WITH ALL APPLICABLE STATUTES, LAWS
AND ORDINANCES; (IV) THE PROPERTY OR ANY PART THEREOF OR INTEREST THEREIN WILL
NOT BE IN DANGER OF BEING SOLD, FORFEITED, TERMINATED, CANCELLED OR LOST;
(V) BORROWER SHALL PROMPTLY UPON FINAL DETERMINATION THEREOF COMPLY WITH ANY
SUCH LEGAL REQUIREMENT DETERMINED TO BE VALID OR APPLICABLE OR CURE ANY
VIOLATION OF ANY LEGAL REQUIREMENT; (VI) SUCH PROCEEDING SHALL SUSPEND 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 (PROVIDED, HOWEVER, IF ANCHOR TENANT IS CONDUCTING THE
CONTEST PURSUANT TO THE ANCHOR TENANT LEASE, AND IS NOT REQUIRED UNDER THE
ANCHOR TENANT LEASE TO POST ANY SUCH SECURITY, THEN THIS CLAUSE (VII) SHALL NOT
APPLY).
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.
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 FOR SO LONG AS BORROWER ESCROWS FOR
TAXES PURSUANT TO THE TERMS AND PROVISIONS 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
36
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
FUND 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 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