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200602198 and payable, and which create, may create or appear to create a lien upon the Mortgaged Estate, or any part thereof, or upon any Personal Property, equipment or other facility used in the operation or maintenance thereof (all of which taxes, assessments and other governmental and nongovernmental charges of like nature are hereinafter referred to as "Impositions "); provided however, that if, by law, any such Imposition is payable, or may at the option of the taxpayer be paid, in installments, the Grantor may pay the same together with any accrued interest on the unpaid balance of such Imposition in installments as the same become due and before any fine, penalty, interest or cost may be added thereto for the nonpayment of any such installment and interest. (b) If at any time after the date hereof there shall be assessed or imposed (1) a tax or assessment on the Mortgaged Estate in lieu of or in addition to the Impositions payable by the Grantor pursuant to Section 1.09(x) hereof, or (2) a license fee, tax or assessment imposed on the Beneficiary and measured by or based in whole or in part upon the amount of the outstanding Secured Obligations, then all such taxes, assessments or fees shall be deemed to be included within the term "Impositions" as defined in Section 1.09(x) hereof, and the Grantor shall pay and discharge the same as herein provided with respect to the payment of Impositions. (c) Subject to the provisions of Section 1.09(d) hereof, the Grantor covenants to furnish the Beneficiary within 30 days after the date upon which any such Imposition is due and payable by the Grantor, official receipts of the appropriate taxing authority, or other proof satisfactory to the Beneficiary, evidencing the payment thereof. (d) Subject to the applicable state law provisions, the Grantor shall have the right before any delinquency occurs to contest or object to the amount or validity of any Imposition by appropriate legal proceedings, but this shall not be deemed or construed in any way as relieving, modifying, or extending the Grantor's covenant to pay any such Imposition at the time and in the manner provided in Section 1.09 hereof, unless the Grantor has given prior written notice to the Beneficiary of the Grantor's intent to so contest or object to an Imposition, and unless, at the Beneficiary's sole option, (1) the Grantor shall demonstrate to the Beneficiary's satisfaction that the legal proceedings shall conclusively operate to prevent the sale of the Mortgaged Estate, or any part thereof; (2) the Grantor shall diligently and in good faith pursue such contest (3) the Grantor shall furnish a good and sufficient bond or surety in an amount equal to 125% of the contested Imposition; and (4) the Grantor shall have provided a good and sufficient undertaking as may be required or permitted by law to accomplish a stay of such proceedings. (e) The Grantor covenants and agrees not to suffer, permit or initiate the joint assessment of the real and personal property, or any other procedure whereby the lien of the real property taxes and the lien of the personal property taxes shall be assessed, levied or charged to the Mortgaged Estate as a single lien. Section 1.10. Utilities. The Grantor shall pay when due all utility charges which are incurred for the benefit of the Mortgaged Estate or which may become a charge or lien against the Mortgaged Estate for gas, electricity, water or sewer services furnished to the Mortgaged Estate and all other taxes, assessments or charges of a similar nature, whether public or private, affecting the Mortgaged Estate or any portion thereof, whether or not such taxes, assessments or charges are liens thereon. Section 1.11. Actions Affecting Mortgaged Estate. The Grantor shall appear in and contest any action or proceeding purporting to affect the title of the Grantor in the Mortgaged Estate or security hereof or the rights or powers of the Beneficiary or the Trustee; and the Grantor shall pay all costs and expenses, including cost of evidence of title and reasonable attorneys' fees, in any such action or proceeding in which the Beneficiary or the Trustee may appear. -7-