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

Taxes, Liens and Other Items. (A) Trustor shall pay any and all taxes, bonds, assessments, fees, liens, charges, fines, impositions and any accrued interest or penalty thereon, and any and all other items which are attributable to or affect the Property (collectively, “Impositions”) by making payment prior to delinquency directly to the payee thereof and promptly furnish copies of paid receipts for these to Beneficiary. Trustor shall promptly discharge or bond any lien or encumbrance on the Property whether or not said lien or encumbrance has or may attain priority over this Deed of Trust. This Deed of Trust shall be the sole encumbrance on the Property (other than the Permitted Exceptions and the lien for taxes not yet due and payable) and, if with the consent of Beneficiary it is not the sole encumbrance, then it shall be prior to any and all other liens or encumbrances on the Property. Trustor may in good faith and with due diligence protest the payment of any Imposition which it believes unwarranted or excessive and may defer payment of such Imposition pending conclusion of such contest if legally permitted to do so, provided that the priority of this Deed of Trust and Beneficiary’s security is not adversely affected and that Trustor shall have furnished Beneficiary or the taxing authority such security as may be required.

Appears in 2 contracts

Samples: Fixture Filing (Amerivest Properties Inc), Amerivest Properties Inc

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Taxes, Liens and Other Items. (A) Trustor Borrower shall pay or cause to be paid any and all taxes, bonds, assessments, fees, liens, charges, fines, impositions and any accrued interest or penalty thereon, and any and all other items which are attributable to or affect the Property (collectively, "Impositions") by making payment prior to delinquency directly to the payee thereof and promptly furnish copies of paid receipts for these to BeneficiaryLender. Trustor Borrower shall promptly discharge or bond any lien or encumbrance on the Property whether or not said lien or encumbrance has or may attain priority over this Deed of TrustSecurity Deed. This Security Deed of Trust shall be the sole encumbrance on the Property (other than the Permitted Exceptions and the lien for taxes not yet due and payable) and, if with the consent of Beneficiary Lender it is not the sole encumbrance, then it shall be prior to any and all other liens or encumbrances on the Property. Trustor Borrower may in good faith and with due diligence protest the payment of any Imposition which it believes unwarranted or excessive and may defer payment of such Imposition pending conclusion of such contest if legally permitted to do so, provided that the priority of this Security Deed of Trust and Beneficiary’s Lender's security is not materially and adversely affected and that Trustor Borrower shall have furnished Beneficiary Lender or the taxing authority such security as may be required.

Appears in 2 contracts

Samples: Debt and Security Agreement (Inland Western Retail Real Estate Trust Inc), Debt and Security Agreement (Inland Western Retail Real Estate Trust Inc)

Taxes, Liens and Other Items. (A) Trustor Mortgagor shall pay or cause to be paid any and all taxes, bonds, assessments, fees, liens, charges, fines, impositions and any accrued interest or penalty thereon, and any and all other items which are attributable to or affect the Property (collectively, "Impositions") by making payment prior to delinquency directly to the payee thereof and promptly furnish copies of paid receipts for these to BeneficiaryMortgagee. Trustor Mortgagor shall promptly discharge or bond any lien or encumbrance on the Property whether or not said lien or encumbrance has or may attain priority over this Deed of TrustMortgage. This Deed of Trust Mortgage shall be the sole encumbrance on the Property (other than the Permitted Exceptions and the lien for taxes not yet due and payable) and, if with the consent of Beneficiary Mortgagee it is not the sole encumbrance, then it shall be prior to any and all other liens or encumbrances on the Property. Trustor Mortgagor may in good faith and with due diligence protest the payment of any Imposition which it believes unwarranted or excessive and may defer payment of such Imposition pending conclusion of such contest if legally permitted to do so, provided that the priority of this Deed of Trust Mortgage and Beneficiary’s Mortgagee's security is not materially and adversely affected and that Trustor Mortgagor shall have furnished Beneficiary Mortgagee or the taxing authority such security as may be required.

Appears in 2 contracts

Samples: Inland Western Retail Real Estate Trust Inc, Inland Western Retail Real Estate Trust Inc

Taxes, Liens and Other Items. (A) Trustor Mortgagor shall pay any and all taxes, bonds, assessments, fees, liens, charges, fines, impositions and any accrued interest or penalty thereon, and any and all other items which are attributable to or affect the Property (collectively, “Impositions”) by making payment prior to delinquency directly to the payee thereof and promptly furnish copies of paid receipts for these to BeneficiaryMortgagee. Trustor Mortgagor shall promptly discharge or bond any lien or encumbrance on the Property whether or not said lien or encumbrance has or may attain priority over this Deed of TrustMortgage or not. This Deed of Trust Mortgage shall be the sole encumbrance on the Property (other than the Permitted Exceptions and the lien for taxes not yet due and payable) and, if with the consent of Beneficiary Mortgagee it is not the sole encumbrance, then it shall be prior to any and all other liens or encumbrances on the Property. Trustor Provided that the priority of this Mortgage is not in any way affected, Mortgagor may in good faith and with due diligence protest the payment of any Imposition tax or lien which it believes is unwarranted or excessive and may defer payment of such Imposition tax pending conclusion of such contest if legally permitted to do so, so and provided that the priority of this Deed of Trust and Beneficiary’s Mortgagee's security is not adversely affected and that Trustor shall have furnished Beneficiary or the taxing authority such security as may be requiredjeopardized in Mortgagee's sole reasonable opinion.

Appears in 1 contract

Samples: Ag-Chem Equipment Co Inc

Taxes, Liens and Other Items. (A) Trustor Mortgagor shall pay or cause to be paid any and all taxestaxes (including any deed tax or mortgage registry tax), bonds, assessments, fees, liens, charges, fines, impositions and any accrued interest or penalty thereon, and any and all other items which are attributable to or affect the Property (collectively, “Impositions”) by making payment prior to delinquency directly to the payee thereof and promptly furnish copies of paid receipts for these to BeneficiaryMortgagee. Trustor Mortgagor shall promptly discharge or bond any lien or encumbrance on the Property whether or not said lien or encumbrance has or may attain priority over this Deed of TrustMortgage. This Deed of Trust Mortgage shall be the sole encumbrance on the Property (other than the Permitted Exceptions and the lien for taxes not yet due and payable) and, if with the consent of Beneficiary Mortgagee it is not the sole encumbrance, then it shall be prior to any and all other liens or encumbrances on the Property. Trustor Mortgagor may in good faith and with due diligence protest the payment of any Imposition which it believes unwarranted or excessive and may defer payment of such Imposition pending conclusion of such contest if legally permitted to do so, provided that the priority of this Deed of Trust Mortgage and BeneficiaryMortgagee’s security is not materially and adversely affected and that Trustor Mortgagor shall have furnished Beneficiary Mortgagee or the taxing authority such security as may be required.

Appears in 1 contract

Samples: Security Agreement and Fixture Filing (Inland American Real Estate Trust, Inc.)

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Taxes, Liens and Other Items. (A) Trustor Mortgagor shall pay any and all taxes, bonds, assessments, fees, liens, charges, fines, impositions and any accrued interest or penalty thereon, and any and all other items which are attributable to or affect the Property (collectively, "Impositions") by making payment prior to delinquency directly to the payee thereof and promptly furnish copies of paid receipts for these to BeneficiaryMortgagee. Trustor Mortgagor shall promptly discharge or bond any lien or encumbrance on the Property whether or not said lien or encumbrance has or may attain priority over this Deed of TrustMortgage. This Deed of Trust Mortgage shall be the sole encumbrance on the Property (other than the Permitted Exceptions and the lien for taxes not yet due and payable) and, if with the consent of Beneficiary Mortgagee it is not the sole encumbrance, then it shall be prior to any and all other liens or encumbrances on the Property. Trustor Mortgagor may in good faith and with due diligence protest the payment of any Imposition which it believes unwarranted or excessive and may defer payment of such Imposition pending conclusion of such contest if legally permitted to do so, provided that the priority of this Deed of Trust Mortgage and Beneficiary’s Mortgagee's security is not adversely affected and that Trustor Mortgagor shall have furnished Beneficiary Mortgagee or the taxing authority such security as may be required.

Appears in 1 contract

Samples: Great Lakes Reit

Taxes, Liens and Other Items. (A) Trustor Mortgagor shall pay or cause to be paid any and all taxes, bonds, assessments, fees, liens, charges, fines, impositions and any accrued interest or penalty thereon, and any and all other items which are attributable to or affect the Property (collectively, “Impositions”) by making payment prior to delinquency directly to the payee thereof and promptly furnish copies of paid receipts for these to BeneficiaryMortgagee. Trustor Subject to Xxxxxxxxx's right to contest, Xxxxxxxxx shall promptly discharge or bond any lien or encumbrance on the Property whether or not said lien or encumbrance has or may attain priority over this Deed of TrustMortgage. This Deed of Trust Mortgage shall be the sole encumbrance on the Property (other than the Permitted Exceptions and the lien for taxes not yet due and payable) and, if with the consent of Beneficiary Mortgagee it is not the sole encumbrance, then it shall be prior to any and all other liens or encumbrances on the Property. Trustor Mortgagor may in good faith and with due diligence protest the payment of any Imposition which it believes unwarranted or excessive and may defer payment of such Imposition pending conclusion of such contest if legally permitted to do so, provided that the priority of this Deed of Trust Mortgage and BeneficiaryMortgagee’s security is not adversely affected and that Trustor Mortgagor shall have furnished Beneficiary Mortgagee or the taxing authority such security as may be required.

Appears in 1 contract

Samples: GTJ REIT, Inc.

Taxes, Liens and Other Items. (A) Trustor Mortgagor shall pay any and all taxes, bonds, assessments, fees, liens, charges, fines, impositions and any accrued interest or penalty thereon, and any and all other items which are attributable to or affect the Property (collectively, “Impositions”) by making payment prior to delinquency directly to the payee thereof and promptly furnish copies of paid receipts for these to BeneficiaryMortgagee. Trustor Mortgagor shall promptly discharge or bond any lien or encumbrance on the Property whether or not said lien or encumbrance has or may attain priority over this Deed of TrustMortgage or not. This Deed of Trust Mortgage shall be the sole encumbrance on the Property (other than the Permitted Exceptions and the lien for taxes not yet due and payable) and, if with the consent of Beneficiary Mortgagee it is not the sole encumbrance, then it shall be prior to any and all other liens or encumbrances on the Property. Trustor Provided that the priority of this Mortgage is not in any way affected, Mortgagor may in good faith and with due diligence protest the payment of any Imposition tax or lien which it believes is unwarranted or excessive and may defer payment of such Imposition tax pending conclusion of such contest if legally permitted to do so, so and provided that the priority of this Deed of Trust and Beneficiary’s Mortgagee's security is not adversely affected and that Trustor shall have furnished Beneficiary or the taxing authority such security as may be requiredjeopardized in Mortgagee's sole opinion.

Appears in 1 contract

Samples: General Nutrition Companies Inc

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