LIENS, ENCUMBRANCES AND CHARGES. Borrower shall immediately discharge by bonding or otherwise any lien, charge or other encumbrance which attaches to the Property in violation of Section 1.31. Subject to Borrower’s right to contest such matters under this Agreement or as expressly permitted in the Loan Documents or in the Senior Loan Documents, Borrower shall pay when due all obligations secured by or reducible to liens and encumbrances which shall now or hereafter encumber or appear to encumber all or any part of the Property or any interest therein, whether senior or subordinate hereto, including, without limitation, all claims for work or labor performed, or materials or supplies furnished, in connection with any work of demolition, alteration, repair, improvement or construction of or upon the Property, except such as Borrower may in good faith contest or as to which a bona fide dispute may arise (provided provision is made to the satisfaction of Lender for eventual payment thereof in the event that Borrower is obligated to make such payment and that any recorded claim of lien, charge or other encumbrance against the Property is immediately discharged by bonding or otherwise).
Appears in 2 contracts
Samples: Mezzanine Loan Agreement, Mezzanine Loan Agreement (KBS Real Estate Investment Trust, Inc.)
LIENS, ENCUMBRANCES AND CHARGES. Borrower Mortgagor shall immediately discharge by bonding or otherwise any lien, charge or other encumbrance which attaches to the Property in violation of Section 1.316.15. Subject to BorrowerMortgagor’s right to contest such matters under this Agreement Mortgage or as expressly permitted in the Loan Documents or in the Senior Loan Documents, Borrower Mortgagor shall pay when due all obligations secured by or reducible to liens and encumbrances which shall now or hereafter encumber or appear to encumber all or any part of the Property or any interest therein, whether senior or subordinate hereto, including, without limitation, all claims for work or labor performed, or materials or supplies furnished, in connection with any work of demolition, alteration, repair, improvement or construction of or upon the Property, except such as Borrower Mortgagor may in good faith contest or as to which a bona fide dispute may arise (provided provision is made to the satisfaction of Lender Mortgagee for eventual payment thereof in the event that Borrower Mortgagor is obligated to make such payment and that any recorded claim of lien, charge or other encumbrance against the Property is immediately discharged by bonding or otherwise).
Appears in 1 contract
Samples: Security Agreement (KBS Real Estate Investment Trust, Inc.)
LIENS, ENCUMBRANCES AND CHARGES. Borrower Subject to the terms of Section 8.4, Trustor shall immediately discharge by bonding or otherwise any lien, charge or other encumbrance which attaches to the Property in violation of Section 1.316.15. Subject to Borrower’s Trustor's right to contest such matters under this Agreement Deed of Trust or as expressly permitted in the Loan Documents or in the Senior Loan Documents, Borrower Trustor shall pay when due all obligations secured by or reducible to liens and encumbrances which shall now or hereafter encumber or appear to encumber all or any part of the Property or any interest therein, whether senior or subordinate hereto, including, without limitation, all claims for work or labor performed, or materials or supplies furnished, in connection with any work of demolition, alteration, repair, improvement or construction of or upon the Property, except such as Borrower Trustor may in good faith contest or as to which a bona fide dispute may arise (provided provision is made to the satisfaction of Lender Beneficiary for eventual payment thereof in the event that Borrower Trustor is obligated to make such payment and that any recorded claim of lien, charge or other encumbrance against the Property is immediately discharged by bonding or otherwise).
Appears in 1 contract
Samples: Leases and Security Agreement (Manufactured Home Communities Inc)
LIENS, ENCUMBRANCES AND CHARGES. Borrower shall immediately discharge by bonding or otherwise any lien, charge or other encumbrance which attaches to the Property in violation of Section 1.316.15. Subject to Borrower’s right to contest such matters under this Agreement or as expressly permitted in the Loan Documents or in the Senior Loan Documents, Borrower shall pay when due all obligations secured by or reducible to liens and encumbrances which shall now or hereafter encumber or appear to encumber all or any part of the Property or any interest therein, whether senior or subordinate hereto, including, without limitation, all claims for work or labor performed, or materials or supplies furnished, in connection with any work of demolition, alteration, repair, improvement or construction of or upon the Property, except such as Borrower may in good faith contest or as to which a bona fide dispute may arise (provided provision is made to the satisfaction of Lender for eventual payment thereof in the event that Borrower is obligated to make such payment and that any recorded claim of lien, charge or other encumbrance against the Property is immediately discharged by bonding or otherwise).
Appears in 1 contract
Samples: Mezzanine Loan Agreement (KBS Real Estate Investment Trust II, Inc.)