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7.2. HRSR 04-04-2016
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7.2. HRSR 04-04-2016
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4/1/2016 4:14:06 PM
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City Government
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HRSR
date
4/4/2016
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1.4. Contest of Impositions, Liens and Levies. Mortgagor shall not be required to pay, <br /> discharge or remove any Imposition, lien or levy so long as Mortgagor shall in good faith contest <br /> the same or the validity thereof by appropriate legal proceedings which shall operate to prevent <br /> the collection of the levy, lien or Imposition so contested and the sale of the Mortgaged Property, <br /> or any part thereof to satisfy the same; provided, however, that Mortgagor, prior to the date such <br /> levy, lien or Imposition is due and payable or, in the case of a mechanic's lien or other <br /> involuntary lien within (30) days after the same shall have been filed, shall have given such <br /> reasonable security as may be demanded by Mortgagee to ensure such payments and any <br /> penalties and interest that may accrue thereon and prevent any sale or forfeiture of the <br /> Mortgaged Property by reason of such nonpayment. Any such contest shall be prosecuted with <br /> due diligence and Mortgagor shall promptly after final determination thereof pay the amount of <br /> any such levy, lien or Imposition so determined, together with all interest and penalties, which <br /> may 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, lien or <br /> Imposition notwithstanding such contest if in the reasonable opinion of Mortgagee, the <br /> Mortgaged Property is in jeopardy or in danger of being forfeited or foreclosed. <br /> 1.5. Maintenance and Repairs; Inventory. Mortgagor agrees that it will keep and <br /> maintain (or cause to be kept and maintained) the Mortgaged Property in good condition and <br /> repair, free from any waste or misuse, and will comply with all requirements of law, municipal <br /> ordinances and regulations, restrictions and covenants affecting the Mortgaged Property and its <br /> use, and will promptly repair or restore any buildings, improvements or structures now or <br /> hereafter on the Mortgaged Property which may become damaged or destroyed. Mortgagor <br /> further agrees that without the prior consent of Mortgagee it will not remove from the Mortgaged <br /> Property any fixtures or any personal property that is included in the Mortgaged Property unless <br /> the same is immediately replaced with like fixtures or personal property of at least equal value, <br /> or is otherwise removable under Section 6.1 hereof; or expand any improvements on the <br /> Mortgaged Property, erect any new improvements or make any material alterations in any <br /> improvements which will materially alter the basic structure, materially and adversely affect the <br /> market value or materially change the existing architectural character of the Mortgaged Property. <br /> Mortgagor agrees that it will complete within a reasonable time any buildings now or at any time <br /> in the process of erection on the Mortgaged Property. Mortgagor agrees not to acquiesce in any <br /> rezoning classification, modification or restriction affecting the Mortgaged Property without <br /> Mortgagee's prior written consent. Mortgagor agrees that it will not abandon the Mortgaged <br /> Property. Upon request of Mortgagee, Mortgagor shall deliver to Mortgagee an inventory in <br /> detail reasonably acceptable to Mortgagee of any personal property owned by Mortgagor that is <br /> included in the Mortgaged Property pursuant to the terms hereof together with a certification by <br /> Mortgagor that said inventory is a true and complete schedule of the personal property to be <br /> included in the Mortgaged Property pursuant to the terms hereof. Such inventory shall list any <br /> conditional sales contracts and other title retention arrangements to which such personal property <br /> may be subject. <br /> 4 <br /> 477384v3 EL185-40 <br />
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