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22. Relationship. Nothing contained herein or in the Declaration of Restrictions shall be deemed to create or construed to create a partnership, joint venture or any relationship other than that of a Trustor and Beneficiary. Trustor and Beneficiary expressly disclaim any intent to create a partnership or joint venture pursuant to this Deed of Trust or the Declaration of Restrictions. 23. Attorney Fees. If any party to this Deed of Trust shall bring any action for any relief against any other party, declaratory or otherwise, arising out of this Deed of Trust, the losing party shall pay to the prevailing party a reasonable sum for attorney fees incurred in bringing such suit 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 recover 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 provides, 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. Perlbrmance Decd of Crust