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7.1.F. - Page 68
<br /> 1.37. "Eligible Mortgages": Mortgages held by "Eligible Mortgage Holders."
<br /> 1.38. "Eligible Mortgage Holder": A holder, insurer, or guarantor of a First Mortgage on
<br /> a Unit which has requested timely written notices from the Association, in a written request that
<br /> includes the name and address of the Eligible Mortgage Holder, and the Unit number.
<br /> 1.39. "Eligible Insurer or Guarantor": An insurer or governmental guarantor of a First
<br /> Mortgage.
<br /> 1.40. "Exclusive Use Common Area": Those portions of the Common Area set aside for
<br /> exclusive use of an Owner pursuant to Sections 2.2.E, 2.4 and 2.5 and shall constitute "Exclusive
<br /> Use Common Area" within the meaning of Civil Code Section 4145.
<br /> 1.41. "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 /> 1.42. "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 /> 1.43. "Foreclosure": The legal process by which a Condominium owned by an Owner
<br /> who is in default under a Mortgage is sold pursuant to Civil Code § 2924a et seq. or sale by the
<br /> Court pursuant to California Code of Civil Procedure § 725a et seq. and any other applicable laws.
<br /> 1.44. "Garage": Those portions of the Association Common Area of the Project shown on
<br /> the Condominium Plan as the Garage located within those areas located within the basement and
<br /> the first and second levels of the Podium.
<br /> 1.45. "Garage Expenses": Those items of Common Expenses identified as Garage
<br /> Expenses in Section 4.5.D.
<br /> 1.46. "General Assessment Share": Each Unit's share of General Use Common
<br /> Expenses as set forth in Exhibit "A".
<br /> 1.47. "General Use Common Expenses": Those items identified as General Use
<br /> Common Expenses in Section 4.5.B.
<br /> 1.48. "Governing Documents": This Declaration, as amended from time to time, the
<br /> exhibits, if any, that are attached to the Declaration, together with the other basic documents used
<br /> to create and govern the Project, including the Map, the Articles, the Bylaws, the Condominium
<br /> Plan and the Rules, and any Design Guidelines adopted by the Board, the Architectural Control
<br /> Committee, or the Association.
<br /> 1.49. "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 any fraction thereof,
<br /> natural gas, natural gas liquefied, methane gas, natural gas, or synthetic fuels, (viii) materials
<br /> defined as hazardous or extremely hazardous pursuant to the California Code of Regulations; (ix)
<br /> pesticides, herbicides and fungicides; (x) polychlorinated biphenyls; (xi) defined as a "Hazardous
<br /> Substance" pursuant to Section 311 of the Federal Water Pollution Control Act (33 U.S.C. Section
<br /> 1251 et seq.); (xii) defined as a "Hazardous Waste" pursuant to Section 1004 of the Federal
<br /> Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et. seq.; (xiii) defined as a
<br /> "Hazardous Substance" or "Mixed Waste" pursuant to Section 101 of the Comprehensive
<br /> Environmental Response Compensation and Liability Act, 42 U.S.C. Section 9601 et seq., and
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