Common use of Taxes, Liens and Other Items Clause in Contracts

Taxes, Liens and Other Items. Trustor shall pay at least ten days before delinquency, all taxes, bonds, assessments, special assessments, common area charges, fees, liens, charges, fines, penalties, impositions and any and all other items which are attributable to or affect the Mortgaged Property and which may attain a priority over this Deed of Trust by making payment prior to delinquency directly to the payee thereof, unless Trustor shall be required to make payment to Beneficiary on account of such items pursuant to Section 1.05 hereof. Prior to the delinquency of any such taxes or other items, Trustor shall furnish Beneficiary with receipts indicating such taxes and other items have been paid. Trustor shall promptly discharge any lien which has attained or may attain priority over this Deed of Trust. In the event of the passage after the date of this Deed of Trust of any law deducting from the value of real property for the purposes of taxation any lien thereon, or changing in any way the laws for the taxation of deeds of trust or debts secured by deeds of trust for state, federal or any other purposes, or the manner of the collection of any such taxes, so as to affect this Deed of Trust, the Beneficiary and holder of the debt which it secures shall have the right to declare the principal sum and the interest due on a date to be specified by not less than thirty (30) days written notice to be given to Trustor by Beneficiary; provided, however, that such election shall be ineffective if Trustor is permitted by law to pay the whole of such tax in addition to all other payments required hereunder and if, prior to such specified date, does pay such taxes and agrees to pay any such tax when hereafter levied or assessed against the Mortgaged Property, and such agreement shall constitute a modification of this Deed of Trust.

Appears in 7 contracts

Samples: Deed of Trust (Redwood Mortgage Investors IX), Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Redwood Mortgage Investors Viii), Deed of Trust (Redwood Mortgage Investors IX)

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Taxes, Liens and Other Items. Trustor (A) Borrower shall pay at least ten days before delinquency, or cause to be paid any and all taxes, bonds, assessments, special assessments, common area charges, fees, liens, charges, fines, penaltiesimpositions and any accrued interest or penalty thereon, impositions and any and all other items which are attributable to or affect the Mortgaged Property and which may attain a priority over this Deed of Trust (collectively, "Impositions") by making payment prior to delinquency directly to the payee thereof, unless Trustor shall be required thereof and promptly furnish copies of paid receipts for these to make payment to Beneficiary on account of such items pursuant to Section 1.05 hereofLender. Prior to the delinquency of any such taxes or other items, Trustor shall furnish Beneficiary with receipts indicating such taxes and other items have been paid. Trustor Borrower shall promptly discharge or bond any lien which or encumbrance on the Property whether or not said lien or encumbrance has attained or may attain priority over this Security Deed. This Security Deed shall be the sole encumbrance on the Property and, if with the consent of TrustLender it is not the sole encumbrance, then it shall be prior to any and all other liens or encumbrances on the Property. In Borrower may in good faith and with due diligence protest the event payment of any Imposition which it believes unwarranted or excessive and may defer payment of such Imposition pending conclusion of such contest if legally permitted to do so, provided that the priority of this Security Deed and Lender's security is not materially and adversely affected and that Borrower shall have furnished Lender or the taxing authority such security as may be required. (B) As further security for the payment of the passage after Note and the date of this Deed of Trust of any law deducting from the value payment of real property for the purposes of taxation any lien thereonestate taxes, regular or changing in any way the laws for the taxation of deeds of trust or debts secured by deeds of trust for statespecial assessments and insurance premiums, federal or any other purposes, or the manner Borrower shall be required to deposit one-twelfth (1/12) of the collection annual amounts of any such taxesitems as estimated by Lender, with each monthly payment on the Note, so as that Lender will hold a sufficient amount to affect this Deed of Trust, the Beneficiary and holder of the debt which it secures shall have the right to declare the principal sum and the interest due on a date to be specified by pay all such charges not less than thirty (30) days written notice prior to the date on which such items become due and payable. Lender shall be given furnished evidence to Trustor by Beneficiary; allow it to estimate such amounts, including paid receipts or annual insurance premium statements, assessment notices and tax receipts. All funds so deposited shall, until applied to the payment of the aforesaid items, as hereinafter provided, however, that such election be held by Lender without interest (except to the extent required under applicable law) and may be commingled with other funds of Lender. All funds so deposited shall be ineffective if Trustor is permitted by law applied to the payment of the aforesaid items only upon the satisfaction of the following conditions: (1) no Event of Default or event, which with notice or the passage of time or both could become an Event of Default, shall have occurred; (2) Lender shall have sufficient funds to pay the whole full amounts of such tax items (which funds may include amounts paid solely for such purpose by Borrower in addition to all other payments required hereunder the escrowed funds); and if(3) Borrower shall have furnished Lender with prior written notification that such items are due and with the bills and invoices therefor in sufficient time to pay the same before any penalty or interest attaches and before policies of insurance lapse, prior as the case may be, and shall have deposited any additional funds as Lender may determine as necessary to such specified date, does pay such taxes and agrees items. (C) Lender expressly disclaims any obligation to pay the aforesaid items unless and until Borrower complies with all of the provisions set forth in subsections 1.06(A) and (B). Borrower hereby pledges and grants a security interest in any such tax when and all monies now or hereafter levied deposited pursuant to subsection 1.06(B) as additional security for the Note and Related Agreements. If any Event of Default shall have occurred, or assessed if the Note shall be accelerated as herein provided, all funds so deposited may, at Lender's option, be applied as determined solely by Lender or to cure said Event of Default or as provided in this Section 1.06. In no event shall Borrower claim any credit against the Mortgaged Property, principal and such agreement shall constitute a modification interest due hereunder for any payment or deposit for any of this Deed of Trustthe aforesaid items.

Appears in 2 contracts

Samples: Deed to Secure Debt and Security Agreement (Inland Western Retail Real Estate Trust Inc), Deed to Secure Debt and Security Agreement (Inland Western Retail Real Estate Trust Inc)

Taxes, Liens and Other Items. Trustor (A) Mortgagor shall pay at least ten days before delinquency, or cause to be paid any and all taxes, bonds, assessments, special assessments, common area charges, fees, liens, charges, fines, penaltiesimpositions and any accrued interest or penalty thereon, impositions and any and all other items which are attributable to or affect the Mortgaged Property and which may attain a priority over this Deed of Trust (collectively, "Impositions") by making payment prior to delinquency directly to the payee thereof, unless Trustor shall be required thereof and promptly furnish copies of paid receipts for these to make payment to Beneficiary on account of such items pursuant to Section 1.05 hereofMortgagee. Prior to the delinquency of any such taxes or other items, Trustor shall furnish Beneficiary with receipts indicating such taxes and other items have been paid. Trustor Mortgagor shall promptly discharge or bond any lien which or encumbrance on the Property whether or not said lien or encumbrance has attained or may attain priority over this Deed Mortgage. This Mortgage shall be the sole encumbrance on the Property and, if with the consent of TrustMortgagee it is not the sole encumbrance, then it shall be prior to any and all other liens or encumbrances on the Property. In Mortgagor may in good faith and with due diligence protest the event payment of any Imposition which it believes unwarranted or excessive and may defer payment of such Imposition pending conclusion of such contest if legally permitted to do so, provided that the priority of this Mortgage and Mortgagee's security is not materially and adversely affected and that Mortgagor shall have furnished Mortgagee or the taxing authority such security as may be required. (B) As further security for the payment of the passage after Note and the date of this Deed of Trust of any law deducting from the value payment of real property for the purposes of taxation any lien thereonestate taxes, regular or changing in any way the laws for the taxation of deeds of trust or debts secured by deeds of trust for statespecial assessments and insurance premiums, federal or any other purposes, or the manner Mortgagor shall be required to deposit one-twelfth (1/12) of the collection annual amounts of any such taxesitems as estimated by Mortgagee, with each monthly payment on the Note, so as that Mortgagee will hold a sufficient amount to affect this Deed of Trust, the Beneficiary and holder of the debt which it secures shall have the right to declare the principal sum and the interest due on a date to be specified by pay all such charges not less than thirty (30) days written notice prior to the date on which such items become due and payable. Mortgagee shall be given furnished evidence to Trustor by Beneficiary; allow it to estimate such amounts, including paid receipts or annual insurance premium statements, assessment notices and tax receipts. All funds so deposited shall, until applied to the payment of the aforesaid items, as hereinafter provided, however, that such election be held by Mortgagee without interest (except to the extent required under applicable law) and may be commingled with other funds of Mortgagee. All funds so deposited shall be ineffective if Trustor is permitted by law applied to the payment of the aforesaid items only upon the satisfaction of the following conditions: (1) no Event of Default or event, which with notice or the passage of time or both could become an Event of Default, shall have occurred; (2) Mortgagee shall have sufficient funds to pay the whole full amounts of such tax items (which funds may include amounts paid solely for such purpose by Mortgagor in addition to all other payments required hereunder the escrowed funds); and if(3) Mortgagor shall have furnished Mortgagee with prior written notification that such items are due and with the bills and invoices therefor in sufficient time to pay the same before any penalty or interest attaches and before policies of insurance lapse, prior as the case may be, and shall have deposited any additional funds as Mortgagee may determine as necessary to such specified date, does pay such taxes and agrees items. (C) Mortgagee expressly disclaims any obligation to pay the aforesaid items unless and until Mortgagor complies with all of the provisions set forth in subsections 1.06(A) and (B). Mortgagor hereby pledges and grants a security interest in any such tax when and all monies now or hereafter levied deposited pursuant to subsection 1.06(B) as additional security for the Note and Related Agreements. If any Event of Default shall have occurred, or assessed if the Note shall be accelerated as herein provided, all funds so deposited may, at Mortgagee's option, be applied as determined solely by Mortgagee or to cure said Event of Default or as provided in this Section 1.06. In no event shall Mortgagor claim any credit against the Mortgaged Property, principal and such agreement shall constitute a modification interest due hereunder for any payment or deposit for any of this Deed of Trustthe aforesaid items.

Appears in 2 contracts

Samples: Mortgage, Assignment of Leases, Rents and Contracts, Security Agreement and Fixture Filing (Inland Western Retail Real Estate Trust Inc), Mortgage, Assignment of Leases, Rents and Contracts, Security Agreement and Fixture Filing (Inland Western Retail Real Estate Trust Inc)

Taxes, Liens and Other Items. Trustor (A) Grantor shall pay at least ten days before delinquency, or cause to be paid any and all taxes, bonds, assessments, special assessments, common area charges, fees, liens, charges, fines, penaltiesimpositions and any accrued interest or penalty thereon, impositions and any and all other items which are attributable to or affect the Mortgaged Property and which may attain a priority over this Deed of Trust (collectively, "Impositions") by making payment prior to delinquency directly to the payee thereof, unless Trustor shall be required thereof and promptly furnish copies of paid receipts for these to make payment to Beneficiary on account of such items pursuant to Section 1.05 hereofBeneficiary. Prior to the delinquency of any such taxes or other items, Trustor shall furnish Beneficiary with receipts indicating such taxes and other items have been paid. Trustor Grantor shall promptly discharge or bond any lien which or encumbrance on the Property whether or not said lien or encumbrance has attained or may attain priority over this Deed of Trust. In This Deed of Trust shall be the event sole encumbrance on the Property and, if with the consent of Beneficiary it is not the passage after sole encumbrance, then it shall be prior to any and all other liens or encumbrances on the date Property. Grantor may in good faith and with due diligence protest the payment of any Imposition which it believes unwarranted or excessive and may defer payment of such Imposition pending conclusion of such contest if legally permitted to do so, provided that the priority of this Deed of Trust and Beneficiary's security is not materially and adversely affected and that Grantor shall have furnished Beneficiary or the taxing authority such security as may be required. (B) As further security for the payment of any law deducting from the value Note and the payment of real property for the purposes of taxation any lien thereonestate taxes, regular or changing in any way the laws for the taxation of deeds of trust or debts secured by deeds of trust for statespecial assessments and insurance premiums, federal or any other purposes, or the manner Grantor shall be required to deposit one-twelfth (1/12) of the collection annual amounts of any such taxesitems as estimated by Beneficiary, with each monthly payment on the Note, so as that Beneficiary will hold a sufficient amount to affect this Deed of Trust, the Beneficiary and holder of the debt which it secures shall have the right to declare the principal sum and the interest due on a date to be specified by pay all such charges not less than thirty (30) days written notice prior to the date on which such items become due and payable. Beneficiary shall be given furnished evidence to Trustor by Beneficiary; allow it to estimate such amounts, including paid receipts or annual insurance premium statements, assessment notices and tax receipts. All funds so deposited shall, until applied to the payment of the aforesaid items, as hereinafter provided, however, that such election be held by Beneficiary without interest (except to the extent required under applicable law) and may be commingled with other funds of Beneficiary. All funds so deposited shall be ineffective if Trustor is permitted by law applied to the payment of the aforesaid items only upon the satisfaction of the following conditions: (1) no Event of Default or event, which with notice or the passage of time or both could become an Event of Default, shall have occurred; (2) Beneficiary shall have sufficient funds to pay the whole full amounts of such tax items (which funds may include amounts paid solely for such purpose by Grantor in addition to all other payments required hereunder the escrowed funds); and if(3) Grantor shall have furnished Beneficiary with prior written notification that such items are due and with the bills and invoices therefor in sufficient time to pay the same before any penalty or interest attaches and before policies of insurance lapse, prior as the case may be, and shall have deposited any additional funds as Beneficiary may determine as necessary to such specified date, does pay such taxes and agrees items. (C) Beneficiary expressly disclaims any obligation to pay the aforesaid items unless and until Grantor complies with all of the provisions set forth in subsections 1.06(A) and (B). Grantor hereby pledges and grants a security interest in any such tax when and all monies now or hereafter levied deposited pursuant to subsection 1.06(B) as additional security for the Note and Related Agreements. If any Event of Default shall have occurred, or assessed if the Note shall be accelerated as herein provided, all funds so deposited may, at Beneficiary's option, be applied as determined solely by Beneficiary or to cure said Event of Default or as provided in this Section 1.06. In no event shall Grantor claim any credit against the Mortgaged Property, principal and such agreement shall constitute a modification interest due hereunder for any payment or deposit for any of this Deed of Trustthe aforesaid items.

Appears in 1 contract

Samples: Deed of Trust (Inland Western Retail Real Estate Trust Inc)

Taxes, Liens and Other Items. (A) Trustor shall pay at least ten days before delinquency, any and all taxes, bonds, assessments, special assessments, common area charges, fees, liens, charges, fines, penaltiesand any accrued interest or penalty thereon, impositions and any and all other items which are attributable to or affect the Mortgaged Property and which may attain a priority over this Deed of Trust (collectively, “Impositions”) by making payment prior to delinquency directly to the payee thereof, unless Trustor shall be required thereof and promptly furnish copies of paid receipts for these to make payment to Beneficiary on account of such items pursuant to Section 1.05 hereof. Prior to the delinquency of any such taxes or other items, Trustor shall furnish Beneficiary with receipts indicating such taxes and other items have been paidBeneficiary. Trustor shall promptly discharge or bond any lien which or encumbrance on the Property whether or not said lien or encumbrance has attained or may attain priority over this Deed of Trust. In This Deed of Trust shall be the event sole encumbrance on the Property and, if with the consent of Beneficiary it is not the passage after sole encumbrance, then it shall be prior to any and all other liens or encumbrances on the date Property. Trustor may in good faith and with due diligence protest the payment of any Imposition which it believes unwarranted or excessive and may defer payment of such Imposition pending conclusion of such contest if legally permitted to do so, provided that the priority of this Deed of Trust and Beneficiary’s security is not adversely affected and that Trustor shall have furnished Beneficiary or the taxing authority such security as may be required. (B) As further security for the payment of any law deducting from the value Note and the payment of real property for the purposes of taxation any lien thereonestate taxes, regular or changing in any way the laws for the taxation of deeds of trust or debts secured by deeds of trust for statespecial assessments and insurance premiums, federal or any other purposes, or the manner Trustor shall deposit 1/12 of the collection annual amounts of any such taxesitems as estimated by Beneficiary, with each monthly payment on the Note, so as that Beneficiary will hold a sufficient amount to affect this Deed of Trust, the Beneficiary and holder of the debt which it secures shall have the right to declare the principal sum and the interest due on a date to be specified by pay all such charges not less than thirty (30) days written notice prior to the date on which such items become due and payable. Beneficiary shall be given furnished evidence to Trustor allow it to estimate such amounts, including paid receipts or annual insurance premium statements, assessment notices and tax receipts. The funds in the escrow and the amount of the monthly payments shall be reasonably determined by Beneficiary from time to time so that the balance of funds in the escrow shall, at any time, when added to the remaining escrow payments required by Beneficiary; , result in the escrow holding a sufficient amount to pay all taxes and insurance premiums the month before such charges become due and payable. All funds so deposited shall, until applied to the payment of the aforesaid items as hereinafter provided, however, that such election be held by Beneficiary without interest (except to the extent required under applicable law) and may be commingled with other funds of Beneficiary. All funds so deposited shall be ineffective if Trustor is permitted by law applied to the payment of the aforesaid items only upon the satisfaction of the following conditions: (i) No Event of Default or event, which with notice or the passage of time or both could become an Event of Default, shall have occurred; (ii) Beneficiary shall have sufficient funds to pay the whole full amounts of such tax items (which funds may include amounts paid solely for such purpose by Trustor in addition to all other payments required hereunder the escrowed funds); and if(iii) Trustor shall have furnished Beneficiary with prior written notification that such items are due and with the bills and invoices therefor in sufficient time to pay the same before any penalty or interest attaches and before policies of insurance lapse, prior as the case may be, and shall have deposited any additional funds as Beneficiary may determine as necessary to such specified date, does pay such taxes and agrees items. (C) Beneficiary expressly disclaims any obligation to pay the aforesaid items unless and until Trustor complies with all of the provisions set forth in Subsections 1.6(A) and (B). Trustor hereby pledges and grants a security interest in any such tax when and all monies now or hereafter levied deposited pursuant to Subsection 1.6(B) as additional security for the Note and Related Agreements. If any Event of Default shall have occurred, or assessed if the Note shall be accelerated as herein provided, all funds so deposited may, at Beneficiary’s option, be applied as determined solely by Beneficiary or to cure said Event of Default or as provided in this Section 1.6. In no event shall Trustor claim any credit against the Mortgaged Property, principal and such agreement shall constitute a modification interest due hereunder for any payment or deposit for any of this Deed of Trustthe aforesaid items.

Appears in 1 contract

Samples: Deed of Trust (KBS Strategic Opportunity REIT, Inc.)

Taxes, Liens and Other Items. (A) Trustor shall pay at least ten days before delinquency, any and all taxes, bonds, assessments, special assessments, common area charges, fees, liens, charges, fines, penaltiesimpositions and any accrued interest or penalty thereon, impositions and any and all other items which are attributable to or affect the Mortgaged Property and which may attain a priority over this Deed of Trust (collectively, “Impositions”) by making payment prior to delinquency directly to the payee thereof, unless Trustor shall be required thereof and promptly furnish copies of paid receipts for these to make payment to Beneficiary on account of such items pursuant to Section 1.05 hereof. Prior to the delinquency of any such taxes or other items, Trustor shall furnish Beneficiary with receipts indicating such taxes and other items have been paidBeneficiary. Trustor shall promptly discharge or bond any lien which or encumbrance on the Property whether or not said lien or encumbrance has attained or may attain priority over this Deed of Trust. In This Deed of Trust shall be the event sole encumbrance on the Property (other than the Permitted Exceptions and the lien for taxes not yet due and payable) and, if with the consent of Beneficiary it is not the passage after sole encumbrance, then it shall be prior to any and all other liens or encumbrances on the date Property. Trustor may in good faith and with due diligence protest the payment of any Imposition which it believes unwarranted or excessive and may defer payment of such Imposition pending conclusion of such contest if legally permitted to do so, provided that the priority of this Deed of Trust and Beneficiary’s security is not adversely affected and that Trustor shall have furnished Beneficiary or the taxing authority such security as may be required. (B) As further security for the payment of any law deducting from the value Note and the payment of real property for the purposes of taxation any lien thereonestate taxes, regular or changing in any way the laws for the taxation of deeds of trust or debts secured by deeds of trust for statespecial assessments and insurance premiums, federal or any other purposes, or the manner Trustor shall deposit 1/12th of the collection annual amounts of any such taxesitems as estimated by Beneficiary, with each monthly payment on the Note, so as that Beneficiary will hold a sufficient amount to affect this Deed of Trust, the Beneficiary and holder of the debt which it secures shall have the right to declare the principal sum and the interest due on a date to be specified by pay all such charges not less than thirty (30) days written notice prior to the date on which such items become due and payable. Beneficiary shall be given furnished evidence to Trustor by Beneficiary; allow it to estimate such amounts, including paid receipts or annual insurance premium statements, assessment notices and tax receipts. All funds so deposited shall, until applied to the payment of the aforesaid items, as hereinafter provided, however, that such election be held by Beneficiary without interest (except to the extent required under applicable law) and may be commingled with other funds of Beneficiary. All funds so deposited shall be ineffective if Trustor is permitted by law applied to the payment of the aforesaid items only upon the satisfaction of the following conditions: (i) no Event of Default or event, which with notice or the passage of time or both could become an Event of Default, shall have occurred; (ii) Beneficiary shall have sufficient funds to pay the whole full amounts of such tax items (which funds may include amounts paid solely for such purpose by Trustor in addition to all other payments required hereunder the escrowed funds); and if(iii) Trustor shall have furnished Beneficiary with prior written notification that such items are due and with the bills and invoices therefor in sufficient time to pay the same before any penalty or interest attaches and before policies of insurance lapse, prior as the case may be, and shall have deposited any additional funds as Beneficiary may determine as necessary to such specified date, does pay such taxes and agrees items. (C) Beneficiary expressly disclaims any obligation to pay the aforesaid items unless and until Trustor complies with all of the provisions set forth in Subsections 1.6(A) and (B). Trustor hereby pledges and grants a security interest in any such tax when and all monies now or hereafter levied deposited pursuant to Subsection 1.6(B) as additional security for the Note and Related Agreements. If any Event of Default shall have occurred, or assessed if the Note shall be accelerated as herein provided, all funds so deposited may, at Beneficiary’s option, be applied as determined solely by Beneficiary or to cure said Event of Default or as provided in this Section 1.6. In no event shall Trustor claim any credit against the Mortgaged Property, principal and such agreement shall constitute a modification interest due hereunder for any payment or deposit for any of this Deed of Trustthe aforesaid items.

Appears in 1 contract

Samples: Deed of Trust (Amerivest Properties Inc)

Taxes, Liens and Other Items. (A) Trustor shall pay at least ten days before delinquency, any and all taxes, bonds, assessments, special assessments, common area charges, fees, liens, charges, fines, penaltiesimpositions and any accrued interest or penalty thereon, impositions and any and all other items which are attributable to or affect the Mortgaged Property and which may attain a priority over this Deed of Trust (collectively, “Impositions”) by making payment prior to delinquency directly to the payee thereof, unless Trustor shall be required thereof and promptly furnish copies of paid receipts for these to make payment to Beneficiary on account of such items pursuant to Section 1.05 hereof. Prior to the delinquency of any such taxes or other items, Trustor shall furnish Beneficiary with receipts indicating such taxes and other items have been paidBeneficiary. Trustor shall promptly discharge or bond any lien which or encumbrance on the Property whether or not said lien or encumbrance has attained or may attain priority over this Deed of Trust. In This Deed of Trust shall be the event sole encumbrance on the Property (other than the Permitted Exceptions and the lien for taxes not yet due and payable) and, if with the consent of Beneficiary it is not the passage after sole encumbrance, then it shall be prior to any and all other liens or encumbrances on the date Property. Trustor may in good faith and with due diligence protest the payment of any Imposition which it believes unwarranted or excessive and may defer payment of such Imposition pending conclusion of such contest if legally permitted to do so, provided that the priority of this Deed of Trust and Beneficiary’s security is not adversely affected and that Trustor shall have furnished Beneficiary or the taxing authority such security as may be required. (B) As further security for the payment of any law deducting from the value Notes and the payment of real property for the purposes of taxation any lien thereonestate taxes, regular or changing in any way the laws for the taxation of deeds of trust or debts secured by deeds of trust for statespecial assessments and insurance premiums, federal or any other purposes, or the manner Trustor shall deposit 1/12th of the collection annual amounts of any such taxesitems as estimated by Beneficiary, with each monthly payment on the Notes, so as that Beneficiary will hold a sufficient amount to affect this Deed of Trust, the Beneficiary and holder of the debt which it secures shall have the right to declare the principal sum and the interest due on a date to be specified by pay all such charges not less than thirty (30) days written notice prior to the date on which such items become due and payable. Beneficiary shall be given furnished evidence to Trustor by Beneficiary; allow it to estimate such amounts, including paid receipts or annual insurance premium statements, assessment notices and tax receipts. All funds so deposited shall, until applied to the payment of the aforesaid items, as hereinafter provided, however, that such election be held by Beneficiary without interest (except to the extent required under applicable law) and may be commingled with other funds of Beneficiary. All funds so deposited shall be ineffective if Trustor is permitted by law applied to the payment of the aforesaid items only upon the satisfaction of the following conditions: (i) no Event of Default or event, which with notice or the passage of time or both could become an Event of Default, shall have occurred; (ii) Beneficiary shall have sufficient funds to pay the whole full amounts of such tax items (which funds may include amounts paid solely for such purpose by Trustor in addition to all other payments required hereunder the escrowed funds); and if(iii) Trustor shall have furnished Beneficiary with prior written notification that such items are due and with the bills and invoices therefor in sufficient time to pay the same before any penalty or interest attaches and before policies of insurance lapse, prior as the case may be, and shall have deposited any additional funds as Beneficiary may determine as necessary to such specified date, does pay such taxes and agrees items. (C) Beneficiary expressly disclaims any obligation to pay the aforesaid items unless and until Trustor complies with all of the provisions set forth in Subsections 1.6(A) and (B). Trustor hereby pledges and grants a security interest in any such tax when and all monies now or hereafter levied deposited pursuant to Subsection 1.6(B) as additional security for the Notes and Related Agreements. If any Event of Default shall have occurred, or assessed if the Notes shall be accelerated as herein provided, all funds so deposited may, at Beneficiary’s option, be applied as determined solely by Beneficiary or to cure said Event of Default or as provided in this Section 1.6. In no event shall Trustor claim any credit against the Mortgaged Property, principal and such agreement shall constitute a modification interest due hereunder for any payment or deposit for any of this Deed of Trustthe aforesaid items.

Appears in 1 contract

Samples: Deed of Trust (Amerivest Properties Inc)

Taxes, Liens and Other Items. Trustor (A) Mortgagor shall pay at least ten days before delinquency, any and all taxes, bonds, assessments, special assessments, common area charges, fees, liens, charges, fines, penaltiesimpositions and any accrued interest or penalty thereon, impositions and any and all other items which are attributable to or affect the Mortgaged Property and which may attain a priority over this Deed of Trust by making payment prior to delinquency directly to the payee thereof, unless Trustor shall be required thereof and promptly furnish copies of paid receipts for these to make payment to Beneficiary on account of such items pursuant to Section 1.05 hereofMortgagee. Prior to the delinquency of any such taxes or other items, Trustor shall furnish Beneficiary with receipts indicating such taxes and other items have been paid. Trustor Mortgagor shall promptly discharge or bond any lien which or encumbrance on the Property whether said lien or encumbrance has attained or may attain priority over this Deed Mortgage or not. This Mortgage shall be the sole encumbrance on the Property and, if with the consent of TrustMortgagee it is not the sole encumbrance, then it shall be prior to any and all other liens or encumbrances on the Property. In Provided that the event of the passage after the date priority of this Deed of Trust of any law deducting from the value of real property for the purposes of taxation any lien thereon, or changing Mortgage is not in any way affected, Mortgagor may in good faith protest the laws payment of any tax or lien which it believes is unwarranted or excessive and may defer payment of such tax pending conclusion of such contest if legally permitted to do so and provided Mortgagee's security is not jeopardized in Mortgagee's sole reasonable opinion. (B) As further security for the taxation of deeds of trust or debts secured by deeds of trust for state, federal or any other purposes, or the manner payment of the collection Note and the payment of any such real estate taxes, so as regular or special assessments and insurance premiums, Mortgagor shall be required to affect this Deed of Trust, the Beneficiary and holder deposit one-twelfth (1/12) of the debt which it secures shall have annual amounts of such items as estimated by Mortgagee, with each monthly payment on the right Note, so that Mortgagee will hold a sufficient amount to declare the principal sum and the interest due on a date to be specified by pay all such charges not less than thirty (30) days written notice prior to the date on which such items become due and payable. Mortgagee shall be given famished evidence to Trustor by Beneficiary; allow it to estimate such amounts, including paid receipts or annual insurance premium statements, assessment notices and tax receipts. All funds so deposited shall, until applied to the payment of the aforesaid items, as hereinafter provided, however, that such election be held by Mortgagee without interest (except to the extent required under applicable law) and may be commingled with other funds of Mortgagee. All funds so deposited shall be ineffective if Trustor is permitted by law applied to the payment of the aforesaid items only upon the satisfaction of the following conditions: (1) no Event of Default or event, which with notice or the passage of time or both could become an Event of Default, shall have occurred; (2) Mortgagee shall have sufficient funds to pay the whole full amounts of such tax items (which funds may include amounts paid solely for such purpose by Mortgagor in addition to all other payments required hereunder the escrowed funds); and if(3) Mortgagor shall have furnished Mortgagee with prior written notification that such items are due and with the bills and invoices therefor in sufficient time to pay the same before any penalty or interest attaches and before policies of insurance lapse, prior as the case may be, and shall have deposited any additional funds as Mortgagee may determine as necessary to such specified date, does pay such taxes and agrees items. (C) Mortgagee expressly disclaims any obligation to pay the aforesaid items unless and until Mortgagor complies with all of the provisions set forth in subsections 1.06(A) and (B). Mortgagor hereby pledges any such tax when and all monies now or hereafter levied deposited pursuant to subsection 1.06(B) as additional security for the Note and Related Agreements. If any Event of Default shall have occurred, or assessed if the Note shall be accelerated as herein provided, all funds so deposited may, at Mortgagee's option, be applied as determined solely by Mortgagee or to cure said Event of Default or as provided in this section 1.06. In no event shall Mortgagor claim any credit against the Mortgaged Property, principal and such agreement shall constitute a modification interest due hereunder for any payment or deposit for any of this Deed of Trustthe aforesaid items.

Appears in 1 contract

Samples: Mortgage, Assignment of Leases, Rents and Contracts, Security Agreement and Fixture Filing (Ag-Chem Equipment Co Inc)

Taxes, Liens and Other Items. Trustor (A) Mortgagor shall pay at least ten days before delinquency, any and all taxes, bonds, assessments, special assessments, common area charges, fees, liens, charges, fines, penaltiesand any accrued interest or penalty thereon, impositions and any and all other items which are attributable to or affect the Mortgaged Property and which may attain a priority over this Deed of Trust (collectively, "Impositions") by making payment prior to delinquency directly to the payee thereof, unless Trustor shall be required thereof and promptly furnish copies of paid receipts for these to make payment to Beneficiary on account of such items pursuant to Section 1.05 hereofMortgagee. Prior to the delinquency of any such taxes or other items, Trustor shall furnish Beneficiary with receipts indicating such taxes and other items have been paid. Trustor Mortgagor shall promptly discharge or bond any lien which or encumbrance on the Property whether or not said lien or encumbrance has attained or may attain priority over this Deed Mortgage. This Mortgage shall be the sole encumbrance on the Property and, if with the consent of TrustMortgagee it is not the sole encumbrance, then it shall be prior to any and all other liens or encumbrances on the Property. In Mortgagor may in good faith and with due diligence protest the event payment of any Imposition which it believes unwarranted or excessive and may defer payment of such Imposition pending conclusion of such contest if legally permitted to do so, provided that the priority of this Mortgage and Mortgagee's security is not adversely affected and that Mortgagor shall have furnished Mortgagee or the taxing authority such security as may be required. (B) As further security for the payment of the passage after Note and the date of this Deed of Trust of any law deducting from the value payment of real property for the purposes of taxation any lien thereonestate taxes, regular or changing in any way the laws for the taxation of deeds of trust or debts secured by deeds of trust for statespecial assessments and insurance premiums, federal or any other purposes, or the manner Mortgagor shall deposit 1/12 of the collection annual amounts of any such taxesitems as estimated by Mortgagee, with each monthly payment on the Note, so as that Mortgagee will hold a sufficient amount to affect this Deed of Trust, the Beneficiary and holder of the debt which it secures shall have the right to declare the principal sum and the interest due on a date to be specified by pay all such charges not less than thirty (30) days written notice prior to the date on which such items become due and payable. Mortgagee shall be given furnished evidence to Trustor by Beneficiary; allow it to estimate such amounts, including paid receipts or annual insurance premium statements, assessment notices and tax receipts. All funds so deposited shall, until applied to the payment of the aforesaid items, as hereinafter provided, however, that such election be held by Mortgagee without interest (except to the extent required under applicable law) and may be commingled with other funds of Mortgagee. All funds so deposited shall be ineffective if Trustor is permitted by law applied to the payment of the aforesaid items only upon the satisfaction of the following conditions: (i) no Event of Default or event, which with notice or the passage of time or both could become an Event of Default, shall have occurred; (ii) Mortgagee shall have sufficient funds to pay the whole full amounts of such tax items (which funds may include amounts paid solely for such purpose by Mortgagor in addition to all other payments required hereunder the escrowed funds); and if(iii) Mortgagor shall have furnished Mortgagee with prior written notification that such items are due and with the bills and invoices therefor in sufficient time to pay the same before any penalty or interest attaches and before policies of insurance lapse, prior as the case may be, and shall have deposited any additional funds as Mortgagee may determine as necessary to such specified date, does pay such taxes and agrees items. (C) Mortgagee expressly disclaims any obligation to pay the aforesaid items unless and until Mortgagor complies with all of the provisions set forth in subsections 1.06(A) and (B). Mortgagor hereby pledges and grants a security interest in any such tax when and all monies now or hereafter levied deposited pursuant to subsection 1.06(B) as additional security for the Note and Related Agreements. If any Event of Default shall have occurred, or assessed if the Note shall be accelerated as herein provided, all funds so deposited may, at Mortgagee's option, be applied as determined solely by Mortgagee or to cure said Event of Default or as provided in this section 1.06. In no event shall Mortgagor claim any credit against the Mortgaged Property, principal and such agreement shall constitute a modification interest due hereunder for any payment or deposit for any of this Deed of Trustthe aforesaid items.

Appears in 1 contract

Samples: Form of Mortgage (Great Lakes Reit)

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Taxes, Liens and Other Items. Trustor shall pay at least ten days before delinquency, all taxes, bonds, assessments, special assessments, common area charges, fees, liens, charges, fines, penalties, impositions and any and all other items which are attributable to or affect the Mortgaged Property and which may attain a priority over this Deed of Trust Trust, by making payment prior to delinquency directly to the payee thereof, unless Trustor shall be required to make payment to 104 Beneficiary on account of such items pursuant to Section 1.05 hereof. Prior to the delinquency of any such taxes or other items, Trustor shall furnish Beneficiary with receipts indicating such taxes and other items have been paidParagraph 5 herein. Trustor shall promptly discharge any lien which has attained or may attain priority over this Deed of TrustTrust within thirty (30) days from the date that Trustor receives notice of same. In the event of the passage after the date of this Deed of Trust of any law deducting from the value of real property for the purposes of taxation any lien thereon, or changing in any way the laws for the taxation of deeds of trust or debts secured by deeds of trust for state, federal or any other purposes, or the manner of the collection of any such taxes, so as to affect this Deed of Trust, the Beneficiary holder of this Deed of Trust and holder of the debt which it secures shall have the right to declare the principal sum and the interest due on a date to be specified by not less than thirty (30) days written notice to be given to Trustor by Beneficiary; provided, however, that such election shall be ineffective if Trustor is permitted by law to pay the whole of such tax in addition to all other payments required hereunder and if, prior to such specified date, does pay such taxes and agrees to pay any such tax when hereafter levied or assessed against the Mortgaged Property, and such agreement shall constitute a modification of this Deed of Trust.

Appears in 1 contract

Samples: Purchase Agreement (Lipid Sciences Inc/)

Taxes, Liens and Other Items. A. Trustor shall pay at least ten days before delinquency, any and all taxes, bonds, assessments, special assessments, common area charges, fees, liens, charges, fines, penaltiesimpositions and any accrued interest or penalty thereon, impositions and any and all other items which are attributable to or affect the Mortgaged Property and which may attain a priority over this Deed of Trust by making payment prior to delinquency directly to the payee thereof, unless Trustor shall be required thereof and promptly furnish copies of paid receipts for these to make payment to Beneficiary on account of such items pursuant to Section 1.05 hereof. Prior to the delinquency of any such taxes or other items, Trustor shall furnish Beneficiary with receipts indicating such taxes and other items have been paidBeneficiary. Trustor shall promptly discharge or bond around any lien which or encumbrance on the Property whether said lien or encumbrance has attained or may attain priority over this Deed of TrustTrust or not. In This Deed of Trust shall be the event sole encumbrance on the Property and, if with the consent of Beneficiary it is not the passage after sole encumbrance, then it shall be prior to any and all other liens or encumbrances on the date Property. Provided that the priority of this Deed of Trust of any law deducting from the value of real property for the purposes of taxation any lien thereon, or changing is not in any way affected, Trustor may in good faith protest the laws payment of any tax or lien which it believes is unwarranted or excessive and may defer payment of such tax pending conclusion of such contest if legally permitted to do so and provided Beneficiary’s security is not jeopardized in Beneficiary’s sole opinion. B. As further security for the taxation of deeds of trust or debts secured by deeds of trust for state, federal or any other purposes, or the manner payment of the collection Note and the payment of any such real estate taxes, so as regular or special assessments and insurance premiums, Trustor shall be required to affect this Deed of Trust, the Beneficiary and holder deposit 1/12 of the debt which it secures shall have annual amounts of such items as estimated by Beneficiary, with each monthly payment on the right Note, so that Beneficiary will hold a sufficient amount to declare the principal sum and the interest due on a date to be specified by pay all such charges not less than thirty (30) days written notice prior to the date on which such items become due and payable. Beneficiary shall be given furnished evidence to Trustor by Beneficiary; allow it to estimate such amounts, including paid receipts or annual insurance premium statements, assessment notices and tax receipts. All funds so deposited shall, until applied to the payment of the aforesaid items, as hereinafter provided, however, that such election be held by Beneficiary without interest (except to the extent required under applicable law) and may be commingled with other funds of Beneficiary. All funds so deposited shall be ineffective if Trustor is permitted by law applied to the payment of the aforesaid items only upon the satisfaction of the following conditions: (1) no Event of Default or event, which with notice or the passage of time or both could become an Event of Default, shall have occurred; (2) Beneficiary shall have sufficient funds to pay the whole full amounts of such tax items (which funds may include amounts paid solely for such purpose by Trustor in addition to all other payments required hereunder the escrowed funds); and if(3) Trustor shall have furnished Beneficiary with prior written notification that such items are due and with the bills and invoices therefor in sufficient time to pay the same before any penalty or interest attaches and before policies of insurance lapse, prior as the case may be, and shall have deposited any additional funds as Beneficiary may determine as necessary to such specified date, does pay such taxes and agrees items. C. Beneficiary expressly disclaims any obligation to pay the aforesaid items unless and until Trustor complies with all of the provisions set forth in subsections 1.6(A) and (B). Trustor hereby pledges any such tax when and all monies now or hereafter levied deposited pursuant to subsection 1.6(B) as additional security for the Note and Related Agreements. If any Event of Default shall have occurred, or assessed if the Note shall be accelerated as herein provided, all funds so deposited may, at Beneficiary’s option, be applied as determined solely by Beneficiary or to cure said Event of Default or as provided in this Section 1.6. In no event shall Trustor claim any credit against the Mortgaged Property, principal and such agreement shall constitute a modification interest due hereunder for any payment or deposit for any of this Deed of Trustthe aforesaid items.

Appears in 1 contract

Samples: Deed of Trust (RBC Life Sciences, Inc.)

Taxes, Liens and Other Items. Trustor (A) Mortgagor shall pay at least ten days before delinquency, or cause to be paid any and all taxestaxes (including any deed tax or mortgage registry tax), bonds, assessments, special assessments, common area charges, fees, liens, charges, fines, penaltiesimpositions and any accrued interest or penalty thereon, impositions and any and all other items which are attributable to or affect the Mortgaged Property and which may attain a priority over this Deed of Trust (collectively, “Impositions”) by making payment prior to delinquency directly to the payee thereof, unless Trustor shall be required thereof and promptly furnish copies of paid receipts for these to make payment to Beneficiary on account of such items pursuant to Section 1.05 hereofMortgagee. Prior to the delinquency of any such taxes or other items, Trustor shall furnish Beneficiary with receipts indicating such taxes and other items have been paid. Trustor Mortgagor shall promptly discharge or bond any lien which or encumbrance on the Property whether or not said lien or encumbrance has attained or may attain priority over this Deed Mortgage. This Mortgage shall be the sole encumbrance on the Property and, if with the consent of TrustMortgagee it is not the sole encumbrance, then it shall be prior to any and all other liens or encumbrances on the Property. In Mortgagor may in good faith and with due diligence protest the event payment of any Imposition which it believes unwarranted or excessive and may defer payment of such Imposition pending conclusion of such contest if legally permitted to do so, provided that the priority of this Mortgage and Mortgagee’s security is not materially and adversely affected and that Mortgagor shall have furnished Mortgagee or the taxing authority such security as may be required. (B) As further security for the payment of the passage after Note and the date of this Deed of Trust of any law deducting from the value payment of real property for the purposes of taxation any lien thereonestate taxes, regular or changing in any way the laws for the taxation of deeds of trust or debts secured by deeds of trust for statespecial assessments and insurance premiums, federal or any other purposes, or the manner Mortgagor shall be required to deposit one-twelfth (1/12) of the collection annual amounts of any such taxesitems as estimated by Mortgagee, with each monthly payment on the Note, so as that Mortgagee will hold a sufficient amount to affect this Deed of Trust, the Beneficiary and holder of the debt which it secures shall have the right to declare the principal sum and the interest due on a date to be specified by pay all such charges not less than thirty (30) days written notice prior to the date on which such items become due and payable. Mortgagee shall be given furnished evidence to Trustor by Beneficiary; allow it to estimate such amounts, including paid receipts or annual insurance premium statements, assessment notices and tax receipts. All funds so deposited shall, until applied to the payment of the aforesaid items, as hereinafter provided, however, that such election be held by Mortgagee without interest (except to the extent required under applicable law) and may be commingled with other funds of Mortgagee. All funds so deposited shall be ineffective if Trustor is permitted by law applied to the payment of the aforesaid items only upon the satisfaction of the following conditions: (1) no Event of Default or event, which with notice or the passage of time or both could become an Event of Default, shall have occurred; (2) Mortgagee shall have sufficient funds to pay the whole full amounts of such tax items (which funds may include amounts paid solely for such purpose by Mortgagor in addition to all other payments required hereunder the escrowed funds); and if(3) Mortgagor shall have furnished Mortgagee with prior written notification that such items are due and with the bills and invoices therefor in sufficient time to pay the same before any penalty or interest attaches and before policies of insurance lapse, prior as the case may be, and shall have deposited any additional funds as Mortgagee may determine as necessary to such specified date, does pay such taxes and agrees items. (C) Mortgagee expressly disclaims any obligation to pay the aforesaid items unless and until Mortgagor complies with all of the provisions set forth in subsections 1.06(A) and (B). Mortgagor hereby pledges and grants a security interest in any such tax when and all monies now or hereafter levied deposited pursuant to subsection 1.06(B) as additional security for the Note and Related Agreements. If any Event of Default shall have occurred, or assessed if the Note shall be accelerated as herein provided, all funds so deposited may, at Mortgagee’s option, be applied as determined solely by Mortgagee or to cure said Event of Default or as provided in this Section 1.06. In no event shall Mortgagor claim any credit against the Mortgaged Property, principal and such agreement shall constitute a modification interest due hereunder for any payment or deposit for any of this Deed of Trustthe aforesaid items.

Appears in 1 contract

Samples: Mortgage, Assignment of Leases, Rents and Contracts, Security Agreement and Fixture Filing (Inland American Real Estate Trust, Inc.)

Taxes, Liens and Other Items. Trustor shall pay at least ten days before delinquency, all taxes, bonds, assessments, special assessments, common area charges, fees, liens, charges, fines, penalties, impositions and any and all other items which are attributable to or affect the Mortgaged Property and which may attain a priority over this Deed of Trust by making payment prior to delinquency directly to the payee thereof, unless Trustor shall be required to make payment to Beneficiary on account of such items pursuant to Section 1.05 hereof. Prior to the delinquency of any such taxes or other items, Trustor shall furnish Beneficiary with receipts indicating such taxes and other items have been paid. Trustor shall promptly discharge any lien which has attained or may attain priority over this Deed of Trust. In the event of the passage after the date of this Deed of Trust of any law deducting from the value of real property for the purposes of taxation any lien thereon, or changing in any way the laws for the taxation of deeds of trust or debts secured by deeds of trust for state, federal or any other purposes, or the manner of the collection of any such taxes, so as to affect this Deed of Trust, the Beneficiary and holder of the debt which it secures shall have the right to declare the principal sum and the interest due on a date to be specified by not less than thirty (30) days written notice to be given to Trustor by BeneficiaryXxxxxxxxxxx; provided, however, that such election shall be ineffective if Trustor is permitted by law to pay the whole of such tax in addition to all other payments required hereunder and if, prior to such specified date, does pay such taxes and agrees to pay any such tax when hereafter levied or assessed against the Mortgaged Property, and such agreement shall constitute a modification of this Deed of Trust.

Appears in 1 contract

Samples: Construction Deed of Trust (Redwood Mortgage Investors Viii)

Taxes, Liens and Other Items. Trustor (A) Mortgagor shall pay at least ten days before delinquency, or cause to be paid any and all taxes, bonds, assessments, special assessments, common area charges, fees, liens, charges, fines, penaltiesand any accrued interest or penalty thereon, impositions and any and all other items which are attributable to or affect the Mortgaged Property and which may attain a priority over this Deed of Trust (collectively, “Impositions”) by making payment prior to delinquency directly to the payee thereofthereof and promptly furnish copies of paid receipts for these to Mortgagee. Subject to Xxxxxxxxx's right to contest, unless Trustor shall be required to make payment to Beneficiary on account of such items pursuant to Section 1.05 hereof. Prior to the delinquency of any such taxes or other items, Trustor shall furnish Beneficiary with receipts indicating such taxes and other items have been paid. Trustor Xxxxxxxxx shall promptly discharge or bond any lien which or encumbrance on the Property whether or not said lien or encumbrance has attained or may attain priority over this Deed Mortgage. This Mortgage shall be the sole encumbrance on the Property and, if with the consent of TrustMortgagee it is not the sole encumbrance, then it shall be prior to any and all other liens or encumbrances on the Property. In Mortgagor may in good faith and with due diligence protest the event payment of any Imposition which it believes unwarranted or excessive and may defer payment of such Imposition pending conclusion of such contest if legally permitted to do so, provided that the priority of this Mortgage and Mortgagee’s security is not adversely affected and that Mortgagor shall have furnished Mortgagee or the taxing authority such security as may be required. (B) As further security for the payment of the passage after Note and the date of this Deed of Trust of any law deducting from the value payment of real property for estate taxes, regular or special assessments (to the purposes of taxation any lien thereonextent such items are not paid by tenants under approved Leases (as herein defined)) and insurance premiums, or changing in any way the laws for the taxation of deeds of trust or debts secured by deeds of trust for state, federal or any other purposes, or the manner Mortgagor shall deposit 1/12 of the collection annual amounts of any such taxesitems as estimated by Mortgagee, with each monthly payment on the Note, so as that Mortgagee will hold a sufficient amount to affect this Deed of Trust, the Beneficiary and holder of the debt which it secures shall have the right to declare the principal sum and the interest due on a date to be specified by pay all such charges not less than thirty (30) days written notice prior to the date on which such items become due and payable. Mortgagee shall be given furnished evidence to Trustor by Beneficiary; allow it to estimate such amounts, including paid receipts or annual insurance premium statements, assessment notices and tax receipts. All funds so deposited shall, until applied to the payment of the aforesaid items, as hereinafter provided, however, that such election be held by Mortgagee without interest (except to the extent required under applicable law) and may be commingled with other funds of Mortgagee. All funds so deposited shall be ineffective if Trustor is permitted by law applied to the payment of the aforesaid items only upon the satisfaction of the following conditions: (i) No Event of Default or event, which with notice or the passage of time or both could become an Event of Default, shall have occurred; (ii) Mortgagee shall have sufficient funds to pay the whole full amounts of such tax items (which funds may include amounts paid solely for such purpose by Mortgagor in addition to all other the escrowed funds); and (iii) Mortgagor shall have furnished Mortgagee with prior written notification that such items are due and with the bills and invoices for real estate taxes, in sufficient time to pay the same before the date such payments required hereunder are due and if, prior invoices for insurance premiums at least thirty (30) days before policies of insurance lapse and shall have deposited any additional funds as Mortgagee may determine as necessary to such specified date, does pay such taxes and agrees items. (C) Mortgagee expressly disclaims any obligation to pay the aforesaid items unless and until Mortgagor complies with all of the provisions set forth in subsections 1.06(A) and (B). Mortgagor hereby pledges and grants a security interest in any such tax when and all monies now or hereafter levied deposited pursuant to subsection 1.06(B) as additional security for the Note and Related Agreements. If any Event of Default shall have occurred, or assessed if the Note shall be accelerated as herein provided, all funds so deposited may, at Mortgagee’s option, be applied as determined solely by Mortgagee or to cure said Event of Default or as provided in this section 1.06. In no event shall Mortgagor claim any credit against the Mortgaged Property, principal and such agreement shall constitute a modification interest due hereunder for any payment or deposit for any of this Deed of Trustthe aforesaid items.

Appears in 1 contract

Samples: Mortgage Agreement (GTJ REIT, Inc.)

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