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"Event of Default" has the meaning set forth in Section 8.1. <br />"Foreclosed" As defined by HUD for the purposes of NSP means "A home or <br />residential property has been foreclosed upon if any of the following conditions apply" (a) The <br />property's current delinquency status is at least 60 days delinquent under the Mortgage Bankers <br />of America delinquency calculation and the owner has been notified; (b) the property owner is <br />90 days or more delinquent on tax payments; (c) under state, local, or tribal law, foreclosure <br />proceedings have been initiated or completed; or (d) foreclosure proceedings have been <br />completed and title has been transferred to an intermediary aggregator or servicer that is not an <br />NSP grantee, 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 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" means the HOME Investment Partnership Program (the "HOME <br />Program ") (42 U.S.C. §12701, et seq.,) to be used in accordance with applicable statutory <br />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, 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 this definition is <br />actually 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 />5 <br />1076A53 \1389382.1 <br />