Common use of Charges; Liens Clause in Contracts

Charges; Liens. Uniform Covenant 4 of the Instrument ("Charges; Liens") is amended to add the following provisions at the end thereof: Provided that Borrower is not in breach of any of its covenants, obligations or agreements under this Instrument and no event of default has occurred and is continuing under the Reimbursement Agreement or any other Loan Document, Borrower shall not be required to pay or discharge any obligation imposed upon Borrower by this paragraph 4 so long as Borrower has given written notice of the same to Lender and is in good faith and at its sole cost and expense diligently contesting the same or the validity thereof by appropriate legal proceedings, which proceedings must operate to prevent the collection thereof or realization thereon, the sale or forfeiture of the Property or any portion thereof to satisfy the same; provided, however, that during such contest (i) Borrower shall, at the option of Lender, provide security reasonably satisfactory to Lender and sufficient in Lender's reasonable judgment to cover the amount of the contested obligations, with interest on such obligations (to the extent interest would be due the obligee) for that period that such proceedings may reasonably be expected to take, and of any additional interest, charge, fine, penalty, fee or expense arising from or incurred as a result of such contest, (ii) the title company insuring the Property agrees to insure over any potential lien that may result from such contest, and (iii) if at any time the payment of any obligation imposed upon Borrower by this paragraph 4 shall become necessary to prevent (a) the delivery of a tax deed conveying the Property or any portion thereof, or (b) the sale of the tax lien therefor because of non-payment or (c) the imposition of any penalty, fine, charge, fee, cost or expense on Lender, then Borrower shall pay the same in sufficient time to prevent the occurrence of any of the foregoing.

Charges; Liens. Uniform Covenant 4 Borrower shall pay all water and sewer rates, rents, taxes (not being diligently contested by Borrower in a timely manner and not otherwise paid by Ocwen from the escrow fund therefore established and maintained pursuant to Section 4.7 of the Term Loan Agreement), premiums, and license, permit, or other fees, and Other Impositions attributable to the Property. Borrower shall promptly discharge any lien which has, or may have, priority over or equality with, the lien of this Instrument ("Charges; Liens") is amended to add except for the following provisions at the end thereof: Provided that Borrower is not in breach of any of its covenants, obligations or agreements under this Instrument and no event of default has occurred and is continuing under the Reimbursement Agreement or any other Loan Document, Borrower shall not be required to pay or discharge any obligation imposed upon Borrower by this paragraph 4 so long as Borrower has given written notice of the same to Lender and is in good faith and at its sole cost and expense diligently contesting the same or the validity thereof by appropriate legal proceedings, which proceedings must operate to prevent the collection thereof or realization thereon, the sale or forfeiture of the Property or any portion thereof to satisfy the sameMortgages); provided, however, that Borrower shall be entitled to contest any such lien in good faith (provided Borrower contests such lien in a diligent and timely manner). With respect to liens filed for failure to pay real property taxes and/or assessments, Borrower shall be entitled to contest the lien only if Borrower pays the taxing or assessing authority sufficient funds to discharge the lien prior to commencement of the contest. Upon written request from Ocwen, if the lien is in a face amount in excess of $100,000, Borrower shall provide a bond, letter of credit, or sufficient funds in an escrow account, to pay off the amount required to discharge the lien during such the period of contest by Borrower (except for real property tax and/or assessment liens, which are governed by the foregoing sentence). If a mechanic's lien is filed against the Property, Borrower shall promptly notify Ocwen and, at Ocwen's request, shall, at Borrower's option, but subject to the right to contest hereinafter set forth, either (i) Borrower shall, at escrow with Ocwen or with the option consent of Lender, provide security reasonably satisfactory Ocwen deposit in a court of competent jurisdiction a sum of money equal to Lender and sufficient in Lender's reasonable judgment to cover the amount of the contested obligationslien, with interest on such obligations (to the extent interest would be due the obligee) for that period that such proceedings may reasonably be expected to take, and of any additional interest, charge, fine, penalty, fee or expense arising from or incurred as a result of such contest, (ii) provide a bond against the title company insuring lien in such amount and in such manner as to discharge the lien as an encumbrance against the Property. Without Ocwen's prior written permission, except as otherwise permitted herein or in any other Transaction Document, Borrower shall not allow any lien, encumbrance, or other interest in the Property agrees inferior to insure over any potential the lien that may result from such contest, and (iii) if at any time of this Instrument to be perfected against the payment of any obligation imposed upon Borrower by this paragraph 4 shall become necessary to prevent (a) the delivery of a tax deed conveying the Property or any portion thereof, or (b) the sale of the tax lien therefor because of non-payment or (c) the imposition of any penalty, fine, charge, fee, cost or expense on Lender, then Borrower shall pay the same in sufficient time to prevent the occurrence of any of the foregoingProperty.

Charges; Liens. Uniform Covenant 4 Borrower shall pay all water and sewer rates, rents, taxes (not being diligently contested by Borrower in a timely manner and not otherwise paid by Ocwen from the escrow fund therefore established and maintained pursuant to Section 4.7 of the Instrument ("ChargesTerm Loan Agreement), premiums, and license, permit, or other fees, and Other Impositions attributable to the Property. Borrower shall promptly discharge any lien which has, or may have, priority over or equality with, the lien of this Instrument; Liens") is amended to add the following provisions at the end thereof: Provided provided, however, that Borrower shall be entitled to contest any such lien in good faith (provided Borrower contests such lien in a diligent and timely manner). With respect to liens filed for failure to pay real property taxes and/or assessments, Borrower shall be entitled to contest the lien only if Borrower pays the taxing or assessing authority sufficient funds to discharge the lien prior to commencement of the contest. Upon written request from Ocwen, if the lien is not in breach a face amount in excess of any $100,000, Borrower shall provide a bond, letter of its covenantscredit, obligations or agreements under this Instrument sufficient funds in an escrow account, to pay off the amount required to discharge the lien during the period of contest by Borrower (except for real property tax and/or assessment liens, which are governed by the foregoing sentence). If a mechanic's lien is filed against the Property, Borrower shall promptly notify Ocwen and, at Ocwen's request, shall, at Borrower's option, but subject to the right to contest hereinafter set forth, either (i) escrow with Ocwen or with the consent of Ocwen deposit in a court of competent jurisdiction a sum of money equal to the amount of the lien, or (ii) provide a bond against the lien in such amount and no event of default has occurred and is continuing under in such manner as to discharge the Reimbursement Agreement lien as an encumbrance against the Property. Without Ocwen's prior written permission, except as otherwise permitted herein or in any other Loan Document, Borrower shall not be required to pay allow any lien, encumbrance, or discharge any obligation imposed upon Borrower by this paragraph 4 so long as Borrower has given written notice of the same to Lender and is other interest in good faith and at its sole cost and expense diligently contesting the same or the validity thereof by appropriate legal proceedings, which proceedings must operate to prevent the collection thereof or realization thereon, the sale or forfeiture of the Property or any portion thereof to satisfy the same; provided, however, that during such contest (i) Borrower shall, at the option of Lender, provide security reasonably satisfactory to Lender and sufficient in Lender's reasonable judgment to cover the amount of the contested obligations, with interest on such obligations (inferior to the extent interest would lien of this Instrument to be due perfected against the obligee) for that period that such proceedings may reasonably be expected to take, and of any additional interest, charge, fine, penalty, fee or expense arising from or incurred as a result of such contest, (ii) the title company insuring the Property agrees to insure over any potential lien that may result from such contest, and (iii) if at any time the payment of any obligation imposed upon Borrower by this paragraph 4 shall become necessary to prevent (a) the delivery of a tax deed conveying the Property or any portion thereof, or (b) the sale of the tax lien therefor because of non-payment or (c) the imposition of any penalty, fine, charge, fee, cost or expense on Lender, then Borrower shall pay the same in sufficient time to prevent the occurrence of any of the foregoingProperty.

Charges; Liens. Uniform Covenant 4 Borrower shall promptly pay, when due, all Club dues imposed by the WDL Vail Condominium Association, Inc. (the “Condominium Association”) or the WDL Vail Club Association, Inc. (the “Fractional Association”) pursuant to the provisions of the Instrument Condominium Declaration, or its associated bylaws, rules and regulations, the Fractional Declaration or its associated bylaws, rules and regulations, or other constituent documents applicable to the Property ("Charges; Liens") is amended collectively, the “Project Documents”). Borrower shall pay all taxes, assessments and other charges, fines and impositions attributable to add the following provisions at Property which may attain a priority over this Deed of Trust, in the end manner provided under paragraph 2 hereof or, if not paid in such manner, by Borrower making payment, when due, directly to the payee thereof: Provided that . Borrower is not in breach shall promptly furnish to Lender all notices of any of its covenants, obligations or agreements amounts due under this Instrument paragraph, and no in the event Borrower shall make payment directly, Borrower shall promptly furnish to Lender receipts evidencing such payments. Borrower shall promptly discharge any lien which has priority over this Deed of default has occurred and is continuing under the Reimbursement Agreement or any other Loan DocumentTrust; provided, that Borrower shall not be required to pay or discharge any obligation imposed upon Borrower by this paragraph 4 such lien so long as Borrower has given written notice shall agree in writing to the payment of the same obligation secured by such lien in a manner acceptable to Lender and is if requested by Lender, immediately post with Lender an amount necessary to satisfy said obligation, or shall in good faith and at its sole cost and expense diligently contesting the same contest such lien by, or the validity thereof by appropriate defend enforcement of such lien in, legal proceedings, proceedings which proceedings must operate to prevent the collection thereof or realization thereon, the sale enforcement of such lien or forfeiture of the Property or any portion part thereof and, if requested by Lender, immediately post with Lender an amount necessary to satisfy the same; provided, however, that during such contest (i) Borrower shall, at the option of Lender, provide security reasonably satisfactory to Lender and sufficient in Lender's reasonable judgment to cover the amount of the contested obligations, with interest on such obligations (to the extent interest would be due the obligee) for that period that such proceedings may reasonably be expected to take, and of any additional interest, charge, fine, penalty, fee or expense arising from or incurred as a result of such contest, (ii) the title company insuring the Property agrees to insure over any potential lien that may result from such contest, and (iii) if at any time the payment of any obligation imposed upon Borrower by this paragraph 4 shall become necessary to prevent (a) the delivery of a tax deed conveying the Property or any portion thereof, or (b) the sale of the tax lien therefor because of non-payment or (c) the imposition of any penalty, fine, charge, fee, cost or expense on Lender, then Borrower shall pay the same in sufficient time to prevent the occurrence of any of the foregoingsaid obligation.

Charges; Liens. Uniform Covenant 4 Borrower(s) shall promptly pay, when due, all Condominium Assessments imposed by Lakeshore Reserve Condominium Association, Inc. or other governing body of Lakeshore Reserve Condominium (the “Condominium Association”) pursuant to the provisions of the Instrument ("Charges; Liens"Declaration, by-laws, rules and regulations or other constituent documents of Lakeshore Reserve Condominium. Borrower(s) is amended shall pay all taxes, assessments and other charges, fines and impositions attributable to add the following provisions at Property which may attain a priority over this Mortgage, in the end manner provided under Paragraph 2 hereof or, if not paid in such manner, by Borrower(s) making payment, when due, directly to the payee thereof: Provided that Borrower is not in breach . Borrower(s) shall promptly furnish to Lender all notices of any of its covenants, obligations or agreements amounts due under this Instrument Paragraph, and no in the event of default Borrower(s) shall make payment directly, Borrower(s) shall promptly furnish to Lender receipts evidencing such payments. Borrower(s) shall promptly discharge any lien which has occurred and is continuing under the Reimbursement Agreement or any other Loan Documentpriority over this Mortgage; provided, Borrower that Borrower(s) shall not be required to pay or discharge any obligation imposed upon Borrower by this paragraph 4 such lien so long as Borrower has given written notice Borrower(s) shall agree in writing to the payment of the same obligation secured by such lien in a manner acceptable to Lender and is and, if requested by Lender, immediately post with Lender an amount necessary to satisfy said obligation, or shall in good faith and at its sole cost and expense diligently contesting the same contest such lien by, or the validity thereof by appropriate defend enforcement of such lien in, legal proceedings, proceedings which proceedings must operate to prevent the collection thereof or realization thereon, enforcement of the sale lien or forfeiture of the Property or any portion part thereof and, if requested by Lender, immediately post with Lender an amount necessary to satisfy the same; provided, however, that during such contest (i) Borrower shall, at the option of Lender, provide security reasonably satisfactory to Lender and sufficient in Lender's reasonable judgment to cover the amount of the contested obligations, with interest on such obligations (to the extent interest would be due the obligee) for that period that such proceedings may reasonably be expected to take, and of any additional interest, charge, fine, penalty, fee or expense arising from or incurred as a result of such contest, (ii) the title company insuring the Property agrees to insure over any potential lien that may result from such contest, and (iii) if at any time the payment of any obligation imposed upon Borrower by this paragraph 4 shall become necessary to prevent (a) the delivery of a tax deed conveying the Property or any portion thereof, or (b) the sale of the tax lien therefor because of non-payment or (c) the imposition of any penalty, fine, charge, fee, cost or expense on Lender, then Borrower shall pay the same in sufficient time to prevent the occurrence of any of the foregoingsaid obligation.

Charges; Liens. Uniform Covenant 4 Borrower(s) shall promptly pay, when due, all Condominium Assessments imposed by Eagle Tree Condominium Association, Inc., or other governing body of Eagle Tree Condominium (the “Condominium Association”) or Eagle Tree Property Owners’ Association, Inc., pursuant to the provisions of the Instrument ("Charges; Liens"Declaration, by-laws, rules and regulations or other constituent documents of Eagle Tree Condominium, as well as the Master Declaration of Covenants, Conditions, Easements and Restrictions, bylaws, rules and regulations or other constituent documents of the Eagle Tree Property Owners’ Association, Inc. Borrower(s) is amended shall pay all taxes, assessments and other charges, fines and impositions attributable to add the following provisions at Property which may attain a priority over this Mortgage, in the end manner provided under Paragraph 2 hereof or, if not paid in such manner, by Borrower(s) making payment, when due, directly to the payee thereof: Provided that Borrower is not in breach . Borrower(s) shall promptly furnish to Lender all notices of any of its covenants, obligations or agreements amounts due under this Instrument Paragraph, and no in the event of default Borrower(s) shall make payment directly, Borrower(s) shall promptly furnish to Lender receipts evidencing such payments. Borrower(s) shall promptly discharge any lien which has occurred and is continuing under the Reimbursement Agreement or any other Loan Documentpriority over this Mortgage; provided, Borrower that Borrower(s) shall not be required to pay or discharge any obligation imposed upon Borrower by this paragraph 4 such lien so long as Borrower has given written notice Borrower(s) shall agree in writing to the payment of the same obligation secured by such lien in a manner acceptable to Lender and is and, if requested by Lender, immediately post with Lender an amount necessary to satisfy said obligation, or shall in good faith and at its sole cost and expense diligently contesting the same contest such lien by, or the validity thereof by appropriate defend enforcement of such lien in, legal proceedings, proceedings which proceedings must operate to prevent the collection thereof or realization thereon, enforcement of the sale lien or forfeiture of the Property or any portion part thereof and, if requested by Lender, immediately post with Lender an amount necessary to satisfy the same; provided, however, that during such contest (i) Borrower shall, at the option of Lender, provide security reasonably satisfactory to Lender and sufficient in Lender's reasonable judgment to cover the amount of the contested obligations, with interest on such obligations (to the extent interest would be due the obligee) for that period that such proceedings may reasonably be expected to take, and of any additional interest, charge, fine, penalty, fee or expense arising from or incurred as a result of such contest, (ii) the title company insuring the Property agrees to insure over any potential lien that may result from such contest, and (iii) if at any time the payment of any obligation imposed upon Borrower by this paragraph 4 shall become necessary to prevent (a) the delivery of a tax deed conveying the Property or any portion thereof, or (b) the sale of the tax lien therefor because of non-payment or (c) the imposition of any penalty, fine, charge, fee, cost or expense on Lender, then Borrower shall pay the same in sufficient time to prevent the occurrence of any of the foregoingsaid obligation.

Charges; Liens. Uniform Covenant 4 Borrower(s) shall promptly pay, when due, all Condominium Assessments imposed by HAB Condominium Association, Inc. or other governing body of HAB Condominium (the “Condominium Association”) pursuant to the provisions of the Instrument ("Charges; Liens"Declaration, Bylaws, Rules and Regulations or other constituent documents of HAB Condominium. Borrower(s) is amended shall pay all taxes, assessments and other charges, fines and impositions attributable to add the following provisions at Property which may attain a priority over this Deed of Trust, in the end manner provided under Paragraph 2 hereof or, if not paid in such manner, by Borrower(s) making payment, when due, directly to the payee thereof: Provided that Borrower is not in breach . Borrower(s) shall promptly furnish to Lender all notices of any of its covenants, obligations or agreements amounts due under this Instrument Paragraph, and no in the event Borrower(s) shall make payment directly, Borrower(s) shall promptly furnish to Lender receipts evidencing such payments. Borrower(s) shall promptly discharge any lien which has priority over this Deed of default has occurred and is continuing under the Reimbursement Agreement or any other Loan DocumentTrust; provided, Borrower that Borrower(s) shall not be required to pay or discharge any obligation imposed upon Borrower by this paragraph 4 such lien so long as Borrower has given written notice Borrower(s) shall agree in writing to the payment of the same obligation secured by such lien in a manner acceptable to Lender and is and, if requested by Lender, immediately post with Lender an amount necessary to satisfy said obligation, or shall in good faith and at its sole cost and expense diligently contesting the same contest such lien by, or the validity thereof by appropriate defend enforcement of such lien in, legal proceedings, proceedings which proceedings must operate to prevent the collection thereof or realization thereon, enforcement of the sale lien or forfeiture of the Property or any portion part thereof and, if requested by Lender, immediately post with Lender an amount necessary to satisfy the same; provided, however, that during such contest (i) Borrower shall, at the option of Lender, provide security reasonably satisfactory to Lender and sufficient in Lender's reasonable judgment to cover the amount of the contested obligations, with interest on such obligations (to the extent interest would be due the obligee) for that period that such proceedings may reasonably be expected to take, and of any additional interest, charge, fine, penalty, fee or expense arising from or incurred as a result of such contest, (ii) the title company insuring the Property agrees to insure over any potential lien that may result from such contest, and (iii) if at any time the payment of any obligation imposed upon Borrower by this paragraph 4 shall become necessary to prevent (a) the delivery of a tax deed conveying the Property or any portion thereof, or (b) the sale of the tax lien therefor because of non-payment or (c) the imposition of any penalty, fine, charge, fee, cost or expense on Lender, then Borrower shall pay the same in sufficient time to prevent the occurrence of any of the foregoingsaid obligation.

Charges; Liens. Uniform Covenant 4 Borrower(s) shall promptly pay, when due, all Trust Assessments imposed by MVC Trust Owners Association, Inc., or other governing body of the Instrument Trust ("Charges; Liens"the “Trust Association”) is amended pursuant to add the following provisions at of the end Trust Agreement, Bylaws of the Trust Association, or other constituent documents of the Trust. Borrower(s) shall pay all taxes, assessments and other charges, fines and impositions attributable to the Property which may attain a priority over this Mortgage, in the manner provided under Paragraph 2 hereof or, if not paid in such manner, by Borrower(s) making payment, when due, directly to the payee thereof: Provided that Borrower is not in breach . Borrower(s) shall promptly furnish to Lender all notices of any of its covenants, obligations or agreements amounts due under this Instrument Paragraph, and no in the event of default Borrower(s) shall make payment directly, Borrower(s) shall promptly furnish to Lender receipts evidencing such payments. Borrower(s) shall promptly discharge any lien which has occurred and is continuing under the Reimbursement Agreement or any other Loan Documentpriority over this Mortgage; provided, Borrower that Borrower(s) shall not be required to pay or discharge any obligation imposed upon Borrower by this paragraph 4 such lien so long as Borrower has given written notice Borrower(s) shall agree in writing to the payment of the same obligation secured by such lien in a manner acceptable to Lender and is and, if requested by Lender, immediately post with Lender an amount necessary to satisfy said obligation, or shall in good faith and at its sole cost and expense diligently contesting the same contest such lien by, or the validity thereof by appropriate defend enforcement of such lien in, legal proceedings, proceedings which proceedings must operate to prevent the collection thereof or realization thereon, enforcement of the sale lien or forfeiture of the Property or any portion part thereof and, if requested by Lender, immediately post with Lender an amount necessary to satisfy the same; provided, however, that during such contest (i) Borrower shall, at the option of Lender, provide security reasonably satisfactory to Lender and sufficient in Lender's reasonable judgment to cover the amount of the contested obligations, with interest on such obligations (to the extent interest would be due the obligee) for that period that such proceedings may reasonably be expected to take, and of any additional interest, charge, fine, penalty, fee or expense arising from or incurred as a result of such contest, (ii) the title company insuring the Property agrees to insure over any potential lien that may result from such contest, and (iii) if at any time the payment of any obligation imposed upon Borrower by this paragraph 4 shall become necessary to prevent (a) the delivery of a tax deed conveying the Property or any portion thereof, or (b) the sale of the tax lien therefor because of non-payment or (c) the imposition of any penalty, fine, charge, fee, cost or expense on Lender, then Borrower shall pay the same in sufficient time to prevent the occurrence of any of the foregoingsaid obligation.

Charges; Liens. Uniform Covenant 4 Borrower(s) shall promptly pay, when due, all Condominium Assessments imposed by Custom House Leasehold Condominium Association, LLC or other governing body of Custom House Leasehold Condominium (the “Condominium Association”) pursuant to the provisions of the Instrument ("Charges; Liens"Master Deed, operating agreement and by-laws, rules and regulations or other constituent documents of Custom House Leasehold Condominium. Borrower(s) is amended shall pay all charges, fines and impositions attributable to add the following provisions at Property which may attain a priority over this Mortgage, in the end manner provided under Paragraph 2 hereof or, if not paid in such manner, by Borrower(s) making payment, when due, directly to the payee thereof: Provided that Borrower is not in breach . Borrower(s) shall promptly furnish to Lender all notices of any of its covenants, obligations or agreements amounts due under this Instrument Paragraph, and no in the event of default Borrower(s) shall make payment directly, Borrower(s) shall promptly furnish to Lender receipts evidencing such payments. Borrower(s) shall promptly discharge any lien which has occurred and is continuing under the Reimbursement Agreement or any other Loan Documentpriority over this Mortgage; provided, Borrower that Borrower(s) shall not be required to pay or discharge any obligation imposed upon Borrower by this paragraph 4 such lien so long as Borrower has given written notice Borrower(s) shall agree in writing to the payment of the same obligation secured by such lien in a manner acceptable to Lender and is and, if requested by Lender, immediately post with Lender an amount necessary to satisfy said obligation, or shall in good faith and at its sole cost and expense diligently contesting the same contest such lien by, or the validity thereof by appropriate defend enforcement of such lien in, legal proceedings, proceedings which proceedings must operate to prevent the collection thereof or realization thereon, enforcement of the sale lien or forfeiture of the Property or any portion part thereof and, if requested by Lender, immediately post with Lender an amount necessary to satisfy the same; provided, however, that during such contest (i) Borrower shall, at the option of Lender, provide security reasonably satisfactory to Lender and sufficient in Lender's reasonable judgment to cover the amount of the contested obligations, with interest on such obligations (to the extent interest would be due the obligee) for that period that such proceedings may reasonably be expected to take, and of any additional interest, charge, fine, penalty, fee or expense arising from or incurred as a result of such contest, (ii) the title company insuring the Property agrees to insure over any potential lien that may result from such contest, and (iii) if at any time the payment of any obligation imposed upon Borrower by this paragraph 4 shall become necessary to prevent (a) the delivery of a tax deed conveying the Property or any portion thereof, or (b) the sale of the tax lien therefor because of non-payment or (c) the imposition of any penalty, fine, charge, fee, cost or expense on Lender, then Borrower shall pay the same in sufficient time to prevent the occurrence of any of the foregoingsaid obligation.

Charges; Liens. Uniform Covenant 4 Borrower(s) shall promptly pay, when due, all Condominium Assessments imposed by SurfWatch Owners Association Inc. or other governing body of SurfWatch Horizontal Property Regime (the “Condominium Association”) pursuant to the provisions of the Instrument ("Charges; Liens"Master Deed, Time Sharing Declaration, By-Laws, Rules and Regulations or other constituent documents of SurfWatch Horizontal Property Regime. Borrower(s) is amended shall pay all taxes, assessments and other charges, fines and impositions attributable to add the following provisions at Property which may attain a priority over this Mortgage, in the end manner provided under paragraph 2 hereof or, if not paid in such manner, by Borrower(s) making payment, when due, directly to the payee thereof: Provided that Borrower is not in breach . Borrower(s) shall promptly furnish to Lender all notices of any of its covenants, obligations or agreements amounts due under this Instrument Paragraph, and no in the event of default Borrower(s) shall make payment directly, Borrower(s) shall promptly furnish to Lender receipts evidencing such payments. Borrower(s) shall promptly discharge any lien which has occurred and is continuing under the Reimbursement Agreement or any other Loan Documentpriority over this Mortgage; provided, Borrower that Borrower(s) shall not be required to pay or discharge any obligation imposed upon Borrower by this paragraph 4 such lien so long as Borrower has given written notice Borrower(s) shall agree in writing to the payment of the same obligation secured by such lien in a manner acceptable to Lender and is and, if requested by Lender, immediately post with Lender an amount necessary to satisfy said obligation, or shall in good faith and at its sole cost and expense diligently contesting the same contest such lien by, or the validity thereof by appropriate defend enforcement of such lien in, legal proceedings, proceedings which proceedings must operate to prevent the collection thereof or realization thereon, enforcement of the sale lien or forfeiture of the Property or any portion part thereof and, if requested by Lender, immediately post with Lender an amount necessary to satisfy the same; provided, however, that during such contest (i) Borrower shall, at the option of Lender, provide security reasonably satisfactory to Lender and sufficient in Lender's reasonable judgment to cover the amount of the contested obligations, with interest on such obligations (to the extent interest would be due the obligee) for that period that such proceedings may reasonably be expected to take, and of any additional interest, charge, fine, penalty, fee or expense arising from or incurred as a result of such contest, (ii) the title company insuring the Property agrees to insure over any potential lien that may result from such contest, and (iii) if at any time the payment of any obligation imposed upon Borrower by this paragraph 4 shall become necessary to prevent (a) the delivery of a tax deed conveying the Property or any portion thereof, or (b) the sale of the tax lien therefor because of non-payment or (c) the imposition of any penalty, fine, charge, fee, cost or expense on Lender, then Borrower shall pay the same in sufficient time to prevent the occurrence of any of the foregoingsaid obligation.

Charges; Liens. Uniform Covenant 4 Borrower shall promptly pay, when due, all Maintenance Fees imposed by the Association pursuant to the provisions of the Instrument ("Charges; Liens") is amended Condominium Documents. Borrower shall pay all taxes, Maintenance Fees and other charges, fines and impositions attributable to add the following provisions at Mortgaged Premises which may attain a priority over this Mortgage, in the end manner provided under Paragraph 1 hereof or, if not paid in such manner, by Borrower making payment, when due, directly to the payee thereof: Provided that . Borrower is not in breach shall promptly furnish to Lender all notices of any of its covenants, obligations or agreements amounts due under this Instrument Paragraph, and no in the event of default Borrower shall make payment directly, Borrower shall promptly furnish to Lender receipts evidencing such payments. Borrower shall promptly discharge any lien which has occurred and is continuing under the Reimbursement Agreement or any other Loan Documentpriority over this Mortgage; provided, that Borrower shall not be required to pay or discharge any obligation imposed upon Borrower by this paragraph 4 such lien so long as Borrower has given written notice shall agree in writing to the payment of the same obligation secured by such lien in a manner acceptable to Lender and is if requested by Lender, immediately post with Lender an amount necessary to satisfy said obligation, or shall in good faith and at its sole cost and expense diligently contesting the same contest such lien by, or the validity thereof by appropriate defend enforcement of such lien in, legal proceedings, proceedings which proceedings must operate to prevent the collection thereof or realization thereon, the sale enforcement of such lien or forfeiture of the Property Mortgaged Premises or any portion part thereof and, if requested by Lender, immediately post with Lender an amount necessary to satisfy the same; provided, however, that during such contest (i) Borrower shall, at the option of Lender, provide security reasonably satisfactory to Lender and sufficient in Lender's reasonable judgment to cover the amount of the contested obligations, with interest on such obligations (to the extent interest would be due the obligee) for that period that such proceedings may reasonably be expected to take, and of any additional interest, charge, fine, penalty, fee or expense arising from or incurred as a result of such contest, (ii) the title company insuring the Property agrees to insure over any potential lien that may result from such contest, and (iii) if at any time the payment of any obligation imposed upon Borrower by this paragraph 4 shall become necessary to prevent (a) the delivery of a tax deed conveying the Property or any portion thereof, or (b) the sale of the tax lien therefor because of non-payment or (c) the imposition of any penalty, fine, charge, fee, cost or expense on Lender, then Borrower shall pay the same in sufficient time to prevent the occurrence of any of the foregoingsaid obligation.

Charges; Liens. Uniform Covenant 4 Borrower shall promptly pay, when due, all Condominium and Resort Owner Association Assessments imposed by the applicable Condominium or Resort Owners Association pursuant to the provisions of the Instrument declarations, bylaws, rules and regulations or other constituent documents applicable to the Property ("Charges; Liens") is amended the “Project Documents”). Borrower shall pay all taxes, assessments and other charges, fines and impositions attributable to add the following provisions at Property which may attain a priority over this Deed of Trust, in the end manner provided under paragraph 2 hereof or, if not paid in such manner, by Borrower making payment, when due, directly to the payee thereof: Provided that . Borrower is not in breach shall promptly furnish to Lender all notices of any of its covenants, obligations or agreements amounts due under this Instrument Paragraph, and no in the event Borrower shall make payment directly, Borrower shall promptly furnish to Lender receipts evidencing such payments. Borrower shall promptly discharge any lien which has priority over this Deed of default has occurred and is continuing under the Reimbursement Agreement or any other Loan DocumentTrust; provided, that Borrower shall not be required to pay or discharge any obligation imposed upon Borrower by this paragraph 4 such lien so long as Borrower has given written notice shall agree in writing to the payment of the same obligation secured by such lien in a manner acceptable to Lender and is if requested by Lender, immediately post with Lender an amount necessary to satisfy said obligation, or shall in good faith and at its sole cost and expense diligently contesting the same contest such lien by, or the validity thereof by appropriate defend enforcement of such lien in, legal proceedings, proceedings which proceedings must operate to prevent the collection thereof or realization thereon, the sale enforcement of such lien or forfeiture of the Property or any portion part thereof and, if requested by Lender, immediately post with Lender an amount necessary to satisfy the same; provided, however, that during such contest (i) Borrower shall, at the option of Lender, provide security reasonably satisfactory to Lender and sufficient in Lender's reasonable judgment to cover the amount of the contested obligations, with interest on such obligations (to the extent interest would be due the obligee) for that period that such proceedings may reasonably be expected to take, and of any additional interest, charge, fine, penalty, fee or expense arising from or incurred as a result of such contest, (ii) the title company insuring the Property agrees to insure over any potential lien that may result from such contest, and (iii) if at any time the payment of any obligation imposed upon Borrower by this paragraph 4 shall become necessary to prevent (a) the delivery of a tax deed conveying the Property or any portion thereof, or (b) the sale of the tax lien therefor because of non-payment or (c) the imposition of any penalty, fine, charge, fee, cost or expense on Lender, then Borrower shall pay the same in sufficient time to prevent the occurrence of any of the foregoingsaid obligation.

Charges; Liens. Uniform Covenant 4 of Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Instrument ("Charges; Liens") is amended to add Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these obligations in the following provisions at the end thereof: Provided manner provided in paragraph 2, or if not paid in that Borrower is not in breach of any of its covenants, obligations or agreements under this Instrument and no event of default has occurred and is continuing under the Reimbursement Agreement or any other Loan Documentmanner, Borrower shall not pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be required paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish to pay or discharge any obligation imposed upon Borrower by this paragraph 4 so long as Borrower has given written notice Lender receipts evidencing the payments. (a) agrees in writing to the payment of the same obligation secured by the lien in a manner acceptable to Lender and is Lender; (b) contests in good faith and at its sole cost and expense diligently contesting the same lien by, or defends against enforcement of the validity thereof by appropriate lien in, legal proceedings, proceedings which proceedings must in the Lender's opinion operate to prevent the collection thereof or realization thereon, the sale or forfeiture enforcement of the Property or any portion thereof to satisfy the samelien; provided, however, that during such contest (i) Borrower shall, at the option of Lender, provide security reasonably satisfactory to Lender and sufficient in Lender's reasonable judgment to cover the amount of the contested obligations, with interest on such obligations (to the extent interest would be due the obligee) for that period that such proceedings may reasonably be expected to take, and of any additional interest, charge, fine, penalty, fee or expense arising from or incurred as a result of such contest, (ii) the title company insuring the Property agrees to insure over any potential lien that may result from such contest, and (iii) if at any time the payment of any obligation imposed upon Borrower by this paragraph 4 shall become necessary to prevent (a) the delivery of a tax deed conveying the Property or any portion thereof, or (b) the sale of the tax lien therefor because of non-payment or (c) secures from the imposition holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any penaltypart of the Property is subject to a lien which may attain priority over this Security Instrument, fine, charge, fee, cost Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or expense on Lender, then take one or more of the actions set forth above within 10 days of the giving of notice. Borrower shall pay to Lender such fees and other charges as may now or hereafter be required by regulations of Lender, and pay or reimburse Lender for all of Lender's fees, costs, and expenses in connection with any full or partial release or subordination of this instrument or any other transaction affecting the same in sufficient time to prevent the occurrence of any of the foregoingproperty.

Charges; Liens. Uniform Covenant 4 (a) Borrower shall pay promptly when due, all of the Instrument ("Charges, and promptly discharge any Liens, encumbrances or other claims against the Collateral; Liens") is amended to add the following provisions at the end thereof: Provided provided, that Borrower is not in breach of any of its covenants, obligations or agreements under this Instrument and no event of default has occurred and is continuing under the Reimbursement Agreement or any other Loan Document, Borrower shall not be required to take such steps with respect to Collateral consisting of the underlying collateral for the SBA 7 (a) Loans granted to Borrower to secure the obligations of the Term Loan Debtors. Except for Liens in favor of Lender and any other Permitted Liens, if Borrower, at any time or times hereafter, shall fail to pay any Charges when due or promptly obtain the discharge of such Charges or of any Lien, claim or encumbrance asserted against the Collateral, subject to the provisions of Section 5.13(b) below, Lender may, without waiving or releasing any obligation imposed upon or liability of Borrower by this paragraph 4 so long as Borrower has given written notice hereunder or any Event of Default, in its sole discretion, at any time or times thereafter, make such payment, or any part thereof, or obtain such discharge and take any other action with respect thereto which Lender deems advisable; provided, that Lender shall not be entitled to take such steps with respect to Collateral consisting of the same underlying collateral for the SBA 7 (a) Loans granted to Borrower to secure the obligations of the Term Loan Debtors. All sums so paid by Lender and any expenses, including reasonable attorneys’ fees, court costs, expenses and other reasonable charges relating thereto, shall be payable, upon demand, by Borrower to Lender and is shall be additional Obligations hereunder secured by the Collateral. (b) Borrower may in good faith and at its sole cost and expense diligently contesting the same contest, by proper legal actions or proceedings, the validity thereof by appropriate legal proceedingsor amount of any Charges or claims, which proceedings must operate and provided that Borrower gives Lender advance notice of its intention to prevent contest the collection thereof validity or realization thereonamount of any such Charge or claim, Lender will forebear from making any payment or otherwise obtaining the sale discharge of such Charge or forfeiture claim if at the time of the Property commencement of any such action or any portion proceeding, and during the pendency thereof to satisfy the same; provided, however, that during such contest (i) no Event of Default shall have occurred and be continuing, (ii) reserves with respect thereto are maintained on the books of Borrower shall, at the option of in an amount reasonably acceptable to Lender, provide security reasonably satisfactory (iii) such contest operates to Lender and sufficient in Lender's reasonable judgment to cover the amount suspend collection of the contested obligationsCharges or claims and is maintained and prosecuted continuously with diligence, with interest on (iv) none of the Collateral will be subject to forfeiture or loss of any Lien in favor of Lender by reason of the institution or prosecution of such obligations contest, (to the extent interest would be due the obligeev) for no Lien that period that such proceedings may reasonably be expected to takeprime the Liens of Lender shall exist for such Charges or claims during such action or proceeding, (vi) Borrower shall promptly pay or discharge such contested Charges and all additional charges, interests, penalties and expenses, if any, and of any additional interest, charge, fine, penalty, fee or expense arising from or incurred as a result shall deliver to Lender evidence reasonably acceptable to Lender of such contestcompliance, (ii) the title company insuring the Property agrees payment or discharge, if such contest is terminated or discontinued adversely to insure over any potential lien that may result from such contestBorrower, and (iiivii) if at any time the payment of any obligation imposed upon Lender has not advised Borrower by this paragraph 4 shall become necessary to prevent (a) the delivery of a tax deed conveying the Property or any portion thereof, or (b) the sale of the tax lien therefor because of in writing that Lender reasonably believes that non-payment or (c) the imposition of any penalty, fine, charge, fee, cost or expense on Lender, then Borrower shall pay the same non-discharge thereof could reasonably be expected to result in sufficient time to prevent the occurrence of any of the foregoinga Material Adverse Change.

Charges; Liens. Uniform Covenant 4 of the Instrument ("Charges; Liens") is amended to add the following provisions at the end thereof: Provided that Borrower is not in breach of any of its covenants, obligations or agreements under this Instrument and no event of default has occurred and is continuing under the Reimbursement Agreement Note or any other Loan Document, Borrower shall not be required to pay or discharge any obligation imposed upon Borrower by this paragraph 4 so long as Borrower has given written notice of the same to Lender and is in good faith and at its sole cost and expense diligently contesting the same or the validity thereof by appropriate legal proceedings, which proceedings must operate to prevent the collection thereof or realization thereon, the sale or forfeiture of the Property or any portion thereof to satisfy the same; provided, however, that during such contest (i) Borrower shall, at the option of Lender, provide security reasonably satisfactory to Lender and sufficient in Lender's reasonable judgment to cover the amount of the contested obligations, with interest on such obligations (to the extent interest would be due the obligee) for that period that such proceedings may reasonably be expected to take, and of any additional interest, charge, fine, penalty, fee or expense arising from or incurred as a result of such contest, (ii) the title company insuring the Property agrees to insure over any potential lien that may result from such contest, and (iii) if at any time the payment of any obligation imposed upon Borrower by this paragraph 4 shall become necessary to prevent (a) the delivery of a tax deed conveying the Property or any portion thereof, or (b) the sale of the tax lien therefor because of non-payment payment, or (c) the imposition of any penalty, fine, charge, fee, cost or expense on Lender, then Borrower shall pay the same in sufficient time to prevent the occurrence of any of the foregoing.

Charges; Liens. Uniform Covenant 4 of the Instrument ("Charges; Liens") is amended to add the following provisions at the end thereof: Provided that Borrower is not in breach of any of its covenants, obligations or agreements under this Instrument and no event of default has occurred and is continuing under the Reimbursement Agreement Note or any other Loan Document, Borrower shall not be required to pay or discharge any obligation imposed upon Borrower by this paragraph 4 so long as Borrower has given written notice of the same to Lender and is in good faith and at its sole cost and expense diligently contesting the same or the validity thereof by appropriate legal proceedings, which proceedings must operate to prevent the collection thereof or realization thereon, the sale or forfeiture of the Property or any portion thereof to satisfy the same; provided, however, that during such contest (i) Borrower shall, at the option of Lender, provide security reasonably satisfactory to Lender and sufficient in Lender's reasonable judgment to cover the amount of the contested obligations, with interest on such obligations (to the extent interest would be due the obligee) for that period that such proceedings may reasonably be expected to take, and of any additional interest, charge, fine, penalty, fee or expense arising from or incurred as a result of such contest, (ii) the title company insuring the Property agrees to insure over any potential lien that may result from such contest, and (iii) if at any time the payment of any obligation imposed upon Borrower by this paragraph 4 shall become necessary to prevent (a) the delivery of a tax deed conveying the Property or any portion thereof, or (b) the sale of the tax lien therefor because of non-payment or (c) the imposition of any penalty, fine, charge, fee, cost or expense on Lender, then Borrower shall pay the same in sufficient time to prevent the occurrence of any of the foregoing.

Charges; Liens. Uniform Covenant 4 of Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Instrument ("Charges; Liens") is amended to add Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the following provisions at Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the end thereof: Provided extent that Borrower is not in breach of any of its covenants, obligations or agreements under this Instrument and no event of default has occurred and is continuing under the Reimbursement Agreement or any other Loan Documentthese items are Escrow Items, Borrower shall not be required pay them in the manner provided in Section 3. (a) agrees in writing to pay or discharge any the payment of the obligation imposed upon Borrower secured by this paragraph 4 the lien in a manner acceptable to Lender, but only so long as Borrower has given written notice of Xxxxxxxx is performing such agreement; (b) contests the same to Lender and is lien in good faith and at its sole cost and expense diligently contesting by, or defends against enforcement of the same or the validity thereof by appropriate lien in, legal proceedings, proceedings which proceedings must in Xxxxxx's opinion operate to prevent the collection thereof or realization thereon, the sale or forfeiture enforcement of the Property or any portion thereof to satisfy the same; providedlien while those proceedings are pending, however, that during such contest (i) Borrower shall, at the option of Lender, provide security reasonably satisfactory to Lender and sufficient in Lender's reasonable judgment to cover the amount of the contested obligations, with interest on such obligations (to the extent interest would be due the obligee) for that period that but only until such proceedings may reasonably be expected to take, and of any additional interest, charge, fine, penalty, fee or expense arising from or incurred as a result of such contest, (ii) the title company insuring the Property agrees to insure over any potential lien that may result from such contest, and (iii) if at any time the payment of any obligation imposed upon Borrower by this paragraph 4 shall become necessary to prevent (a) the delivery of a tax deed conveying the Property or any portion thereof, or (b) the sale of the tax lien therefor because of non-payment are concluded; or (c) secures from the imposition holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any penaltypart of the Property is subject to a lien which can attain priority over this Security Instrument, fineLender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, charge, fee, cost or expense on Lender, then Borrower shall pay satisfy the same in sufficient time to prevent the occurrence of any lien or take one or more of the foregoingactions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. Borrower shall perform all of Borrwer's obligations under the Prior Lien and under any other mortgage, deed of trust or other security agreement with a lien that has propriety over this Security Instrument (without implying that any such other prior liens are permitted hereunder, such other prior liens being expressly prohibited), including Xxxxxxxx's covenants to make payments when due. Borrower shall not enter into any agreement with the holder of the Prior Lien by which any agreement evidencing the Prior Lien is modified, amended, extended, or renewed without the prior written consent of Lender. Borrower shall neither request nor accept any future advances under the Prior Lien without the prior written consent of Xxxxxx.

Charges; Liens. Uniform Covenant 4 of the Instrument Unless Lender shall be collecting ("Charges; Liens"and Borrower shall have paid as required) is amended Impounds pursuant to add the following provisions at the end thereof: Provided that Borrower is not in breach of any of its covenants, obligations or agreements under this Instrument and no event of default has occurred and is continuing under the Reimbursement Agreement or any other Loan DocumentSection 1.04 above, Borrower shall pay, at Borrower's cost and expense, all Impositions attributable to the Properly, the Note, this Security Instrument, or any part thereof or interest therein by Borrower making or causing to be made payment, when due, directly to the payee thereof, or in such other manner as Lender may designate in writing. Borrower shall promptly furnish to Lender all notices of amounts due under this Section 1.06, and if Borrower shall make payment directly, Borrower shall promptly furnish to Lender receipts evidencing such payments. Borrower shall pay and promptly discharge, at Borrower's cost and expense, all liens, encumbrances and charges upon, and the claims of all persons supplying labor or materials to or in connection with, the Property, or any part thereof or interest therein, without regard to whether such lien, encumbrance, charge or claim is or may be senior and superior to, equal with or junior and inferior to the lien of this Security Instrument. If Borrower shall fail to pay, remove and discharge any such lien, encumbrance, charge or claim, then in addition to any other right or remedy of Lender, Lender may, but shall not be required obligated to, discharge the same, either by paying the amount claimed to be due or by procuring the discharge of such lien, encumbrance, charge or claim by depositing in a court a bond or the amount claimed or otherwise giving security for such claim, or by procuring such discharge in such manner as is or may be prescribed by law. Borrower shall, immediately upon demand therefor by Xxxxxx, pay or to Lender an amount equal to all costs and expenses incurred by Lender in connection with the exercise by Lender of the foregoing right to discharge any obligation imposed upon such lien, encumbrance, charge or claim, together with interest thereon from the date of such expenditure at the Default Rate. Borrower by this paragraph 4 so long as Borrower has given shall give Lender prompt written notice of the same to Lender and is in good faith and at its sole cost and expense diligently contesting the same or the validity thereof by appropriate legal proceedings, which proceedings must operate to prevent the collection thereof or realization thereon, the sale or forfeiture of the Property or any portion thereof to satisfy the same; provided, however, that during such contest (i) Borrower shall, at the option of Lender, provide security reasonably satisfactory to Lender and sufficient in Lender's reasonable judgment to cover the amount of the contested obligations, with interest on such obligations (to the extent interest would be due the obligee) for that period that such proceedings may reasonably be expected to take, and of any additional interest, charge, fine, penalty, fee or expense arising from or incurred as a result of such contest, (ii) the title company insuring the Property agrees to insure over any potential lien that may result from such contest, and (iii) if at any time the payment of any obligation imposed upon Borrower by this paragraph 4 shall become necessary to prevent (a) the delivery proposed creation of a tax deed conveying the Property any county, municipal, quasi governmental or other improvement or special district of any portion thereof, nature or (b) any action in respect to such district, which may affect the sale Property, including, without limitation, any proposed service plan or modification of such plan, proposed organization of such district and election in regard to such organization, the proposed issuance of bonds by such district and election in regard to such issuance and the proposed inclusion of the tax lien therefor because of non-payment or (c) Properly in any such district, and Borrower shall not consent to the imposition creation of any penalty, fine, charge, fee, cost such district or expense on any such action in respect to such district without the prior written consent of Lender, then Borrower which consent shall pay the same in sufficient time to prevent the occurrence of any of the foregoingnot be unreasonably withheld.

Charges; Liens. Uniform Covenant 4 (a) Borrower shall pay promptly when due, all of the Instrument ("Charges, and promptly discharge any Liens, encumbrances or other claims against the Collateral; Liens") is amended to add the following provisions at the end thereof: Provided provided, that Borrower is not in breach of any of its covenants, obligations or agreements under this Instrument and no event of default has occurred and is continuing under the Reimbursement Agreement or any other Loan Document, Borrower shall not be required to take such steps with respect to Collateral consisting of the underlying collateral for the SBA 7(a) Loans granted to Borrower to secure the obligations of the Term Loan Debtors. Except for Liens in favor of Lender and any other Permitted Liens, if Borrower, at any time or times hereafter, shall fail to pay any Charges when due or promptly obtain the discharge of such Charges or of any Lien, claim or encumbrance asserted against the Collateral, subject to the provisions of Section 5.13(b) below, Lender may, without waiving or releasing any obligation imposed upon or liability of Borrower by this paragraph 4 so long as Borrower has given written notice hereunder or any Event of Default, in its sole discretion, at any time or times thereafter, make such payment, or any part thereof, or obtain such discharge and take any other action with respect thereto which Lender deems advisable; provided, that Lender shall not be entitled to take such steps with respect to Collateral consisting of the same underlying collateral for the SBA 7(a) Loans granted to Borrower to secure the obligations of the Term Loan Debtors. All sums so paid by Lender and any expenses, including reasonable attorneys’ fees, court costs, expenses and other reasonable charges relating thereto, shall be payable, upon demand, by Borrower to Lender and is shall be additional Obligations hereunder secured by the Collateral. (b) Borrower may in good faith and at its sole cost and expense diligently contesting the same contest, by proper legal actions or proceedings, the validity thereof by appropriate legal proceedingsor amount of any Charges or claims, which proceedings must operate and provided that Borrower gives Lender advance notice of its intention to prevent contest the collection thereof validity or realization thereonamount of any such Charge or claim, Lender will forebear from making any payment or otherwise obtaining the sale discharge of such Charge or forfeiture claim if at the time of the Property commencement of any such action or any portion proceeding, and during the pendency thereof to satisfy the same; provided, however, that during such contest (i) no Event of Default shall have occurred and be continuing, (ii) reserves with respect thereto are maintained on the books of Borrower shall, at the option of in an amount reasonably acceptable to Lender, provide security reasonably satisfactory (iii) such contest operates to Lender and sufficient in Lender's reasonable judgment to cover the amount suspend collection of the contested obligationsCharges or claims and is maintained and prosecuted continuously with diligence, with interest on (iv) none of the Collateral will be subject to forfeiture or loss of any Lien in favor of Lender by reason of the institution or prosecution of such obligations contest, (to the extent interest would be due the obligeev) for no Lien that period that such proceedings may reasonably be expected to takeprime the Liens of Lender shall exist for such Charges or claims during such action or proceeding, (vi) Borrower shall promptly pay or discharge such contested Charges and all additional charges, interests, penalties and expenses, if any, and of any additional interest, charge, fine, penalty, fee or expense arising from or incurred as a result shall deliver to Lender evidence reasonably acceptable to Lender of such contestcompliance, (ii) the title company insuring the Property agrees payment or discharge, if such contest is terminated or discontinued adversely to insure over any potential lien that may result from such contestBorrower, and (iiivii) if at any time the payment of any obligation imposed upon Lender has not advised Borrower by this paragraph 4 shall become necessary to prevent (a) the delivery of a tax deed conveying the Property or any portion thereof, or (b) the sale of the tax lien therefor because of in writing that Lender reasonably believes that non-payment or (c) the imposition of any penalty, fine, charge, fee, cost or expense on Lender, then Borrower shall pay the same non-discharge thereof could reasonably be expected to result in sufficient time to prevent the occurrence of any of the foregoinga Material Adverse Change.