Laserfiche WebLink
6. 1. B. - Page 48 <br />1.26. "Eligible Insurer or Guarantor ": An insurer or governmental guarantor of a First <br />Mortgage. <br />1.27. "Exclusive Use Common Area ": Those portions of the Common Area set aside for <br />exclusive use of an Owner pursuant to Section 2.2.C, and shall constitute "Exclusive Use Common <br />Area" within the meaning of California Civil Code Section 1351(i). <br />1.28. "First Lender ": Any person, entity, bank, savings and loan association, insurance <br />company, or other financial institution holding a recorded First Mortgage on any Condominium. <br />1.29. "First Mortgage ": Any Mortgage recorded in the County made in good faith and for <br />value on a Condominium with first priority over other Mortgages encumbering the Condominium. <br />1.30. "Foreclosure ": The legal process by which a Condominium owned by an Owner <br />who is in default under a Mortgage is sold pursuant to California Civil Code § 2924a et seg. or sale <br />by the Court pursuant to California Code of Civil Procedure § 725a et seq. and any other applicable <br />laws. <br />1.31. "Governing Documents ": This Declaration, as amended from time to time, the <br />exhibits, if any, that are attached to the Declaration, togetherwith the other basic documents used to <br />create and govern the Project, including the Map, the Articles, the Bylaws, the Condominium Plan <br />and the Rules, and any Design Guidelines adopted by the Board or the Association. <br />1.32. "Hazardous Materials ": Any substance, material or waste which is or becomes: (i) <br />regulated by any local or regional Governmental authority of the State of California or the United <br />States Government as a hazardous waste; (ii) is defined as a "solid waste," "sludge," "hazardous <br />waste," "extremely hazardous waste," "restricted hazardous waste," "non -RCRA hazardous waste," <br />"RCRA hazardous waste," or "recyclable material," under any federal, state or local statute, <br />regulation, or ordinance, including, without limitation, Sections 25115, 25117, 25117.9, 25120.2, <br />25120.5 or 25122.7, 25140, 25141 of the California Health and Safety Code; (iii) defined as a <br />"Hazardous Substance" under Section 25316 of the California Health and Safety Code; (iv) defined <br />as a "Hazardous Material," "Hazardous Substance" or "Hazardous Waste" under Section 25501 of <br />the California Health and Safety Code; (v) defined as a "Hazardous Substance" under Section <br />25281 of the California Health and Safety Code; (vi) asbestos; (vii) petroleum products, including, <br />without limitation, petroleum, gasoline, used oil, crude oil, waste oil, and anyfraction thereof, natural <br />gas, natural gas liquefied, methane gas, natural gas, or synthetic fuels, (viii) materials defined as <br />hazardous or extremely hazardous pursuant to the California Code of Regulations; (ix) pesticides, <br />herbicides and fungicides; (x) polychlorinated biphenyls; (xi) defined as a "Hazardous Substance" <br />pursuant to Section 311 of the Federal Water Pollution Control Act (33 U.S.C. Section 1251 et seq. <br />(xii) defined as a "Hazardous Waste" pursuant to Section 1004 of the Federal Resource <br />Conservation and Recovery Act, 42 U.S.C. Section 6901 et. seq.; (xiii) defined as a "Hazardous <br />Substance" or "Mixed Waste" pursuant to Section 101 of the Comprehensive Environmental <br />Response Compensation and Liability Act, 42 U.S.C. Section 9601 et sea. and regulations <br />promulgated thereunder; (xiv) defined as a "Hazardous Substance ") pursuant to Section 401.15 of <br />the Clean WaterAct, 40 C.F.R. 116; (xv) defined as an "Extremely Hazardous Substance" pursuant <br />to Section 302 of the Superfund Amendments and Reauthorizations Act of 1986, 42 U.S.C. Section <br />11002 et seq. or (xvi) defined as "medical waste" pursuant to Section 25023.2 of the California <br />Health and Safety Code, Chapter 6.1 (Medical Waste Management Act). <br />4 <br />03/06/12 <br />T:IWPWIN601PR07ECTSk333 MAIN STREET DEC - DRAFTING FORM[7] [03 06 12].doc <br />