any minerals from the surface or the subsurface of any
Property, regardless of the depth thereof or the method of mining or extraction
thereof.
Section 5.4.
TAXES AND OTHER CHARGES
(A)
BORROWER SHALL PAY (OR CAUSE TO BE PAID) ALL TAXES AND OTHER
CHARGES NOW OR HEREAFTER LEVIED OR ASSESSED OR IMPOSED AGAINST ANY PROPERTY OR
ANY PART THEREOF AS THE SAME BECOME DUE AND PAYABLE; PROVIDED, HOWEVER,
BORROWER'S OBLIGATION TO DIRECTLY PAY (OR CAUSE TO BE PAID) TAXES SHALL BE
SUSPENDED FOR SO LONG AS BORROWER COMPLIES WITH THE TERMS AND PROVISIONS OF
SECTION 9.6 HEREOF.
BORROWER SHALL FURNISH TO LENDER RECEIPTS FOR THE PAYMENT
OF THE TAXES AND THE OTHER CHARGES 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 9.6 HEREOF).
BORROWER SHALL NOT SUFFER AND SHALL
PROMPTLY CAUSE TO BE PAID OR TRANSFERRED TO BOND AND IN EITHER INSTANCE
DISCHARGED (OR FULLY AND UNCONDITIONALLY RELEASED) ANY LIEN OR CHARGE WHATSOEVER
WHICH MAY BE OR BECOME A LIEN OR CHARGE AGAINST ANY PROPERTY, AND SHALL PROMPTLY
PAY FOR (OR CAUSE TO BE PAID FOR) ALL UTILITY SERVICES PROVIDED TO ANY PROPERTY.
(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 TAXES OR OTHER CHARGES, OR ANY
INVOLUNTARY LIEN OR OTHER CHARGE, PROVIDED THAT (I) NO DEFAULT OR EVENT OF
DEFAULT HAS OCCURRED AND REMAINS UNCURED; (II) 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 CONSTITUTE A DEFAULT
THEREUNDER AND SUCH PROCEEDING SHALL BE CONDUCTED IN ACCORDANCE WITH ALL
APPLICABLE LEGAL REQUIREMENTS; (III) NEITHER THE APPLICABLE PROPERTY NOR ANY
PART THEREOF OR INTEREST THEREIN WILL BE IN DANGER OF BEING SOLD, FORFEITED,
TERMINATED, CANCELED OR LOST; (IV) BORROWER SHALL PROMPTLY UPON FINAL
DETERMINATION THEREOF PAY THE AMOUNT OF ANY SUCH TAXES OR OTHER CHARGES,
TOGETHER WITH ALL COSTS, INTEREST AND PENALTIES WHICH MAY BE PAYABLE IN
CONNECTION THEREWITH; (V) SUCH PROCEEDING SHALL SUSPEND THE COLLECTION OF SUCH
CONTESTED TAXES OR OTHER CHARGES FROM THE APPLICABLE PROPERTY; AND (VI) BORROWER
SHALL FURNISH SUCH SECURITY AS MAY BE REQUIRED IN THE PROCEEDING, OR DELIVER TO
LENDER SUCH RESERVE DEPOSITS OR INDEMNIFICATION IN LIEU THEREOF AS MAY BE
REASONABLY REQUESTED BY LENDER, TO INSURE THE PAYMENT OF ANY SUCH TAXES OR OTHER
CHARGES, TOGETHER WITH ALL INTEREST AND PENALTIES THEREON (UNLESS BORROWER HAS
PAID ALL OF THE TAXES OR OTHER CHARGES UNDER PROTEST).
LENDER MAY PAY OVER ANY
SUCH CASH DEPOSIT OR PART THEREOF HELD BY LENDER TO THE CLAIMANT ENTITLED
THERETO AT ANY TIME WHEN, IN THE JUDGMENT OF LENDER, THE ENTITLEMENT OF SUCH
CLAIMANT IS ESTABLISHED OR THE APPLICABLE