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of a security interest in real property with respect to an individual dwelling or building <br /> containing fewer than five dwelling units, nor does it include the purchase of a lot or lots to <br /> construct a dwelling for occupancy by a purchaser, but a commercial real estate transaction <br /> does include real property purchased or leased by persons or entities in the business of building <br /> or developing dwelling units. <br /> due diligence - the process of inquiring into the environmental characteristics of a parcel of <br /> commercial real estate or other conditions, usually in connection with a commercial real estate <br /> conditions, usually in connection with a commercial real estate transactions. The degree and <br /> kind of due diligence vary for different properties and differing purposes. <br /> environmental audit - the investigative process to determine if the operations of an existing <br /> facility area in compliance with applicable environmental laws and regulations. This term <br /> should not be used to describe Practice E 1528 or this practice, although an environmental <br /> audit may include an environmental site assessment or, if prior audits are available, may be part <br /> of an environmental site assessment. <br /> environmental professional - a person possessing sufficient training and experience necessary <br /> to conduct a site reconnaissance, interviews, and other activities in accordance with this <br /> practice, and from the information generated by such activities, having the ability to develop <br /> conclusions regarding recognized environmental conditions in connection with the property in <br /> question. An individual's status as an environmental professional may be limited to the type of <br /> assessment to be performed or to specific segments of the assessment for which the <br /> professional is responsible. The person may be an independent contractor or an employee of <br /> the user. <br /> environmental site assessment (ESA) - the process by which a person or entity seeks to <br /> determine if a particular parcel or real property (including improvements) is subject to <br /> recognized environmental conditions. At the option of the user, an environmental site <br /> assessment may include more inquiry than that constituting appropriate inquiry or, if the user <br /> is not concerned about qualifying the innocent landowner defense, less inquiry than that <br /> constituting appropriate inquiry. See Appendix X1. An environmental site assessment is both <br /> different from the less rigorous than an environmental audit. <br /> fill dirt - dirt, soil, sand, or other earth, that is obtained off-site, that is used to fill holes or <br /> depressions, crease mounds, or otherwise artificially change the grade or elevation or real <br /> property. It does not include material that is used in limited quantities for normal landscaping <br /> activities. <br /> hazardous waste%ontaminated sites- sites on which a release has occurred, or is suspected to <br /> have occurred, of any hazardous substance, hazardous waste, or petroleum products, and that <br /> release or suspected release has been reported to a government entity. <br /> B&v Project 62041.100 Appendix A <br /> NA6204 I Thase-Ldoc(1/27/99) 7 <br />