Payment of Taxes and Other Charges. Subject to the provisions of Section 5 below, Borrower shall pay all taxes, assessments, water rates and sewer rents now or hereafter levied or assessed or imposed against the Property or any part thereof (the “Taxes”) and all ground rents, maintenance charges, other governmental impositions, and other charges, including without limitation vault charges and license fees for the use of vaults, chutes and similar areas adjoining the Premises, now or hereafter levied or assessed or imposed against the Property or any part thereof (the “Other Charges”), each as the same become due and payable. Borrower shall not suffer and shall promptly cause to be paid and discharged any lien or charge whatsoever which may be or become a lien or charge against the Property, and Borrower shall promptly pay for all utility services provided to the Property. Borrower shall furnish to Lender or its designee receipts for the payment of the Taxes, Other Charges and said utility services prior to the date the same shall become delinquent (provided, however, that Borrower is not required to furnish such receipts for payment of Taxes in the event that such Taxes have been paid by Lender pursuant to Section 5 hereof).
Appears in 2 contracts
Samples: Trust and Security Agreement (Infousa Inc), And Security Agreement (Infousa Inc)
Payment of Taxes and Other Charges. Subject to the provisions of Section 5 below, Borrower Mortgagor shall pay all taxes, assessments, water rates and sewer rents rents, now or hereafter levied or assessed or imposed against the Mortgaged Property or any part thereof (the “"Taxes”") and all ground rents, maintenance charges, other governmental impositions, and other charges, including without limitation vault charges and license fees for the use of vaults, chutes and similar areas adjoining the Premises, now or hereafter levied or assessed or imposed against the Mortgaged Property or any part thereof (the “"Other Charges”), each ") as the same become due and payable. Borrower Mortgagor will deliver to Mortgagee, promptly upon Mortgagee's request, evidence satisfactory to Mortgagee that the Taxes and Other Charges have been so paid or are not then delinquent. Mortgagor shall not suffer and shall promptly cause to be paid and discharged any lien or charge whatsoever which may be or become a lien or charge against the Mortgaged Property, and Borrower shall promptly pay for all utility services provided to the Mortgaged Property. Borrower Mortgagor shall furnish to Lender Mortgagee or its designee receipts for the payment of the Taxes, Other Charges and said utility services prior to the date the same shall become delinquent (provided, however, that Borrower is not required to furnish such receipts for payment of Taxes in the event that such Taxes have been paid by Lender pursuant to Section 5 hereof)delinquent.
Appears in 2 contracts
Samples: Mortgage (Ramco Gershenson Properties Trust), Ramco Gershenson Properties Trust
Payment of Taxes and Other Charges. Subject to the provisions of Section 5 below, Borrower shall pay all taxes, assessments, water rates and sewer rents rents, now or hereafter levied or assessed or imposed against the Property or any part thereof (the “Taxes”) and all ground rents, maintenance charges, other governmental impositions, and other charges, including without limitation vault charges and license fees for the use of vaults, chutes and similar areas adjoining the Premises, now or hereafter levied or assessed or imposed against the Property or any part thereof (the “Other Charges”), each ) as the same become due and payable. Borrower will deliver to Grantee, promptly upon Grantee’s request, evidence satisfactory to Grantee that the Taxes and Other Charges have been so paid or are not then delinquent. Borrower shall not suffer and shall promptly cause to be paid and discharged any lien or charge whatsoever which may be or become a lien or charge against the Property, and Borrower shall promptly pay for all utility services provided to the Property. Borrower shall furnish to Lender Grantee or its designee receipts for the payment of the Taxes, Other Charges and said utility services prior to the date the same shall become delinquent (provided, however, that Borrower is not required to furnish such receipts for payment of Taxes in the event that such Taxes have been paid by Lender Grantee pursuant to Section 5 hereof).
Appears in 1 contract
Samples: Security Agreement (KBS Strategic Opportunity REIT, Inc.)
Payment of Taxes and Other Charges. Subject to the provisions of -------------------------------------- Section 5 below, Borrower shall pay all taxes, assessments, water rates and ---------- sewer rents now or hereafter levied or assessed or imposed against the Property or any part thereof (the “Taxes”) and all ground rents, maintenance charges, other governmental impositions, and other charges, including without limitation vault charges and license fees for the use of vaults, chutes and similar areas adjoining the Premises, now or hereafter levied or assessed or imposed against the Property or any part thereof (the “"Taxes") and all ground rents, maintenance charges, ----- other governmental impositions, and other charges, now or hereafter levied or assessed or imposed against the Property or any part thereof (the "Other ----- Charges”), each ") as the same become due and payable. Borrower will deliver to Lender, promptly upon Lender's request, evidence satisfactory to Lender that the Taxes and Other Charges have been so paid or are not then delinquent. Borrower shall not suffer and shall promptly cause to be paid and discharged any lien or charge whatsoever which may be or become a lien or charge against the Property, and Borrower shall promptly pay for all utility services provided to the Property. Borrower shall furnish to Lender or its designee receipts for the payment of the Taxes, Other Charges and said utility services prior to the date the same shall become delinquent (provided, however, that Borrower is not required to furnish such receipts for payment of Taxes in the event that such Taxes have been paid by Lender pursuant to Section 5 hereof).. ----------
Appears in 1 contract
Samples: Cytation Corp
Payment of Taxes and Other Charges. Subject to the provisions of Section 5 below, Borrower Mortgagor shall pay all taxes, assessments, water rates and sewer rents rents, now or hereafter levied or assessed or imposed against the Mortgaged Property or any part thereof (the “"Taxes”") and all ground rents, maintenance charges, other governmental impositions, and other charges, including without limitation vault charges and license fees for the use of vaults, chutes and similar areas adjoining the Premises, now or hereafter levied or assessed or imposed against the Mortgaged Property or any part thereof (the “"Other Charges”), each ") as the same become due and payable. Borrower Mortgagor will deliver to Mortgagee, promptly upon Mortgagee's request, evidence satisfactory to Mortgagee that the Taxes and Other Charges have been so paid or are not then delinquent. Mortgagor shall not suffer and shall promptly cause to be paid and discharged any lien or charge whatsoever which may be or become a lien or charge against the Mortgaged Property, and Borrower shall promptly pay for all utility services provided to the Mortgaged Property. Borrower Mortgagor shall furnish to Lender Mortgagee or its designee receipts for the payment of the Taxes, Other Charges and said utility services prior to the date the same shall become delinquent (delinquent; provided, however, that Borrower Mortgagor is not required to furnish such receipts for payment of Taxes in the event that such Taxes have been paid by Lender Mortgagee pursuant to Section 5 hereof).
Appears in 1 contract
Samples: Kranzco Realty Trust
Payment of Taxes and Other Charges. Subject to the provisions of Section 5 belowbelow and in accordance with the Cash Management Agreement, Borrower Mortgagor shall pay all taxes, assessments, water rates and sewer rents rents, now or hereafter levied or assessed or imposed against the Mortgaged Property or any part thereof (the “"Taxes”") and all ground rents, maintenance charges, other governmental impositions, and other charges, including without limitation vault charges and license fees for the use of vaults, chutes and similar areas adjoining the Premises, now or hereafter levied or assessed or imposed against the Mortgaged Property or any part thereof (the “"Other Charges”), each ") as the same become due and payable. Borrower Mortgagor will deliver to Mortgagee, promptly upon Mortgagee's request, evidence satisfactory to Mortgagee that the Taxes and Other Charges have been so paid or are not then delinquent. Mortgagor shall not suffer and shall promptly cause to be paid and discharged any lien or charge whatsoever which may be or become a lien or charge against the Mortgaged Property, and Borrower shall promptly pay for all utility services provided to the Mortgaged Property. Borrower Mortgagor shall furnish to Lender Mortgagee or its designee receipts for the payment of the Taxes, Other Charges and said utility services prior to the date the same shall become delinquent (provided, however, that Borrower Mortgagor is not required to furnish such receipts for payment of Taxes in the event that such Taxes have been paid by Lender Mortgagee pursuant to Section 5 hereof).
Appears in 1 contract
Samples: First Potomac Realty Trust
Payment of Taxes and Other Charges. Subject to the provisions of Section 5 below, Borrower Mortgagor shall pay all taxes, assessments, water rates and sewer rents rents, now or hereafter levied or assessed or imposed against the Mortgaged Property or any part thereof (the “"Taxes”") and all ground rents, maintenance charges, other governmental impositions, and other charges, including without limitation vault charges and license fees for the use of vaults, chutes and similar areas adjoining the Premises, now or hereafter levied or assessed or imposed against the Mortgaged Property or any part thereof (the “"Other Charges”), each ") as the same become due and payable. Borrower Mortgagor will deliver to Mortgagee, promptly upon Mortgagee's request, evidence satisfactory to Mortgagee that the Taxes and Other Charges have been so paid or are not then delinquent. Mortgagor shall not suffer and shall promptly cause to be paid and discharged any lien or charge whatsoever which may be or become a lien or charge against the Mortgaged Property, and Borrower shall promptly pay for all utility services provided to the Mortgaged Property. Borrower Mortgagor shall furnish to Lender Mortgagee or its designee receipts for the payment of the Taxes, Other Charges and said utility services prior to the date the same shall become delinquent (provided, however, that Borrower Mortgagor is not required to furnish such receipts for payment of Taxes in the event that such Taxes have been paid by Lender Mortgagee pursuant to Section 5 hereof).
Appears in 1 contract
Samples: Ramco Gershenson Properties Trust
Payment of Taxes and Other Charges. Subject to the provisions of Section 5 below, (a) Borrower shall pay or cause to be paid and discharged all taxes, assessments, water rates and sewer rents now or hereafter levied or assessed or imposed against the Mortgaged Property or any part thereof (collectively the “"Taxes”) "!, and all ground rents, utility charges, maintenance charges, other governmental impositions, and all other chargesLiens or charges whatsoever which may be or become a Lien or charge against the Mortgaged Property (including, including without limitation limitation, mechanics and materialmen's liens, vault charges and license fees for the use of vaults, chutes and similar areas adjoining the Premises), now or hereafter levied related to, or levied, assessed or imposed against against, the Mortgaged Property or any part thereof (collectively the “"Other Charges”), each ") as the same become due and payable. Borrower will deliver to Lender, within thirty (30) days of the due date of the Taxes and Other Charges, evidence satisfactory to Lender that the Taxes and Other Charges have been paid prior to the same becoming delinquent. (b) After prior written notice to Lender, Borrower, at its own expense, may contest by appropriate legal proceeding, promptly initiated and conducted in good faith and with due diligence, the amount or validity or application in whole or in part of any of the Taxes or Other Charges, provided that: (i) no Event of Default has occurred and shall be continuing; (ii) Borrower is permitted to do so under the provisions of any mortgage, deed of trust, ground lease, or other instrument which creates a superior or junior lien to this Mortgage (it being understood that no such superior or junior liens will be permitted unless specifically allowed, in writing, by Lender); (iii) such proceeding shall be permitted under and be conducted in accordance with the provisions of any other instrument to which Borrower is subject and shall not suffer and constitute a default thereunder; (iv) neither the Mortgaged Property nor any part thereof or interest therein will be in danger of being sold, forfeited, terminated, cancelled or lost; (v) Borrower shall promptly cause have set aside adequate reserves (which Lender may, at its option, require to be paid and discharged any lien or charge whatsoever which may be or become a lien or charge against the Property, and Borrower shall promptly pay for all utility services provided to the Property. Borrower shall furnish to Lender or its designee receipts placed in escrow with Lender) for the payment of the TaxesTaxes or Other Charges, Other Charges together with all interest and said utility services prior penalties; and (vi) Borrower shall have furnished such security as may be required in the proceeding, or as may be requested by Lender to insure the date the same shall become delinquent (provided, however, that Borrower is not required to furnish such receipts for payment of Taxes in the event that any such Taxes have been paid by Lender pursuant to Section 5 hereof)or Other Charges, together with all interest and penalties thereon. 6.
Appears in 1 contract
Samples: Mortgage, Security Agreement (Cardinal Ethanol LLC)
Payment of Taxes and Other Charges. Subject to the provisions of Section 5 below, Borrower Mortgagor shall pay all taxes, assessments, water rates and sewer rents rents, now or hereafter levied or assessed or imposed against the Mortgaged Property or any part thereof (the “"Taxes”") and all ground rents, maintenance charges, other governmental impositions, and other charges, including without limitation vault charges and license fees for the use of vaults, chutes and similar areas adjoining the Premises, now or hereafter levied or assessed or imposed against the Mortgaged Property or any part thereof (the “"Other Charges”), each ") as the same become due and payable. Borrower Mortgagor will deliver to Mortgagee, promptly upon Mortgagee's request, evidence satisfactory to Mortgagee that the Taxes and Other Charges have been so paid or are not then delinquent. Mortgagor shall not suffer and shall promptly cause to be paid and discharged any lien or charge whatsoever which may be or become a lien or charge against the Mortgaged Property, and Borrower shall promptly pay for all utility services provided to the Mortgaged Property. Borrower Mortgagor shall furnish to Lender Mortgagee or its designee receipts for the payment of the Taxes, Other Charges and said utility services prior to the date the same shall become delinquent (provided, however, that Borrower Mortgagor is not required to furnish such receipts for payment of Taxes in the event that such Taxes have been paid by Lender Mortgagee pursuant to Section 5 hereof).
Appears in 1 contract
Samples: Ramco Gershenson Properties Trust
Payment of Taxes and Other Charges. Subject to the provisions of Section 5 below, Borrower shall pay all taxes, assessments, water rates and sewer rents rents, now or hereafter levied or assessed or imposed against the Property or any part thereof (the “"Taxes”") and all ground rents, maintenance charges, other governmental impositions, and other charges, including without limitation vault charges and license fees for the use of vaults, chutes and similar areas adjoining the Premises, now or hereafter levied or assessed or imposed against the Property or any part thereof (the “"Other Charges”"), each as the same become due and payable. Borrower will deliver to Lender evidence satisfactory to Lender that the Taxes and Other Charges have been so paid or are not then delinquent. Borrower shall not suffer and shall promptly cause to be paid and discharged any lien or charge whatsoever which may be or become a lien or charge against the Property, and Borrower shall promptly pay for all utility services provided to the Property. Borrower shall furnish to Lender or its designee receipts for the payment of the Taxes, Other Charges and said utility services prior to the date the same shall become delinquent (provided, however, that Borrower is not required to furnish such receipts for payment of Taxes in the event that such Taxes have been paid by Lender pursuant to Section 5 hereof)delinquent.
Appears in 1 contract
Samples: Ramco Gershenson Properties Trust
Payment of Taxes and Other Charges. Subject to the provisions of Section 5 belowbelow and in accordance with the Cash Management Agreement, Borrower Mortgagor shall pay all taxes, assessments, water rates and sewer rents rents, now or hereafter levied or assessed or imposed against the Mortgaged Property or any part thereof (the “"Taxes”") and all ground rents, maintenance charges, other governmental impositions, and other charges, including without limitation vault charges and license fees for the use of vaults, chutes and similar areas adjoining the Premises, now or hereafter levied or assessed or imposed against the Mortgaged Property or any part thereof (the “"Other Charges”), each ") as the same become due and payable. Borrower Mortgagor will deliver to Mortgagee, promptly upon Mortgagee's request, evidence satisfactory to Mortgagee that the Taxes and Other Charges have been so paid or are not then delinquent. Mortgagor shall not suffer and shall promptly cause to be paid and discharged any lien or charge whatsoever which may be or become a lien or charge against the Mortgaged Property, and Borrower shall promptly pay for all utility services provided to the Mortgaged Property. Borrower Mortgagor shall furnish to Lender Mortgagee or its designee receipts for the payment of the Taxes, Other Charges and said utility services prior to the date the same shall become delinquent (provided, however, ; that Borrower Mortgagor is not required to furnish such receipts for payment of Taxes in the event that such Taxes have been paid by Lender Mortgagee pursuant to Section 5 hereof).
Appears in 1 contract
Samples: First Potomac Realty Trust
Payment of Taxes and Other Charges. Subject to the provisions of Section 5 below, Borrower Mortgagor shall pay all taxes, assessments, and other governmental impositions (the "Taxes") and all assessments, water rates and sewer rents now or hereafter levied or assessed or imposed against the Property or any part thereof (the “Taxes”) and all rents, ground rents, maintenance charges, other governmental impositions, and other charges, including without limitation limitation, vault charges and license fees for the use of vaults, chutes and similar areas adjoining the PremisesPremises (the "Other Charges"), now or hereafter levied or assessed or imposed against the Mortgaged Property or any part thereof (the “Other Charges”), each as the same become due and payable. Borrower Mortgagor will deliver to Mortgagee evidence satisfactory to Mortgagee that the Taxes and the Other Charges have been so paid or are not then delinquent no later than thirty (30) days following the date on which the Taxes and/or the Other Charges would otherwise be delinquent if not paid. Mortgagor shall not suffer and shall promptly cause to be paid and discharged any lien or charge whatsoever which may be or become a lien or charge against the Mortgaged Property, and Borrower shall promptly pay for all utility services provided to the Mortgaged Property. Borrower shall furnish to Lender or its designee receipts for the payment of the Taxes, Other Charges and said utility services prior to the date the same shall become delinquent (provided, however, that Borrower is not required to furnish such receipts for payment of Taxes in the event that such Taxes have been paid by Lender pursuant to Section 5 hereof).
Appears in 1 contract
Samples: Mortgage and Security Agreement (Emeritus Corp\wa\)
Payment of Taxes and Other Charges. Subject to To the extent not deposited by Borrower into the Tax and Insurance Escrow Fund in accordance with the provisions of set forth in Section 5 6 below, Borrower shall pay all taxes, assessments, water rates and sewer rents rents, now or hereafter levied or levied, assessed or imposed against the Property or any part thereof (collectively, the “Taxes”) and all ground rents, maintenance charges, other governmental impositions, and other chargescharges including, including without limitation limitation, vault charges and license fees for the use of vaults, chutes and similar areas adjoining the PremisesLand, now or hereafter levied or levied, assessed or imposed against the Property or any part thereof (collectively, the “Other Charges”)) prior to delinquency. Except with respect to items for which Borrower has actually made deposits into the Tax and Insurance Escrow Fund as required hereunder, each Borrower will deliver to Lender evidence satisfactory to Lender that the Taxes and Other Charges have been so paid, or are not then delinquent, no later than thirty (30) days following the date on which the Taxes and/or Other Charges would otherwise be delinquent if not paid. Except with respect to items for which Borrower has actually made deposits into the Tax and Insurance Escrow Fund as the same become due and payable. required hereunder, Borrower shall not suffer suffer, and shall promptly cause to be paid and discharged discharged, any lien or charge whatsoever which may be or become a lien or charge against the Property, in connection with Taxes and/or Other Charges, and Borrower shall promptly pay for all utility services provided to the PropertyProperty (including, without limitation, payment of all costs associated with the sewer upgrades being performed by the City of Atlanta). To the extent received by Borrower, Borrower shall shall, upon request, furnish to Lender or its designee receipts for the payment of the Taxes, Other Charges and said charges for utility services prior to the date the same that such obligations shall become delinquent (provideddelinquent. Borrower shall be entitled to contest by appropriate legal proceeding, howeverpromptly initiated and conducted in good faith and with due diligence, that the amount of any Taxes or Other Charges. Notwithstanding any other provisions of this Section 5, Borrower is not required shall be entitled to furnish such receipts for payment contest by appropriate legal proceeding, promptly initiated and conducted in good faith and with due diligence, the amount of any Taxes or Other Charges in accordance with the event that such Taxes have been paid by Lender pursuant to provisions of Section 5 32 hereof).
Appears in 1 contract
Samples: Profits and Security Agreement (Wyndham International Inc)