07 120312 SA HA WASHINGTON Pl BLA - Attach 3

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Borrower on each June 1 and December 1, commencing on the Closing Date, so long as any portion of the Borrower Loan is outstanding. "Other Borrower 1Vloneys" shall mean monies of Borrower other than Borrower Loan Proceeds and includes, but is not limited to, the Subordinate Debt, the Borrower's Equity Contributions and any other funds contributed by Borrower for application to the Costs of the Improvements or other costs associated with the Project. "Other Charges" shall mean all maintenance charges, impositions other than Taxes, and any other charges, including vault charges and license fees for the use of vaults, chutes and similar areas adjoining the Project, now or hereafter levied or assessed or imposed against the Project or any part thereof. "Outside Conversion Date" shall have the meaning set forth in the Construction Funding Agreement. "Partnership Agreement" shall mean that certain Second Amended and Restated Agreement of Limited Partnership of the Borrower dated as of December _, 2012, as the same may be amended, restated or modified in accordance with its terms. "Patriot Act" shall mean the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT ACT) of 2001, as the same may be amended from time to time, and corresponding provisions of future laws. "Patriot Act Offense" shall have the meaning set forth in Section 4.1.48 hereof. "Payment Obligations" shall mean all obligations of Borrower for the payment of money to the Goverlunental Lender or to any other person under the Borrower Notes, this Borrower Loan Agreement or under any other Borrower Loan Document. "Permanent Period" shall mean the period of time from the Conversion Date to the Maturity Date (as defined in the Funding Loan Agreement). "Permanent Period Amount" shall mean the principal amount of the Borrower Loan following the calculation provided for in the Construction Funding Agreement. "Permitted Encumbrances" shall have the meaning given to that term in the Security Instrument. "Permitted Lease" shall mean a lease and occupancy agreement pursuant to the form approved by Funding Lender, to a residential tenant in compliance with the Legal Requirements, providing for an initial term of not less than six (6) months nor more than two (2) years. "Person" shall mean a natural person, a partnership, a joint venture, an unincorporated association, a limited liability company, a corporation, a trust, any other legal entity, or any Governmental Authority. "Plan" shall mean (i) an employee benefit or other plan established or maintained by the Borrower or any ERISA Affiliate or to which the Borrower or any ERISA Affiliate makes or is obligated to make contributions and (ii) which is covered by Title IV of ERISA or Section 302 of ERISA or Section 412 of the Code. C:1Use1~s1tadlDesktoplSanta Ana HA Washington Place 13 BLA.doc DRAFT 11/28/12 8:41AM