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and/or enforcing any judgment granted therein, all of which shall be deemed to have accrued upon commencement of such action and shall be paid whether or not such action is prosecuted to judgment. Any judgment or order entered in such action shall contain a specific provision providing for the recovery of attorney fees and costs incurred in enforcing such judgment. For the purpose of this Section, attorney fees shall include, without limitation, fees incurred in the following: (a) post- judgment motions; (b) contempt proceedings; (c) garnishment, levy and debtor and third party examinations; (d) discovery; and (e) bankruptcy litigation. 24. General Provisions. (a) This Deed of Trust applies to, inures to the benefit of, and binds the respective heirs, legatees, devisees, administrators, executors, successors and assigns of each of the parties hereto. (b) As used herein, the word "person" shall mean and include natural persons, corporations, partnerships, unincorporated associations, joint ventures and any other form of legal entity. (c) As used herein, the word "Property" shall mean and include the Property and any part thereof. (d) As used herein and unless the context otherwise protides, the words "herein," "hereunder," and "hereof" shall mean and include this Deed of Trust as a whole, rather than any particular provision hereof. (e) In exercising any right or remedy, or taking any action provided herein, Beneficiary may act through its employees, agents or independent contractors, as authorized by Beneficiary. (f) Wherever the context so requires herein, the masculine gender includes the feminine and neutral, the singular number includes the plural, and vice versa. (g) Captions and paragraph headings used herein are for convenience only, are not a part of this Deed of Trust and shall not be used in construing it. 27. Rights of Institutional Mortgagees. For purposes of this section, an "institutional" Mortgagee is a first Mortgagee that is: (i) a federally or state chartered or licensed bank or savings and loan association; (ii) a mortgage company or other entity chartered or licensed under Applicable Laws whose principal business is lending money on the security of real property or investing in such loans; (iii) an insurance company; (iv) a federal or State agency or instrumentality including, without limitation, the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation; or (v) an insurer or governmental guarantor of a first Mortgage including the Federal Housing Administration and the Veterans Administration. A "first Mortgage" or "first Mortgagee" is one having a priority as to all other Mortgages encumbering the same Condominium or other portions of the Development. Notwithstanding any other provision hereof, the provisions of this Deed of Trust and Resale Restrictions and Option to Purchase shall be subordinate to the lien of an Institutional WLFA\53530\1235331.3 7 Performance Deed of Trust