Common use of Charges; Liens Clause in Contracts

Charges; Liens. Borrower shall pay all Impositions attributable to the Property in the manner provided under Section 2 hereof or, if not paid in such manner, by Borrower making payment, when due, directly to the payee thereof, or in such other manner as METLIFE may designate in writing. If requested by METLIFE, Borrower shall promptly furnish to METLIFE all notices of Impositions which become due, and in the event Borrower shall make payment directly, Borrower shall promptly furnish to METLIFE receipts evidencing such payments. Borrower shall promptly discharge any lien which has, or may have, priority over or equality with, the lien of this Instrument, and Borrower shall pay, when due, the claims of all persons supplying labor or materials to or in connection with the Property. Without METLIFE's prior written permission, Borrower shall not allow any lien inferior to this Instrument to be perfected against the Property. If any lien inferior to this Instrument is filed against the Property without METLIFE's prior written permission and without the consent of Borrower, Borrower shall, within thirty (30) days after receiving notice of the filing of such lien, cause such lien to be released of record and deliver evidence of such release to METLIFE.

Appears in 3 contracts

Samples: Nations Flooring Inc, Jevic Transportation Inc, Secom General Corp

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Charges; Liens. Borrower shall pay all water and sewer rates, rents, taxes, assessments, premiums, and Other Impositions attributable to the Property in the manner provided under Section 2 hereof or, if not paid in such mannerProperty, by Borrower making payment, when due, within the applicable payment period directly to the payee thereofthereof provided that after a Borrower’s Default under this Agreement or the Instrument or after one or more payment delinquencies in respect of such payments have occurred, at Lender’s option, Borrower shall make such payments in the manner provided under paragraph 3 hereof, or in such other manner as METLIFE Lender may designate in writing. If requested by METLIFE, Borrower shall promptly furnish to METLIFE all notices Lender copies of Impositions which become due, paid receipts of taxes and in the event Borrower shall make payment directly, Borrower shall promptly furnish to METLIFE receipts assessments evidencing such paymentspayments within thirty (30) days of the end of each calendar year. Borrower shall promptly discharge any lien which has, or may have, priority over or equality with, the lien of this the Instrument, and Borrower shall pay, when due, the claims of all persons supplying labor or materials to or in connection with the Property. Without METLIFE's Lender’s prior written permission, Borrower shall not allow any lien inferior to this the Instrument to be perfected against the Property. If any lien inferior to this Instrument is filed exist against the Property without METLIFE's prior written permission except for permitted Encumbrances and without as otherwise provided herein and in the consent of Borrower, Borrower shall, within thirty (30) days after receiving notice of the filing of such lien, cause such lien to be released of record and deliver evidence of such release to METLIFEInstrument.

Appears in 2 contracts

Samples: Loan Agreement (Davco Acquisition Holding Inc), Loan Agreement (Friendco Restaurants Inc)

Charges; Liens. Borrower shall pay all Impositions attributable to the Property in the manner provided under Section 2 hereof or, if not paid in such manner, by Borrower making payment, when due, directly to the payee thereof, or in such other manner as METLIFE may designate in writing. If requested by METLIFE, Borrower shall promptly furnish to METLIFE all notices of Impositions which become due, and in the event Borrower shall make payment directly, Borrower shall promptly furnish finish to METLIFE receipts evidencing such payments. Borrower shall promptly discharge any lien which has, or may have, priority over or equality with, the lien of this Instrument, and Borrower shall pay, when due, the claims of all persons supplying labor or materials to or in connection with the Property. Without METLIFE's prior written permission, Borrower shall not allow any lien inferior to this Instrument to be perfected against the Property. If any lien inferior to this Instrument is filed against the Property without METLIFE's prior written permission and without the consent of Borrower, Borrower shall, within thirty (30) days after receiving notice of the filing of such lien, cause such lien to be released of record of bonded over within sixty (60) days of its filing and deliver evidence of such release or bonding to METLIFEMETLIFE (provided, however, that Borrower shall have up to thirty (30) additional days to secure the release or approval of a bond if Borrower shall have instituted appropriate legal proceedings therefor promptly and diligently pursued the same).

Appears in 1 contract

Samples: Western Beef Inc /De/

Charges; Liens. Borrower shall pay all Impositions attributable to the Property in the manner provided under Section 2 hereof or, if not paid in such manner, by Borrower making payment, when due, directly to the payee thereof, or in such other manner as METLIFE Lender may designate in writing. If requested by METLIFELender, Borrower shall promptly furnish to METLIFE Lender all notices of Impositions which become due, and in the event Borrower shall make payment directly, Borrower shall promptly furnish to METLIFE Lender receipts evidencing such payments. Borrower shall promptly discharge any lien which has, or may have, priority over or equality with, the lien of this Instrument, and Borrower shall pay, when due, the claims of all persons supplying labor or materials to or in connection with the Property. Without METLIFELender's prior written permission, Borrower shall not allow any lien inferior to this Instrument to be perfected against the Property. If any lien inferior to this Instrument is filed against the Property without METLIFELender's prior written permission and without the consent of Borrower, Borrower shall, within thirty (30) days after receiving notice of the filing of such lien, cause such lien to be released of record and deliver evidence of such release to METLIFELender.

Appears in 1 contract

Samples: Charming Shoppes Inc

Charges; Liens. Borrower shall pay all Impositions attributable to the Property in the manner provided under Section SECTION 2 hereof or, if not paid in such manner, by Borrower making payment, when duebefore same shall become delinquent or subject to interest or other charge, directly to the payee thereof, or in such other manner as METLIFE Xxxx may designate in writing. If requested by METLIFEXxxx, Borrower shall promptly furnish to METLIFE Xxxx all notices of Impositions which become due, and in the event Borrower shall make payment directly, Borrower shall promptly furnish to METLIFE Xxxx receipts evidencing such payments. Borrower shall promptly discharge any lien which has, or may have, priority over or equality with, the lien of this Instrument, and Borrower shall pay, when due, the claims of all persons supplying labor or materials to or in connection with the Property. Without METLIFE's Xxxx'x prior written permissionconsent, which may be granted or withheld at the sole discretion of Xxxx, Borrower shall not allow any lien inferior to other than this Instrument to be perfected against any of the Property. If any lien inferior to other than this Instrument is filed against any of the Property without METLIFE's Xxxx'x prior written permission consent and without the consent of BorrowerXxxxxxxx, Borrower shall, within thirty (30) days after receiving notice of the filing of such lien, cause such lien to be released of record and deliver evidence of such release to METLIFEXxxx.

Appears in 1 contract

Samples: Horizon Group Properties Inc

Charges; Liens. Borrower shall pay all Impositions attributable to the -------------- Property in the manner provided under Section 2 hereof or, if not paid in such --------- manner, by Borrower making payment, when due, directly to the payee thereof, or in such other manner as METLIFE may designate in writing. If requested by METLIFE, Borrower shall promptly furnish to METLIFE all notices of Impositions which become due, and in the event Borrower shall make payment directly, Borrower shall promptly furnish to METLIFE receipts evidencing such payments. Borrower shall promptly discharge any lien which has, or may have, priority over or equality with, the lien of this InstrumentDeed, and Borrower shall pay, when due, the claims of all persons supplying labor or materials to or in connection with the Property. Without METLIFE's prior written permission, Borrower shall not allow any lien inferior to this Instrument Deed to be perfected against the Property. If any lien inferior to this Instrument Deed is filed against the Property without METLIFE's prior written permission and without the consent of BorrowerXxxxxxxx, Borrower shall, within thirty (30) days after receiving notice of the filing of such lien, cause such lien to be released of record and deliver evidence of such release to METLIFE.

Appears in 1 contract

Samples: Security Agreement (Graphic Industries Inc)

Charges; Liens. Borrower shall pay all Impositions attributable to the Property in the manner provided under Section SECTION 2 hereof or, if not paid in such manner, by Borrower making payment, when due, directly to the payee thereof, or in such other manner as METLIFE Lender may designate in writing. If requested by METLIFELender, Borrower shall promptly furnish to METLIFE Lender all notices of Impositions which become due, and in the event Borrower shall make payment directly, Borrower shall promptly furnish to METLIFE Lender receipts evidencing such payments. Borrower shall promptly discharge any lien which has, or may have, priority over or equality with, the lien of this Instrument, and Borrower shall pay, when due, the claims of all persons supplying labor or materials to or in connection with the Property. Without METLIFELender's prior written permission, Borrower shall not allow any lien inferior to this Instrument to be perfected against the Property. If any lien inferior to this Instrument is filed against the Property without METLIFELender's prior written permission and without the consent of Borrower, Borrower shall, within thirty (30) days after receiving notice of the filing of such lien, cause such lien to be released of record and deliver evidence of such release to METLIFELender.

Appears in 1 contract

Samples: Mortgage, Security Agreement (Michael Anthony Jewelers Inc)

Charges; Liens. Borrower shall pay all Impositions taxes, assessments and other charges, fines and impositions attributable to the Property which may attain a priority over this Mortgage, and leasehold payments or ground rents, if any, in the manner provided under Section paragraph 2 hereof or, if not paid in such manner, by Borrower making payment, when due, directly to the payee thereof, or in such other manner as METLIFE may designate in writing. If requested by METLIFE, Borrower shall promptly furnish to METLIFE Lender all notices of Impositions which become dueamounts due under this paragraph, and in the event Borrower shall make payment directly, Borrower shall promptly furnish to METLIFE Lender receipts evidencing such payments. Borrower shall promptly discharge any lien which has, or may have, has priority over or equality withthis Mortgage; provided, the lien of this Instrument, and Borrower shall pay, when due, the claims of all persons supplying labor or materials to or in connection with the Property. Without METLIFE's prior written permission, that Borrower shall not allow be required to discharge any such lien inferior so long as Borrower shall agree in writing to this Instrument to be perfected against the Property. If any lien inferior to this Instrument is filed against the Property without METLIFE's prior written permission and without the consent of Borrower, Borrower shall, within thirty (30) days after receiving notice payment of the filing obligation secured by such lien in a manner acceptable to Lender, or shall in good faith contest such lien by, or defend enforcement of such lien, cause such in legal proceedings which operate to prevent the enforcement fo the lien to be released or forfeiture of record and deliver evidence of such release to METLIFEthe Property or any part thereof.

Appears in 1 contract

Samples: staging.route2investgroup.com

Charges; Liens. Borrower Guarantor shall pay all Impositions attributable -------------- to the Property in the manner provided under Section 2 hereof or, if not paid in --------- such manner, by Borrower Guarantor making payment, when due, directly to the payee thereof, or in such other manner as METLIFE may designate in writing. If requested by METLIFE, Borrower Guarantor shall promptly furnish to METLIFE all notices of Impositions which become due, and in the event Borrower Guarantor shall make payment directly, Borrower Guarantor shall promptly furnish to METLIFE receipts evidencing such payments. Borrower Guarantor shall promptly discharge any lien which has, or may have, priority over or equality with, the lien of this InstrumentDeed of Trust, and Borrower Guarantor shall pay, when due, the claims of all persons supplying labor or materials to or in connection with the Property. Without METLIFE's prior written permission, Borrower Guarantor shall not allow any lien inferior to this Instrument Deed of Trust to be perfected against the Property. If any lien inferior to this Instrument Deed of Trust is filed against the Property without METLIFE's prior written permission and without the consent of BorrowerGuarantor, Borrower Guarantor shall, within thirty (30) days after receiving notice of the filing of such lien, cause such lien to be released of record and deliver evidence of such release to METLIFE.

Appears in 1 contract

Samples: Graphic Industries Inc

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Charges; Liens. Borrower shall pay all Impositions attributable to the Property in the manner provided under Section 2 hereof or, if not paid in such manner, by Borrower making payment, when due, directly to the payee thereof, or in such other manner as METLIFE Lender may designate in writing. If requested by METLIFELender, Borrower shall promptly furnish to METLIFE Lender all notices of Impositions which become due, and in the event Borrower shall make payment directly, Borrower shall promptly furnish to METLIFE Lender receipts evidencing such payments. Borrower shall promptly discharge any lien which has, or may have, priority over or equality with, the lien of this Instrument, and Borrower shall pay, when due, the claims of all persons supplying labor or materials to or in connection with the Property. Without METLIFELender's prior written permission, Borrower shall not allow any lien inferior to this Instrument to be perfected against the Property. If any lien inferior to this Instrument is filed against the Property without METLIFELender's prior written permission and without the consent of Borrower, Borrower shall, within thirty (30) days after receiving notice of the filing of such lien, cause such lien to be released of record and to deliver evidence of such release to METLIFELender.

Appears in 1 contract

Samples: Westerbeke Corp

Charges; Liens. Borrower shall pay all Impositions attributable to the Property in the manner provided under Section 2 hereof or, if not paid in such manner, by Borrower making payment, when due, directly to the payee thereof, or in such other manner as METLIFE Bank may designate in writing. If requested by METLIFEBank, Borrower shall promptly furnish to METLIFE Bank all notices of Impositions which become due, and in the event Borrower shall make payment directly, Borrower shall promptly furnish to METLIFE Bank receipts evidencing such payments. Borrower shall promptly discharge any lien which has, or may have, priority over or equality with, the lien of this Instrument, and Borrower shall pay, when due, the claims of all persons supplying labor or materials to or in connection with the Property. Without METLIFE's Bank’s prior written permission, Borrower shall not allow any lien inferior to this Instrument to be perfected against the Property. If any lien inferior to this Instrument is filed against the Property without METLIFE's Bank’s prior written permission and without the consent of Borrower, Borrower shall, within thirty (30) days after receiving notice of the filing of such lien, cause such lien to be released of record and deliver evidence of such release to METLIFEBank.

Appears in 1 contract

Samples: And Fixture Filing (Professional Veterinary Products LTD /Ne/)

Charges; Liens. Borrower shall pay all Impositions attributable to the -------------- Property in the manner provided under Section 2 hereof or, if not paid in such --------- manner, by Borrower making payment, when due, directly to the payee thereof, or in such other manner as METLIFE may designate in writing. If requested by METLIFE, Borrower shall promptly furnish to METLIFE all notices of Impositions which become due, and in the event Borrower shall make payment directly, Borrower shall promptly furnish to METLIFE receipts evidencing such payments. Borrower shall promptly discharge any lien which has, or may have, priority over or equality with, the lien of this InstrumentMortgage, and Borrower shall pay, when due, the claims of all persons supplying labor or materials to or in connection with the Property. Without METLIFE's prior written permission, Borrower shall not allow any lien inferior to this Instrument Mortgage to be perfected against the Property. If any lien inferior to this Instrument Mortgage is filed against the Property without METLIFE's prior written permission and without the consent of BorrowerXxxxxxxx, Borrower shall, within thirty (30) days after receiving notice of the filing of such lien, cause such lien to be released of record and deliver evidence of such release to METLIFE.

Appears in 1 contract

Samples: Security Agreement (Graphic Industries Inc)

Charges; Liens. Borrower shall pay all Impositions attributable represents and warrants that Borrower has good, marketable and insurable title to, and has the right to mortgage an indefeasible fee simple estate in, the Premises, Improvements, Rents, and Leases, and the right to convey the other Property, that the Property is unencumbered except as disclosed in writing to and approved by Mortgagee prior to the date hereof, and that Borrower will warrant and forever defend the title to the Property in the manner provided under Section 2 hereof oragainst all claims and demands, if not paid in such manner, by Borrower making payment, when due, directly subject only to the payee thereof, or permitted exceptions set forth in such other manner as METLIFE may designate in writing. If requested by METLIFE, Borrower shall promptly furnish to METLIFE all notices of Impositions which become due, and in the event Borrower shall make payment directly, Borrower shall promptly furnish to METLIFE receipts evidencing such paymentsSchedule 1 attached hereto. Borrower shall promptly discharge or bond off any lien which has, or may have, priority over or equality with, the lien of this Instrument, and Borrower shall pay, when due, the claims of all persons supplying labor or materials to or in connection with the Property. Without METLIFE's Mortgagee’s prior written permission, Borrower shall not allow any lien inferior to this Instrument to be perfected against the Property. If any lien inferior to this Instrument is filed against the Property without METLIFE's Mortgagee’s prior written permission and without the consent of Borrower, Borrower shall, within thirty (30) days after receiving notice of the filing of such lien, cause such lien to be released of record or bonded off and deliver evidence of such release or bonding to METLIFEMortgagee. Borrower may contest any such lien by appropriate proceedings in good faith, timely filed, provided that enforcement of the lien is stayed pending such contest. Mortgagee may require that Borrower post security for payment of such lien.

Appears in 1 contract

Samples: Meritage Hospitality Group Inc /Mi/

Charges; Liens. Borrower shall pay all Impositions attributable to the Property in the manner provided under Section 2 hereof or, if not paid in such manner, by Borrower making payment, when due, directly to the payee thereof, or in such other manner as METLIFE Bank may designate in writing. If requested by METLIFEBank, Borrower shall promptly furnish to METLIFE Bank all notices of Impositions which become due, and in the event Borrower shall make payment directly, Borrower shall promptly furnish to METLIFE Bank receipts evidencing such payments. Borrower shall promptly discharge any lien which has, or may have, priority over or equality with, the lien of this Instrument, and Borrower shall pay, when due, the claims of all persons supplying labor or materials to or in connection with the Property. Without METLIFEBank's prior written permission, Borrower shall not allow any lien inferior to this Instrument to be perfected against the Property. If any lien inferior to this Instrument is filed against the Property without METLIFEBank's prior written permission and without the consent of Borrower, Borrower shall, within thirty (30) days after receiving notice of the filing of such lien, cause such lien to be released of record and deliver evidence of such release to METLIFEBank.

Appears in 1 contract

Samples: Professional Veterinary Products LTD /Mo/

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