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"Property" shall mean the real property located at 3312 W. First Street, Santa Ana, <br />California described in the City Deed of Trust. <br />"Refinancing" shall mean changing the then existing financing on the Property by, <br />without limitation, modifying final maturity date of the existing Senior Loan, increasing the <br />stated maximum principal amount of the existing Senior Loan, paying off the existing Senior <br />Loan in full and obtaining new Senior Loan. <br />"Refinancing Proceeds" shall be disbursed as set forth in Section 7 hereof. <br />"Residual Receipts" shall mean the Gross Revenues from the Property, for each year, <br />less deductions for Operating Expenses from the Property, applicable to each such year to the <br />extent not already deducted as an Operating Expense. <br />"Sale" shall mean any transfer, assignment, conveyance or lease (other than to a tenant <br />for occupancy or a transaction set forth in Section 15(c) hereof) of the Property or any portion <br />thereof, or any interest therein by the Borrower, and includes any transfer, assignment or sale of <br />any partnership interest in the Borrower by an individual or entity which is a general partner in <br />the Borrower, or any interest by any individual or entity which holds an interest in any such <br />general partner in the Borrower, which brings the cumulative total of all such direct and indirect <br />transfers, assignments and sales during the term of this Note to more than forty-nine percent <br />(49%) of the ownership interests in the Borrower, and any such transfer, assignment or sale of a <br />direct or indirect partnership interest thereafter. Sale includes a sale in condemnation or under <br />threat thereof. Sale does not include dedications and grants of easements to public and private <br />utility companies of the kind customary in real estate development, nor transfers of Limited <br />Partnership interests or transfers of General Partner interests caused by the removal of the <br />General Partner pursuant to the terms of the Partnership Agreement. <br />"Sale Proceeds" shall be disbursed as set forth in Section 8 hereof. <br />"Senior Loan" shall mean the senior loan being made by MUFG Union Bank, N.A., <br />concurrent to the City Loan for payment of a portion of the Acquisition and Rehabilitation Costs, <br />and shall include any subsequent loan that refinances the initial Senior Loan. <br />"Term" the term for repayment of this Note shall mean fifty-five (55) years from the <br />date of recording. <br />3. Loan Repayment. <br />Borrower shall make payments to the City as provided in Sections 5 (Residual Receipts), <br />7 (Refinancing Proceeds), 8 (Sale Proceeds) and 10 (Accelerated Loan Repayment). <br />4. Operating Capital Improvement Loan. <br />91 <br />