ANY LEGAL REQUIREMENT, THE APPLICABILITY
OF ANY LEGAL REQUIREMENT
33
TO BORROWER OR THE PROPERTY OR ANY ALLEGED VIOLATION OF ANY LEGAL REQUIREMENT,
PROVIDED THAT (I) NO EVENT OF DEFAULT HAS OCCURRED AND REMAINS UNCURED; (II)
INTENTIONALLY OMITTED; (III) SUCH PROCEEDING SHALL BE PERMITTED UNDER AND BE
CONDUCTED IN ACCORDANCE WITH THE PROVISIONS OF ANY INSTRUMENT TO WHICH BORROWER
IS SUBJECT AND SHALL NOT CONSTITUTE A DEFAULT THEREUNDER AND SUCH PROCEEDING
SHALL BE CONDUCTED IN ACCORDANCE 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. 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 COMPLIES WITH 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 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