Other Assessments. Borrower will pay (or will cause the applicable Subsidiary Guarantor to pay), on or before the due date thereof, all taxes, assessments, charges, expenses, costs, and fees that might now or hereafter be levied upon, or assessed or charged against, or incurred in connection with, the Notes, the Obligations, the Mortgages, or any of the other Loan Documents, including, without limitation, any sales or use tax that might be imposed on Lender with respect to the Obligations. In the event of the passage of any state, federal, municipal, or other governmental law, order, rule, or regulation, subsequent to the date hereof, in any manner changing or modifying the laws now in force governing the taxation of deeds to secure debt or security agreements, or debts secured thereby, or in the manner of collecting such taxes, so as to adversely affect Lender (excluding any tax upon Lender’s income derived from the Obligations), Borrower will pay (or will cause the applicable Subsidiary Guarantor to pay) any such tax on or before the due date thereof. If Borrower (or the applicable Subsidiary Guarantor) fails to make such prompt payment or if, in the opinion of Lender, any such state, federal, municipal, or other governmental law, order, rule, or regulation prohibits Borrower or the applicable Subsidiary Guarantor from making such payment or would penalize Borrower or the applicable Subsidiary Guarantor if such party makes such payment, or if, in the opinion of Lender, the making of such payment might result in the imposition of interest beyond the maximum amount permitted by applicable law, then the entire Obligations will, at the option of Lender, become immediately due and payable.
Appears in 2 contracts
Sources: Loan Modification Agreement (ExchangeRight Income Fund), Loan Agreement (ExchangeRight Income Fund)