West Orange Fourth Round HEFSP_adopted 111025_Appendices

is deemed to have been irrevocably appointed by the Owner), and apply the same at the Agency's option either to the operation and maintenance of the Project or to the liabilities of the Owner under the Mortgage; (h) act as landlord of the Project and rent or lease the same on any terms approved by it, or dispossess by summary proceedings or other available means any tenant defaulting under the terms of the lease of a dwelling unit; (i) take possession of equipment, appliances or other tangibie personal property in which a security interest has been granted by this Agreement or the Mortgage and dispose of the same in any commercially reasonable manner. The Agency shall have the op' dispose of any such equipment and personal property either separately from the Project a: or in conjunction with a sale of the Project and Land, and the Owner agrees that eith disposition shall be commercially reasonable; y the Owner to the Agency, in to exercise any and all rights of the the Agency to proceed with the s by the Owner made with respect to the ‘he Loan; (j) make effective an assignment of the Architect’ which event the Agency is specifically empowered by the Owner under the Architect’s Contract, and at th rehabilitation of the Project, in which event all pa Architect’s Contract shall be treated as disburse for a mandatory injunction or other equitable of its obligations under this Agreement or the Owner agrees with the Agency that the Agency's ince of the Owner's obligations under the Mortgage or ents is not adequate by reason, among other things, of the quate, safe and sanitary dwelling units; (k) subject to Section 40 hereof, sus relief requiring performance by the Own Mortgage or the other Loan Docume: remedy at law for the violation or no: this Agreement or the other Loan Agency's public purpose to provi () after consultationywith tie Owner, sue under the Architect’s Contract or on a warranty to recover any amount ble té*the Owner pursuant to the Architect’s Contract or payable to the Owner pursuant to an warranty and to settle any such claim or liability and release the same and apply the proc 'y such suit, settlement or release to the liabilities of the Owner under this Agreement 6 gage; )wner commits a breach or threatens to commit a breach of any of the provisions of the Mortgages or other Loan Documents, the Agency shall have the right, without

e Owner under this Agreement 6 gage; )wner commits a breach or threatens to commit a breach of any of the provisions of the Mortgages or other Loan Documents, the Agency shall have the right, without posting bond or other security, to seek injunctive relief or specific performance, it being acknowledged and agreed that any such breach, or threatened breach, will cause irreparable injury to the Agency and that money damages will not provide an adequate remedy; and/or {n) to undertake reasonable maintenance and make reasonable repairs to the Project and to add the cost thereof to the principal balance of the Mortgages. (0) notwithstanding the above enumeration of remedies, the Agency shall have available to it all other remedies provided at law or in equity or any other action permitted by law subject to the provisions of Section 40 of this Agreement; 18