Common use of Mortgage Tax Clause in Contracts

Mortgage Tax. In the event of the passage, after the date of this Deed of Trust, of any law deducting from the value of the Trust Estate for the purpose of taxation any lien thereon or changing in any way the laws now in force for the taxation of deeds of trust or debts secured by deeds of trust, or the manner of the collection of any such taxes, so as to affect this Deed of Trust, or imposing payment of the whole or any portion of any taxes, assessments or other similar charges against the Trust Estate upon Beneficiary, the indebtedness secured hereby shall become due and payable at the option of the Lenders within sixty (60) days after delivery of written notice to Trustor; provided, however, that such election by the Lenders shall be ineffective if such law either (a) shall not impose a tax upon the Lenders nor increase any tax now payable by the Lenders, or (b) shall impose a tax upon the Lenders or increase any tax now payable by the Lenders and prior to the due date: (A) Trustor is permitted by law and can become legally obligated to pay such tax or the increased portion thereof (in addition to all interest, additional interest and other charges payable hereunder and under the Loan Documents without exceeding the applicable limits imposed by the usury laws of the State of California); (B) Trustor does pay such tax or increased portion; and (C) Trustor agrees with the Lenders and the Beneficiary in writing to pay, or reimburse the Lenders and the Beneficiary for the payment of, any such tax or increased portion thereof when thereafter levied or assessed against the Trust Estate or any portion thereof. The obligations of Trustor under such agreement shall be secured hereby.

Appears in 2 contracts

Samples: Deed of Trust (Cadiz Inc), Credit Agreement (Cadiz Inc)

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Mortgage Tax. In the event of the passage, after the date of this Deed of Trust, of any law deducting from the value of the Trust Estate for the purpose of taxation any lien thereon thereon, or changing in any way the laws now in force for the taxation of deeds of trust or debts secured by deeds of trust, or the manner of the collection of any such taxes, so as to affect this Deed of Trust, or imposing payment of the whole or any portion of any taxes, assessments or other similar charges against the Trust Estate upon Beneficiary, the indebtedness secured hereby shall become due and payable at the option of the Lenders Beneficiary within sixty (60) days after delivery of written notice to Trustor; provided, however, that such election by the Lenders Beneficiary shall be ineffective if such law either (a) shall not impose a tax upon the Lenders Beneficiary nor increase any tax now payable by the LendersBeneficiary, or (b) shall impose a tax upon the Lenders Beneficiary or increase any tax now payable by the Lenders Beneficiary and prior to the due date: (A) Trustor is permitted by law and can become legally obligated to pay such tax or the increased portion thereof (in addition to all interest, additional interest and other charges payable hereunder and under the Loan Documents without exceeding the applicable limits imposed by the usury laws of the State of California); (B) Trustor does pay such tax or increased portion; and (C) Trustor agrees with the Lenders and the Beneficiary in writing to pay, or reimburse the Lenders and the Beneficiary for the payment of, any such tax or increased portion thereof when thereafter levied or assessed against the Trust Estate Premises or the Collateral or any portion thereof. The obligations of Trustor under such agreement shall be secured hereby.

Appears in 1 contract

Samples: Credit Agreement (Cadiz Inc)

Mortgage Tax. In the event of the passage, after the date of this Deed of Trust, of any law deducting from the material value of the Trust Estate Property or the Collateral for the purpose of taxation any lien thereon thereon, or changing in any way the laws now in force for the taxation of deeds of trust or debts secured by deeds of trust, or the manner of the collection of any such taxes, so as to affect this Deed of Trust, or imposing payment of the whole or any portion of any taxes, assessments or other similar charges against the Trust Estate Property or the Collateral upon Beneficiary, the indebtedness secured hereby shall immediately become due and payable at the option of the Lenders within sixty (60) days after delivery of written notice to TrustorBeneficiary; provided, however, that such election by the Lenders Beneficiary shall be ineffective if such law either either: (a) shall not neither impose a tax upon the Lenders Beneficiary, nor increase any tax now payable by the Lenders, Beneficiary; or (b) shall impose a tax upon the Lenders Beneficiary or increase any tax now payable by the Lenders Beneficiary, and prior to the due datedate of such tax assessment or other similar change: (Ai) Trustor is permitted by law and can become legally obligated to pay such tax or the increased portion thereof (in addition to all interest, additional interest and other charges payable hereunder and under the Loan Documents without exceeding the applicable limits imposed by the usury laws of the State of California); (Bii) Trustor does pay such tax or increased portion; and (Ciii) Trustor agrees with the Lenders and the Beneficiary in writing to pay, or reimburse the Lenders and the Beneficiary for the payment of, any such tax or increased portion thereof when thereafter levied or assessed against the Trust Estate Property or the Collateral or any portion thereof. The obligations of Trustor under such agreement shall be secured hereby.

Appears in 1 contract

Samples: Secured Super Priority Post Petition Credit Agreement (First Capital Real Estate Trust Inc)

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Mortgage Tax. In the event of the passage, after the date of this Deed of Trust, of any law deducting from the value of the Trust Estate for the purpose of taxation any lien thereon or changing in any way the laws now in force for the taxation of deeds of trust or debts secured by deeds of trust, or the manner of the collection of any such taxes, so as to affect this Deed of Trust, or imposing payment of the whole or any portion of any taxes, assessments or other similar charges against the Trust Estate upon Beneficiary, the indebtedness secured hereby shall become due and payable at the option of the Lenders within sixty (60) days after delivery of written notice to Trustor; provided, however, that such election by the Lenders shall be ineffective if such law either (a) shall not impose a tax upon the Lenders nor increase any tax now payable by the Lenders, or (b) shall impose a tax upon the Lenders or increase any tax now payable by the Lenders and prior to the due date: (A) Trustor is permitted by law and can become legally obligated to pay such tax or the increased portion thereof (in addition to all interest, additional interest and other charges payable hereunder and under the Loan Documents without exceeding the applicable limits imposed by the usury laws of the State of California); (B) Trustor does pay such tax or increased portion; and (C) Trustor agrees with the Lenders and the Beneficiary in writing to pay, or reimburse the Lenders and the Beneficiary for the payment of, any such tax or increased portion thereof when thereafter levied or assessed against the Trust Estate or any portion thereof. thereof The obligations of Trustor under such agreement shall be secured hereby.

Appears in 1 contract

Samples: Deed of Trust (Cadiz Inc)

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