Common use of Payment of Impositions Clause in Contracts

Payment of Impositions. Upon the Lender’s delivery of notice to Borrower with reasonable evidence thereof, Borrower will promptly pay upon demand all Impositions imposed upon Lender by any state of the United States or political subdivision thereof or the United States by reason of the Loan Documents, the Collateral and/or any sale, rental, use, delivery or transfer of title to the Collateral, other than taxes, levies, imposts, deductions, charges or withholdings imposed on, or measured by reference to, the net income payable or franchise tax payable by Lender to any state of the United States or political subdivision thereof or to the United States under Section 11 or 1201 of the Internal Revenue Code, as amended, or otherwise in consequence of the receipt of payments provided for in the Loan Documents. If it is unlawful for Borrower to pay such Impositions, Borrower shall not be required to pay such Impositions; but Lender may demand payment of such additional amount as is necessary to maintain Lender's yields on the Loan in either a single payment or at Lender's option, in installment payments, and Borrower will pay such amount upon demand. If Lender has not received evidence satisfactory to it from Borrower that such Impositions have been paid by Borrower within 5 Business Days after demand was made upon Borrower to make such payment, Lender may, at its option, pay the same, and Borrower shall immediately reimburse Lender for such sums so expended, together with interest at the Default Rate. If Borrower pays any such Impositions and Lender subsequently receives a refund or reimbursement of such amounts, Lender shall promptly deliver such refund or reimbursement (without interest) to Borrower provided no Incipient Default or Event of Default exists.

Payment of Impositions. Upon the Lender’s delivery of notice to Borrower borrower with reasonable evidence thereof, Borrower will promptly pay upon demand all Impositions imposed upon Lender by any state of the United States or political subdivision thereof or the United States by reason of the Loan Documents, the Collateral and/or any sale, rental, use, delivery or transfer of title to the Collateral, other than taxes, levies, imposts, deductions, charges or withholdings imposed on, or measured by reference to, the net income payable or franchise tax payable by Lender to any state of the United States or political subdivision thereof or to the United States under Section 11 or 1201 of the Internal Revenue Code, as amended, or otherwise in consequence of the receipt of payments provided for in the Loan Documents. If it is unlawful for Borrower to pay such Impositions, Borrower shall not be required to pay such Impositions; but Lender may demand payment of such additional amount as is necessary to maintain Lender's yields on the Loan in either a single payment or at Lender's option, in installment payments, and Borrower will pay such amount upon demand. If Lender has not received evidence satisfactory to it from Borrower that such Impositions have been paid by Borrower within 5 Business Days after demand was made upon Borrower to make such payment, Lender may, at its option, pay the same, and Borrower shall immediately reimburse Lender for such sums so expended, together with interest at the Default Rate. If Borrower pays any such Impositions and Lender subsequently receives a refund or reimbursement of such amounts, Lender shall promptly deliver such refund or reimbursement (without interest) to Borrower provided no Incipient Default or Event of Default exists.. 

Payment of Impositions. Upon the Lender’s delivery of notice to Borrower with reasonable evidence thereof, Borrower will promptly pay upon demand all Impositions imposed upon Lender by any state of the United States or political subdivision thereof or the United States by reason of the Acquisition Loan Documents, the Collateral and/or any sale, rental, use, delivery or transfer of title to the Collateral, other than taxes, levies, imposts, deductions, charges or withholdings imposed on, or measured by reference to, the net income payable or franchise tax payable by Lender to any state of the United States or political subdivision thereof or to the United States under Section 11 or 1201 of the Internal Revenue Code, as amended, or otherwise in consequence of the receipt of payments provided for in the Acquisition Loan Documents. If it is unlawful for Borrower to pay such Impositions, Borrower shall not be required to pay such Impositions; but Lender may demand payment of such additional amount as is necessary to maintain Lender's yields on the Loan in either a single payment or at Lender's option, in installment payments, and Borrower will pay such amount upon demand. If Lender has not received evidence satisfactory to it from Borrower that such Impositions have been paid by Borrower within 5 Business Days after demand was made upon Borrower to make 6284.345.1224403.10 35 4/16/2018 such payment, Lender may, at its option, pay the same, and Borrower shall immediately reimburse Lender for such sums so expended, together with interest at the Default Rate. If Borrower pays any such Impositions and Lender subsequently receives a refund or reimbursement of such amounts, Lender shall promptly deliver such refund or reimbursement (without interest) to Borrower provided no Incipient Default or Event of Default exists.. 

Payment of Impositions. Upon the Lender’s delivery of notice to Borrower with reasonable evidence thereof, Borrower will promptly pay upon demand all Impositions imposed upon Lender by any state of the United States or political subdivision thereof or the United States by reason of the Loan Documents, the Collateral and/or any sale, rental, use, delivery or transfer of title to the Collateral, other than taxes, levies, imposts, deductions, charges or withholdings imposed on, or any tax measured by reference to, the net income payable or franchise tax payable by Lender to any state State of the United States or political subdivision thereof or to the United States of America under Section 11 or 1201 of the Internal Revenue Code, as amended, or otherwise in consequence of the receipt of payments provided for in the Loan DocumentsDocuments and other than any general franchise tax or business license taxes measured by Lender's gross income. If it is unlawful for Borrower to pay such Impositions, Borrower shall not be required to pay such Impositions; but Lender may demand payment of such additional amount as is necessary to maintain Lender's yields on the Receivables Loan, Construction Loan and Working Capital Loan in either a single payment or at Lender's option, in installment payments, and Borrower will pay such amount upon demand. If it is unlawful to pay such additional amount, Borrower shall not be required to pay it; but Lender may demand immediate payment of the Obligations in full (together with the applicable Receivables Loan Prepayment Premium, Construction Loan Prepayment Premium and Working Capital Loan Prepayment), and Borrower will pay the Obligations in full within sixty (60) days after such demand. If Lender has not received evidence satisfactory to it from Borrower that such Impositions have been paid by Borrower within 5 Business Days five (5) days after demand was made upon Borrower to make such payment, Lender may, at its option, pay the same, and Borrower shall immediately reimburse Lender for such sums so expended, together with interest thereon at the Default Rate. If Borrower pays any such Impositions and Lender subsequently receives a refund or reimbursement of such amounts, Lender shall promptly deliver such refund or reimbursement (without interest) to Borrower provided no Incipient Default or Event of Default existsRate until paid.

Payment of Impositions. Upon the Lender’s delivery of notice to Borrower with reasonable evidence thereof, Borrower will promptly pay upon demand ---------------------- all Impositions imposed upon Lender by any state of the United States or political subdivision thereof or the United States by reason of the Loan Documents, the Collateral and/or any sale, rental, use, delivery or transfer of title to the Collateral, other than taxes, levies, imposts, deductions, charges or withholdings imposed on, or any tax measured by reference to, the net income payable or franchise tax payable by Lender to any state State of the United States or political subdivision thereof or to the United States of America under Section 11 or ------------- 1201 of the Internal Revenue Code, as amended, or otherwise in consequence of the ---- receipt of payments provided for in the Loan Documents. If it is unlawful for Borrower to pay such Impositions, Borrower shall not be required to pay such Impositions; but Lender may demand payment of such additional amount as is necessary to maintain Lender's yields on the Inventory Loan in either a single payment or at Lender's option, in installment payments, and Borrower will pay such amount upon demand. If it is unlawful to pay such additional amount, Borrower shall not be required to pay it; but Lender may demand immediate payment of the Obligations in full, and Borrower will pay the Obligations in full within sixty (60) days after such demand. If Lender has not received evidence satisfactory to it from Borrower that such Impositions have been paid by Borrower within 5 five (5) Business Days after demand was made upon Borrower to make such payment, Lender may, at its option, pay the same, and Borrower shall immediately reimburse Lender for such sums so expended, together with interest at the Default Rate. If Borrower pays any such Impositions and Lender subsequently receives a refund or reimbursement of such amounts, Lender shall promptly deliver such refund or reimbursement (without interest) to Borrower provided no Incipient Default or Event of Default exists.

Payment of Impositions. Upon Mortgagor shall deposit at the Lender’s delivery time of notice each payment of an installment of interest (and, where required, principal) required to Borrower with reasonable evidence thereofbe paid by Mortgagor under the Note, Borrower will promptly pay upon demand until all Impositions imposed upon Lender by any state of the United States Indebtedness and Obligations are paid and performed in full, an additional amount equal to one-twelfth of those annual Impositions which, if not timely paid, may result in a Lien upon the Mortgaged Property superior to the Lien of this Mortgage (which Impositions shall include, without limitation, all ad volorem real property taxes assessed from time to time against the Mortgaged Property), such amount to be estimated by Mortgagee. Mortgagee shall cause the funds held by it pursuant to this SECTION 5.3 to be maintained in one or political subdivision thereof more interest-bearing accounts in accordance with Mortgagee's customary practices for the payment of interest on account balances, including, without limitation, minimum balance requirements. All interest accruing on such funds shall be added to and shall become a part thereof. Mortgagor shall cause all bills, statements or the United States by reason other documents relating to such Impositions to be sent or mailed directly to Mortgagee. Upon receipt of such bills, statements or other documents, and provided that Mortgagor has timely deposited sufficient funds with Mortgagee pursuant to this SECTION 5.3, Mortgagee shall pay such amounts as may be due thereunder out of the Loan Documents, the Collateral and/or any sale, rental, use, delivery or transfer of title to the Collateral, other than taxes, levies, imposts, deductions, charges or withholdings imposed on, or measured by reference to, the net income payable or franchise tax payable by Lender to any state of the United States or political subdivision thereof or to the United States under Section 11 or 1201 of the Internal Revenue Code, as amended, or otherwise in consequence of the receipt of payments provided for in the Loan Documentsfunds so deposited with Mortgagee. If it is unlawful at any time and for Borrower any reason the funds deposited with Mortgagee are or will be insufficient to pay such Impositionsamounts as may then or subsequently be due, Borrower Mortgagee shall notify Mortgagor and Mortgagor shall immediately deposit an amount equal to any such deficiency with Mortgagee. Notwithstanding the foregoing, nothing contained herein shall cause Mortgagee to be deemed a trustee of said funds or to be obligated to pay any amounts in excess of the amount of funds deposited with Mortgagee pursuant to this SECTION 5.3 plus interest accrued thereon. All funds deposited with Mortgagee hereunder may be commingled with any other sums held by Mortgagee. Should Mortgagor fail to deposit with Mortgagee (exclusive of that portion of said payments which has been applied by Mortgagee to the principal of or interest on the Indebtedness) sums sufficient to fully pay such Impositions at least thirty (30) days before delinquency thereof, Mortgagee may, at Mortgagee's election, but without any obligation to do so, advance any amounts required to make up the deficiency, which advances, if any, shall be secured hereby and shall be repayable to Mortgagee as herein elsewhere provided, or at the option of Mortgagee, the latter may, without making any advance whatever, apply any sums held by it upon any obligation of Mortgagor secured hereby. All amounts so deposited shall be held by Mortgagee as additional security for the sums secured by this Mortgage and upon the occurrence of an Event of Default hereunder Mortgagee may, in its sole and absolute discretion and without regard to the adequacy of its security hereunder, apply such amounts or any portion thereof to any part of the Indebtedness secured hereby. Any such application of said amounts or any portion thereof to any indebtedness secured hereby shall not be required construed to cure or waive any default or notice of default hereunder or invalidate any act done pursuant to any such default or notice. Upon full payment of the Indebtedness, or, at the election of Mortgagee at any prior time, the balance of such amounts shall be paid over to Mortgagor and no other party shall have any right or claim thereto. The receipt, use or application of any such sums paid by Mortgagor to Mortgagee hereunder shall not be construed to affect the maturity of any Indebtedness or any of the rights or powers of Mortgagee or Mortgagor under the terms of the Note Purchase Documents or any of the Obligations. Upon assignment of this Mortgage, Mortgagee shall have the right to pay over the balance of any such Impositions; but Lender may demand sums paid by Mortgagor to Mortgagee hereunder then in Mortgagee's possession to the assignee hereof and Mortgagee shall thereupon be completely released from all liability with respect to such amounts. Without limiting any of Mortgagor's obligations under this SECTION 5.3, Mortgagor shall have the right to contest any such Imposition prior to payment so long as (i) Mortgagor contests such Imposition in good faith, (ii) Mortgagor sends advance written notice to Mortgagee that Mortgagor is contesting such Imposition, (iii) Mortgagor posts a bond with a party acceptable to Mortgagee which is sufficient to pay the Imposition or otherwise secures the Mortgagee against collection of such additional amount as is necessary to maintain Lender's yields on the Loan in either a single payment or at Lender's option, in installment paymentssame against the Mortgaged Property, and Borrower will pay (iv) such amount upon demand. If Lender has contest does not received evidence satisfactory to it from Borrower that such Impositions have been paid by Borrower within 5 Business Days after demand was made upon Borrower to make such payment, Lender may, at its option, pay impair the same, and Borrower shall immediately reimburse Lender for such sums so expended, together with interest at the Default Rate. If Borrower pays Mortgaged Property in any such Impositions and Lender subsequently receives a refund or reimbursement of such amounts, Lender shall promptly deliver such refund or reimbursement (without interest) to Borrower provided no Incipient Default or Event of Default existsmanner.

Payment of Impositions. Upon (a) Tenant shall, not later than the Lender’s delivery of notice to Borrower with reasonable evidence due date thereof, Borrower will promptly pay upon demand all Impositions imposed upon Lender by or at least five (5) days prior to the day before any state fine, interest, penalty or cost may be added thereto or imposed, or at least five (5) days prior to the day any lien may be filed for the non-payment thereof (if such day is used to determine the due date of the United States respective item), pay and discharge all taxes (including real and personal property, franchise, sales and rent (b) Landlord shall have the right at any time following the occurrence and during the continuation of an Event of Default to require Tenant to pay to Landlord (or political subdivision thereof or Lender if Landlord is so required pursuant to the United States by reason terms of the Loan DocumentsMortgage) an additional monthly sum (the "Escrow Payments") sufficient to pay the Escrow Charges (as hereinafter defined) as they become due. As used herein, "Escrow Charges" shall mean real estate taxes on the Leased Premises or payments in lieu thereof and premiums on any insurance required by this Lease. Landlord shall determine the amount of the Escrow Charges and of each Escrow Payment. As long as the Escrow Payments are being held by Landlord and not Lender, or if Lender shall hold the Escrow Payments and shall so agree, the Collateral and/or any sale, rental, use, delivery or transfer of title to the Collateral, other than taxes, levies, imposts, deductions, charges or withholdings imposed on, or measured by reference to, the net income payable or franchise tax payable by Lender to any state of the United States or political subdivision thereof or to the United States under Section 11 or 1201 of the Internal Revenue Code, as amended, or otherwise in consequence of the receipt of payments provided for in the Loan Documents. If it is unlawful for Borrower to pay such Impositions, Borrower Escrow Payments shall not be required commingled with other funds of Landlord or other Persons and interest shall accrue thereon for the benefit of Tenant, from the date such monies are received by or on behalf of Landlord to the date such monies are disbursed to pay such Impositions; but Lender Escrow Charges. Landlord or Lender, as the case may demand be, shall apply the Escrow Payments to the payment of the Escrow Charges in such additional amount order or priority as is necessary to maintain Lender's yields on the Loan in either a single payment Landlord shall determine or at Lender's option, in installment payments, and Borrower will pay such amount upon demandas required by law. If Lender has not received evidence satisfactory at any time the Escrow Payments theretofore paid to it from Borrower that Landlord or Lender, as the case may be, shall be insufficient for the payment of the Escrow Charges, Tenant, within ten (10) days after Landlord's demand therefor, which shall include written verification of such Impositions have been paid by Borrower within 5 Business Days after demand was made upon Borrower to make such paymentdeficiency, Lender may, at its option, shall pay the same, and Borrower shall immediately reimburse Lender for such sums so expended, together with interest at amount of the Default Rate. If Borrower pays any such Impositions and Lender subsequently receives a refund or reimbursement of such amounts, Lender shall promptly deliver such refund or reimbursement (without interest) deficiency to Borrower provided no Incipient Default or Event of Default existsLandlord.

Payment of Impositions. Upon the Lender’s delivery of notice to Borrower with reasonable evidence thereof, Borrower will promptly pay upon demand all Impositions imposed upon Lender by any state of the United States or political subdivision thereof or the United States by reason of the Loan Documents, the Collateral and/or any sale, rental, use, delivery or transfer of title to the Collateral, other than taxes, levies, imposts, deductions, charges or withholdings imposed on, or any tax measured by reference to, the net income payable or franchise tax payable by Lender to any state State of the United States or political subdivision thereof or to the United States of America under Section SECTION 11 or OR 1201 of the Internal Revenue Code, as amended, or otherwise in consequence of the receipt of payments provided for in the Loan Documents. If it is unlawful for Borrower to pay such Impositions, Borrower shall not be required to pay such Impositions; but Lender may demand payment of such additional amount as is necessary to maintain Lender's yields on the Inventory Loan in either a single payment or at Lender's option, in installment payments, and Borrower will pay such amount upon demand. If it is unlawful to pay such additional amount, Borrower shall not be required to pay it; but Lender may demand immediate payment of the Obligations in full, and Borrower will pay the Obligations in full within sixty (60) days after such demand. If Lender has not received evidence satisfactory to it from Borrower that such Impositions have been paid by Borrower within 5 five (5) Business Days after demand was made upon Borrower to make such payment, Lender may, at its option, pay the same, and Borrower shall immediately reimburse Lender for such sums so expended, together with interest at the Default Rate. If Borrower pays any such Impositions and Lender subsequently receives a refund or reimbursement of such amounts, Lender shall promptly deliver such refund or reimbursement (without interest) to Borrower provided no Incipient Default or Event of Default exists.

Payment of Impositions. Upon The Borrower shall pay the Lender’s delivery Impositions on or before the last day on which they may be paid without penalty or interest, and shall, with respect to any lienable Impositions, furnish the Lender with a paid receipt or a cancelled check as evidence of notice to Borrower with reasonable evidence thereof, Borrower will promptly pay upon demand all Impositions imposed upon payment within thirty (30) days. If the Lender by any state of the United States or political subdivision thereof or the United States by reason of the Loan Documentsdoes not receive such evidence, the Collateral and/or any sale, rental, use, delivery or transfer of title to the Collateral, other than taxes, levies, imposts, deductions, charges or withholdings imposed on, or measured by reference to, the net income payable or franchise tax payable by Lender to any state of the United States or political subdivision thereof or to the United States under Section 11 or 1201 of the Internal Revenue Code, as amended, or otherwise in consequence of the receipt of payments provided for in the Loan Documentsmay obtain it directly. If it is unlawful does so, the Lender will charge the Borrower an administrative fee of Two Hundred Fifty Dollars ($250) for securing the evidence of payment. The payment of this fee shall be a demand obligation of the Borrower. The Borrower may meet the Imposition payment requirements of this Subsection 6.6 by remitting the Monthly Escrow Payments when due, by immediately providing Notice to the Lender of any new Imposition, increased Imposition, or change in the due date or delinquency date of any Imposition, and by paying to the Lender on demand any amount required to increase the Escrow Fund to an amount sufficient to permit the Lender to pay all Impositions from the Escrow Fund prior to the delinquency thereof. If the Borrower fails to provide Notice to the Lender of any change in the due date or delinquency date of any Imposition, and as the result of such Impositionsfailure, a taxing authority imposes any penalty or charge, or any discount is rendered unavailable, the Lender shall have no liability to the Borrower for any such additional expense. If the Borrower wishes to contest the validity or amount of an Imposition, it may do so by complying with Section 12. If any new Legal Requirement (other than a general tax on income or on interest payments) taxes this Deed of Trust so that the yield on the Indebtedness would be reduced, and the Borrower may lawfully pay the tax or reimburse the Lender for its payment, the Borrower shall not be required to pay such Impositions; but Lender may demand payment of such additional amount as is necessary to maintain Lender's yields on the Loan in either a single payment or at Lender's option, in installment payments, and Borrower will pay such amount upon demand. If Lender has not received evidence satisfactory to it from Borrower that such Impositions have been paid by Borrower within 5 Business Days after demand was made upon Borrower to make such payment, Lender may, at its option, pay the same, and Borrower shall immediately reimburse Lender for such sums so expended, together with interest at the Default Rate. If Borrower pays any such Impositions and Lender subsequently receives a refund or reimbursement of such amounts, Lender shall promptly deliver such refund or reimbursement (without interest) to Borrower provided no Incipient Default or Event of Default existsdo so.

Payment of Impositions. Mortgagor shall deposit at the time of each payment of an installment of interest (and, where required, principal) required to be paid by Mortgagor under the Note, until all of the Indebtedness and Obligations are paid and performed in full, an additional amount equal to one-twelfth of those annual Impositions which, if not timely paid, may result in a Lien upon the Mortgaged Property superior to the Lien of this Mortgage (which Impositions shall include, without limitation, all ad volorem real property taxes assessed from time to time against the Mortgaged Property), such amount to be estimated by Mortgagee. Mortgagee shall cause the funds held by it pursuant to this SECTION 5.3 to be maintained in one or more interest-bearing accounts in accordance with Mortgagee's customary practices for the payment of interest on account balances, including, without limitation, minimum balance requirements. All interest accruing on such funds shall be added to and shall become a part thereof. Mortgagor shall cause all bills, statements or other documents relating to such Impositions to be sent or mailed directly to Mortgagee. Upon receipt of such bills, statements or other documents, and provided that Mortgagor has timely deposited sufficient funds with Mortgagee pursuant to this SECTION 5.3, Mortgagee shall pay such amounts as may be due thereunder out of the Lender’s delivery funds so deposited with Mortgagee. If at any time and for any reason the funds deposited with Mortgagee are or will be insufficient to pay such amounts as may then or subsequently be due, Mortgagee shall notify Mortgagor and Mortgagor shall immediately deposit an amount equal to any such deficiency with Mortgagee. Notwithstanding the foregoing, nothing contained herein shall cause Mortgagee to be deemed a trustee of notice said funds or to Borrower be obligated to pay any amounts in excess of the amount of funds deposited with reasonable evidence Mortgagee pursuant to this SECTION 5.3 plus interest accrued thereon. All funds deposited with Mortgagee hereunder may be commingled with any other sums held by Mortgagee. Should Mortgagor fail to deposit with Mortgagee (exclusive of that portion of said payments which has been applied by Mortgagee to the principal of or interest on the Indebtedness) sums sufficient to fully pay such Impositions at least thirty (30) days before delinquency thereof, Borrower will promptly pay Mortgagee may, at Mortgagee's election, but without any obligation to do so, advance any amounts required to make up the deficiency, which advances, if any, shall be secured hereby and shall be repayable to Mortgagee as herein elsewhere provided, or at the option of Mortgagee, the latter may, without making any advance whatever, apply any sums held by it upon demand all Impositions imposed any obligation of Mortgagor secured hereby. All amounts so deposited shall be held by Mortgagee as additional security for the sums secured by this Mortgage and upon Lender by the occurrence of an Event of Default hereunder Mortgagee may, in its sole and absolute discretion and without regard to the adequacy of its security hereunder, apply such amounts or any state portion thereof to any part of the United States Indebtedness secured hereby. Any such application of said amounts or political subdivision any portion thereof to any indebtedness secured hereby shall not be construed to cure or waive any default or notice of default hereunder or invalidate any act done pursuant to any such default or notice. Upon full payment of the United States Indebtedness, or, at the election of Mortgagee at any prior time, the balance of such amounts shall be paid over to Mortgagor and no other party shall have any right or claim thereto. The receipt, use or application of any such sums paid by reason Mortgagor to Mortgagee hereunder shall not be construed to affect the maturity of any Indebtedness or any of the rights or powers of Mortgagee or Mortgagor under the terms of the Loan DocumentsDocuments or any of the Obligations. Upon assignment of this Mortgage, Mortgagee shall have the Collateral and/or right to pay over the balance of any sale, rental, use, delivery or transfer of title such sums paid by Mortgagor to Mortgagee hereunder then in Mortgagee's possession to the Collateralassignee hereof and Mortgagee shall thereupon be completely released from all liability with respect to such amounts. Without limiting any of Mortgagor's obligations under this SECTION 5.3, other than taxesMortgagor shall have the right to contest any such Imposition prior to payment so long as (i) Mortgagor contests such Imposition in good faith, levies(ii) Mortgagor sends advance written notice to Mortgagee that Mortgagor is contesting such Imposition, imposts, deductions, charges (iii) Mortgagor posts a bond with a party acceptable to Mortgagee which is sufficient to pay the Imposition or withholdings imposed on, or measured by reference to, otherwise secures the net income payable or franchise tax payable by Lender to any state Mortgagee against collection of the United States or political subdivision thereof or to same against the United States under Section 11 or 1201 of the Internal Revenue Code, as amended, or otherwise in consequence of the receipt of payments provided for in the Loan Documents. If it is unlawful for Borrower to pay such Impositions, Borrower shall not be required to pay such Impositions; but Lender may demand payment of such additional amount as is necessary to maintain Lender's yields on the Loan in either a single payment or at Lender's option, in installment paymentsMortgaged Property, and Borrower will pay (iv) such amount upon demand. If Lender has contest does not received evidence satisfactory to it from Borrower that such Impositions have been paid by Borrower within 5 Business Days after demand was made upon Borrower to make such payment, Lender may, at its option, pay impair the same, and Borrower shall immediately reimburse Lender for such sums so expended, together with interest at the Default Rate. If Borrower pays Mortgaged Property in any such Impositions and Lender subsequently receives a refund or reimbursement of such amounts, Lender shall promptly deliver such refund or reimbursement (without interest) to Borrower provided no Incipient Default or Event of Default existsmanner.

Payment of Impositions. Upon During the Lender’s delivery of notice to Borrower with reasonable evidence thereof, Borrower will promptly pay upon demand all Impositions imposed upon Lender by any state term of the United States or political subdivision thereof or the United States by reason of the Loan Documents, the Collateral and/or any sale, rental, use, delivery or transfer of title to the Collateral, other than taxes, levies, imposts, deductions, charges or withholdings imposed on, or measured by reference to, the net income payable or franchise tax payable by Lender to any state of the United States or political subdivision thereof or to the United States under Section 11 or 1201 of the Internal Revenue Code, as amended, or otherwise in consequence of the receipt of payments provided for in the Loan Documents. If it is unlawful for Borrower to pay such ImpositionsLoan, Borrower shall not be required to pay such Impositions; but Lender may demand all Impositions when due and before imposition of any penalty or interest thereon, and provide American Family proof of payment of real estate taxes and property-related assessments not later than fifteen (15) days after such additional amount as is necessary to maintain Lender's yields on the Loan in either a single payment or at Lender's option, in installment payments, and Impositions would become delinquent if not paid. Borrower will pay such amount upon demand. If Lender has not received evidence satisfactory to it from Borrower shall annually certify that such all Impositions have been timely paid for the preceding twelve (12) months. In the event a payment of an Imposition becomes delinquent, Borrower shall in writing, report the due date and amount of such delinquency to American Family within fifteen (15) days of the date of such delinquency. In the event of a court decree or any enactment after the date hereof by any legislative authority of any law imposing upon a holder of a security deed payment of the whole or any part of any Impositions herein required to be paid by Borrower, or changing in any way the laws relating to the taxation of security deeds or debts secured by security deed so as to impose such Imposition upon American Family or on the interest of American Family in the Premises, then in any such event, Borrower within 5 Business Days after demand was made upon shall bear and pay the full amount of such Imposition, provided that if for any reason payment by Borrower to make of any such paymentImposition would be unlawful, Lender mayor if the payment thereof would constitute usury or render the Indebtedness wholly or partially usurious, American Family, at its option, may pay that amount or that portion of such Imposition which renders the Indebtedness unlawful or usurious, in which event Borrower shall concurrently therewith pay the same, remaining lawful and non-usurious portion or balance of said Imposition. Nothing herein shall obligate Borrower shall immediately to reimburse Lender for such sums so expended, together income or similar taxes payable by Lender in connection with interest at the Default Rate. If Borrower pays any such Impositions and Lender subsequently receives a refund or reimbursement of such amounts, Lender shall promptly deliver such refund or reimbursement (without interest) to Borrower provided no Incipient Default or Event of Default existsLoan secured hereby.

Payment of Impositions. Upon During the Lender’s delivery of notice to Borrower with reasonable evidence thereofLease Term, Borrower will promptly Tenant shall pay upon demand all Impositions imposed upon Lender by any state of the United States or political subdivision thereof or the United States by reason of the Loan Documents, the Collateral and/or any sale, rental, use, delivery or transfer of title at least ten (10) business days prior to the Collateraldate they become delinquent as Additional Rent hereunder and shall cause all invoices and notices related to Impositions to be sent to Tenant unless legally prohibited from doing so. If Tenant is legally prohibited from receiving invoices and notices related to Impositions, other than taxes, levies, imposts, deductions, charges or withholdings imposed on, or measured by reference to, the net income payable or franchise tax payable by Lender Landlord shall promptly deliver to any state Tenant a copy of the United States or political subdivision thereof or all invoices and notices related to Impositions which Landlord shall receive and for which Tenant is responsible under this Section 5.2. Notwithstanding anything to the United States under Section 11 or 1201 of the Internal Revenue Codecontrary contained herein, as amended, or otherwise in consequence of the receipt of payments provided for in the Loan Documents. If it is unlawful for Borrower to pay such Impositions, Borrower Tenant shall not be required in default hereunder for its failure to timely pay any Imposition for which it is responsible hereunder if Landlord fails to promptly forward any such invoice or notice therefor actually received by Landlord provided Tenant has not otherwise received notice of the amount of the Imposition then due. Upon Landlord’s request, Tenant shall deliver to Landlord written evidence of each such payment. To the extent that any such Impositions are imposed upon Landlord, at Landlord’s option, Tenant shall either pay such Impositions directly to the taxing authority or reimburse Landlord for such Impositions paid by Landlord. If the Lease Term expires on a day other than the last day of a calendar year, then Tenant’s liability for Impositions for such calendar year shall be apportioned by multiplying the amount of Impositions for the full calendar year by a fraction, the numerator of which is the number of days during such calendar year falling within the Lease Term, and the denominator of which is three hundred sixty-five (365). Notwithstanding the foregoing, upon the occurrence and continuation of an Event of Default and written demand by Landlord, Tenant shall pay Impositions in escrow to Landlord in monthly installments as Additional Rent simultaneously with Base Rent in an amount calculated by Landlord to pay in full Impositions which will become due and payable for the applicable current period over the number of months remaining between the date of such Impositions; but Lender may demand and the date payment of such additional amount as Impositions is necessary to maintain Lender's yields on due. The provisions of this Section 5.2 shall survive the Loan in either a single payment Expiration Date or at Lender's option, in installment payments, and Borrower will pay such amount upon demand. If Lender has not received evidence satisfactory to it from Borrower that such Impositions have been paid by Borrower within 5 Business Days after demand was made upon Borrower to make such payment, Lender may, at its option, pay the same, and Borrower shall immediately reimburse Lender for such sums so expended, together with interest at the Default Rate. If Borrower pays any such Impositions and Lender subsequently receives a refund or reimbursement earlier termination of such amounts, Lender shall promptly deliver such refund or reimbursement (without interest) to Borrower provided no Incipient Default or Event of Default existsthis Lease.

Payment of Impositions. Upon (a) Tenant shall, before interest or penalties are due thereon, pay and discharge all taxes (including real and personal property, franchise, sales and rent taxes), all charges for any easement or agreement maintained for the Lender’s delivery benefit of notice any of the Leased Premises, all assessments and levies, all permit, inspection and license fees, all rents and charges for water, sewer, utility and communication services relating to Borrower with reasonable evidence thereofany of the Leased Premises, Borrower will promptly pay upon demand all Impositions ground rents and all other public charges whether of a like or different nature, even if unforeseen or extraordinary, imposed upon Lender or assessed against (i) Tenant, (ii) Tenant's leasehold interest in the (b) Landlord shall have the right following the occurrence of an Event of Default or if required by any state of the United States or political subdivision thereof or the United States by reason of the Loan DocumentsLender, the Collateral and/or any sale, rental, use, delivery or transfer of title to the Collateral, other than taxes, levies, imposts, deductions, charges or withholdings imposed on, or measured by reference to, the net income payable or franchise tax payable by Lender to any state of the United States or political subdivision thereof or to the United States under Section 11 or 1201 of the Internal Revenue Code, as amended, or otherwise in consequence of the receipt of payments provided for in the Loan Documents. If it is unlawful for Borrower require Tenant to pay such Impositions, Borrower shall not be required to Landlord an additional monthly sum (each an "Escrow Payment") sufficient to pay such Impositions; but the Escrow Charges (as hereinafter defined) as they become due (provided that Landlord shall request that the Lender may demand payment of such additional amount as is necessary to maintain Lender's yields on not require the Loan in either a single payment or at Lender's option, in installment payments, and Borrower will pay such amount upon demand. If Lender has not received evidence satisfactory to it from Borrower that such Impositions have been paid by Borrower within 5 Business Days after demand was made upon Borrower to make such payment, Lender may, at its option, pay the same, and Borrower shall immediately reimburse Lender for such sums so expended, together with interest at the Default Rate. If Borrower pays any such Impositions and Lender subsequently receives a refund or reimbursement of such amounts, Lender shall promptly deliver such refund or reimbursement (without interest) to Borrower provided no Incipient Default or escrow described herein unless an Event of Default exists). As used herein, "Escrow Charges" shall mean real estate taxes on the Leased Premises or payments in lieu thereof and premiums on any insurance required by this Lease. Landlord shall determine the amount of the Escrow Charges and of each Escrow Payment based on the most recent charges for Escrow Charges. As long as the Escrow Payments are being held by Landlord the Escrow Payments shall not be commingled with other funds of Landlord or other Persons and interest thereon shall accrue for the benefit of Tenant from the date such monies are received and invested until the date such monies are disbursed to pay Escrow Charges. Landlord shall apply the Escrow Payments to the payment of the Escrow Charges in such order or priority as Landlord shall determine or as required by law. If at any time the Escrow Payments theretofore paid to Landlord shall be insufficient for the payment of the Escrow Charges, Tenant, within thirty (30) days after Landlord's demand therefor, shall pay the amount of the deficiency to Landlord.

Payment of Impositions. Upon the Lender’s delivery of notice to Borrower borrower with reasonable evidence thereof, Borrower will promptly pay upon demand all Impositions imposed upon Lender by any state of the United States or political subdivision thereof or the United States by 6284.98.499412.15 51 9/30/2010 reason of the Loan Documents, the Collateral and/or any sale, rental, use, delivery or transfer of title to the Collateral, other than taxes, levies, imposts, deductions, charges or withholdings imposed on, or measured by reference to, the net income payable or franchise tax payable by Lender to any state of the United States or political subdivision thereof or to the United States under Section 11 or 1201 of the Internal Revenue Code, as amended, or otherwise in consequence of the receipt of payments provided for in the Loan Documents. If it is unlawful for Borrower to pay such Impositions, Borrower shall not be required to pay such Impositions; but Lender may demand payment of such additional amount as is necessary to maintain Lender's yields on the Loan in either a single payment or at Lender's option, in installment payments, and Borrower will pay such amount upon demand. If Lender has not received evidence satisfactory to it from Borrower that such Impositions have been paid by Borrower within 5 Business Days after demand was made upon Borrower to make such payment, Lender may, at its option, pay the same, and Borrower shall immediately reimburse Lender for such sums so expended, together with interest at the Default Rate. If Borrower pays any such Impositions and Lender subsequently receives a refund or reimbursement of such amounts, Lender shall promptly deliver such refund or reimbursement (without interest) to Borrower provided no Incipient Default or Event of Default exists.

Payment of Impositions. Upon the Lender’s delivery of notice to Borrower with reasonable evidence thereof, Borrower will promptly pay upon demand all Impositions imposed upon Lender by any state of the United States or political subdivision thereof or the United States by reason of the Loan Documents, the Collateral and/or any sale, rental, use, delivery or transfer of title to the Collateral, other than taxes, levies, imposts, deductions, charges or withholdings imposed on, or measured by reference to, the net income payable or franchise tax payable by Lender to any state of the United States or political subdivision thereof or to the United States under Section 11 or 1201 of the Internal Revenue Code, as amended, or otherwise in consequence of the receipt of payments provided for in the Loan Documents. If it is unlawful for Borrower to pay such Impositions, Borrower shall not be required to pay such Impositions; but Lender may demand payment of such additional amount as is necessary to maintain Lender's yields on the Loan in either a single payment or at Lender's option, in installment payments, and Borrower will pay such amount upon demand. If Lender has not received evidence satisfactory to it from Borrower that such Impositions have been paid by Borrower within 5 Business Days after demand was made upon Borrower to make such payment, Lender may, at its option, pay the same, and Borrower shall immediately reimburse Lender for such sums so expended, together with interest at the Default Rate. If Borrower pays any such Impositions and Lender subsequently receives a refund or reimbursement of such amounts, Lender shall promptly deliver such refund or reimbursement (without interest) to Borrower provided no Incipient Default or Event of Default exists..