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<br />4
<br />The Crossroads at Washington
<br />City HOME Loan Agreement
<br />
<br /> "Governmental Authority" means any governmental or quasi-governmental
<br />agency, board, bureau, commission, department, court, administrative tribunal or other
<br />instrumentality or authority, and any public utility.
<br />
<br />"Hazardous Materials" means any flammable materials, explosives, radioactive
<br />materials, hazardous wastes, toxic substances and similar substances and materials,
<br />including all substances and materials defined as hazardous or toxic wastes, substances or
<br />materials under any applicable law, including without limitation the Resource
<br />Conservation and Recovery Act, 42 U.S.C. §§ 6901 et seq., and the Comprehensive
<br />Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. §§ 9601, et
<br />seq., as amended including:
<br />
<br />(i) poses a hazard to the Project or to persons on the Project or
<br />(ii) causes the Project to be in violation of any Hazardous Substance Law;
<br />(iii) asbestos in any form;
<br />(iv) urea formaldehyde foam insulation;
<br />(v) transformers or other equipment that contain dielectric fluid containing
<br />levels of polychlorinated biphenyls;
<br />(vi) radon gas;
<br />(vii) any chemical, material, or substance defined as or included in the definition
<br />of “hazardous substance,” “hazardous substances,” “hazardous wastes,” “hazardous
<br />materials,” “extremely hazardous waste,” “restricted hazardous waste,” or “toxic
<br />substances” or words of similar import under any applicable local, state, or federal law or
<br />under the regulations adopted or publications promulgated pursuant to those laws,
<br />including, but not limited to, any Hazardous Substance Law, Code of Civil Procedure §
<br />564, as amended from time to time, Code of Civil Procedure § 726.5, as amended from
<br />time to time, Code of Civil Procedure §736, as amended from time to time, and Civil Code
<br />§ 2929.5, as amended from time to time;
<br />(viii) any other chemical, material, or substance, exposure to which is prohibited,
<br />limited, or regulated by any governmental authority or which may pose a hazard to the
<br />health and safety of the occupants of the Project or the owners or occupants of property
<br />adjacent to or surrounding the Project, or any other person coming on the Project or any
<br />adjacent property; and
<br />(ix) any other chemical, material, or substance that may pose a hazard to the
<br />environment flammable materials, explosives, radioactive materials, hazardous wastes,
<br />toxic substances and similar substances and materials, including all substances and
<br />materials defined as hazardous or toxic wastes, substances or materials under any
<br />applicable law, including, without limitation the Resource Conservation and Recovery Act,
<br />42 U.S.C. Section 6901 et. seq., as amended.
<br />
<br />The term Hazardous Substance shall not include materials or
<br />substances commonly used in the construction and operation of an
<br />apartment complex in accordance with applicable Hazardous
<br />Substance Law.
<br />
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<br />EXHIBIT 5
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