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<br />assure the completion of repairs or improvements specified in that agreement, or assuring reduction of
<br />the outstanding principal balance of the Indebtedness if the occupancy of or income from the Mortgaged
<br />Property does not increase to a level specified in that agreement, or any other agreement or agreements
<br />between Borrower and Lender which provide for the establishment of any other fund, reserve or account.
<br />(e) "Controlling Entity" means an entity which owns, directly or indirectly through one or
<br />more intermediaries, (A) a general partnership interest or more than 50% of the limited partnership
<br />interests in Borrower (if Borrower is a partnership or joint venture), (B) a manager's interest in Borrower or
<br />more than 50% of the ownership or membership interests in Borrower (if Borrower is a limited liability
<br />company), or (C) more than 50% of any class of voting stock of Borrower (if Borrower is a corporation). If
<br />Borrower is a nonprofit corporation, "Controlling Entity" means an entity that is one of the nonprofit
<br />corporation's members (or equivalent designation under the laws of the jurisdiction where Borrower's
<br />nonprofit corporation was formed) or that otherwise controls or shares control of Borrower.
<br />(f) "Environmental Indemnity" means that certain Environmental Indemnity Agreement
<br />dated the same date as this Instrument, executed by Borrower, as Indemnitor, in favor of Lender, as
<br />Indemnitee.
<br />(g) "Environmental Permit" means any permit, license, or other authorization issued under
<br />any Hazardous Materials Law with respect to any activities or businesses conducted on or in relation to
<br />the Mortgaged Property.
<br />(h) "Event of Default" means the occurrence of any event listed in Section 22.
<br />(i) "Fixtures" means all property which is so attached to the Land or the Improvements as to
<br />constitute a fixture under applicable law, including: machinery, equipment, engines, boilers, incinerators,
<br />installed building materials; systems and equipment for the purpose of supplying or distributing heating,
<br />cooling, electricity, gas, water, air, or light; antennas, cable, wiring and conduits used in connection with
<br />radio, television, security, fire prevention, or fire detection or otherwise used to carry electronic signals;
<br />telephone systems and equipment; elevators and related machinery and equipment; fire detection,
<br />prevention and extinguishing systems and apparatus; security and access control systems and
<br />apparatus; plumbing systems; water heaters, ranges, stoves, microwave ovens, refrigerators,
<br />dishwashers, garbage disposers, washers, dryers and other appliances; light fixtures, awnings, storm
<br />windows and storm doors; pictures, screens, blinds, shades, curtains and curtain rods; mirrors; cabinets,
<br />paneling, rugs and floor and wall coverings; fences, trees and plants; swimming pools; and exercise
<br />equipment.
<br />Q) "Governmental Authority" means any board, commission, department or body of any
<br />municipal, county, state or federal governmental unit, or any subdivision of any of them, that has or
<br />acquires jurisdiction over the Mortgaged Property or the use, operation or improvement of the Mortgaged
<br />Property.
<br />(k) "Hazardous Materials" means petroleum and petroleum products and compounds
<br />containing them, including gasoline, diesel fuel and oil; explosives; flammable materials; radioactive
<br />materials; polychlorinated biphenyls ("PCBs ") and compounds containing them; lead and lead -based
<br />paint; asbestos or asbestos - containing materials in any form that is or could become friable; underground
<br />or above - ground storage tanks, whether empty or containing any substance; any substance the presence
<br />of which on the Mortgaged Property is prohibited by any federal, state or local authority; any substance
<br />that requires special handling; and any other material or substance now or in the future defined as a
<br />"hazardous substance," "hazardous material," "hazardous waste," "toxic substance," "toxic pollutant,"
<br />"contaminant," or "pollutant" within the meaning of any Hazardous Materials Law.
<br />(1) "Hazardous Materials Laws" means all federal, state, and local laws, ordinances and
<br />regulations and standards, rules, policies and other governmental requirements, administrative rulings
<br />and court judgments and decrees in effect now or in the future and including all amendments, that relate
<br />to Hazardous Materials and apply to Borrower or to the Mortgaged Property. Hazardous Materials Laws
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