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202204758 of a material fact, together with the settlements, proceeds, awards and damages, direct and consequential, in connection therewith, are hereby absolutely and irrevocably assigned and shall be paid to Beneficiary. Such proceeds shall be considered payments and will be applied as provided in the Note. Beneficiary shall be entitled, at its option, to commence, intervene in, appear in and prosecute in her own name, any action or proceeding, or to make any compromise or settlement, in connection with any such taking or damage. Trustor agrees to execute such further assignments of any compensation, award, damages, rights of action and proceeds as Beneficiary may require. 21. EXPENSES, ATTORNEY FEES AND COLLECTION COSTS. Except when prohibited by law, Trustor agrees to pay all of Beneficiary's expenses if Trustor breaches any covenant in this Deed of Trust. Trustor will also pay on demand all of Beneficiary's expenses incurred in collecting, insuring, preserving or protecting the Property or in any inventories, audits, inspections or other examination by Beneficiary in respect to the Property. Trustor agrees to pay all costs and expenses incurred by Beneficiary or Trustee in enforcing or protecting Beneficiary's rights and remedies under this Deed of Trust, including, but not limited to, attorney fees, paralegal fees, court costs, and other legal expenses. All such amounts are due on demand and will bear interest from the time of the advance at the highest rate in effect, from time to time, as provided by this Deed of Trust. 22. NO WAIVER OF BENEFICIARY. No waiver by Beneficiary of any right under this Deed of Trust shall be effective unless in writing. Waiver by Beneficiary of any right granted to Beneficiary under this Deed of Trust or of any provision of this Deed of Trust as to any transaction or occurrences shall not be deemed a waiver as to any future transaction or occurrences. By accepting payment of any sum secured hereby after its due date, or by making any payment or performing any act on behalf of Trustor that Trustor was obligated hereunder, but failed to make or perform, or by adding any payment so made by Beneficiary to the indebtedness secured hereby, Beneficiary does not waive its right to require prompt payment when due of all other sums so secured or to require prompt performance of all other acts required hereunder, or to declare a default for failure so to pay. [Space Below Intentionally Left Blank — Signature Page to Follow] 7