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<br />include, but are not limited to, the Comprehensive Environmental Response, Compensation and Liability
<br />Act, 42 U.S.C. Section 9601, et seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section
<br />6901, et seq., the Toxic Substance Control Act, 15 U.S.C. Section 2601, et seq., the Clean Water Act, 33
<br />U.S.C. Section 1251, et seq., the Emergency Planning and Community Right -to -Know Act of 1986, as
<br />amended, the Solid Waste Disposal Act, as amended, the Clean Air Act, as amended, the Safe Drinking
<br />Water Act, as amended, the Occupational Safety and Health Act, as amended, and the Hazardous
<br />Materials Transportation Act, 49 U.S.C. Section 5101, and their state analogs.
<br />(m) "Impositions" and "Imposition Deposits" are defined in Section 7(a).
<br />(n) "Improvements" means the buildings, structures, improvements, and alterations now
<br />constructed or at any time in the future constructed or placed upon the Land, including any future
<br />replacements and additions.
<br />(o) "Indebtedness" means the principal of, interest on, and all other amounts due at any
<br />time under, the Note, this Instrument or any other Loan Document, including late charges, default interest,
<br />and advances as provided in Section 12 to protect the security of this Instrument.
<br />(p) "Initial Owners" means, with respect to Borrower or any other entity, the persons or
<br />entities who on the date of the Note own in the aggregate 100% of the ownership interests in Borrower or
<br />that entity. If Borrower is a nonprofit corporation, "Initial Owners" means the persons or entities who on
<br />the date of the Note are the nonprofit corporation's members (or equivalent designation under the laws of
<br />the jurisdiction where Borrower's nonprofit corporation was formed).
<br />(q) "Land" means the land described in Exhibit A.
<br />(r) "Leases" means all present and future leases, subleases, licenses, concessions or
<br />grants or other possessory interests now or hereafter in force, whether oral or written, covering or
<br />affecting the Mortgaged Property, or any portion of the Mortgaged Property, and all modifications,
<br />extensions or renewals.
<br />(s) "Lender" means the entity identified as "Lender" in the first paragraph of this Instrument,
<br />or any subsequent holder of the Note.
<br />(t) "Loan Documents" means the Note, this Instrument, the Construction Loan Agreement,
<br />the Assignment, the Borrower Certificate, the Environmental Indemnity, all guaranties, all indemnity
<br />agreements, all Collateral Agreements, O &M Programs, and any other documents now or in the future
<br />executed by Borrower, any guarantor or any other person in connection with the loan evidenced by the
<br />Note, as such documents may be amended from time to time.
<br />(u) "Loan Servicer" means the entity that from time to time is designated by Lender to
<br />collect payments and deposits and receive notices under the Note, this Instrument and any other Loan
<br />Document, and otherwise to service the loan evidenced by the Note for the benefit of Lender. Unless
<br />Borrower receives notice to the contrary, the Loan Servicer is the entity identified as "Lender" in the first
<br />paragraph of this Instrument.
<br />(v) "Mortgaged Property" means all of Borrower's present and future right, title and interest
<br />in and to all of the following:
<br />(1)
<br />the Land;
<br />(2)
<br />the Improvements;
<br />(3)
<br />the Fixtures;
<br />(4)
<br />the Personalty;
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