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law; (e) defined as a "pollutant" or "contaminant" under 42 U.S.C. § 9601(33); (f) defined as
<br />"hazardous waste" under 40 C.F.R. Part 260; (g) defined as a "hazardous chemical" under 29
<br />C.F.R. Part 1910; (h) any matter within the definition of "hazardous substance" set forth in 15
<br />U.S.C. § 1262; (i) any matter, waste or substance regulated under the Toxic Substances Control
<br />Act ("TSCA") [15 U.S.C. Sections 2601, et seq.]; 0) any matter, waste or substance regulated
<br />under the Hazardous Materials Transportation Act, 49 U.S.C. Sections 1801, et seq.; (k) those
<br />substances listed in the United States Department of Transportation (DOT) Table [49 C.F.R.
<br />172.101]; (1) any matter, waste or substances designated by the U.S. Environmental Protection
<br />Agency ("EPA"), or any successor authority, as a hazardous substance [40 C.F.R. Part 302]; (m)
<br />any matter, waste or substances defined as "hazardous waste" in Section 25117 of the California
<br />Health and Safety Code; (n) any substance defined as a "hazardous substance" in Section 25316
<br />of the California Health and Safety Code; (o) any matter, waste,or substance that is subject to any
<br />other Law regulating, relating to or imposing obligations, liability or standards of conduct
<br />concerning protection of human health, plant life, animal life, natural resources, property or the
<br />enjoyment of life or property free from the presence in the environment of any solid, liquid, gas,
<br />odor or any form of energy from whatever source; or (p) other substances, materials, and wastes
<br />that are, or become, regulated or classified as hazardous or toxic under Law or in the regulations
<br />adopted pursuant to said Law, including manure, asbestos, polychlorinated biphenyl, flammable
<br />explosives and radioactive material. Notwithstanding the foregoing, "Hazardous Substances"
<br />shall not include such products in quantities as are customarily used in the construction,
<br />maintenance, development or management of residential developments or associated buildings and
<br />grounds, or typically used in residential activities in a manner generally used in other comparable
<br />residential developments, or substances commonly ingested by a significant population living
<br />within the Development including, without limitation, alcohol, aspirin, tobacco and saccharine.
<br />dd. "Hazardous Substance Discharge" means any deposit, discharge,
<br />generation, release, or spill of a Hazardous Substance that occurs at on, under, into or from the
<br />Property, or during transportation of any Hazardous Substance to or from the Property, or that
<br />arises at any time from the Construction, use or operation of the Development or any activities
<br />conducted at on, under or from the Property, whether or not caused by a Party.
<br />ee. "HCD" means the California State Department of Housing and Community
<br />Development.
<br />ff. "Insurance Requirements" means the "Insurance Requirements" attached
<br />hereto as Attachment No. 8, which Borrower must comply with prior to the initial disbursement
<br />of the Loan.
<br />gg. "Land Use Laws" has the meaning set forth in Section 403.
<br />hh. "Loan" has the meaning set forth in Section 201.
<br />ii. "Loan Documents" means the documents, instruments and agreements
<br />evidencing and securing the Loan including, but not limited to, this Agreement, the Note, the Deed
<br />of Trust, and the Regulatory Agreement.
<br />REV: 05-21-25 LF
<br />ATTY/AGR.2025.100/HEART-SV (417 Stambaugh St.) (Page 11 of 85)
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