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• (1) City Loan derived from inclusionary fees received by the City pursuant to Chapter 17.44 of the City Municipal Code in the amount of Two Million Four Hundred Ninety Thousand Dollars ($2,490,000) ( "Other City Loan "); (ii) City tax exempt installment sales financing in the approximate amount of Nineteen Million Seven Hundred Thousand Dollars ($19,700,000) (the "Bond Loan "); and • (iii) Such other loans as are approved in writing by the City. (c) "Bond Trustee" shall mean the trustee appointed pursuant to the Trust Agreement with respect to the Bond Loan. (d) "Borrower" shall mean BLP Partnership, Inc., a California nonprofit public benefit corporation. (e) "CaIIIFA" shall mean the California Housing Finance Agency. (f) "CaIIIFA Loan Agreement" shall mean that certain loan agreement dated as of September 8, 2005, executed by and between CaIHFA and the City pursuant to which CaIHFA committed to making a loan of HELP funds to the City. (g) "City" shall mean the City of Pleasanton, a California municipal corporation. (h) "Deed of Trust" shall mean the deed of trust that will encumber the Project to secure repayment of the Loan. (i) "Default" shall have the meaning set forth in Section 5.1 below. (j) "Hazardous Materials" shall mean the following: hazardous substance, hazardous waste, infectious waste, or hazardous material as defined in any federal, state or local statute, ordinance, regulation, or rule applicable to the Property, including the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. Section 9601 et seg.) or Sections 25280 et se q., 25310 et Leg., 25110 et sec ., or 25500 et seg. of the California Health and Safety Code at such time; any other waste, substance or material designated or regulated in any way as "toxic" or "hazardous" in the Resource Conservation and Recovery Act (42 U.S.C. Section 6901 et Leg.), Federal Water Pollution Control Act (33 U.S.C. Section 1251 et sea.), Safe Drinking Water Act (42 U.S.C. Section 300f et sec .), Toxic Substances Control Act (15 U.S.C. Section 2601 et seg.), Clean Air Act (42 U.S.C. Section 7401 et seg.), California Health and Safety Code (Section 25100 et sue.), or Califomia Water Code (Section 13000 et seg.) at such time; and any additional wastes, substances or material which at such time are classified, considered or regulated as hazardous or toxic under any other present or future environmental or other similar laws relating to the Property, including asbestos, asbestos - containing materials, radon gas, oil or any fraction thereof of petroleum products, but excluding any substances or materials used in the construction, development, maintenance or operation of the Project, so long as the same are used in accordance with all applicable laws. HELP Loan 2 144 \105\272256.4