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<br />199386222v3
<br />“Governmental Lender Assignment” means that certain Assignment of Mortgage and Funding
<br />Loan Documents, dated as of June 1, 2026, from the Governmental Lender to the Fiscal Agent and
<br />acknowledged by the Borrower, as the same may be amended, modified or supplemented from time to time.
<br />“Governmental Lender Fee” means $__________ payable on the Closing Date.
<br />“Governmental Note” shall have the meaning given to such term in the recitals to this Funding
<br />Loan Agreement.
<br />“Guarantor” means, collectively, jointly and severally, the Guarantors identified on the Schedule
<br />of Financial Terms hereto, together with their respective heirs, executors, personal and legal representatives
<br />and permitted successors and assigns.
<br />“Guaranty of Completion” means the Guaranty of Completion, dated as of the date hereof made
<br />by the Guarantor in favor of the Funding Lender.
<br />“Guaranty of Debt Service and Stabilization” means the Guaranty of Debt Service and
<br />Stabilization dated as of the date hereof made by the Guarantor in favor of the Funding Lender.
<br />“Guaranty of Recourse Obligations” means the Guaranty of Recourse Obligations, dated as of
<br />the date hereof, made by the Guarantor in favor of the Funding Lender.
<br />“Hazardous Substances” means (a) petroleum or derivatives thereof or chemical products,
<br />whether in liquid, solid, or gaseous form, or any fraction or by-product thereof, (b) asbestos or
<br />asbestos-containing materials, (c) polychlorinated biphenyls (pcbs), (d) radon gas, (e) underground storage
<br />tanks, (f) any explosive or radioactive substances, (g) lead or lead-based paint, or (h) any other pollutant,
<br />contaminant, substance, material, waste or mixture which is or shall be listed, defined, or otherwise
<br />determined by any governmental authority to be hazardous, toxic, dangerous or otherwise regulated,
<br />controlled or giving rise to liability under any Environmental Laws, including but not limited to Mold,
<br />medical waste and other bio-hazardous materials and any chemicals, pollutants, contaminant, substance,
<br />material, waste or mixture defined as or included in the definition of “hazardous substances” as defined
<br />pursuant to the federal Comprehensive Environmental Response, Compensation and Liability Act,
<br />“regulated substances” within the meaning of subtitle I of the federal Resource Conservation and Recovery
<br />Act and words of similar import under applicable Environmental Laws.
<br />“HUD” means the United States Department of Housing and Urban Development.
<br />“Impositions” means, with respect to the Project Facilities, all taxes including, without limitation,
<br />all real and personal property taxes, water charges and sewer rents, any special assessments, charges or
<br />claims and any other item which at any time may be or become a lien upon the Project Facilities.
<br />“Improvements” means all buildings and other improvements included in the Project Facilities.
<br />“Indebtedness” means, collectively, and includes all present and future indebtedness, liabilities
<br />and obligations of any kind or nature whatsoever of the Borrower to the Governmental Lender, the
<br />Controlling Person, the Funding Lender or to the Noteowners from time to time, now existing and hereafter
<br />arising, under or in connection with this Funding Loan Agreement or any of the other Funding Loan
<br />Documents or any of the Subordinate Debt Documents, including future advances, principal, interest,
<br />indemnities, other fees, late charges, enforcement costs and other costs and expenses whether direct or
<br />contingent, matured or unmatured and all other obligations of the Borrower to the Controlling Person, the
<br />Funding Lender, the Governmental Lender or the Noteowners from time to time of the Governmental Note.
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