Taxes, Fees and Other Charges. (a) Mortgagor, from time to time when the same shall become due, and prior to the date of imposition of interest or penalty (except as otherwise permitted in the Agreement), will pay and discharge, or cause to be paid and discharged, all taxes of every kind and nature (including real and personal property taxes and income, franchise, withholding, transfer or recordation taxes, profits and gross receipt taxes), all general and special assessments, levies, permits, inspection and license fees, all water and sewer rents and charges, and all other public charges, whether of a like or different nature, imposed upon or assessed against it or the Mortgaged Property or any part thereof or upon the revenues, rents, issues, income and profits of the Premises or arising in respect of the occupancy, use or possession thereof. Mortgagor will, at any time upon request by Mortgagee, promptly deliver to Mortgagee receipts evidencing the payment of same. Upon the occurrence of an Event of Default under the Agreement, Mortgagee may, at any time and from time to time, at its option, to be exercised by written notice to Mortgagor, require the deposit by Mortgagor at the time of each payment of an installment of interest or principal under the Agreement of an additional amount sufficient to discharge the obligations under this subsection (a) when they become due. The determination of the amount so payable and of the fractional part thereof to be deposited with Mortgagee, so that the aggregate of such deposit shall be sufficient for this purpose, shall be made by Mortgagee in its sole discretion. Such amounts shall be held by Mortgagee without interest in an account acceptable to Mortgagee and applied to the payment of the obligations in respect to which such amounts were deposited or, at the option of Mortgagee and subject to applicable law, to the payment of the Secured Obligations in such order or priority as Mortgagee shall determine consistent with the Agreement, on or before the respective dates on which the same or any of them would become delinquent. If one month prior to the due date of any of the obligations under this subsection (a) the amounts then on deposit therefor shall be insufficient for the payment of such obligations in full, Mortgagor within ten (10) days after demand shall deposit the amount of the deficiency with Mortgagee. Nothing herein contained shall be deemed to affect any right or remedy of Mortgagee under the provisions of this Mortgage or of any statute or rule of law to pay any such amount and to add the amount so paid together with interest at the Default Rate to the indebtedness hereby secured. (b) Except as otherwise permitted in the Agreement, Mortgagor will pay, from time to time when the same shall become due, all lawful claims and demands of mechanics, materialmen, laborers, and others which, if unpaid, might result in, or permit the creation of, a lien on the Mortgaged Property or any part thereof, or on the revenues, rents, issues, income and profits arising therefrom and in general will do or cause to be done everything necessary so that the lien hereof shall be fully preserved, at the cost of Mortgagor, without expense to Mortgagee.
Appears in 2 contracts
Samples: Mortgage (Payless Cashways Inc), Mortgage, Leasehold Mortgage, Security Agreement and Assignment of Leases and Rents (Payless Cashways Inc)
Taxes, Fees and Other Charges. (a) Mortgagor, from time to time when the same shall become due, and prior to the date of imposition of interest or penalty (except as otherwise permitted in the Agreement), will pay and discharge, or cause to be paid and discharged, all taxes of every kind and nature (including real and personal property taxes and income, franchise, withholding, transfer or recordation taxes, profits and gross receipt taxes), all general and special assessments, levies, permits, inspection and license fees, all water and sewer rents and charges, and all other public charges, whether of a like or different nature, imposed upon or assessed against it or the Mortgaged Property or any part thereof or upon the revenues, rents, issues, income and profits of the Premises or arising in respect of the occupancy, use or possession thereof. Mortgagor will, at any time upon request by Mortgagee, promptly deliver to Mortgagee receipts evidencing the payment of same. Upon Subject to the Prior Mortgage, upon the occurrence of an Event of Default under the Agreement, Mortgagee may, at any time and from time to time, at its option, to be exercised by written notice to Mortgagor, require the deposit by Mortgagor at the time of each payment of an installment of interest or principal under the Agreement of an additional amount sufficient to discharge the obligations under this subsection (a) when they become due. The determination of the amount so payable and of the fractional part thereof to be deposited with Mortgagee, so that the aggregate of such deposit shall be sufficient for this purpose, shall be made by Mortgagee in its sole discretion. Such amounts shall be held by Mortgagee without interest in an account acceptable to Mortgagee and applied to the payment of the obligations in respect to which such amounts were deposited or, at the option of Mortgagee and subject to applicable law, to the payment of the Secured Obligations in such order or priority as Mortgagee shall determine consistent with the Agreement, on or before the respective dates on which the same or any of them would become delinquent. If one month prior to the due date of any of the obligations under this subsection (a) the amounts then on deposit therefor shall be insufficient for the payment of such obligations in full, subject to the Prior Mortgage, Mortgagor within ten (10) days after demand demand, shall deposit the amount of the deficiency with Mortgagee. Nothing herein contained shall be deemed to affect any right or remedy of Mortgagee under the provisions of this Mortgage or of any statute or rule of law to pay any such amount and to add the amount so paid together with interest at the Default Rate to the indebtedness hereby secured.
(b) Except as otherwise permitted in the Agreement, Mortgagor will pay, from time to time when the same shall become due, all lawful claims and demands of mechanics, materialmen, laborers, and others which, if unpaid, might result in, or permit the creation of, a lien on the Mortgaged Property or any part thereof, or on the revenues, rents, issues, income and profits arising therefrom and in general will do or cause to be done everything necessary so that the lien hereof shall be fully preserved, at the cost of Mortgagor, without expense to Mortgagee.
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Taxes, Fees and Other Charges. (a) MortgagorTrustor, from time to time when the same shall become due, and prior to the date of imposition of interest or penalty (except as otherwise permitted in the Agreement), will pay and discharge, or cause to be paid and discharged, all taxes of every kind and nature (including real and personal property taxes and income, franchise, withholding, transfer or recordation taxes, profits and gross receipt taxes), all general and special assessments, levies, permits, inspection and license fees, all water and sewer rents and charges, and all other public charges, whether of a like or different nature, imposed upon or assessed against it or the Mortgaged Property or any part thereof or upon the revenues, rents, issues, income and profits of the Premises or arising in respect of the occupancy, use or possession thereof. Mortgagor Trustor will, at any time upon request by MortgageeBeneficiary, promptly deliver to Mortgagee Beneficiary receipts evidencing the payment of same. Upon the occurrence of an Event of Default under the Agreement, Mortgagee Beneficiary may, at any time and from time to time, at its option, to be exercised by written notice to MortgagorTrustor, require the deposit by Mortgagor Trustor at the time of each payment of an installment of interest or principal under the Agreement of an additional amount sufficient to discharge the obligations under this subsection (a) when they become due. The determination of the amount so payable and of the fractional part thereof to be deposited with MortgageeBeneficiary, so that the aggregate of such deposit shall be sufficient for this purpose, shall be made by Mortgagee Beneficiary in its sole discretion. Such amounts shall be held by Mortgagee Beneficiary without interest in an account acceptable to Mortgagee Beneficiary and applied to the payment of the obligations in respect to which such amounts were deposited or, at the option of Mortgagee Beneficiary and subject to applicable law, to the payment of the Secured Obligations in such order or priority as Mortgagee Beneficiary shall determine consistent with the Agreement, on or before the respective dates on which the same or any of them would become delinquent. If one month prior to the due date of any of the obligations under this subsection (a) the amounts then on deposit therefor shall be insufficient for the payment of such obligations in full, Mortgagor Trustor within ten (10) days after demand shall deposit the amount of the deficiency with Mortgagee. Nothing herein contained shall be deemed to affect any right or remedy of Mortgagee under the provisions of this Mortgage or of any statute or rule of law to pay any such amount and to add the amount so paid together with interest at the Default Rate to the indebtedness hereby secured.
(b) Except as otherwise permitted in the Agreement, Mortgagor will pay, from time to time when the same shall become due, all lawful claims and demands of mechanics, materialmen, laborers, and others which, if unpaid, might result in, or permit the creation of, a lien on the Mortgaged Property or any part thereof, or on the revenues, rents, issues, income and profits arising therefrom and in general will do or cause to be done everything necessary so that the lien hereof shall be fully preserved, at the cost of Mortgagor, without expense to Mortgagee.the
Appears in 1 contract
Samples: Deed of Trust (Payless Cashways Inc)
Taxes, Fees and Other Charges. (a) MortgagorTrustor, from time to time when the same shall become due, and prior to the date of imposition of interest or penalty (except as otherwise permitted in the Agreement), will pay and discharge, or cause to be paid and discharged, all taxes of every kind and nature (including real and personal property taxes and income, franchise, withholdingwithhold- ing, transfer or recordation taxes, profits and gross receipt taxes), all general and special assessments, levies, permits, inspection and license fees, all water and sewer rents and charges, and all other public charges, whether of a like or different nature, imposed upon or assessed against it or the Mortgaged Property or any part thereof or upon the revenues, rents, issues, income and profits of the Premises or arising in respect of the occupancy, use or possession thereof. Mortgagor Trustor will, at any time upon request by MortgageeBeneficiary, promptly deliver to Mortgagee Beneficiary receipts evidencing the payment of same. Upon the occurrence of an Event of Default under the Agreement, Mortgagee Beneficiary may, at any time and from time to time, at its option, to be exercised by written notice to MortgagorTrustor, require the deposit by Mortgagor Trustor at the time of each payment of an installment of interest or principal under the Agreement of an additional amount sufficient to discharge the obligations under this subsection (a) when they become due. The determination of the amount so payable and of the fractional part thereof to be deposited with MortgageeBeneficiary, so that the aggregate of such deposit shall be sufficient for this purpose, shall be made by Mortgagee Beneficiary in its sole discretion. Such amounts shall be held by Mortgagee Beneficiary without interest in an account acceptable to Mortgagee Beneficiary and applied to the payment of the obligations in respect to which such amounts were deposited or, at the option of Mortgagee Beneficiary and subject to applicable law, to the payment of the Secured Obligations in such order or priority as Mortgagee Beneficiary shall determine consistent with the Agreement, on or before the respective dates on which the same or any of them would become delinquent. If one month prior to the due date of any of the obligations under this subsection (a) the amounts then on deposit therefor shall be insufficient for the payment of such obligations in full, Mortgagor Trustor within ten (10) days after demand shall deposit the amount of the deficiency with MortgageeBeneficiary. Nothing herein contained shall be deemed to affect any right or remedy of Mortgagee Beneficiary under the provisions of this Mortgage Deed of Trust or of any statute or rule of law to pay any such amount and to add the amount so paid together with interest at the Default Rate to the indebtedness hereby secured.
(b) Except as otherwise permitted in the Agreement, Mortgagor Trustor will pay, from time to time when the same shall become due, all lawful claims and demands of mechanics, materialmen, laborers, and others which, if unpaid, might result in, or permit the creation of, a lien on the Mortgaged Property or any part thereof, or on the revenues, rents, issues, income and profits arising therefrom and in general will do or cause to be done everything necessary so that the lien hereof shall be fully preserved, at the cost of MortgagorTrustor, without expense to MortgageeBeneficiary.
Appears in 1 contract
Samples: Deed of Trust (Payless Cashways Inc)
Taxes, Fees and Other Charges. (a) MortgagorTrustor, from time to time when the same shall become due, and prior to the date of imposition of interest or penalty (except as otherwise permitted in the Agreement), will pay and discharge, or cause to be paid and discharged, all taxes of every kind and nature (including real and personal property taxes and income, franchise, withholding, transfer or recordation taxes, profits and gross receipt taxes), all general and special assessments, levies, permits, inspection and license fees, all water and sewer rents and charges, and all other public charges, whether of a like or different nature, imposed upon or assessed against it or the Mortgaged Property or any part thereof or upon the revenues, rents, issues, income and profits of the Premises or arising in respect of the occupancy, use or possession thereof. Mortgagor Trustor will, at any time upon request by MortgageeBeneficiary, promptly deliver to Mortgagee Beneficiary receipts evidencing the payment of same. Upon Subject to the Prior Deed of Trust, upon the occurrence of an Event of Default under the Agreement, Mortgagee Beneficiary may, at any time and from time to time, at its option, to be exercised by written notice to MortgagorTrustor, require the deposit by Mortgagor Trustor at the time of each payment of an installment of interest or principal under the Agreement of an additional amount sufficient to discharge the obligations under this subsection (a) when they become due. The determination of the amount so payable and of the fractional part thereof to be deposited with MortgageeBeneficiary, so that the aggregate of such deposit shall be sufficient for this purpose, shall be made by Mortgagee Beneficiary in its sole discretion. Such amounts shall be held by Mortgagee Beneficiary without interest in an account acceptable to Mortgagee Beneficiary and applied to the payment of the obligations in respect to which such amounts were deposited or, at the option of Mortgagee Beneficiary and subject to applicable law, to the payment of the Secured Obligations in such order or priority as Mortgagee Beneficiary shall determine consistent with the Agreement, on or before the respective dates on which the same or any of them would become delinquent. If one month prior to the due date of any of the obligations under this subsection (a) the amounts then on deposit therefor shall be insufficient for the payment of such obligations in full, Mortgagor subject to the Prior Deed of Trust, Trustor within ten (10) days after demand demand, shall deposit the amount of the deficiency with MortgageeBeneficiary. Nothing herein contained shall be deemed to affect any right or remedy of Mortgagee Beneficiary under the provisions of this Mortgage Deed of Trust or of any statute or rule of law to pay any such amount and to add the amount so paid together with interest at the Default Rate to the indebtedness hereby secured.
(b) Except as otherwise permitted in the Agreement, Mortgagor Trustor will pay, from time to time when the same shall become due, all lawful claims and demands of mechanics, materialmen, laborers, and others which, if unpaid, might result in, or permit the creation of, a lien on the Mortgaged Property or any part thereof, or on the revenues, rents, issues, income and profits arising therefrom and in general will do or cause to be done everything necessary so that the lien hereof shall be fully preserved, at the cost of MortgagorTrustor, without expense to MortgageeBeneficiary.
Appears in 1 contract
Samples: Deed of Trust (Payless Cashways Inc)