West Orange Fourth Round HEFSP_adopted 111025_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 her uch and concern the Land in that the Owner's legal interest in the Land and the Project is rend valuable thereby. The Agency and the Owner hereby further declare their understandi: that the benefit of such covenants touch and concern the Land by enhancing and ine enjoyment and use of the Land and part of the Project as housing for persons wit disabilities. , reservations and restrictions Section 35. Uniformity; Common Plan. The hereof shall apply uniformly to the entire Project and ns hereof are imposed upon and made Il be enforceable against the Owner or any st in the Project at the time of such violation ovisions hereof as to any breach or violation y entitled to enforce the provisions hereof or to on or repetition of such breach or violation or any time or times. Section 36. Remedies; Enforceability. Th applicable to the Land and shall run with the other person or entity that has or had an ow! or attempted violation. No delay in ento: shall impair, damage or waive the right obtain relief against or recover for the ae similar breach or violation hereof at ices; Waivers. This Agreement and the Mortgage may be ‘ing executed and acknowledged on behalf of the Agency and instrument may be recorded. amended only by an instrume the Owner in such manney {hat t No waiver by gency in any particular instance of any Event of Default or required performance by the*Qwxer’and no course of conduct of the parties or failure by the Agency to enforce or insistponspertormance of any of the obligations of the Owner under this Agreement, the Mortgage, or undefthe other

*Qwxer’and no course of conduct of the parties or failure by the Agency to enforce or insistponspertormance of any of the obligations of the Owner under this Agreement, the Mortgage, or undefthe 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 or 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 given 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