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202204759 <br />20. CONDEMNATION. All sums due, paid or payable to Trustor, or any successor in <br />interest of Trustor, whether by way of judgment, settlement or otherwise, (a) for injury or damage to <br />the Property, or (b) in connection with any condemnation for public use or injury to the Property or <br />any part thereof, or (c) arising out of all causes of action whether accruing before or after the date of <br />this Deed of Trust, sounding in tort or contract, including causes of action for fraud or concealment <br />of a material fact, together with the settlements, proceeds, awards and damages, direct and <br />consequential, in connection therewith, are hereby absolutely and irrevocably assigned and shall be <br />paid to Beneficiary. Such proceeds shall be considered payments and will applied as provided in the <br />Note. Beneficiary shall be entitled, at its option, to commence, intervene in, appear in and prosecute <br />in her own name, any action or proceeding, or to make any compromise or settlement, in connection <br />with any such taking or damage. Trustor agrees to execute such further assignments of any <br />compensation, award, damages, rights of action and proceeds as Beneficiary may require. <br />21. EXPENSES, ATTORNEY FEES AND COLLECTION COSTS. Except when <br />prohibited by law, Trustor agrees to pay all of Beneficiary's expenses if Trustor breaches any <br />covenant in this Deed of Trust. Trustor will also pay on demand all of Beneficiary's expenses <br />incurred in collecting, insuring, preserving or protecting the Property or in any inventories, audits, <br />inspections or other examination by Beneficiary in respect to the Property. Trustor agrees to pay all <br />costs and expenses incurred by Beneficiary or Trustee in enforcing or protecting Beneficiary's rights <br />and remedies under this Deed of Trust, including, but not limited to, attorney fees, paralegal fees, <br />court costs, and other legal expenses. All such amounts are due on demand and will bear interest <br />from the time of the advance at the highest rate in effect, from time to time, as provided by this Deed <br />of Trust. <br />22. NO WAIVER OF BENEFICIARY. No waiver by Beneficiary of any right under <br />this Deed of Trust shall be effective unless in writing. Waiver by Beneficiary of any right granted <br />to Beneficiary under this Deed of Trust or of any provision of this Deed of Trust as to any transaction <br />or occurrences shall not be deemed a waiver as to any future transaction or occurrences. By <br />accepting payment of any sum secured hereby after its due date, or by making any payment or <br />performing any act on behalf of Trustor that Trustor was obligated hereunder, but failed to make or <br />perform, or by adding any payment so made by Beneficiary to the indebtedness secured hereby, <br />Beneficiary does not waive its right to require prompt payment when due of all other sums so secured <br />or to require prompt performance of all other acts required hereunder, or to declare a default for <br />failure so to pay. <br />[Space Below Intentionally Left Blank — Signature Page to Follow] <br />7 <br />