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agency, board, bureau, commission, department, court, administrative tribunal or other
<br />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, including all
<br />substances and materials defined as hazardous or toxic wastes, substances or materials under any
<br />applicable law, including without limitation the Resource Conservation and Recovery Act, 42
<br />U.S.C. §§ 6901 et sec., and the Comprehensive Environmental Response, Compensation and
<br />Liability Act of 1980, 42 U.S.C. §§ 9601, et seq., as amended.
<br />"HOME Program" has the meaning set forth in Recital "A" above
<br />"HOME Regulations" has the meaning set forth in Recital "A" above.
<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, trees and
<br />plant materials; and offsite improvements (including, without limitation, streets, curbs, storm
<br />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 property or
<br />services in excess of $10,000 in the aggregate that is (i) deferred for more than six (6) months, or
<br />(ii) evidenced by a note or similar instrument, and ( d) all recourse and all non - recourse
<br />indebtedness secured by any Lien on any property or asset of such person (whether or not
<br />assumed by such person).
<br />"Indemnitees" has the meaning set forth in Section 14.5.
<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 agreement, any
<br />lease in the nature thereof, and any agreement to give any lien or security interest).
<br />"Loan Documents" means, collectively, this Agreement, the City Promissory
<br />Note, the City Deed of Trust, and the Affordability Restrictions on Transfer of Property, and any
<br />other agreement, document, or instrument that the City requires in connection with the execution
<br />of this Agreement or from time to time to effectuate the purposes of this Agreement.
<br />"Low Income" means an adjusted income which does not exceed eighty percent
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