Item 12 - Agreements for Habitat for Humanity of Orange County Affordable Ownership Units

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EXHIBIT 2 (u) "Regulatory Agreement" means the recorded affordability covenants required by Section 4.1 and in a form substantially similar to those attached hereto as Exhibit D. (v) "Scope of Work" means the detailed statement of the work, with a Schedule of Performance, to be performed by Developer on and to the Property for the Project pursuant to this Agreement which document is attached hereto as Exhibit B. (w) "Senior Lender" means a commercial or private financial institution providing the Senior Loan or any other holder of the Senior Loan Note. (x) "Senior Loan" means a loan from a Senior Lender for payment of a portion of the construction costs and is secured by a Senior Loan Deed of Trust, and shall include any subsequent loan that permanently refinances the initial Senior Loan. (y) "Senior Loan Deed of Trust" means a deed(s) of trust securing the Senior Loan by encumbering the Property and having priority over the City Deed of Trust to be recorded pursuant to the Regulatory Agreement. (z) "Senior Loan Documents" means, collectively, the loan agreement governing the Senior Loan, the Senior Loan Note, the Senior Loan Deed of Trust, and any other agreement, document or instrument that the Senior Lender requires in connection with the Senior Loan. 1.2 Singular and Plural Terms. Any defined term used in the plural in this Agreement shall refer to all members of the relevant class and any defined term used in the singular shall refer to any number of the members of the relevant class. 1.3 References and Other Terms. Any reference to this Agreement shall include such document both as originally executed and as it may from time to time be modified. References herein to Articles, Sections and Exhibits shall be construed as references to this Agreement unless a different document is named. References to subparagraphs shall be construed as references to the same Section in which the reference appears. The term "document" is used in its broadest sense and encompasses agreements, certificates, opinions, consents, instruments and other written material of every kind. The terms "including" and "include" mean "including (include) without limitation." 1.4 Exhibits Incorporated. All exhibits to this Agreement, as now existing and as the same may from time to time be modified, are incorporated herein by this reference. The exhibits attached hereto and incorporated herein include: Exhibit A — Legal Description Exhibit B — Project Description, Scope of Work, and Schedule of Performance Exhibit C — Project Budget Exhibit D — Regulatory Agreement 4 5 53 94.0010 1 \42414134.1