The following (whether now existing or hereafter arising) are absolutely and irrevocably assigned by Borrower to Beneficiary and, at the request of Beneficiary, shall be paid directly to Beneficiary in accordance with Section 2.06(c)(v) of the Credit Agreement (or any other applicable Section of the Credit Agreement): (a) all awards of damages and all other compensation payable directly or indirectly by reason of a condemnation or proposed condemnation for public or private use affecting all or any part of, or any interest in, the Subject Property or Collateral; (b) all other claims and awards for damages to, or decrease in value of, all or any part of, or any interest in, the Subject Property or Collateral; (c) all proceeds of any insurance policies payable by reason of loss sustained to all or any part of the Subject Property or Collateral; and (d) all interest which may accrue on any of the foregoing. Subject to applicable law and Section 2.06(c)(v) of the Credit Agreement (or any other applicable Section of the Credit Agreement), and without regard to any requirement contained in Section 5.7(e) of this Deed of Trust, Beneficiary may, at its discretion apply all or any of the proceeds it receives to its expenses in settling, prosecuting or defending any claim and may apply the balance to the Security Obligations in such order and amounts as Beneficiary may choose in its sole discretion, or Beneficiary may release all or any part of the proceeds to Borrower upon any conditions Beneficiary may impose. Subject to any of the rights of Borrower in Section 2.06(c)(v) of the Credit Agreement (or any other applicable Section of the Credit Agreement), Beneficiary may commence, appear in, defend or prosecute any assigned claim or action and may adjust, compromise, settle and collect all claims and awards assigned to Beneficiary; provided , however , in no event shall Beneficiary or any of its officers, directors, employees, agents, advisors or representatives be responsible for any failure to collect any claim or award, regardless of the cause of the failure, including, without limitation, any malfeasance or nonfeasance by Beneficiary or its employees or agents.