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City Draft <br /> 6/28113 <br /> 1.1.70 "Loan Documen�" means the various documents and instruments <br /> made by and between the Developer and a Lender that evzdence or perfect a Laan and/or the <br /> security for repay�ment of such Loan. <br /> 1.1.71 "Maintenance Deficiencv" shali have the meaning ascribed to the term <br /> in Section 5.2.2. <br /> 1,1.72 "Maintenance Standard" sha11 ha�e the meaning asctibed to the term in <br /> Section 5.2.1. <br /> 1.1.73 "Monetary Default" means any failure, after iapse of any notice <br /> requirement and/ar period for cure,by either Party to pay or deposit,when and as this Agreezxient <br /> requires, any amount of money, or evidez�ce of any insurance coverage, whether to or with a <br /> Pariy or a third-party. <br /> 1.1.74 "Mort�a�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 /> instrurnent(s) or agreernent(s) intended to grant real property (including leaseho�d} security for <br /> any obligation (including a purchase-money or other promissory note) encumbering the Site, or <br /> any portian thereof, as entered into, renewed, modified, consoIidated, 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 t�wo <br /> or mare 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 sha11 constitute a single <br /> Mortgage. A participation interest in a Mortgage(or partial assignment of the secured loan} does <br /> not itself constitute a Mortgage. <br /> 1.1.75 "Mort��" rneans a ho�der of any Mortgage and its successors and <br /> assigns. <br /> 1.1.7f� "Non-Monetar Default" means the occUrrence of any of the <br /> following, except to the extent canstituting a Monetary Default: (i) any failure, after lapse of any <br /> notice raquireznent and/or period for cure, of a Farty to perform any of its obligations under this <br /> Agree�ent; (ii} a Party's failure, after lapse of any notice requirement and/or period for cure, to <br /> comply with any�naterial restriction or prohibition in this Agreement; or (iii) any other event or <br /> circumstance that, with passage of time ar giving of Notice, or both, wauld 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 fn <br /> writing. <br /> 1.1.7$ "Notice of DefauIt" means any Notice claiming or giving Notice of a <br /> Default or alleged Default. <br /> 1.1.79 "Notice of A reement" means a notice, in substantially the form of <br /> Exhibit F to this Agreement, to be recorded against the Site at the Close of Escrow #o provide <br /> constructive record notice of the existence and application of this Agreement to the Site. <br /> 82483.00 609175 7 1 3 1 2.10 �Q <br />