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

Taxes, Liens and Other Charges. To pay all and singular the taxes, assessments, obligations and encumbrances of every nature now on the Premises or that hereafter may be levied, assessed or imposed thereon when due and payable according to law and before they become delinquent; and if the same not be promptly paid Mortgagee may, at any time either before or after delinquency, pay the same without waiving or affecting its right to foreclose this Mortgage or any other right hereunder and all sums so paid shall become a part of the Secured Indebtedness and at the option of Mortgagee, shall bear interest from the date of each such payment at the maximum rate allowed by law. Upon notification from Mortgagee, Mortgagor shall pay to Mortgagee, together with and in addition to the payments of principal and interest payable under the terms of the Note secured hereby, on installment paying dates in the Note, until said Note is fully paid or until notification from Mortgagee to the contrary, an amount reasonably sufficient (as estimated by Mortgagee) to provide Mortgagee with funds to pay said taxes, assessments, insurance premiums, rents and other charges next due so that Mortgagee will have sufficient funds on hand to pay the same thirty (30) days before the date upon which they become past due. In no event shall Mortgagee be liable for any interest on any amount paid to it as herein required, and the money so received shall be held in a separate account, pending payment or application thereof as herein provided. As required by Mortgagee, Mortgagor shall furnish to Mortgagee, at least thirty (30) days before the date on which same will become past due, an official statement of the amount of said taxes, assessments, insurance premiums and rents next due, and Mortgagee shall pay said charges to the amount of the then unused credit therefor as and when they become severally due and payable. An official receipt therefor shall be conclusive evidence of such payment and the validity of such charges. 2 3 2.04

Taxes, Liens and Other Charges. To pay (a) Subject to Section 2.04 hereof, Mortgagor shall pay, on or before the delinquency date thereof, all and singular the taxes, assessmentslevies, obligations license fees, permit fees and encumbrances all other charges (in each case whether general or special, ordinary or extraordinary, or foreseen or unforeseen) of every nature character whatsoever (including all penalties and interest thereon) now on the Premises or that hereafter levied, assessed, confirmed or imposed on, or in respect of, or which may be levieda lien upon the Collateral, assessed or imposed thereon when any part thereof, or any estate, right or interest therein, or upon the rents, issues, income or profits thereof, and shall submit to Mortgagee such evidence of the due and payable according to law punctual payment of all such taxes, assessments and other fees and charges as may be required by law. Mortgagor shall have the right before they become delinquent; and if the same not be promptly paid Mortgagee may, at any time either before delinquent to contest or after delinquency, pay the same without waiving or affecting its right to foreclose this Mortgage or any other right hereunder and all sums so paid shall become a part of the Secured Indebtedness and at the option of Mortgagee, shall bear interest from the date of each such payment at the maximum rate allowed by law. Upon notification from Mortgagee, Mortgagor shall pay to Mortgagee, together with and in addition to the payments of principal and interest payable under the terms of the Note secured hereby, on installment paying dates in the Note, until said Note is fully paid or until notification from Mortgagee to the contrary, an amount reasonably sufficient (as estimated by Mortgagee) to provide Mortgagee with funds to pay said taxes, assessments, insurance premiums, rents and other charges next due so that Mortgagee will have sufficient funds on hand to pay the same thirty (30) days before the date upon which they become past due. In no event shall Mortgagee be liable for any interest on any amount paid to it as herein required, and the money so received shall be held in a separate account, pending payment or application thereof as herein provided. As required by Mortgagee, Mortgagor shall furnish to Mortgagee, at least thirty (30) days before the date on which same will become past due, an official statement of the amount of said taxes, assessments, insurance premiums and rents next due, and Mortgagee shall pay said charges object to the amount or validity of any such tax, assessment, fee or charge by appropriate legal proceedings, but this shall not be deemed or construed in any way as relieving, modifying or extending Mortgagor's covenant to pay any such tax, assessment, fee or charge at the time and in the manner provided herein, unless Mortgagor has given prior written notice to Mortgagee of Mortgagor's intent to so contest or object, and unless (i) Mortgagor shall demonstrate to Mortgagee's satisfaction that the legal proceedings shall conclusively operate to prevent the sale of the then unused credit therefor as Collateral, or any part thereof, to satisfy such tax, assessment, fee or charge prior to final determination of such proceedings; and when they become severally due (ii) Mortgagor shall diligently pursue such contest; provided, however, that upon request Mortgagor shall deposit with Mortgagee all amounts required by Section 2.04 including any penalties, interests or charges in connection with such contested taxes; and payable. An official receipt therefor provided further that Mortgagee shall be conclusive evidence of such payment entitled to pay in full any and all contested taxes where a lien has been filed against the validity of such charges. 2 3 2.04Property in connection with the same.

Taxes, Liens and Other Charges. To pay (a) Subject to Mortgagor’s right to duly contest the same in accordance with this Section 2.3(a), Mortgagor shall pay, on or before the due date thereof, all and singular the taxes, assessmentslevies, obligations license fees, permit fees and encumbrances all other charges (in each case whether general or special, ordinary or extraordinary, or foreseen or unforeseen) of every nature character whatsoever (including all penalties and interest thereon) now on the Premises or that hereafter levied, assessed, confirmed or imposed on, or in respect of, or which may be levieda lien upon the Collateral, assessed or imposed thereon when any part thereof, or any estate, right or interest therein, or upon the rents, issues, income or profits thereof, and shall submit to Lender such evidence of the due and payable according to law punctual payment of all such taxes, assessments and other fees and charges as may be required by law. Mortgagor shall have the right before they become delinquentpast due to contest or object to the amount or validity of any such tax, assessment, fee or charge by appropriate legal proceedings, but this shall not be deemed or construed in any way as relieving, modifying or extending Mortgagor’s covenant to pay any such tax, assessment, fee or charge at the time and in the manner provided herein, unless Mortgagor has given prior written notice to Lender of Mortgagor’s intent to so contest or object, and unless (i) Mortgagor shall demonstrate to Lender’s reasonable satisfaction that the legal proceedings shall conclusively operate to prevent the sale of the Collateral, or any part thereof, to satisfy such tax, assessment, fee or charge prior to final determination of such proceedings; and (ii) if the same not be promptly paid Mortgagee may, at any time either before or after delinquency, pay the same without waiving or affecting its right to foreclose this Mortgage or any other right hereunder and all sums so paid shall become a part of the Secured Indebtedness and at the option of Mortgagee, shall bear interest from the date of each such payment at the maximum rate allowed by law. Upon notification from Mortgagee, Mortgagor shall pay to Mortgagee, together with and in addition to the payments of principal and interest payable under the terms of the Note secured hereby, on installment paying dates in the Note, until said Note is fully paid or until notification from Mortgagee to the contrary, an amount reasonably sufficient (as estimated by Mortgagee) to provide Mortgagee with funds to pay said taxes, assessments, insurance premiums, rents and other charges next due so that Mortgagee will have sufficient funds on hand to pay the same thirty (30) days before the date upon which they become past due. In no event shall Mortgagee be liable for any interest on any amount paid to it as herein required, and the money so received shall be held in a separate account, pending payment or application thereof as herein provided. As required by MortgageeLender, Mortgagor shall furnish a good and sufficient bond or surety as requested by and satisfactory to MortgageeLender in an amount sufficient to fully pay the contested amount, at least thirty with penalties, interest and other charges if Mortgagor should be unsuccessful in such contest; and (30iii) days before Mortgagor shall diligently pursue such contest. Mortgagor’s right to reimbursement from any amounts paid to Lender in escrow for taxes shall be subject to the date on which same will become past due, an official statement terms and conditions of the amount Tax and Insurance Escrow and Security Agreement with Lender of said taxeseven date herewith, assessments, insurance premiums and rents next due, and Mortgagee shall pay said charges to the amount of the then unused credit therefor as and when they become severally due and payable. An official receipt therefor shall be conclusive evidence of if such payment and the validity of such charges. 2 3 2.04agreement is in effect.

Taxes, Liens and Other Charges. To (a) Unless otherwise paid to Lender as provided in Section 3.05, each Borrower shall pay all real estate and singular the other taxes or payments in lieu of taxes, assessments, obligations water and encumbrances of every nature now on the Premises sewer charges, vault and other license or that hereafter permit fees, liens, fines, penalties, interest, and other similar public and private claims which may be payable, assessed, levied, assessed imposed upon or imposed thereon when due become a lien on or against any portion of a Property and payable according to law and before they become delinquent; and if the same not be promptly paid Mortgagee may, at any time either before or after delinquency, pay the same without waiving or affecting its right to foreclose this Mortgage or any other right hereunder and costs or charges imposed on such Borrower pursuant to any other easement or agreement which benefits a Property (all sums so paid shall become a part of the Secured Indebtedness and at foregoing items are collectively referred to as the option of Mortgagee, "IMPOSITION(s)"). The Impositions shall bear interest from the date of each such payment at the maximum rate allowed by law. Upon notification from Mortgagee, Mortgagor shall pay to Mortgagee, together with and in addition to the payments of principal and interest payable under the terms of the Note secured hereby, on installment paying dates in the Note, until said Note is fully be paid or until notification from Mortgagee to the contrary, an amount reasonably sufficient not later than twenty (as estimated by Mortgagee) to provide Mortgagee with funds to pay said taxes, assessments, insurance premiums, rents and other charges next due so that Mortgagee will have sufficient funds on hand to pay the same thirty (3020) days before the date upon dates on which they the particular Imposition would become past duedelinquent and the applicable Borrower shall produce to Lender official receipts of the appropriate imposing authority, or other evidence reasonably satisfactory to Lender, evidencing the payment of the Imposition in full, provided, however, that the failure of a Borrower to pay any such Imposition when due shall not constitute an Event of Default as long as the same are being contested in accordance with the requirements of this Section. In no event If any Borrower elects by appropriate legal action to contest any Imposition, such Borrower shall Mortgagee first deposit cash with Lender as a reserve in an amount which Lender determines is sufficient to pay such Imposition plus all fines, interest, penalties and costs which may become due pending the determination of the contest. If a Borrower deposits this sum with Lender, such Borrower shall not be liable for any interest on any amount paid required to it as herein requiredpay the Imposition provided that the contest operates to prevent enforcement or collection of the Imposition, or the sale or forfeiture of, the applicable Property, and is prosecuted with due diligence and continuity. Upon termination of any proceeding or contest, the money so received shall be held in a separate account, pending payment or application thereof as herein provided. As required by Mortgagee, Mortgagor shall furnish to Mortgagee, at least thirty (30) days before the date on which same will become past due, an official statement of the amount of said taxes, assessments, insurance premiums and rents next due, and Mortgagee applicable Borrower shall pay said charges to the amount of the Imposition as finally determined in the proceeding or contest. Provided that there is not then unused credit therefor an Event of Default (as and when they become severally due and payable. An official receipt therefor defined in Section 12.01 hereof), the monies which have been deposited with Lender pursuant to this Section shall be conclusive evidence of applied toward such payment and the validity of such charges. 2 3 2.04excess, if any, shall be returned to the applicable Borrower.

Taxes, Liens and Other Charges. To pay all and singular the taxes, assessments, obligations and encumbrances of every nature now on the Premises or that hereafter may be levied, assessed or imposed thereon when due and payable according to law and before they become delinquent; and if the same not be promptly paid the Mortgagee may, at any time either before or after delinquency, pay the same without waiving or affecting its right to foreclose this Mortgage or any an other right hereunder and all sums so paid shall become a part of the he Secured Indebtedness and and, at the option of the Mortgagee, shall bear interest from the date of each such payment at the maximum rate allowed by law. Upon notification from the Mortgagee, the Mortgagor shall pay to the Mortgagee, together with and in addition to the payments of principal and interest payable under the terms of the Note secured hereby, on installment paying dates in the Note, until said Note is fully paid or until notification from the Mortgagee to the contrary, an amount reasonably sufficient (as estimated by the Mortgagee) to provide the Mortgagee with funds to pay said taxes, assessments, insurance premiums, rents and other charges next due so that the Mortgagee will have sufficient funds on hand to pay the same thirty (30) days before the date upon which they become past due. In no event shall the Mortgagee be liable for any interest on any amount paid to it as herein required, and the money so received shall be held in a separate account, account pending payment or application thereof as herein provided. As required by the Mortgagee, the Mortgagor shall furnish to the Mortgagee, at least thirty (30) days before the date on which same will become past due, an official statement of the amount of said taxes, assessments, insurance premiums and rents next due, and the Mortgagee shall pay ay said charges to the amount of the then unused credit therefor as and when they become severally due and payable. An official receipt therefor shall be conclusive evidence of such payment and the validity of such charges. 2 3 2.04.

Taxes, Liens and Other Charges. To Borrower shall pay all Taxes and singular the taxes, assessments, obligations and encumbrances of every nature Other Charges now on the Premises or that hereafter may be levied, levied or assessed or imposed thereon when against the Property or any part thereof as the same become due and payable according payable; provided, however, that notwithstanding anything to law the contrary contained in this Agreement or the other Loan Documents, Borrower’s obligation to directly pay Taxes and before they Other Charges shall be suspended for so long as no Event of Default has occurred and is continuing and Borrower complies with the terms and provisions of Section 6.2 hereof. Borrower shall furnish to Lender receipts for the payment of the Taxes and the Other Charges prior to the date the same shall become delinquent; provided, however, that so long as no Event of Default has occurred and if is continuing, Borrower is not required to furnish such receipts for payment of Taxes and Other Charges in the same event that such Taxes and Other Charges have been paid or were to have been paid by Lender pursuant to Section 6.2 hereof Subject to Borrower’s right to contest such Taxes and Other Charges as hereinafter provided, Borrower shall not permit or suffer and shall promptly discharge any lien for Taxes or Other Charges against the Property (other than liens for Taxes or Other Charges not yet due or payable). After prior notice to Lender, Borrower, at its own expense, and notwithstanding anything to the contrary contained in this Agreement or the other Loan Documents, may contest by appropriate legal proceeding, conducted in good faith and with due diligence, the amount or validity of any Taxes, Liens or Other Charges, provided that (a) no Default or Event of Default has occurred and remains uncured; (b) such proceeding shall be permitted under and be conducted in accordance with all applicable statutes, laws and ordinances; (c) neither the Property nor any part thereof or interest therein will be in danger of being sold, forfeited, terminated, canceled or lost; (d) Borrower shall promptly upon final determination thereof pay the amount of any such Taxes, Liens or Other Charges, together with all costs, interest and penalties which may be payable in connection therewith; (e) such proceeding shall suspend the collection of Taxes, Liens or Other Charges from the Property; (f) Borrower shall deposit with Lender cash, or other security as may be approved by Lender, in an amount equal to one hundred twenty percent (120%) of the contested amount (provided, that Borrower shall not be promptly paid Mortgagee mayrequired to deposit any such cash or post security with respect to claims which in the aggregate do not exceed $125,000.00 ), to insure the payment of any such Taxes, Liens or Other Charges, together with all interest and penalties thereon, and (g) such contest by Borrower is not in violation of Leases or Operating Agreements. Lender may pay over any such cash or other security held by Lender to the claimant entitled thereto at any time either before or after delinquencywhen, pay the same without waiving or affecting its right to foreclose this Mortgage or any other right hereunder and all sums so paid shall become a part of the Secured Indebtedness and at the option of Mortgagee, shall bear interest from the date of each such payment at the maximum rate allowed by law. Upon notification from Mortgagee, Mortgagor shall pay to Mortgagee, together with and in addition to the payments of principal and interest payable under the terms of the Note secured hereby, on installment paying dates in the Notejudgment of Lender, until said Note is fully paid or until notification from Mortgagee to the contrary, an amount reasonably sufficient (as estimated by Mortgagee) to provide Mortgagee with funds to pay said taxes, assessments, insurance premiums, rents and other charges next due so that Mortgagee will have sufficient funds on hand to pay the same thirty (30) days before the date upon which they become past due. In no event shall Mortgagee be liable for any interest on any amount paid to it as herein required, and the money so received shall be held in a separate account, pending payment or application thereof as herein provided. As required by Mortgagee, Mortgagor shall furnish to Mortgagee, at least thirty (30) days before the date on which same will become past due, an official statement of the amount of said taxes, assessments, insurance premiums and rents next due, and Mortgagee shall pay said charges to the amount of the then unused credit therefor as and when they become severally due and payable. An official receipt therefor shall be conclusive evidence entitlement of such payment and the validity of such charges. 2 3 2.04claimant is established.

Taxes, Liens and Other Charges. To (a) Unless otherwise paid to Lender as provided in Section 2.5, Affiliated Guarantor and/or Operating Lessee, as applicable, shall pay all real estate and singular the taxes, assessments, obligations other taxes and encumbrances of every nature now on the Premises or that hereafter assessments which may be payable, assessed, levied, assessed imposed upon or imposed thereon when due and payable according to law and before they become delinquent; and if the same not be promptly paid Mortgagee may, at any time either before or after delinquency, pay the same without waiving or affecting its right to foreclose this Mortgage or any other right hereunder and all sums so paid shall become a part lien on or against any portion of the Secured Indebtedness and at the option of Mortgagee, shall bear interest from the date of each such payment at the maximum rate allowed by law. Upon notification from Mortgagee, Mortgagor shall pay to Mortgagee, together with and in addition to the payments of principal and interest payable under the terms Property (all of the Note secured herebyforegoing items are collectively referred to as the “Imposition(s)”). The Impositions shall be paid not later than the dates on which the particular Imposition would become delinquent and Affiliated Guarantor shall produce to Lender receipts of the imposing authority, on installment paying dates or other evidence reasonably satisfactory to Lender, evidencing the payment of the Imposition in the Notefull. If Affiliated Guarantor and/or Operating Lessee, until said Note is fully paid as applicable, elects by appropriate legal action to contest any Imposition, Affiliated Guarantor shall first deposit cash (or until notification from Mortgagee to the contrary, other security approved by Lender such as a bond or letter of credit) with Lender as a reserve in an amount reasonably which Lender determines is sufficient (as estimated by Mortgagee) to provide Mortgagee with funds to pay said taxes, assessments, insurance premiums, rents and other charges next due so that Mortgagee will have sufficient funds on hand to pay the same thirty (30) days before Imposition plus all fines, interest, penalties and costs which may become due pending the date upon which they become past due. In no event shall Mortgagee be liable for any interest on any amount paid to it as herein required, and the money so received shall be held in a separate account, pending payment or application thereof as herein provided. As required by Mortgagee, Mortgagor shall furnish to Mortgagee, at least thirty (30) days before the date on which same will become past due, an official statement determination of the amount contest. If Affiliated Guarantor deposits this sum or alternative security with Lender, Affiliated Guarantor shall not be required to pay the Imposition provided that enforcement or collection of said taxesthe Imposition, assessmentsor the sale or forfeiture of, insurance premiums the Property is prevented during such contest and rents next duesuch contest is prosecuted with due diligence and continuity. Upon termination of any proceeding or contest and any appeal thereof, and Mortgagee Affiliated Guarantor shall pay said charges to the amount of the Imposition as finally determined in the proceeding or contest. Provided that there is not then unused credit therefor an Event of Default (as and when they become severally due and payable. An official receipt therefor defined in Section 11.1), the monies or alternative security which have been deposited with Lender pursuant to this Section shall be conclusive evidence of applied toward such payment and the validity of such charges. 2 3 2.04excess, if any, shall be returned to Affiliated Guarantor.