West Orange Township_Fourth Round HEFSP_Final Draft

Section 33. Expenses Due to Default. All expenses (including reasonable attomeys’ fees and costs and allowances) incurred in connection with an action to foreclose the Mortgage or in exercising any other remedy provided by the Mortgage or this Agreement or the other Loan Docurnents, including the curing of any Event of Default, shall be paid by the Owner, together with interest at the then current rate being received by the Agency on its investments as determined in good faith by the Agency. Any such sum or sums and the interest thereon shall be a further lien on the Project, Land and Improvements, and shall be secured by this Agreement and the Mortgage. Section 34. Burden and Benefit. The Agency and the Owner hereby declare their understanding and intent that the burden of the covenants sct forth herein touch and concern the Land in that the Owner's legal interest in the Land and the Project is rendered Jess valuable thereby. The Agency and the Owner hereby further declare their understanding and intent that the benefit of such covenants touch and concem the Land by enhancing and increasing the enjoyment and use of the Land and part of the Project as housing for persons with developmental disabilities. Section 35. Uniformity: Common Plan. The covenants, reservations and restrictions hereof shall apply uniformly to the entire Project and Land. Section 36. Remedies; Enforceability. ‘Ihe provisions hereof are imposed upon and made applicable to the Land and shall run with the Land and shail be cnforccable against the Owner or any other person or entity that has or had an ownership interest in the Project at the time of such violation or attempted violation. No delay in enforcing the provisions hercof as to any breach or violation shall impair, damage or waive the right of any party entitled to enforce the provisions hereof or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation hereof at any later time or times. Section 37. Amendments; Notices; Waivers. This Agreement and the Mortgage may be amended only by an instrument in writing executed and acknowledged on behalf of the Agency and the Owner in such manner that the instrument may be recorded. No waiver by the Agency in any particular instance of any Event of Default or required performance by the Owner and no course of

ency and the Owner in such manner that the instrument may be recorded. No waiver by the Agency in any particular instance of any Event of Default or required performance by the Owner and no course of conduct of the parties or failure by the Agency to enforce or insist upon performance of any of the obligations of the Owner under this Agreement, the Mortgage. or under the other Loan Documents at any time shall preclude enforcement of any of the terms of this Agreement, the Mortgage, the Note, or the other Loan documents thereafter. Any provisions of this Agreement, the Mortgage or other Loan Documents requiring the consent of approval of the Agency for the taking of any action or the omission of any action requires such consent by the Agency in writing signed by a duly authorized officer of the Agency. Any such consent or approval, unless it expressly states otherwise, is limited to the particular action or omission referred to therein and does not apply to subsequent similar actions or omissions. Notice provided for under this Agreement shall be giver in writing signed by a duly authorized officer and any notice required to be given hereunder shall be given by recognized private carrier with acknowledgment of delivery or by confirmed facsimile, with a hard copy sent by 19