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<br /> 5 <br />obligations for borrowed money, (c) any obligation for the purchase of property or services in <br />excess of $10,000 in the aggregate that is (i) deferred for more than six (6) months, or (ii) <br />evidenced by a note or similar instrument, and (d) all recourse and all non-recourse indebtedness <br />secured by any Lien on any property or asset of such person (whether or not assumed by such <br />person). <br /> <br />"Indemnitees" has the meaning set forth in Section 14.5 of the Agency Loan <br />Agreement. <br /> <br />"Laws" means all statutes, laws, ordinances, regulations, orders, writs, judgments, <br />injunctions, decrees or awards of the United States or any state, county, municipality or other <br />Governmental Authority. <br /> <br />"Lien" means any lien, mortgage, pledge, security interest, charge or encumbrance of <br />any kind (including any conditional sale or other title retention agreement, any lease in the nature <br />thereof, and any agreement to give any lien or security interest). <br /> <br />“Loan Documents” or “Agency Loan Documents” means, collectively, this <br />Agreement, the Agency Promissory Note, the Agency Deed of Trust, and the Affordability <br />Restrictions on Transfer of Property, and any other agreement, document, or instrument that the <br />Agency reasonably requires in connection with the execution of this Agreement or from time to <br />time to effectuate the purposes of this Agreement. <br /> <br />"Low Income" means an adjusted income which does not exceed eighty percent (80%) <br />of the area median income for the Orange County, California PMSA, adjusted for household <br />size, as published by TCAC in accordance with Sections 50052.5 and 50053 of the Health & <br />Safety Code. <br /> <br />"Median Income for the Area" means the median income for the Orange County, <br />California PMSA as most recently determined by HCD. Also may be referred to <br />interchangeably in the Agency Loan Documents as "Area Median Income" or "AMI". <br /> <br />"Permitted Encumbrances for the Affordable Housing Restrictions" means <br />collectively, the Senior Loan Deed of Trust and all other title exceptions and limitations with <br />respect to the Property hereafter approved by the City Project Manager in writing. <br /> <br />"Permitted Encumbrances for the Agency Deed of Trust" means the Senior Loan <br />Deed(s) of Trust and all other title exceptions and limitations with respect to the Property <br />hereafter approved by the City Project Manager in writing. <br /> <br />"Project" means the construction of the Improvements upon the Property by Developer <br />pursuant to this Agreement. <br /> <br />"Project Budget" means the line-item budget for the Project attached as Exhibit E to the <br />Agency Loan Agreement, as modified from time to time in accordance with the Agency Loan <br />Agreement. <br /> <br />EXHIBIT 3 <br />3-66