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_ _ �.. �.�_ _ <br /> 1.1.70 "Loan Documents" means the various documents and instruments <br /> made by and between the Developer and a Lender that evidence or perfect a Loan and/or the <br /> security for repayment of such Loan. <br /> 1.1.71 "Maintenance Deficiencv" shall have the meaning ascribed to the term <br /> in Section 5.2.2. <br /> 1.1.72 "Maintenance Standard" shall have the meaning ascribed to the tenm in <br /> Section 5.2.1. <br /> 1.1.73 "Monetary Default" means any failure, after lapse of any notice <br /> requirement and/or period for cure,by either Party to pay or deposit, when and as this Ag�reement <br /> requires, any amount of money, or evidence of any insurance coverage, whether to or with a <br /> Party or a third-party. <br /> 1.1.74 "Mortea�e" means any mortgage, deed of trust, security deed, contract <br /> for deed, deed to secure debt, or other voluntary real property (including leasehold) security <br /> instrument(s) or agreement(s} intended to grant real property (including leasehold) security for <br /> any obligation (including a purchase-money or other promissory note) encumbering the Site, ar <br /> any portion thereof, as entered into, renewed, modified, consolidated, increased, decreased, <br /> amended, extended, restated, assigned (wholly or partially), collaterally assigned, or <br /> supplemented from time to time,unless and until paid, satisfied,and discharged of record. If two <br /> or more such mortgages are consolidated or restated as a single lien or held by the same <br /> Mortgagee, then all such mortgages so consolidated or restated shall constitute a single <br /> Mortgage. A participation interest in a Mortgage(or partial assignment of the secured loan)does <br /> nat itself constitute a Mortgage. <br /> 1.1.75 "Mort�agee" means a holder of any Mortgage and its successors and <br /> assigns. <br /> 1.1.76 "Non-Monetary Default" means the occurrence of any of the <br /> following, except to the extent constituting a Monetary Default: (i) any failure, after lapse of any <br /> notice requirement and/or period for cure, of a Party to perform any of its obligations under this <br /> Agreement; (ii) a Party's failure, after lapse of any notice requirement and/or period for cure, to <br /> comply with any material restriction or prohibition in this Agreement; or (iii) any other event or <br /> circumstance that, with passage of time or giving of Notice, or both, would constitute a Default <br /> under this Agreement. <br /> 1.1.77 "Notice" means any consent, demand, designation, election, notice, or <br /> request relating to this Agreement, including any Notice of Default. All Notices must be in <br /> writing. <br /> 1.1.78 "Notice of DefaulY' means any Notice claiming or giving Notice of a <br /> Default or alleged Default. <br /> io <br /> 2013.118/BLOCK 2 HUNTER STORM <br /> REV:07-2&13 PT <br />