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ATTACHMENT A <br />documents, including regulatory agreements, use agreements, security agreements, fixture <br />filings, and financing statements required of the Lessee) which are given by the Lessee. <br /> <br />(t) "Parties" shall mean the Lessor and the Lessee collectively. <br /> <br />(u) "Party" shall mean the Lessor or the Lessee individually. <br /> <br /> (v) "Primary Resident" shall mean (a) a person who is sixty-two (62) years of <br />age or older and eligible for the Project under state and federal laws related to Assisted Living <br />facilities; or (b) any other person required by state or federal laws related to Assisted Living <br />facilities to be eligible for the Project. <br /> <br /> (w) "Project" shall mean the Improvements and the Lessee's leasehold interest <br />in the Land. <br /> <br /> (x) "Residents" shall mean the residents who are authorized by Lessee to <br />occupy the Improvements. <br /> <br /> (y) "Secondary Resident" shall mean a Qualified Permanent Resident, as <br />defined in Section 51.3 of the Civil Code, or a Permitted Health Care Resident, as defined in <br />Section 51.3 of the Civil Code. <br /> <br /> (z) "Surplus Cash" shall mean an amount equal to the difference between the <br />total annual cash receipts from all Project based revenues including rents and other Resident <br />charges, project grants and miscellaneous revenues such as application fees or laundry income, <br />less all Project based operating expenses including required annual debt service due on any <br />Loans, other permanent debt, any deposits to reserve accounts required by the Lenders, and any <br />additional payments required by the Lenders. <br /> <br /> (aa) "Very Low Income Residents" shall mean Primary Residents or Secondary <br />Residents whose household incomes that do not exceed fifty percent (50%) of area median <br />income, adjusted for household size, as defined by HUD. <br /> <br />ARTICLE 2: I FARF OF TIqF I ANID~ RFNTAI PROVIRION!R' TAXER AND <br /> <br /> 2.1 I ease c~fthe l .and <br /> <br /> For and in consideration of the covenants and agreements to be kept and performed by the <br />Lessee and the Lessor, the Lessor leases the Land to the Lessee, and the Lessee does take, him and <br />lease the Land from the Lessor pursuant to the terms of this Lease. <br /> <br /> 4 <br />144\105\153233.13 <br /> <br /> <br />