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(kk) Loan Agreement means that certain Affordable Housing Loan Agreement <br /> executed by and between Lessor(as lender) and Lessee (as borrower) dated as of the date of this <br /> Lease. <br /> (11) Loan Documents. All documents executed by Lessee evidencing or <br /> securing a Leasehold Mortgage. <br /> (mm) Management Agent: The Person designated from time to time as <br /> "Management Agent" of all or any portion of the Improvements under any management <br /> agreement entered into from time to time with Lessee. The initial Management Agent will be <br /> MidPen Property Management Corporation. <br /> (nn) Net Condemnation Award: The net amounts owed or paid to the Parties <br /> or to which either of the Parties may be or become entitled by reason of any Taking or pursuant <br /> to any agreement with any condemning authority which has been made in settlement of any <br /> proceeding relating to a Taking, less any costs and expenses incurred by the Parties in collecting <br /> such award or payment. <br /> (oo) Partnership: The limited partnership that is the Lessee. <br /> (pp) Party: Lessor or Lessee, as applicable. Lessor and Lessee shall be referred <br /> to collectively as the "Parties." <br /> (qq) Permitted Encumbrances: Permitted title encumbrances as defined in <br /> Section 9.1(a). <br /> (n) Person: An individual, partnership, corporation, public benefit <br /> corporation, trust, unincorporated association, or other entity or association. <br /> (ss) Phase I or the Project: The Improvements as defined above. <br /> (tt) Regulatory Agreement: That certain Affordable Housing Regulatory <br /> Agreement and Declaration of Restrictive Covenants to be executed by Lessor and Lessee and <br /> recorded concurrently with execution of this Lease. <br /> (uu) Rent: As described in Section 4.1 hereof. <br /> (vv) Senior Loan. That certain construction and permanent loan the original <br /> principal amount of[$24,789,000] to be provided by MUFG Union Bank, N.A. to Lessee. <br /> (ww) Taking: A taking during the Term hereof of all or any part of the Leased <br /> Premises and/or the Improvements, or any interest therein or right accruing thereto, as a result of <br /> the exercise of the right of condemnation or eminent domain materially affecting the Leased <br /> Premises or any part thereof. A conveyance in lieu of or in anticipation of the exercise of any <br /> such right of condemnation or eminent domain shall be considered a Taking. Any such Taking <br /> shall be deemed to have occurred upon the earlier to occur of(a)the date on which the property, <br /> right or interest so taken must be surrendered to the condemning authority, or(b) the date title <br /> vested in a condemning authority or other party pursuant to any Taking. <br /> 6 <br /> 191\52\1656915.8 <br /> OAK#4834-9609-1684 v8 <br />