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<br />1.17. "First Lender": Any bank, savings and loan association, insurance company, or other
<br />financial institution holding a recorded First Mortgage on any condominium .
<br />
<br />1.18. "First Mortgage" : Any Mortgage recorded in the County made in good faith and for
<br />value on a Condominium with first priority over other Mortgages encumbering the Condominium.
<br />
<br />1.19. "Foreclosure": The legal process by which a Condominium owned by an Owner who is in
<br />default under a Mortgage is sold pursuant to Civil Code § 2924a et seq. or sale by the Court pursuant
<br />to Code of Civil Procedure § 725a et seq. and any other applicable laws .
<br />
<br />1.20. "Governing Documents" : This Declaration, as amended from time to time , the exhibits, if
<br />any, that are attached to the Declaration, together with the other basic documents used to create and govern
<br />the Project, including the Map, the Articles, the Bylaws, the Condominium Plan and the Rules, and any
<br />Design Guidelines adopted by the Board or the Association.
<br />
<br />1.21. "Hazardous Materials": Any substance, material or waste which is or becomes: (i) regulated
<br />by any local or regional Governmental authority of the State of California or the United States Government
<br />as a hazardous waste; (ii) is defined as a "solid waste," "sludge," "hazardous waste," "extremely hazardous
<br />waste," "restricted hazardous waste," "non-RCRA hazardous waste," "RCRA hazardous waste," or
<br />"recyclable material," under any federal, state or local statute, regulation, or ordinance, inc luding, without
<br />limitation, Sections 25115, 25117, 25117.9, 25120.2, 25120.5 or 25122.7, 25140, 25141 of the Health and
<br />Safety Code; (iii) defined as a "Hazardous Substance" under Section 25316 of the Health and Safety Code;
<br />(iv) defined as a "Hazardous Material," "Hazardous Substance" or "Hazardous Waste" under Section 25501
<br />of the Health and Safety Code; (v) defined as a "Hazardous Substance" under Section 25281 of the Health
<br />and Safety Code; (vi) asbestos; (vii) petroleum products, including, without limitation, petroleum, gasoline,
<br />used oil, crude oil, waste oil, and any fraction thereof, natural gas, natural gas liquefied, methane gas,
<br />natural gas, or synthetic fuels, (viii) materials defined as hazardous or extremely hazardous pursuant to the
<br />California Code of Regulations; (ix) pesticides, herbicides and fungicides; (x) polychlorinated biphenyls;
<br />(xi) defined as a "Hazardous Substance" pursuant to Section 311 of the Federal Water Pollution Control Act
<br />(33 U.S.C. Section 1251 et seq.); (xii) defined as a "Hazardous Waste" pursuant to Section 1004 of the
<br />Federal Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et. seq.; (xiii) defined as a
<br />"Hazardous Substance" or "Mixed Waste" pursuant to Section 101 of the Comprehensive Environmental
<br />Response Compensation and Liability Act, 42 U.S.C. Section 9601 et seq., and regulations promulgated
<br />thereunder; (xiv) defined as a "Hazardous Substance") pursuant to Section 40L1 5 of the Clean Water Act,
<br />40 C.F.R. 116; (xv) defined as an "Extremely Hazardous Substance" pursuant to Section 302 of the
<br />Superfund Amendments and Reauthorizations Act of 1986, 42 U.S.C. Section 11002 et seq.; or (xvi)
<br />defined as "medical waste" pursuant to Section 25023.2 of the Health and Safety Code, Chapter 6.1
<br />(Medical Waste Management Act).
<br />
<br />1.22. "Majority of the Voting Power": The vote of the Members representing four (4) of the six
<br />(6) Units in the Project.
<br />
<br />1.23. "Map": That Tract Map described in Introductory Paragraph A, above.
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<br />1.24. "Member": A person entitled to membership in the Association as provided herein.
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<br />1.25. "Mortgage": A deed of trust as well as a mortgage.
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<br />1.26. "Mortgagee": A beneficiary or a holder of a deed of trust as well as a mortgagee.
<br />
<br />1.27. "Mortgagor": The trustor of a deed of trust as well as a mortgagor.
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<br />1.28. "Occupant": A Person who occupies a Unit as an Owner, tenant or invitee of an
<br />Owner, including, without limitation, a tenant or guest, invitee, renter, lessee, family member, or relative.
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