Common use of Contest of Impositions, Liens and Levies Clause in Contracts

Contest of Impositions, Liens and Levies. Mortgagor shall not be required to pay, discharge or remove any Imposition or any Lien so long as the Mortgagor shall in good faith contest the same or the validity thereof by appropriate legal proceedings which shall operate to prevent the collection of the Lien or Imposition so contested and the sale of the Premises, or any part thereof, to satisfy the same, provided that the Mortgagor shall, prior to the date such Lien or Imposition is due and payable, have given such reasonable security as may be demanded by the Mortgagee to insure such payments plus interest or penalties thereon, and prevent any sale or forfeiture of the Premises by reason of such nonpayment. Any such contest shall be prosecuted with due diligence and the Mortgagor shall promptly after final determination thereof pay the amount of any such Lien or Imposition so determined, together with all interest and penalties which may be payable in connection therewith. Notwithstanding these provisions Mortgagor shall (and if Mortgagor shall fail so to do, Mortgagee, may but shall not be required to) pay any such Lien or Imposition notwithstanding such contest if in the reasonable opinion of the Mortgagee, the Premises shall be in jeopardy or in danger of being forfeited or foreclosed.

Appears in 2 contracts

Samples: Security Agreement (Talon Real Estate Holding Corp.), Mortgage and Security Agreement and Fixture Financing (Navarre Corp /Mn/)

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Contest of Impositions, Liens and Levies. Mortgagor shall not be required to pay, discharge or remove any Imposition or any Lien so long as the Mortgagor shall in good faith contest the same or the validity thereof by appropriate legal proceedings which shall operate to prevent the collection of the Lien or Imposition so contested and the sale of the PremisesMortgaged Property, or any part thereof, to satisfy the same, provided that the Mortgagor shall, prior to the date such Lien or Imposition is due and payable, have given such reasonable security as may be demanded by the Mortgagee to insure such payments plus interest or penalties thereon, and prevent any sale or forfeiture of the Premises Mortgaged Property by reason of such nonpayment. Any such contest shall be prosecuted with due diligence and the Mortgagor shall promptly after final determination thereof pay the amount of any such Lien or Imposition so determined, together with all interest and penalties which may be payable in connection therewith. Notwithstanding these provisions Mortgagor shall (and if Mortgagor shall fail so to do, Mortgagee, may but shall not be required to) pay any such Lien or Imposition notwithstanding such contest if in the reasonable opinion of the Mortgagee, the Premises Mortgaged Property shall be in jeopardy or in danger of being forfeited or foreclosed.

Appears in 2 contracts

Samples: Mortgage and Security Agreement (Famous Daves of America Inc), Mortgage and Security Agreement (Famous Daves of America Inc)

Contest of Impositions, Liens and Levies. Mortgagor Borrower shall not be required to pay, discharge or remove any Imposition or any Lien so long as the Mortgagor Borrower shall in good faith contest the same or the validity thereof by appropriate legal proceedings which shall operate to prevent the collection of the Lien or Imposition so contested and the sale of the Premises, or any part thereof, to satisfy the same, provided that the Mortgagor Borrower shall, prior to the date such Lien or Imposition is due and payable, have given such reasonable security as may be demanded by the Mortgagee Lender to insure such payments plus interest or penalties thereon, and prevent any sale or forfeiture of the Premises by reason of such nonpayment. Any such contest shall be prosecuted with due diligence and the Mortgagor Borrower shall promptly after final determination thereof pay the amount of any such Lien or Imposition so determined, together with all interest and penalties which may be payable in connection therewith. Notwithstanding these provisions Mortgagor Borrower shall (and if Mortgagor Borrower shall fail so to do, MortgageeLender, may but shall not be required to) pay any such Lien or Imposition notwithstanding such contest if in the reasonable opinion of the MortgageeLender, the Premises shall be in jeopardy or in danger of being forfeited or foreclosed.

Appears in 2 contracts

Samples: Security Agreement (Great Plains Ethanol LLC), Future Advance Mortgage and Security Agreement (Great Plains Ethanol LLC)

Contest of Impositions, Liens and Levies. Mortgagor Grantor shall not be required to pay, discharge or remove any Imposition or any Lien so long as the Mortgagor Grantor shall in good faith contest the same or the validity thereof by appropriate legal proceedings which shall operate to prevent the collection of the Lien or Imposition so contested and the sale of the Premises, or any part thereof, to satisfy the same, provided that the Mortgagor Grantor shall, prior to the date such Lien or Imposition is due and payable, have given such reasonable security as may be demanded by the Mortgagee Beneficiary to insure such payments plus interest or penalties thereon, and prevent any sale or forfeiture of the Premises by reason of such nonpayment. Any such contest shall be prosecuted with due diligence and the Mortgagor Grantor shall promptly after final determination thereof pay the amount of any such Lien or Imposition so determined, together with all interest and penalties which may be payable in connection therewith. Notwithstanding these provisions Mortgagor Grantor shall (and if Mortgagor Grantor shall fail so to do, MortgageeBeneficiary, may but shall not be required to) pay any such Lien or Imposition notwithstanding such contest if in the reasonable opinion of the MortgageeBeneficiary, the Premises shall be in jeopardy or in danger of being forfeited or foreclosed.

Appears in 1 contract

Samples: Jubilee Gaming Enterprises Inc

Contest of Impositions, Liens and Levies. Mortgagor Borrower shall keep the Premises free from any Lien. Upon the assertion of a claim of Lien or the filing of a Lien against the Premises, Borrower, as applicable, shall cause the same to be immediately discharged and removed from its Premises, provided Borrower shall not be required to pay, discharge or remove any Imposition or any Lien so long as the Mortgagor Borrower (as applicable) shall in good faith contest the same or the validity thereof by appropriate legal proceedings which shall operate to prevent the collection of the Lien or Imposition so contested and the sale of the applicable Premises, or any part thereof, to satisfy the same, same and the existence of such Lien shall not delay or hinder the construction of the Improvements and provided that the Mortgagor shall, prior to the date such Lien or Imposition is due and payable, Borrower (as applicable) shall have given such reasonable security as may be demanded by Lender and Title Company to protect the Mortgagee to insure such payments plus interest or penalties thereonapplicable Premises, and prevent Lender’s interest therein, if any sale or forfeiture of the Premises by reason of such nonpaymentLien is determined adverse to such interests. Any such contest shall be prosecuted with due diligence and the Mortgagor Borrower (as applicable) shall promptly after final determination thereof of the validity of any such Lien, pay the amount of any such Lien or Imposition so determined, adjudicated due together with all interest and penalties which may be payable in connection therewith. Notwithstanding these provisions Mortgagor Borrower (as applicable) shall (and if Mortgagor Borrower shall fail so to do, MortgageeLender, may but shall not be required to) pay any such Lien or Imposition notwithstanding such contest if in the reasonable opinion of the MortgageeLender, the applicable Premises shall be in jeopardy or in danger of being forfeited or foreclosedforeclosed or construction of the Project is delayed or hindered.

Appears in 1 contract

Samples: Construction Loan Agreement (Ammo, Inc.)

Contest of Impositions, Liens and Levies. Mortgagor shall not be required to pay, discharge or remove any Imposition or any Lien Impositions, so long as the Mortgagor shall in good faith contest the same or the validity thereof by appropriate legal proceedings which shall operate to prevent the collection of the Lien or Imposition so contested and the sale of the Premises, or any part thereof, thereof to satisfy the same, provided that the Mortgagor shall, prior to the date such Lien or Imposition is due and payable, have given such reasonable security as may be demanded by the Mortgagee to insure such payments plus interest or penalties thereon, and prevent any sale or forfeiture of the Premises by reason of such nonpayment. Any such contest shall be prosecuted with due diligence and the Mortgagor shall promptly after final determination thereof pay the amount of any such Lien or Imposition so determined, together with all interest and penalties which that may be payable in connection therewith. Notwithstanding these the provisions of this Section, Mortgagor shall (and if Mortgagor shall fail so to dodo so, MortgageeMortgagee may, may but shall not be required to) pay any such Lien or Imposition notwithstanding such contest if in the reasonable opinion of the Mortgagee, the Premises shall be in jeopardy or in danger of being forfeited or foreclosed.

Appears in 1 contract

Samples: Mortgage and Security Agreement and Fixture Financing Statement (Wsi Industries Inc)

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Contest of Impositions, Liens and Levies. Mortgagor Borrower shall keep the Premises free from any Lien and upon the assertion of a claim of Lien or the filing of a Lien against the Premises, the Borrower shall cause the same to be immediately discharged and removed, provided Borrower shall not be required to pay, discharge or remove any Imposition or any Lien so long as the Mortgagor Borrower shall in good faith contest the same or the validity thereof by appropriate legal proceedings which shall operate to prevent the collection of the Lien or Imposition so contested and the sale of the Premises, or any part thereof, to satisfy the same, same and the existence of such Lien shall not delay or hinder the construction of the Improvements and provided that the Mortgagor shall, prior to the date such Lien or Imposition is due and payable, Borrower shall have given such reasonable security as may be demanded by the Mortgagee Lender and Title to insure such payments plus interest or penalties thereonprotect the Premises, and prevent the Lender’s interest therein, if any sale or forfeiture of the Premises by reason of such nonpaymentLien is determined adverse to such interests. Any such contest shall be prosecuted with due diligence and the Mortgagor The Borrower shall promptly after final determination thereof of the validity of any such Lien, pay the amount of any such Lien or Imposition so determined, adjudicated due together with all interest and penalties which may be payable in connection therewith. Notwithstanding these provisions Mortgagor Borrower shall (and if Mortgagor Borrower shall fail so to do, MortgageeLender, may but shall not be required to) pay any such Lien or Imposition notwithstanding such contest if in the reasonable opinion of the MortgageeLender, the Premises shall be in jeopardy or in danger of being forfeited or foreclosedforeclosed or construction of the Project is delayed or hindered.

Appears in 1 contract

Samples: Loan and Security Agreement (Millennium Ethanol, LLC)

Contest of Impositions, Liens and Levies. Mortgagor Borrower shall keep the Premises free from any Lien and upon the assertion of a claim of Lien or the filing of a Lien against the Premises, the Borrower shall cause the same to be immediately discharged and removed, provided Borrower shall not be required to pay, discharge or remove any Imposition or any Lien so long as the Mortgagor Borrower shall in good faith contest the same or the validity thereof by appropriate legal proceedings which shall operate to prevent the collection of the Lien or Imposition so contested and the sale of the Premises, or any part thereof, to satisfy the same, same and the existence of such Lien shall not delay or hinder the construction of the Improvements and provided that the Mortgagor shall, prior to the date such Lien or Imposition is due and payable, Borrower shall have given such reasonable security as may be demanded by the Mortgagee Lender and Title to insure such payments plus interest or penalties thereonprotect the Premises, and prevent the Lender's interest therein, if any sale or forfeiture of the Premises by reason of such nonpaymentLien is determined adverse to such interests. Any such contest shall be prosecuted with due diligence and the Mortgagor The Borrower shall promptly after final determination thereof of the validity of any such Lien, pay the amount of any such Lien or Imposition so determined, adjudicated due together with all interest and penalties which may be payable in connection therewith. Notwithstanding these provisions Mortgagor Borrower shall (and if Mortgagor Borrower shall fail so to do, MortgageeLender, may but shall not be required to) pay any such Lien or Imposition notwithstanding such contest if in the reasonable opinion of the MortgageeLender, the Premises shall be in jeopardy or in danger of being forfeited or foreclosedforeclosed or construction of the Project is delayed or hindered. Borrower shall promptly secure the necessary recordable Lien Waiver.

Appears in 1 contract

Samples: Construction Loan Agreement (Bluegreen Corp)

Contest of Impositions, Liens and Levies. Mortgagor Borrower shall keep the Premises free from any Lien and upon the assertion of a claim of Lien or the filing of a Lien against the Premises, the Borrower shall cause the same to be immediately discharged and removed, provided Borrower shall not be required to pay, discharge or remove any Imposition or any Lien so long as the Mortgagor Borrower shall in good faith contest the same or the validity thereof by appropriate legal proceedings which shall operate to prevent the collection of the Lien or Imposition so contested and the sale of the Premises, or any part thereof, to satisfy the same, same and the existence of any such Lien shall not delay or hinder any construction being undertaken and provided that the Mortgagor shall, prior to the date such Lien or Imposition is due and payable, Borrower shall have given such reasonable security as may be demanded by the Mortgagee Lender and Title to insure such payments plus interest or penalties thereonprotect the Premises, and prevent the Lender’s interest therein, if any sale or forfeiture of the Premises by reason of such nonpaymentLien is determined adverse to such interests. Any such contest shall be prosecuted with due diligence and the Mortgagor The Borrower shall promptly after final determination thereof of the validity of any such Lien, pay the amount of any such Lien or Imposition so determined, adjudicated due together with all interest and penalties which may be payable in connection therewith. Notwithstanding these provisions Mortgagor Borrower shall (and if Mortgagor Borrower shall fail so to do, MortgageeLender, may but shall not be required to) pay any such Lien or Imposition notwithstanding such contest if in the reasonable opinion of the MortgageeLender, the Premises shall be in jeopardy or in danger of being forfeited or foreclosedforeclosed or any construction being undertaken is delayed or hindered.

Appears in 1 contract

Samples: Management Agreement (REX AMERICAN RESOURCES Corp)

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