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815 N. HARBOR, L.P. (HOME INVESTMENT PARTNERSHIP PROGRAM FUNDS) 2-2015
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815 N. HARBOR, L.P. (HOME INVESTMENT PARTNERSHIP PROGRAM FUNDS) 2-2015
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8/24/2015 11:03:28 AM
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8/19/2015 2:54:59 PM
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Company Name
815 N. HARBOR, L.P. (HOME INVESTMENT PARTNERSHIP PROGRAM FUNDS)
Contract #
A-2015-029
Agency
COMMUNITY DEVELOPMENT
Council Approval Date
2/17/2015
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"Indebtedness" of a person means (a) all indebtedness for borrowed <br />money, (b) notes payable and drafts accepted representing extensions of credit, whether <br />or not representing obligations for borrowed money, (c) any obligation for the purchase <br />of 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 recourse <br />and all non - recourse indebtedness secured by any Lien on any property or asset of such <br />person (whether or not assumed by such person). <br />"Indemnitees" has the meaning set forth in Section 12.5. <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 <br />agreement, any lease in the nature thereof, and any agreement to give any lien or security <br />interest). <br />"Limited Partner" means the Limited Partners of Developer, C &C and <br />its successors and assigns. <br />"Loan Documents" means, collectively, this Agreement, the City /HOME <br />Loan Note, the City /HOME Deed of Trust, the Affordability Restrictions on Transfer of <br />Property, and any other agreement, document, or instrument that the City requires in <br />connection with the execution of this Agreement or from time to time to effectuate the <br />purposes of this Agreement. <br />"Low Income" means an adjusted income which does not exceed eighty <br />percent (80 %) of the Orange County, California PMSA, adjusted for household size, as <br />published by HUD. <br />"Median Income for the Area" means the median income for the Orange <br />County, California PMSA as most recently determined by HUD. Also may be referred to <br />interchangeably in the Loan Documents as "Area Median Income" or "AMP'. <br />"Partnership Agreement" means the Agreement of Limited Partnership <br />of 815 N. Harbor, LP dated August 30, 2013. <br />"Permitted Encumbrances for the Affordable Housing Restrictions" <br />means, collectively, the Senior Loan Deed of Trust and all other title exceptions and <br />limitations with respect to the Property hereafter approved by the Executive Director in <br />writing. <br />"Permitted Encumbrances for the City Loan Deed of Trust" means <br />collectively, the Senior Loan Deed of Trust and all other title exceptions and limitations <br />with respect to the Property hereafter approved by the Executive Director in writing. <br />
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