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51668048.5 <br />4. Payment and Contest of Taxes. <br />(a) The Borrower shall pay or cause to be paid when due and before any <br />penalty attaches, all general and special taxes, assessments, water charges, sewer charges, <br />and other fees, taxes, charges and assessments of every kind and nature whatsoever <br />levied or assessed against the Mortgaged Property, or any part thereof, or any interest <br />therein, or any income or revenue therefrom, or any obligation or instrument secured <br />hereby, and all installments thereof (collectively, the "Taxes "), on or before the date such <br />Taxes are due, except to the extent Lender makes payments with Borrower's deposits <br />under Section 23 hereof; and the Borrower shall discharge any claim or lien relating to <br />Taxes upon the Mortgaged Property. The Borrower shall provide the Lender with copies <br />of paid receipts for Taxes, if requested by the Lender, within ten (10) days after being <br />requested to do so by the Lender. <br />interest and, upon the conclusion of such contest and failure of Borrower to pay the <br />amount of the Mechanic's Lien, plus any interest finally determined to be due upon the <br />conclusion of such contest, may be used by the Lender in its sole discretion to protect the <br />priority of this Mortgage. In case the Borrower shall fail to maintain such bond, title <br />insurance or deposit, or to prosecute or cause the prosecution of such contest with <br />reasonable diligence, or to pay or cause to be paid the amount of the Mechanic's Lien, <br />plus any interest finally determined to be due upon the conclusion of such contest; then <br />the Lender may, at its option, apply any money and liquidate any securities then on <br />deposit with the Lender (or other depositary designated by the Lender) in payment of or <br />on account of such Mechanic's Liens, or that part thereof then unpaid, together with all <br />interest thereon according to any written bill, notice or statement, without inquiring into <br />the amount, validity or enforceability thereof. If the amount of money so deposited shall <br />(in Lender's reasonable judgment) be insufficient for the payment in full of such <br />Mechanic's Liens, together with all interest thereon, then the Borrower shall forthwith, <br />upon demand, deposit with the Lender (or other depositary designated by the Lender) the <br />sum which shall (in Lender's reasonable judgment, when added'to the funds then on <br />deposit with Lender) be necessary to make such payment in full (or such other security as <br />shall be reasonably satisfactory to Lender). If a Mechanic's Lien claim is ultimately <br />resolved in the claimant's favor, then the monies so deposited shall be applied in full <br />payment of such Mechanic's Lien or that part thereof then unpaid, together with all <br />interest thereon (provided no Event of Default shall then exist) when the Lender has been <br />furnished with satisfactory evidence of the amount of payment to be made. Any excess <br />monies remaining on deposit with the Lender (or other depositary) under this Section <br />3(b) shall be paid to the Borrower, provided that no Event of Default shall then exist. <br />(c) If the lien and security interest of the Trustee on behalf of the Lender in or <br />to the Mortgaged Property, or any part thereof, shall be endangered or shall be attacked, <br />directly or indirectly, the Borrower shall immediately notify the Lender and shall appear <br />in and defend any action or proceeding purporting to affect the Mortgaged Property, or <br />any part thereof, and shall file and prosecute such proceedings and take all actions <br />necessary to preserve and protect such title, lien and security interest in and to the <br />Mortgaged Property. <br />201508663 <br />