THE TERMS AND PROVISIONS OF SECTION 9.6 OF THE MORTGAGE LOAN AGREEMENT.
BORROWER SHALL CAUSE MORTGAGE BORROWER TO 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 CAUSE
MORTGAGE BORROWER TO FURNISH SUCH RECEIPTS FOR PAYMENT OF TAXES IN THE EVENT
THAT SUCH TAXES HAVE BEEN PAID BY MORTGAGE LENDER PURSUANT TO SECTION 9.6 OF THE
MORTGAGE LOAN AGREEMENT).
BORROWER SHALL CAUSE MORTGAGE BORROWER TO NOT SUFFER
AND SHALL PROMPTLY CAUSE MORTGAGE BORROWER TO PAY OR TRANSFER TO BOND AND IN
EITHER INSTANCE DISCHARGE (OR FULLY AND UNCONDITIONALLY RELEASE) ANY LIEN OR
CHARGE WHATSOEVER WHICH MAY BE OR BECOME A LIEN OR CHARGE AGAINST ANY PROPERTY,
AND SHALL CAUSE MORTGAGE BORROWER TO 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 PERMIT MORTGAGE BORROWER TO 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 OR MORTGAGE 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 CAUSE MORTGAGE BORROWER TO 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) MORTGAGE BORROWER SHALL HAVE FURNISHED MORTGAGE
LENDER WITH SUCH SECURITY AS MAY BE REQUIRED IN THE PROCEEDING, OR SHALL HAVE
DELIVERED TO MORTGAGE LENDER SUCH RESERVE DEPOSITS OR INDEMNIFICATION IN LIEU
THEREOF AS MAY BE REASONABLY REQUESTED BY MORTGAGE LENDER, TO INSURE THE PAYMENT
OF ANY SUCH TAXES OR OTHER CHARGES, TOGETHER WITH ALL INTEREST AND PENALTIES
THEREON (UNLESS MORTGAGE BORROWER HAS PAID ALL OF THE TAXES OR OTHER CHARGES
UNDER PROTEST).
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Section 5.5.
LITIGATION
Borrower shall give prompt written notice to Lender of any litigation or
governmental proceedings pending or threatened in writing against Borrower,
Borrower Principal, Mortgage Borrower or Affiliated Lessee which might
materially adversely affect Borrower's, Mortgage Borrower's, Borrower
Principal's or Affiliated Lessee's condition (financial or otherwise) or
business or any Property or the Collateral.
Section 5.6.
ACCESS TO PROPERTY
Borrower shall cause Mortgage Borrower to permit agents, representatives and
employees of Lender to inspect any Property