TINY TIM LP (C/O COMMUNITY DEVELOPMENT PARTNERS) (2)

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"HUD" means the United States (U.S.) Department of Housing and Urban Development, and any successors or assigns thereof. "Improvements" means all improvements and fixtures now and hereafter comprising any portion of the Property, including, without limitation, landscaping, trees and plant materials; and offsite improvements, as required through the City of Santa Ana Planning and Building Agency entitlement process. "Inclusionary Deed of Trust" means the deed of trust encumbering the Property, in the form attached hereto as Exhibit C, to be executed by Developer pursuant to Section 5.13.1 in order to secure the Inclusionary Loan Note. "Inclusionary Loan" or "Inclusionary City Loan" means a loan in the original principal amount of up to one -million, three -hundred thousand dollars ($1,300,000) to be made to Developer by the City to be funded exclusively from the Inclusionary Housing Fund. "Inclusionary Promissory Note" means that certain promissory note for Inclusionary Loan funds in the original principal amount of $1,300,000 in the form attached hereto as Exhibit D, and to be executed by Developer in favor of City to evidence the obligation of Developer to repay the Inclusionary Loan through residual receipts as further described in the Inclusionary Promissory Note. "Indemnitees" has the meaning set forth in Section 14.5. "Investor Limited Partner" means R4 TTCA Acquisition LLC, or its permitted successors or assigns. "Laws" means all statutes, laws, ordinances, regulations, orders, writs, judgments, injunctions, decrees or awards of the United States or any state, county, municipality or other Governmental Authority. "Lien" means any lien, mortgage, pledge, security interest, charge or encumbrance of any kind, including any conditional sale or other title retention agreement, any lease in the nature thereof, and any agreement to give any lien or security interest. "Loan Documents" or "Inclusionary Loan Documents" means, collectively, this Agreement, the Inclusionary Promissory Note, the Inclusionary Deed of Trust, and the Affordability Restrictions on Transfer of Property, and any other agreement, document, or instrument that the City reasonably requires in connection with the execution of this Agreement or from time to time to effectuate the purposes of this Agreement. "Low Income" means an adjusted income which does not exceed eighty percent (80%) of the Median Income for the Area, adjusted for household size, as published by the U.S. Department of Housing and Urban Development (HUD).