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"Extremely Low Income" means an adjusted income which does not exceed <br />thirty percent (30%) of the area median income for the Orange County, California PMSA, <br />adjusted for household size, as published by HUD. <br />"Event of Default" has the meaning set forth in Section 20.1. <br />"Governmental Authority" means any governmental or quasi governmental <br />agency, board, bureau, commission, department, court, administrative tribunal or other <br />instrumentality or authority, and any public utility. <br />"Hazardous Materials" means flammable materials, explosives, radioactive <br />materials, hazardous wastes, toxic substances and similar substances and materials, including <br />all substances and materials defined as hazardous or toxic wastes, substances or materials <br />under any applicable law, including without limitation the Resource Conservation and <br />Recovery Act, 42 U.S.C. §§ 6901 et seq., and the Comprehensive Environmental Response, <br />Compensation and Liability Act of 1980, 42 U.S.C. §§ 9601, et seq., as amended. <br />"HUD" means the United States Department of Housing and Urban Development <br />and any successors or assigns thereof. <br />"Improvements" means all improvements and fixtures now and hereafter <br />comprising any portion of the Property, including, -without limitation, landscaping, trees and <br />plant materials; and offsite improvements (including, without limitation, streets, curbs, storm <br />drains, and adjacent street lighting). <br />"Inclusionary Deed of Trust" means the deed of trust encumbering the Property, in the <br />form attached as Exhibit C to the Loan Agreement, to be executed by Owner pursuant to <br />Section 5.13.2 in order to secure the Inclusionary Loan Note. <br />"Inclusionary Loan" means the loan to be made by the City to Owner in the principal <br />amount of One Million Eight Hundred Seventy Five Thousand Dollars ($1,8750,000.00) in <br />accordance with this Agreement. <br />"Inclusionary Promissory Note" means that certain promissory note in the original <br />principal amount of $1,8750,000 in the form attached as Exhibit D to the Loan Agreement, <br />and to be executed by Owner in favor of City to evidence the obligation of Owner to repay <br />the Inclusionary Loan through residual receipts as further described in the Promissory Note. <br />"Indebtedness" of a person means (a) all indebtedness for borrowed money, <br />(b) notes payable and drafts accepted representing extensions of credit, whether or not <br />representing obligations for borrowed money, (c) any obligation for the purchase of property <br />or services in excess of $10,000 in the aggregate that is (i) deferred for more than six (6) <br />months, or (ii) evidenced by a note or similar instrument, and (d) all recourse and all non- <br />recourse indebtedness secured by any Lien on any property or asset of such person (whether <br />or not assumed by such person). <br />