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any such imposition by Mortgagor would result in the payment of a usurious rate of <br /> interest on the Obligations, the Obligations, together with interest, shall become <br /> immediately due and payable, or, at Mortgagee's option, Mortgagee may pay any amount <br /> or portion of such Imposition as renders the Obligations unlawful or usurious, in which <br /> event Mortgagor shall concurrently therewith pay the remaining lawful and non-usurious <br /> portion or balance of said Imposition. <br /> 1.3 Payment of Operatin.Costs, Prior Mortgages and Liens. Mortgagor <br /> agrees that it will pay, or cause to be paid, all operating costs and expenses of the <br /> Mortgaged Property; keep the Mortgaged Property free from mechanics' and material <br /> suppliers' and other liens, subject to Mortgagor's right to contest in good faith as set forth <br /> in Section 1.4 hereof, will keep the Mortgaged Property free from levy, execution or <br /> attachment and will immediately pay when due all indebtedness which may be secured <br /> by mortgage, lien or charge on the Mortgaged Property and upon request will exhibit to <br /> Mortgagee satisfactory evidence of such payment and discharge. <br /> 1.4 Contest of Impositions, Liens and Levies. Mortgagor shall not be required <br /> to pay, discharge or remove any Imposition, lien or levy so long as Mortgagor shall in <br /> good faith contest the same or the validity thereof by appropriate legal proceedings which <br /> shall operate to prevent the collection of the levy, lien or Imposition so contested and the <br /> sale of the Mortgaged Property, or any part thereof to satisfy the same; provided, <br /> however, that Mortgagor, prior to the date such levy, lien or Imposition is due and <br /> payable or, in the case of a mechanic's lien or other involuntary lien within (30) days <br /> after the same shall have been filed, shall have given such reasonable security as may be <br /> demanded by Mortgagee to insure such payments and any penalties and interest that may <br /> accrue thereon and prevent any sale or forfeiture of the Mortgaged Property by reason of <br /> such nonpayment. Any such contest shall be prosecuted with due diligence and <br /> Mortgagor shall promptly after final determination thereof pay the amount of any such <br /> levy, lien or Imposition so determined, together with all interest and penalties, which may <br /> be payable in connection therewith. Notwithstanding the provisions of this Section, <br /> Mortgagor shall, and Mortgagee may (but shall have no obligation to), pay any such levy, <br /> lien or Imposition notwithstanding such contest if in the reasonable opinion of <br /> Mortgagee, the Mortgaged Property is in jeopardy or in danger of being forfeited or <br /> foreclosed. <br /> 1.5 *ifi"tenance and Repairs; Inventory. Mortgagor agrees that it will keep <br /> and maintain (or cause to be kept and maintained) the Mortgaged Property (including, <br /> without limitation, the Equipment) in good condition and repair, free from any waste or <br /> misuse, and will comply with all requirements of law, municipal ordinances and <br /> regulations, restrictions and covenants affecting the Mortgaged Property and its use, and <br /> will promptly repair or restore any buildings, improvements or structures now or <br /> hereafter on the Mortgaged Property which may become damaged or destroyed. <br /> Mortgagor further agrees that without the prior consent of Mortgagee it will not remove <br /> from the Mortgaged Property any or all of the Equipment or any fixtures or any personal <br /> property that is included in the Mortgaged Property unless the same is immediately <br /> replaced with like fixtures or personal property of at least equal value, or is otherwise <br /> removable under Section 6.1 hereof, or expand any improvements on the Mortgaged <br /> -4- <br />