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(a) The property's current delinquency status is at least 60 days delinquent under the <br />Mortgage Bankers of America delinquency calculation and the owner has been notified; <br />(b) the property owner is 90 days or more delinquent on tax payments; (c) under state, <br />local, or tribal law, foreclosure proceedings have been initiated or completed; or (d) <br />foreclosure proceedings have been completed and title has been transferred to an <br />intermediary aggregator or servicer that is not an NSP grantee, contractor, subrecipient, <br />developer, or end user. <br />"Hazardous Materials" means 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 seg., and the Comprehensive <br />Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. §§ 9601, et <br />seq., as amended. <br />"Homebuyer" shall be the qualified low, moderate, and/or middle income <br />household that originally purchases the NSP Assisted Unit from the Developer. <br />"Homebuyer Deed of Trust" means the deed of trust encumbering the NSP <br />Assisted Unit, in the form attached hereto as Exhibit C to be executed by the Homebuyer <br />at the time of sale. <br />"Housing Rehabilitation Standards" NSP funded activities will adhere to the <br />Housing Rehab Standards (attached hereto and incorporated herein as Exhibit D). This <br />standard exceeds the HUD Housing Quality Standards. The Standards shall correct <br />housing deficiencies and address items deemed essential for basic health, safety, and <br />welfare. All work shall meet the Uniform Building Code (UBC), Uniform Plumbing <br />Code (UPC), Uniform Mechanical Code (UMC), National Electric Code (NEC) as <br />amended periodically. <br />"HUD" means the United States Department of Housing and Urban Development <br />and any successors or assigns thereof. <br />"Lien" means any lien, mortgage, pledge, security interest, charge or <br />encumbrance of any kind (including any conditional sale or other title retention <br />agreement, any lease in the nature thereof, and any agreement to give any lien or security <br />interest). <br />"Low Income" means an adjusted income which does not exceed fifty percent <br />(50%) of the Orange County, California PMSA, adjusted for household size, as published <br />by HUD. This income limit will be used to determine the Homebuyer's maximum <br />income for eligibility to purchase a Low Income Unit. <br />3