Draft_October 2025_West Orange_HEFSP_with Appendices

Section 33. Expenses Due to Default. All expenses (including reasonable attorneys’ 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 Documents, 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 set forth herein touch and concern the Land in that the Owner's legal interest in the Land and the Project is rendered less 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; Commen Plan. The covenants, reservations and restrictions hereof shall apply uniformly to the entire Project and Land. Section 36, Remedies; Enforceability. ‘he provisions hereof are imposed upon and made applicable to the Land and shall run with the Land and shall be cnforecabic against the Owner or any other person or entity that has or had an ownegship i imerest 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 tor 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 shat the instrument may be recorded, No waiver by the Agency in any particular instance of any Event of Default or required performance by the Qwner und no course of

ency and the Owner in such manner shat the instrument may be recorded, No waiver by the Agency in any particular instance of any Event of Default or required performance by the Qwner und 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 ot 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 or approval of the Agency for the taking of any action or the omission of any action rcquires 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 tor under this Agreement shall be given in writing signed by a duly authonized 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