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<br /> <br />t--~ ' <br />t'~-(9.'~ <br /> <br />'93- 110869 <br /> <br />performance (at Company's sole expense) of an environ- <br />mental assessment of any of the Project and any or all <br />other real or personal property owned, occupied, <br />operated, or used by Company or any business conducted <br />th~reupon or therewith, satisfactory in scope, form and <br />content to Trustee and Issuer. Said environmental <br />assessment must be performed by an environmental <br />consultant satisfactory to Trustee and Issuer. Should <br />Company fail to provide said environmental assessment <br />within thirty (30) days of Trustee's and Issuer's written <br />request, Trustee and Issuer shall have the right but not <br />the obligation to retain an environmental consultant to <br />perform said environmental assessment. All costs and <br />expenses incurred by Trustee and Issuer in the exercise <br />of such rights shall be secu.red by this Mortgage and <br />8~all be payable together with interest at the Default <br />Rate provided in the Note, by Company upon demand. <br /> <br />SECTION 35. Escrow Fund. Company shall pay to Trustee <br /> <br />on the day monthly installments are due under the Notes by means of <br /> <br />a separate check, one-twelfth of an amount which would be <br /> <br />sufficient to pay the taxes and assessments imposed against the <br /> <br />Project or any pRrt thereof payable, or estimated by Trustee to be <br /> <br />payable, during the ensuing twelve (12) months to be held by <br /> <br />Trustee in an interest bearing escrow account separate and a part <br /> <br />from the Indenture drawing interest at a rate not in excess of 6% <br /> <br />per annum unless a recognized bond c0unsel opines that a higher <br /> <br />rate will not advel:sel ',. affect the status of the interest on the <br /> <br />Bonds (said amount hereinafter called "Escrow Fund"). <br /> <br />Company <br /> <br />agrees that not later than one month prior to the date when the <br /> <br />taxes and assessments will becoT:'\(:! delinquent, the amount in the <br /> <br />Escrow Fund shall be sufficient to pay such taxes and assessments. <br /> <br />Trustee shall apply the Escrow Fund to pay said taxes and <br /> <br />assessments prior to the date that a delinquency occurs or a <br /> <br />penalty attaches for nonpayment so long as the amount of the Escrow <br /> <br />37 <br /> <br />