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7.A. - Page 138 1.1.70 " Loan Documents means the various documents and instruments made by and between the Developer and a Lender that evidence or perfect a Loan and/or the security for repayment of such Loan. 1.1.71 "Maintenance Deficiencv" shall have the meaning ascribed to the term in Section 5.2.2. 1.1.72 "Maintenance Standard" shall have the meaning ascribed to the term in Section 5.2.1. 1.1.73 "Monetarv Default" means any failure, after lapse of any notice requirement and/or period for cure, by either Party to pay or deposit, when and as this Agreement requires, any amount of money, or evidence of any insurance coverage, whether to or with a Party or a third-party. 1.1.74 "Mort�a�e" means any mortgage, deed of trust, security deed, contract for deed, deed to secure debt, or other voluntary real property (including leasehold) security instrument(s) or agreement(s) intended to grant real property (including leasehold) security for any obligation (including a purchase-money or other promissory note) encumbering the Site, or any portion thereof, as entered into, renewed, modified, consolidated, increased, decreased, amended, extended, restated, assigned (wholly or partially), collaterally assigned, or supplemented from time to time, unless and until paid, satisfied, and discharged of record. If two or more such mortgages are consolidated or restated as a single lien or held by the same Mortgagee, then all such mortgages so consolidated or restated shall constitute a single Mortgage. A participation interest in a Mortgage (or partial assignment of the secured loan) does not itself constitute a Mortgage. 1.1.75 "Mortga�ee" means a holder of any Mortgage and its successors and assigns. 1.1.76 "Non-Monetarv Default" means the occurrence of any of the following, except to the extent constituting a Monetary Default: (i) any failure, after lapse of any notice requirement and/or period for cure, of a Party to perform any of its obligations under this Agreement; (ii) a Party's failure, after lapse of any notice requirement and/or period for cure, to comply with any material restriction or prohibition in this Agreement; or (iii) any other event or circumstance that, with passage of time or giving of Notice, or both, would constitute a Default under this Agreement. 1.1.77 "Notice" means any consent, demand, designation, election, Notice, or request relating to this Agreement, including any Notice of Default. All Notices must be in writing. 1.1.78 "Notice of Default" means any Notice claiming or giving Notice of a Default or alleged Default. 1.1.79 "Notice of A�reement" means a notice, in substantially the form of Exhibit F to this Agreement, to be recorded against the Site at the Close of Escrow to provide constructive record notice of the existence and application of this Agreement to the Site. 82483.00009\7571312.11 10 ATTY/AGR/2013.118/BLOCK 2 HUNTER STORM REV: 07-19-13 PT