1. MIDA Bond Oak Grove Lutheran School
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1. MIDA Bond Oak Grove Lutheran School
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<br />ARTICLE 5 <br /> <br />MAINTENANCE. MODIFICA TIONS, TAXES AND INSURANCE <br /> <br />SECTION 5.01. MAINTENANCE. During the term of this Loan Agreement, the Corporation <br />will keep, or cause the Facilities to be kept, in good repair and good operating condition and in as <br />safe condition as its operations will reasonably permit, making all repairs thereto and renewals and <br />replacements thereof which may be necessary for this purpose, so that the Facilities will remain <br />suitable and efficient for use in the operation of the Corporation's business. <br /> <br />SECTION 5.02.MoDlFICATlONS. The Corporation may, from time to time at its own <br />expense, make any Improvements to the Facilities that it may deem desirable for its business <br />purposes provided that such Improvements or replaeements do not materially alter the scope, <br />character or operation ofthe Facilities or impair the exemption of interest on the Bonds from federal <br />income taxation. The cost of such Improvements shall be paid by the Corporation and the same <br />shall become a part of the Facilities and be included under the terms of the Mortgage. <br /> <br />SECTION 5.03. REMOVAL OF EQUIPMENT. So long as it is not in default hereunder, the <br />Corporation may, without the consent of the Issuer or the Lender, remove, alter or modifY any item <br />of equipment, furnishings and other tangible personal property, including Equipment. Any damage <br />resulting to the Facilities therefrom shall be repaired and the Facilities restored to their previous <br />condition at the sole expense of the party effecting such removal or at the sole expense of the <br />Corporation. <br /> <br />SECTION 5.04. TAXES AND OTHER GOVERNMENTAL CHARGES AND UTILITY CHARGES. <br />The Corporation will pay, or cause to be paid, during the term of this Loan Agreement, as the same <br />respectively become due, all taxes, speeial assessments, governmental charges and utility charges <br />of any kind whatsoever that may at any time be lawfully assessed or levied against or with respect <br />to the Facilities or other property acquired by the Corporation in substitution for, as a renewal or <br />replaeement of, or a modification, improvement, or addition to, the Facilities or equipment and other <br />charges incurred in the operation, maintenance, use, and upkeep of the Facilities. <br /> <br />The Corporation may, at its expense and in its own name, in good faith contest any such <br />taxes, assessments, and other charges and, in the event of any such contest, may permit the taxes, <br />assessments, or other charges so contested to remain unpaid during the period of such contests and <br />any appeal therefrom; provided that the Corporation shall provide the Lender with an opinion of <br />Counsel stating that the nonpayment of any such items shall not materially endanger the security for <br />the Bonds and that the Facilities or any essential part thereof will not be subject to loss or forfeiture <br />by reason of such nonpayment, otherwise, such taxes, assessments or charges shall be paid forthwith <br />or the Corporation shall deposit cash with the Lender in an amount satisfactory to the Lender. <br /> <br />SECTION 5.05. FACILITIES INSURANCE REOUlREMENTS. The Corporation agrees to: (a) <br />insure or cause the Facilities to be insured against fire and other perils covered under the usual <br />"special form" extended coverage endorsement in an amount not less than the outstanding principal <br />amount of the Bonds by means ofpolieies issued by reputable insurance companies duly qualified <br /> <br />5-1 <br />
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