shall be paid not later than thirty (30) days before the dates on which the particular Imposition would become delinquent and Borrower Mortgagor shall produce to Lender Mortgagee receipts of the imposing authority, or other evidence reasonably satisfactory to LenderMortgagee, evidencing the payment of the Imposition in full. If Borrower Mortgagor elects by appropriate legal action to contest any Imposition, Borrower shall first deposit cash with Lender as a reserve in an amount which Lender determines is sufficient to pay the Imposition plus all fines, interest, penalties and costs which may become due pending the determination of the contest. If Borrower deposits this sum with Lender, Borrower Mortgagor shall not be required to pay the Imposition provided that the contest operates to prevent enforcement or collection of the Imposition, or the sale or forfeiture of, the Property, and is prosecuted with due diligence and continuity. Upon termination of any proceeding or contest, Borrower Mortgagor shall pay the amount of the Imposition as finally determined in the proceeding or contest. Provided that there is not then In addition, Mortgagor covenants and agrees to pay (or cause to be paid) all water and sewer charges, vault and other license or permit fees, liens, fines, penalties, interest and other similar public and private claims which may be payable, assessed, levied, imposed upon or become a lien on or against any portion of the Property on or before the date such charges, fees, liens, fines, penalties, interest and claims become delinquent and during the continuance of an Event of Default (as defined or a Lockbox Event, upon the request of Mortgagee, Mortgagor shall produce to Mortgagee receipts of the imposing authority, or other evidence reasonably satisfactory to Mortgagee, evidencing the payment of such amount in Section 11.01), the monies which have been deposited with Lender pursuant to this Section shall be applied toward such payment and the excess, if any, shall be returned to Borrowerfull.

Taxes, Liens and Other Charges. (a) Unless otherwise deposited with Lender paid to Mortgagee as provided in Section 2.052.05 hereof, Borrower Mortgagor shall pay (or shall cause to be paid) all real estate and other taxes, assessments, water taxes and sewer charges, and other licenses or permit fees, and all liens, fines, penalties and interest thereon, and other similar public and private claims assessments which may be payable, assessed, levied, imposed upon or become a lien on or against any portion of the Property (all of the foregoing items are collectively referred to as the "“Imposition(s)"”). The Impositions shall be paid not later than thirty (30) days before the dates on which the particular Imposition would become delinquent and Borrower Mortgagor shall produce to Lender Mortgagee receipts of the imposing authority, or other evidence reasonably satisfactory to LenderMortgagee, evidencing the payment of the Imposition in full, except with regards to Impositions paid by Mortgagee pursuant to Section 2.05 hereof. If Borrower Mortgagor elects by appropriate legal action to contest any Imposition, Borrower shall first deposit cash with Lender as a reserve in an amount which Lender determines is sufficient to pay the Imposition plus all fines, interest, penalties and costs which may become due pending the determination of the contest. If Borrower deposits this sum with Lender, Borrower Mortgagor shall not be required to pay the Imposition provided that the contest operates to prevent enforcement or collection of the Imposition, or the sale or forfeiture of, the Property, and is prosecuted with due diligence and continuity. Upon termination of any proceeding or contest, Borrower Mortgagor shall pay the amount of the Imposition as finally determined in the proceeding or contest. Provided In addition, Mortgagor covenants and agrees to pay (or cause to be paid) all water and sewer charges, vault and other license or permit fees, liens, fines, penalties, interest and other similar public and private claims which may be payable, assessed, levied, imposed upon or become a lien on or against any portion of the Property (“Other Charges”) on or before the date such charges, fees, liens, fines, penalties, interest and claims become delinquent and upon the request of Mortgagee, Mortgagor shall produce to Mortgagee receipts of the imposing authority, or other evidence reasonably satisfactory to Mortgagee, evidencing the payment of such amount in full. If Mortgagor elects by appropriate legal action to contest any Other Charges, Mortgagor shall not be required to pay such Other Charges provided that there is not then an Event the contest operates to prevent enforcement or collection of Default (as defined in Section 11.01)such Other Charges, or the sale or forfeiture of, the monies which have been deposited Property, and is prosecuted with Lender pursuant to this Section due diligence and continuity. Upon termination of any proceeding or contest, Mortgagor shall be applied toward such payment and pay the excess, if any, shall be returned to Borroweramount of the Other Charges as finally determined in the proceeding or contest.

Taxes, Liens and Other Charges. (a) Unless otherwise deposited with Lender paid to Beneficiary as provided in Section 2.052.5, Borrower Trustor and/or Operating Lessee as applicable shall pay all real estate and other taxes, assessments, water taxes and sewer charges, and other licenses or permit fees, and all liens, fines, penalties and interest thereon, and other similar public and private claims assessments which may be payable, assessed, levied, imposed upon or become a lien on or against any portion of the Property (all of the foregoing items are collectively referred to as the "“Imposition(s)"”). The Impositions shall be paid not later than thirty (30) days before the dates on which the particular Imposition would become delinquent and Borrower Trustor shall produce to Lender Beneficiary receipts of the imposing authority, or other evidence reasonably satisfactory to LenderBeneficiary, evidencing the payment of the Imposition in full. If Borrower Trustor and/or Operating Lessee as applicable elects by appropriate legal action to contest any Imposition, Borrower Trustor shall first deposit cash (or other security approved by Beneficiary such as a bond or letter of credit) with Lender Beneficiary as a reserve in an amount which Lender Beneficiary determines is sufficient to pay the Imposition plus all fines, interest, penalties and costs which may become due pending the determination of the contest. If Borrower Trustor deposits this sum or alternative security with LenderBeneficiary, Borrower Trustor shall not be required to pay the Imposition provided that the contest operates to prevent enforcement or collection of the Imposition, or the sale or forfeiture of, the Property, and is prosecuted with due diligence and continuity. Upon termination of any proceeding or contestcontest and any appeal thereof, Borrower Trustor shall pay the amount of the Imposition as finally determined in the proceeding or contest. Provided that there is not then an Event of Default (as defined in Section 11.0111.1), the monies or alternative security which have been deposited with Lender Beneficiary pursuant to this Section shall be applied toward such payment and the excess, if any, shall be returned to BorrowerTrustor.

Taxes, Liens and Other Charges. (a) Unless otherwise deposited with Lender paid to Mortgagee as provided in Section 2.052.05 hereof, Borrower Mortgagor shall pay all real estate and other taxes, assessments, water and sewer charges, vault and other licenses license or permit fees, and all liens, fines, penalties and interest thereonpenalties, interest, and other similar public and private claims which may be payable, assessed, levied, imposed upon or become a lien on or against any portion of the Property (all of the foregoing items are collectively referred to as the "“Imposition(s)"”). The Impositions shall be paid not later than thirty (30) days before the dates on which the particular Imposition would become delinquent and Borrower Mortgagor shall produce to Lender Mortgagee receipts of the imposing authority, or other evidence reasonably satisfactory to LenderMortgagee, evidencing the payment of the Imposition in full. If Borrower Mortgagor elects by appropriate legal action to contest any Imposition, Borrower shall first deposit cash with Lender as a reserve in an amount which Lender determines is sufficient to pay the Imposition plus all fines, interest, penalties and costs which may become due pending the determination of the contest. If Borrower deposits this sum with Lender, Borrower Mortgagor shall not be required to pay the Imposition provided that the contest operates to prevent enforcement or collection of the Imposition, or the sale or forfeiture of, the Property, and is prosecuted with due diligence and continuity. Upon termination of any proceeding or contest, Borrower Mortgagor shall pay the amount of the Imposition as finally determined in the proceeding or contest. Provided that there is not then an Event of Default (as defined in Section 11.01), the monies which have been deposited with Lender pursuant to this Section shall be applied toward such payment and the excess, if any, shall be returned to Borrower.

Taxes, Liens and Other Charges. (a) Unless otherwise deposited with Lender paid to Beneficiary as provided in Section 2.052.5, Borrower Grantor shall pay all real estate and other taxes, assessments, water taxes and sewer charges, and other licenses or permit fees, and all liens, fines, penalties and interest thereon, and other similar public and private claims assessments which may be payable, assessed, levied, imposed upon or become a lien on or against any portion of the Property (all of the foregoing items are collectively referred to as the "Imposition(s“imposition(s)"”). The Impositions shall be paid not later than thirty ten (3010) days before the dates on which the particular Imposition would become delinquent and Borrower Grantor shall produce to Lender Beneficiary receipts of the imposing authority, or other evidence reasonably satisfactory to LenderBeneficiary, evidencing the payment of the Imposition in full. If Borrower Grantor elects by appropriate legal action to contest any Imposition, Borrower Grantor shall first deposit cash with Lender Beneficiary as a reserve in an amount which Lender Beneficiary determines is sufficient to pay the Imposition plus all fines, interest, penalties and costs which may become due pending the determination of the contest. If Borrower Grantor deposits this sum with LenderBeneficiary, Borrower Grantor shall not be required to pay the Imposition provided that the contest operates to prevent enforcement or collection of the Imposition, or the sale or forfeiture of, the Property, and is prosecuted with due diligence and continuity. Upon termination of any proceeding or contest, Borrower Grantor shall pay the amount of the Imposition as finally determined in the proceeding or contest. contest Provided that there is not then an Event of Default (as defined in Section 11.0111.1), the monies which have been deposited with Lender Beneficiary pursuant to this Section shall be applied toward such payment and the excess, if any, shall be returned to BorrowerGrantor.

Taxes, Liens and Other Charges. (a) Unless otherwise deposited with Lender paid to Beneficiary as provided in Section 2.052.5, Borrower Grantor shall pay all real estate and other taxes, assessments, water taxes and sewer charges, and other licenses or permit fees, and all liens, fines, penalties and interest thereon, and other similar public and private claims assessments which may be payable, assessed, levied, imposed upon or become a lien on or against any portion of the Property (all of the foregoing items are collectively referred to as the "“Imposition(s)"”). The Impositions shall be paid not later than thirty ten (3010) days before the dates on which the particular Imposition would become delinquent and Borrower Grantor shall produce to Lender Beneficiary receipts of the imposing authority, or other evidence reasonably satisfactory to LenderBeneficiary, evidencing the payment of the Imposition in full. If Borrower Grantor elects by appropriate legal action to contest any Imposition, Borrower Grantor shall first deposit cash with Lender Beneficiary as a reserve in an amount which Lender Beneficiary determines is sufficient to pay the Imposition plus all fines, interest, penalties and costs which may become due pending the determination of the contest. If Borrower Grantor deposits this sum with LenderBeneficiary, Borrower Grantor shall not be required to pay the Imposition provided that the contest operates to prevent enforcement or collection of the Imposition, or the sale or forfeiture of, the Property, and is prosecuted with due diligence and continuity. Upon termination of any proceeding or contest, Borrower Grantor shall pay the amount of the Imposition as finally determined in the proceeding or contest. Provided that there is not then an Event of Default (as defined in Section 11.0111.1), the monies which have been deposited with Lender Beneficiary pursuant to this Section shall be applied toward such payment and the excess, if any, shall be returned to BorrowerGrantor.

Taxes, Liens and Other Charges. (a) Unless otherwise deposited with Lender paid to Beneficiary as provided in Section 2.052.5, Borrower Affiliated Guarantor and/or Operating Lessee as applicable shall pay all real estate and other taxes, assessments, water taxes and sewer charges, and other licenses or permit fees, and all liens, fines, penalties and interest thereon, and other similar public and private claims assessments which may be payable, assessed, levied, imposed upon or become a lien on or against any portion of the Property (all of the foregoing items are collectively referred to as the "“Imposition(s)"”). The Impositions shall be paid not later than thirty (30) days before the dates on which the particular Imposition would become delinquent and Borrower Affiliated Guarantor shall produce to Lender Beneficiary receipts of the imposing authority, or other evidence reasonably satisfactory to LenderBeneficiary, evidencing the payment of the Imposition in full. If Borrower Affiliated Guarantor and/or Operating Lessee as applicable elects by appropriate legal action to contest any Imposition, Borrower Affiliated Guarantor shall first deposit cash (or other security approved by Beneficiary such as a bond or letter of credit) with Lender Beneficiary as a reserve in an amount which Lender Beneficiary determines is sufficient to pay the Imposition plus all fines, interest, penalties and costs which may become due pending the determination of the contest. If Borrower Affiliated Guarantor deposits this sum or alternative security with LenderBeneficiary, Borrower Affiliated Guarantor shall not be required to pay the Imposition provided that the contest operates to prevent enforcement or collection of the Imposition, or the sale or forfeiture of, the Property, Property is prevented during such contest and such contest is prosecuted with due diligence and continuity. Upon termination of any proceeding or contestcontest and any appeal thereof, Borrower Affiliated Guarantor shall pay the amount of the Imposition as finally determined in the proceeding or contest. Provided that there is not then an Event of Default (as defined in Section 11.0111.1), the monies or alternative security which have been deposited with Lender Beneficiary pursuant to this Section shall be applied toward such payment and the excess, if any, shall be returned to BorrowerAffiliated Guarantor.

Taxes, Liens and Other Charges. (a) Unless otherwise deposited with Lender as provided in Section 2.05Grantors shall pay, Borrower shall pay on or before the delinquency date thereof, all real estate and other taxes, assessmentslevies, water and sewer charges, and other licenses or permit license fees, permit fees and all liensother charges (in each case whether general or special, finesordinary or extraordinary, or foreseen or unforeseen) of every character whatsoever (including all penalties and interest thereon) now or hereafter levied, and other similar public and private claims assessed, confirmed or imposed on, or in respect of, or which may be payable, assessed, levied, imposed upon or become a lien on upon the Premises, or against any portion part thereof, or any estate, right or interest therein, or upon the rents, issues, income or profits thereof, and shall submit to Beneficiary such evidence of the Property (due and punctual payment of all of such taxes, assessments and other fees and charges as Beneficiary may require. Each Grantor shall have the foregoing items are collectively referred to as the "Imposition(s)"). The Impositions shall be paid not later than thirty (30) days right before the dates on which the particular Imposition would they become delinquent and Borrower shall produce to Lender receipts contest or object to the amount or validity of the imposing authorityany such tax, assessment, fee or other evidence reasonably satisfactory to Lender, evidencing the payment of the Imposition in full. If Borrower elects charge by appropriate legal action to contest any Imposition, Borrower shall first deposit cash with Lender as a reserve in an amount which Lender determines is sufficient to pay the Imposition plus all fines, interest, penalties and costs which may become due pending the determination of the contest. If Borrower deposits proceedings but this sum with Lender, Borrower shall not be required deemed or construed in any way as relieving, modifying or extending such Grantor's covenant to pay any such tax, assessment, fee or charge at the Imposition time and in the manner provided herein, unless such Grantor has given prior written notice to Beneficiary of such Grantor's intent to so contest or object, and unless at Beneficiary's sole option, (i) Grantors shall demonstrate to Beneficiary's satisfaction that the contest operates legal proceedings shall conclusively operate to prevent enforcement or collection the sale of the ImpositionPremises, or the sale any part thereof, to satisfy such tax, assessment, fee or forfeiture of, the Property, charge prior to final determination of such proceedings; and is prosecuted with due diligence (ii) Grantors shall furnish a good and continuity. Upon termination sufficient bond or surety as requested by and satisfactory to Beneficiary; and (iii) Grantors shall have provided a good and sufficient undertaking as may be required or permitted by law to accomplish a stay of any proceeding or contest, Borrower shall pay the amount of the Imposition as finally determined in the proceeding or contest. Provided that there is not then an Event of Default (as defined in Section 11.01), the monies which have been deposited with Lender pursuant to this Section shall be applied toward such payment and the excess, if any, shall be returned to Borrowerproceedings.

Taxes, Liens and Other Charges. (a) Unless otherwise deposited with Lender paid to Beneficiary as provided in Section 2.05, Borrower Trustor shall pay all real estate and other taxes, assessments, water taxes and sewer charges, and other licenses or permit fees, and all liens, fines, penalties and interest thereon, and other similar public and private claims assessments which may be payable, assessed, levied, imposed upon or become a lien on or against any portion of the Property (all of the foregoing items are collectively referred to as the "“Imposition(s)"”). The Impositions shall be paid not later than thirty (30) 15 days before the dates on which the particular Imposition would become delinquent and Borrower Trustor shall produce to Lender Beneficiary receipts of the imposing authority, or other evidence reasonably satisfactory to LenderBeneficiary, evidencing the payment of the Imposition in full. If Borrower Trustor elects by appropriate legal action to contest any Imposition, Borrower Trustor shall first deposit cash with Lender Beneficiary as a reserve in an amount which Lender Beneficiary determines is sufficient to pay the Imposition plus all fines, interest, penalties and costs which may become due pending the determination of the contest. If Borrower Trustor deposits this sum with LenderBeneficiary, Borrower Trustor shall not be required to pay the Imposition provided that the contest operates to prevent enforcement or collection of the Imposition, or the sale or forfeiture of, the Property, and is prosecuted with due diligence and continuity. Upon termination of any proceeding or contest, Borrower Trustor shall pay the amount of the Imposition as finally determined in the proceeding or contest. Provided that there is not then an Event of Default (as defined in Section 11.01)) that is continuing, the monies which have been deposited with Lender Beneficiary pursuant to this Section shall be applied toward such payment and the excess, if any, shall be returned to BorrowerTrustor.

Taxes, Liens and Other Charges. (a) Unless otherwise deposited with Lender as provided in Section 2.05, Borrower Mortgagor shall pay all real estate and other taxes, assessments, water taxes and sewer charges, and other licenses or permit fees, and all liens, fines, penalties and interest thereon, and other similar public and private claims assessments which may be payable, assessed, levied, imposed upon or become a lien on or against any portion of the Property (all of the foregoing items are collectively referred to as the "“Imposition(s)"”). The Impositions shall be paid not later than thirty (30) 10 days before the dates on which the particular Imposition would become delinquent and Borrower and, within 5 Business Days after Mortgagee so requests, Mortgagor shall produce to Lender Mortgagee receipts of the imposing authority, or other evidence reasonably satisfactory to LenderMortgagee, evidencing the payment of the Imposition in full. If Borrower Mortgagor elects by appropriate legal action to contest any Imposition, Borrower Mortgagor shall first deposit cash with Lender Mortgagee as a reserve in an amount which Lender Mortgagee determines is sufficient to pay the Imposition plus all fines, interest, penalties and costs which may become due pending the determination of the contest. If Borrower Mortgagor deposits this sum with LenderMortgagee, Borrower Mortgagor shall not be required to pay the Imposition provided that the contest operates to prevent enforcement or collection of the Imposition, or the sale or forfeiture of, the Property, and is prosecuted with due diligence and continuity. Upon termination of any proceeding or contest, Borrower Xxxxxxxxx shall pay the amount of the Imposition as finally determined in the proceeding or contest. Provided that there is not then an Event of Default (as defined in Section 11.01), the monies which have been deposited with Lender Mortgagee pursuant to this Section shall be applied toward such payment and the excess, if any, shall be returned to BorrowerMortgagor.

Taxes, Liens and Other Charges. (a) Unless otherwise deposited with Lender paid to Beneficiary as provided in Section 2.052.5, Borrower Trustor and/or Operating Lessee as applicable shall pay all real estate and other taxes, assessments, water taxes and sewer charges, and other licenses or permit fees, and all liens, fines, penalties and interest thereon, and other similar public and private claims assessments which may be payable, assessed, levied, imposed upon or become a lien on or against any portion of the Property (all of the foregoing items are collectively referred to as the "“Imposition(s)"”). The Impositions shall be paid not later than thirty (30) days before the dates on which the particular Imposition would become delinquent and Borrower Trustor shall produce to Lender Beneficiary receipts of the imposing authority, or other evidence reasonably satisfactory to LenderBeneficiary, evidencing the payment of the Imposition in full. If Borrower Trustor and/or Operating Lessee as applicable elects by appropriate legal action to contest any Imposition, Borrower Trustor shall first deposit cash (or other security approved by Beneficiary such as a bond or letter of credit) with Lender Beneficiary as a reserve in an amount which Lender Beneficiary determines is sufficient to pay the Imposition plus all fines, interest, penalties and costs which may become due pending the determination of the contest. If Borrower Trustor deposits this sum or alternative security with LenderBeneficiary, Borrower Trustor shall not be required to pay the Imposition provided that the contest operates to prevent enforcement or collection of the Imposition, or the sale or forfeiture of, the Property, Property is prevented during such contest and such contest is prosecuted with due diligence and continuity. Upon termination of any proceeding or contestcontest and any appeal thereof, Borrower Trustor shall pay the amount of the Imposition as finally determined in the proceeding or contest. Provided that there is not then an Event of Default (as defined in Section 11.0111.1), the monies or alternative security which have been deposited with Lender Beneficiary pursuant to this Section shall be applied toward such payment and the excess, if any, shall be returned to BorrowerTrustor.

Taxes, Liens and Other Charges. (a) Unless otherwise deposited with Lender paid to Beneficiary as provided in Section 2.052.5, Borrower Trustor shall pay all real estate and other taxes, assessments, water taxes and sewer charges, and other licenses or permit fees, and all liens, fines, penalties and interest thereon, and other similar public and private claims assessments which may be payable, assessed, levied, imposed upon or become a lien on or against any portion of the Property (all of the foregoing items are collectively referred to as the "Imposition(s)"). The Impositions shall be paid not later than thirty (30) days before the dates on which the particular Imposition would become delinquent and Borrower and, unless otherwise paid by Beneficiary pursuant to Section 2.5, Trustor shall produce to Lender Beneficiary receipts of the imposing authority, or other evidence reasonably satisfactory to LenderBeneficiary, evidencing the payment of the Imposition in full. If Borrower Trustor elects by appropriate legal action to contest any Imposition, Borrower Trustor shall first deposit cash with Lender Beneficiary as a reserve in an amount which Lender Beneficiary determines is sufficient to pay the Imposition plus all fines, interest, penalties and costs which may become due pending the determination of the contest. If Borrower Trustor deposits this sum with LenderBeneficiary, Borrower Trustor shall not be required to pay the Imposition provided that the contest operates to prevent enforcement or collection of the Imposition, or the sale or forfeiture of, the Property, and is prosecuted with due diligence and continuity. Upon termination of any proceeding or contest, Borrower and after any applicable rights of appeal (whether legal or administrative) have been exhausted or expired, Trustor shall pay the amount of the Imposition as finally determined in the proceeding or contest. Provided that there is not then an Event of Default (as defined in Section 11.0111.1), the monies which have been deposited with Lender Beneficiary pursuant to this Section shall be applied toward such payment and the excess, if any, shall be returned to BorrowerTrustor.

Taxes, Liens and Other Charges. (a) Unless otherwise deposited with Lender paid to Beneficiary as provided in Section 2.05, Borrower Grantor shall pay all real estate and other taxes, assessments, water and sewer charges, vault and other licenses license or permit fees, and all liens, fines, penalties and interest thereonpenalties, interest, and other similar public and private claims which may be payable, assessed, levied, imposed upon or become a lien on or against any portion of the Property (all of the foregoing items are collectively referred to as the "Imposition(s)"). The Impositions shall be paid not later than thirty (30) days before the dates on which the particular Imposition would become delinquent and Borrower upon request of Beneficiary, Grantor shall produce to Lender Beneficiary receipts of the imposing authority, or other evidence reasonably satisfactory to LenderBeneficiary, evidencing the payment of the Imposition in full. If Borrower Grantor elects by appropriate legal action to contest any Imposition, Borrower Grantor shall first deposit cash with Lender Beneficiary as a reserve in an amount which Lender Beneficiary reasonably determines is sufficient necessary to pay the Imposition plus all fines, interest, penalties and costs which may become due pending the determination of the contest. If Borrower Grantor deposits this sum with LenderBeneficiary, Borrower Grantor shall not be required to pay the Imposition provided that the contest operates to prevent enforcement or collection of the Imposition, or the sale or forfeiture of, the Property, and is prosecuted with due diligence and continuity. Upon termination of any proceeding or contest, Borrower Grantor shall pay the amount of the Imposition as finally determined in the proceeding or contest. Provided that there is not then an Event of Default (as defined in Section 11.01), the monies which have been deposited with Lender Beneficiary pursuant to this Section shall be applied toward such payment and the excess, if any, shall be returned to BorrowerGrantor.

Taxes, Liens and Other Charges. (a) Unless otherwise deposited with Lender sums sufficient to pay the same shall have been fully paid to Mortgagee as provided in Section 2.051.06 hereof, Borrower Mortgagor shall pay or cause to be paid all real estate and other taxes, assessments, water and sewer charges, vault and other licenses license or permit fees, and all lienslevies, fines, penalties and interest thereonpenalties, interest, impositions, and other similar claims, general and special, public and private claims private, of any kind whatsoever which may be payable, assessed, levied, confirmed, imposed upon or arise out of or become due and payable out of, or become a lien on or against any portion of the Property or any part thereof (all of the foregoing items are foregoing, together with utility and refuse removal charges, being hereinafter collectively referred to as the "Imposition(s)"). The Impositions shall be paid ) not later than thirty (30) days before the dates on which the particular Imposition such Impositions would become delinquent and Borrower delinquent. Not later than the date when any Impositions would become delinquent, Mortgagor shall produce to Lender receipts of the imposing authority, or other Mortgagee evidence reasonably satisfactory to Lender, Mortgagee evidencing the payment of the Imposition thereof in full. If Borrower elects Mortgagor shall in good faith, and by appropriate proper legal action to action, contest any ImpositionImpositions, Borrower and shall first deposit have deposited cash with Lender Mortgagee (or as Mortgagee may direct) as a reserve in an amount which Lender determines is sufficient to pay for the Imposition payment thereof plus all fines, interest, penalties and costs which may become due pending the determination of the such contest. If Borrower deposits this sum with Lender, Borrower in such amount as Mortgagee may require, then Mortgagor shall not be required to pay the Imposition provided that same during the maintenance of said deposit and as long as such contest operates to prevent enforcement or collection of the Impositionsuch Impositions against, or the sale or forfeiture of, the PropertyProperty for non-payment thereof, and is prosecuted with due diligence and continuity, and shall not have been terminated or discontinued adversely to Mortgagor. Upon termination of any such proceeding or contest, Borrower Mortgagor shall pay the amount of the Imposition such Impositions or part thereof as finally determined in the such proceeding or contest. Provided that there is not then an Event of Default (as defined in Section 11.01)However, the if monies which have been deposited with Lender Mortgagee pursuant to this Section 1.03, said funds shall be applied toward such payment and the excess, if any, shall be returned to BorrowerMortgagor.

Taxes, Liens and Other Charges. (a) Unless otherwise deposited with Lender paid to Beneficiary as provided in Section 2.05SECTION 2.05 hereof, Borrower Grantor shall pay (i) all real estate and other taxes, assessments, water and sewer charges, vault and other licenses license or permit fees, and (ii) all other liens, fines, penalties penalties, interest and interest thereon, and other similar public and private claims in excess of $50,000, which may be payable, assessed, levied, imposed upon or become a lien on or against any portion of the Property (all of the foregoing items are collectively referred to as the "Imposition(sIMPOSITION(S)"). The Impositions shall be paid not later than thirty ten (3010) days before the dates on which the particular Imposition would become delinquent and Borrower Grantor shall produce to Lender Beneficiary receipts of the imposing authority, or other evidence reasonably satisfactory to LenderBeneficiary, evidencing the payment of the Imposition in full. If Borrower Grantor elects by appropriate legal action to contest any Imposition, Borrower Grantor shall first deposit cash with Lender Beneficiary as a reserve in an amount which Lender Beneficiary determines is sufficient to pay the Imposition plus all fines, interest, penalties and costs which may become due pending the determination of the contest. If Borrower Grantor deposits this sum with LenderBeneficiary, Borrower Grantor shall not be required to pay the Imposition provided that the contest operates to prevent enforcement or collection of the Imposition, or the sale or forfeiture of, the Property, and is prosecuted with due diligence and continuity. Upon termination of any proceeding or contest, Borrower Grantor shall pay the amount of the Imposition as finally determined in the proceeding or contest. Provided that there is not then an Event of Default (as defined in Section 11.01SECTION 11.01 hereof), the monies which have been deposited with Lender Beneficiary pursuant to this Section shall be applied toward such payment and the excess, if any, shall be returned to BorrowerGrantor.

Taxes, Liens and Other Charges. (a) Unless otherwise deposited with Lender paid to Grantee as provided in Section 2.05, Borrower Grantor shall pay all real estate and other taxes, assessments, water and sewer charges, vault and other licenses license or permit fees, and all liens, fines, penalties and interest thereonpenalties, interest, and other similar public and private claims and assessments which may be payable, assessed, levied, imposed upon or become a lien on or against any portion of the Property (all of the foregoing items are collectively referred to as the "Imposition(s)"). The Impositions shall be paid not later than thirty seven (307) days before the dates on which the particular Imposition would become delinquent and Borrower Grantor shall produce to Lender Grantee receipts of the imposing authority, or other evidence reasonably satisfactory to LenderGrantee, evidencing the payment of the Imposition in full. If Borrower Grantor elects by appropriate legal action to contest any ImpositionImposition and has not paid the Imposition prior to initiation of the contest, Borrower Grantor shall first deposit cash with Lender Grantee as a reserve in an amount which Lender Grantee determines is sufficient to pay the Imposition plus all fines, interest, penalties and costs which may become due pending the determination of the contest. If Borrower Grantor deposits this sum with LenderGrantee, Borrower Grantor shall not be required to pay the Imposition provided that the contest operates to prevent enforcement or collection of the Imposition, or the sale or forfeiture of, the Property, and is prosecuted with due diligence and continuity. Upon termination of any proceeding or contest, Borrower Grantor shall pay the amount of the Imposition as finally determined in the proceeding or contest. Provided that there is not then an Event of Default (as defined in Section 11.0111.01 hereof), the monies which have been deposited with Lender Grantee pursuant to this Section shall be applied toward such payment and the excess, if any, shall be returned to BorrowerGrantor.

Taxes, Liens and Other Charges. (a) Unless otherwise deposited with paid to Lender as provided in Section 2.052.5, Borrower and/or Operating Lessee, as applicable, shall pay all real estate and other taxes, assessments, water taxes and sewer charges, and other licenses or permit fees, and all liens, fines, penalties and interest thereon, and other similar public and private claims assessments which may be payable, assessed, levied, imposed upon or become a lien on or against any portion of the Property (all of the foregoing items are collectively referred to as the "“Imposition(s)"”). The Impositions shall be paid not later than thirty (30) days before the dates on which the particular Imposition would become delinquent and Borrower shall produce to Lender receipts of the imposing authority, or other evidence reasonably satisfactory to Lender, evidencing the payment of the Imposition in full. If Borrower and/or Operating Lessee, as applicable, elects by appropriate legal action to contest any Imposition, Borrower shall first deposit cash (or other security approved by Lender such as a bond or letter of credit) with Lender as a reserve in an amount which Lender determines is sufficient to pay the Imposition plus all fines, interest, penalties and costs which may become due pending the determination of the contest. If Borrower deposits this sum or alternative security with Lender, Borrower shall not be required to pay the Imposition provided that the contest operates to prevent enforcement or collection of the Imposition, or the sale or forfeiture of, the Property, Property is prevented during such contest and such contest is prosecuted with due diligence and continuity. Upon termination of any proceeding or contestcontest and any appeal thereof, Borrower shall pay the amount of the Imposition as finally determined in the proceeding or contest. Provided that there is not then an Event of Default (as defined in Section 11.0111.1), the monies or alternative security which have been deposited with Lender pursuant to this Section shall be applied toward such payment and the excess, if any, shall be returned to Borrower.

Taxes, Liens and Other Charges. (a) Unless otherwise deposited with paid to Lender as provided in Section 2.05, Borrower shall pay all real estate and other taxes, assessments, water and sewer charges, vault and other licenses license or permit fees, and all liens, fines, penalties and interest thereonpenalties, interest, and other similar public and private claims which may be payable, assessed, levied, imposed upon or become a lien on or against any portion of the Property (all of the foregoing items are collectively referred to as the "“Imposition(s)"”). The Impositions shall be paid not later than thirty (30) days before prior to the dates on which the particular Imposition would become delinquent delinquent, unless Borrower has paid deposits for such amounts to Lender, and Borrower shall produce to Lender receipts of the imposing authority, or other evidence reasonably satisfactory to Lender, evidencing the payment of the Imposition in full. If Borrower elects by appropriate legal action to contest any Imposition, Borrower shall first deposit cash or a letter of credit in form and substance reasonably acceptable to Lender with Lender as a reserve in an amount which Lender determines is sufficient to pay the Imposition plus all fines, interest, penalties and costs which may become due pending the determination of the contest. If Borrower deposits this sum with Lender, Borrower shall not be required to pay the Imposition provided that the contest operates to prevent enforcement or collection of the Imposition, or the sale or forfeiture of, the Property, and is prosecuted with due diligence and continuity. Upon termination of any proceeding or contest, Borrower shall pay the amount of the Imposition as finally determined in the proceeding or contest. Provided that there is not then an Event of Default (as defined in Section 11.01), the any monies which have been deposited with Lender pursuant to this Section shall be applied toward such payment and the excess, if any, and any letter of credit shall be returned to Borrower.