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been notified; (b) the property owner is 90 days or more delinquent on tax payments;
<br />(c) under state, local, or tribal law, foreclosure proceedings have been initiated or
<br />completed; or (d) foreclosure proceedings have been completed and title has been
<br />transferred to an intermediary aggregator or servicer that is not an NSP grantee,
<br />contractor, subrecipient, developer, or end user.
<br />"Governmental Authority" means any governmental or quasi governmental
<br />agency, board, bureau, commission, department, court, administrative tribunal or
<br />other instrumentality or authority, and any public utility.
<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,
<br />substances or materials under any applicable law, including without limitation the
<br />Resource Conservation and Recovery Act, 42 U.S.C. §§ 6901 et sec, and the
<br />Comprehensive Environmental Response, Compensation and Liability Act of 1980,
<br />42 U.S.C. §§ 9601, et seq., as amended.
<br />"HOME" means the HOME Investment Partnership Program (the "HOME
<br />Program") (42 U.S.C. §12701, et seq.,) to be used in accordance with applicable
<br />statutory requirements and regulations (the "HOME Regulations") (24 CFR Part 92).
<br />"HUD" means the United States Department of Housing and Urban Development
<br />and any successors or assigns thereof.
<br />"Improvements" means all improvements and fixtures now and hereafter
<br />comprising any portion of the Property, including, without limitation, landscaping,
<br />trees and plant materials; and offsite improvements (including, without limitation,
<br />streets, curbs, storm drains, and adjacent street lighting).
<br />"Indebtedness" of a person means (a) all indebtedness for borrowed money,
<br />(b) notes payable and drafts accepted representing extensions of credit, whether or not
<br />representing obligations for borrowed money, (c) any obligation for the purchase of
<br />property or services in excess of $10,000 in the aggregate that is (i) deferred for more
<br />than six (6) months, or (ii) evidenced by a note or similar instrument, and (d) all
<br />recourse and all non-recourse indebtedness secured by any Lien on any property or
<br />asset of such person (whether or not assumed by such person).
<br />"Indemnitees" has the meaning set forth in Section 18.2. .
<br />"Laws" means all statutes, laws, ordinances, regulations, orders, writs,
<br />judgments, injunctions, decrees or awards of the United States or any state, county,
<br />municipality or other Governmental Authority.
<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 />48
<br />80A-104
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