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<br />23. Attorney Fees. If any party to this Deed of Trust shall bring any action for any relief <br />against any other party, declaratory or otherwise, arising out of this Deed of Trust, the losing party <br />shall pay to the prevailing party a reasonable sum for attorney fees incurred in bringing such suit <br />and/or enforcing any judgment granted therein, all of which shall be deemed to have accrued upon <br />commencement of such action and shall be paid whether or not such action is prosecuted to <br />judgment. Any judgment or order entered in such action shall contain a specific provision providing <br />for the recover of attorney fees and costs incurred in enforcing such judgment. For the purpose of <br />this Section, attorney fees shall include, without limitation, fees incurred in the following: (a) post- <br />judgment motions; (b) contempt proceedings; (c) garnishment, levy and debtor and third party <br />examinations; (d) discovery; and (e) bankruptcy litigation. <br /> <br />24. General Provisions. <br /> <br />(a) This Deed of Trust applies to, inures to the benefit of, and binds the respective <br />heirs, legatees, devisees, administrators, executors, successors and assigns of each of the parties <br />hereto. <br /> <br />(b) As used herein, the word "person" shall mean and include natural persons, <br />corporations, partnerships, unincorporated associations, joint ventures and any other form of legal <br />entity. <br /> <br />(c) As used herein, the word "Property" shall mean and include the Property and any <br />part thereof. <br /> <br />(d) As used herein and unless the context otherwise provides, the words "herein," <br />"hereunder," and "hereof' shall mean and include this Deed of Trust as a whole, rather than any <br />particular provision hereof. <br /> <br />(e) In exercising any right or remedy, or taking any action provided herein, Beneficiary <br />may act through its employees, agents or independent contractors, as authorized by Beneficiary. <br /> <br />(D Wherever the context so requires herein, the masculine gender includes the <br />feminine and neutral, the singular number includes the plural, and vice versa. <br /> <br />(g) Captions and paragraph headings used herein are for convenience only, are not a <br />part of this Deed of Trust and shall not be used in construing it. <br /> <br />783031-1 <br /> <br />7 <br />