THE ENFORCEMENT OF THE CONTESTED
LEGAL REQUIREMENT AGAINST BORROWER OR THE PROPERTY; AND (VII) BORROWER SHALL
FURNISH SUCH SECURITY AS MAY BE REQUIRED IN THE PROCEEDING, OR AS MAY BE
REQUESTED BY LENDER, TO INSURE COMPLIANCE WITH SUCH LEGAL REQUIREMENT, TOGETHER
WITH ALL INTEREST AND PENALTIES PAYABLE IN CONNECTION THEREWITH.
LENDER MAY
APPLY ANY SUCH SECURITY, AS NECESSARY TO CAUSE COMPLIANCE WITH SUCH LEGAL
REQUIREMENT AT ANY TIME WHEN, IN THE REASONABLE JUDGMENT OF LENDER, THE
VALIDITY, APPLICABILITY OR VIOLATION OF SUCH LEGAL REQUIREMENT IS FINALLY
ESTABLISHED OR THE PROPERTY (OR ANY PART THEREOF OR INTEREST THEREIN) SHALL BE
IN DANGER OF BEING SOLD, FORFEITED, TERMINATED, CANCELLED OR LOST.
PROVIDED NO
EVENT OF DEFAULT THEN EXISTS, ANY SECURITY DEPOSITED WITH LENDER PURSUANT TO
THIS SECTION 5.1.1 MAY BE USED TO SATISFY COMPLIANCE WITH THE RELATED LEGAL
REQUIREMENT WITH ANY EXCESS AFTER THE SATISFACTION OF SAME TO BE RETURNED TO
BORROWER.
5.1.2
TAXES AND OTHER CHARGES. BORROWER SHALL PAY OR CAUSE TO BE PAID ALL
TAXES AND OTHER CHARGES NOW OR HEREAFTER LEVIED OR ASSESSED OR IMPOSED AGAINST
THE PROPERTY OR ANY PART THEREOF AS THE SAME BECOME DUE AND PAYABLE; PROVIDED,
HOWEVER, BORROWER'S OBLIGATION TO DIRECTLY PAY TO THE APPROPRIATE TAXING
AUTHORITY TAXES SHALL BE SUSPENDED IF BORROWER HAS DEPOSITED AMOUNTS FOR THE
PAYMENT OF SUCH TAXES INTO THE TAX AND INSURANCE ESCROW FUNDS PURSUANT TO OF
SECTION 7.2 HEREOF.
BORROWER WILL DELIVER TO LENDER RECEIPTS FOR PAYMENT OR
OTHER EVIDENCE SATISFACTORY TO LENDER THAT THE TAXES AND OTHER CHARGES HAVE BEEN
SO PAID OR ARE NOT THEN DELINQUENT NO LATER THAN TEN (10) DAYS PRIOR TO THE DATE
ON WHICH THE TAXES AND/OR OTHER CHARGES WOULD OTHERWISE BE DELINQUENT IF NOT
PAID (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 7.2 HEREOF).
IF BORROWER PAYS OR CAUSES TO BE PAID ALL
TAXES AND OTHER CHARGES AND PROVIDES A COPY OF THE RECEIPT EVIDENCING THE
PAYMENT THEREOF TO LENDER, THEN LENDER SHALL REIMBURSE BORROWER, PROVIDED THAT
THERE ARE THEN SUFFICIENT PROCEEDS IN THE TAX AND INSURANCE ESCROW FUNDS AND
PROVIDED THAT THE TAXES ARE BEING PAID PURSUANT TO SECTION 7.2.
UPON WRITTEN
REQUEST OF BORROWER, IF LENDER HAS PAID SUCH TAXES PURSUANT TO SECTION 7.2
HEREOF, LENDER SHALL PROVIDE BORROWER WITH EVIDENCE THAT SUCH TAXES HAVE BEEN
PAID.
BORROWER SHALL NOT SUFFER AND SHALL PROMPTLY CAUSE TO BE PAID AND
DISCHARGED ANY LIEN OR
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CHARGE WHATSOEVER WHICH MAY BE OR BECOME A LIEN OR CHARGE AGAINST THE PROPERTY,
AND SHALL PROMPTLY PAY FOR ALL UTILITY SERVICES PROVIDED TO THE PROPERTY.
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 TAXES OR OTHER CHARGES, PROVIDED THAT (I)
BORROWER IS PERMITTED TO DO SO
UNDER THE PROVISIONS