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38. DEFEASANCE�4ND RECONVEYANCE BY TRUSTEE. Upon the payment and rformance in full of all of the Obligations,Lender will execute and deliver to Grantor those documenis that may be required to release this Deed of rust of record. Grantor shall be responsible to pay any costs of recordation. Upon written reque�t of Lender stating that all sums secured hereby have been paid and upon surrender of this Deed of Trust and any note to Trustee for'cancellation and retention and upon payment bY Lender of Trustee's fees,Trustee shall reconvey to Lender, or the person or persons legally e�liitled thereto,without warranty, any portion of said premises then held hereunder. The recitals in such reconveyance of any matters or facts shall be conclusive proof of the truthfulness thereof. The grantee in any reconveyance may be described as"the person or persons legally entitled thereto". 39. CONSTRUCTION LOAN. ❑ This Deed of Trust is a construction morlgage under ihe Uniform Commercial Code,to secure an obligation incurred for the construction of an improvemeni on land,including the acquisition costs of land. This Deed of Trust secures a construciion loan,and it will be subject to the terms of a consiruction loan agreement between Grantor and Lender. Any materials,equipment or supplies used or intended for use in the construction, � GrantoP's c ntractoif loan proceedsareypaideto such contractor, shall apply the loanl proceeds to�thetpayment offlahwful�clams forr labor a dramaterial �' furnished for such construction. � 40. WAIVER OF HOMESTEAD AND OTHER EXEMPTIONS. Grantor hereby waives all homestead and other exemptions in the Property to which � Grantor would othervvise be entitled under any applicable law. W 41. JURY TRIAL WAIVER. GRANTOR HEREBY WAIVES ANY RIGHT TO TRIAL BY JURY IN ANY CIVIL ACTION ARISING OUT OF,OR BASED � UPON,THIS DEED OF TRUST. N 42. ADDITIONAL TERMS: Grantor acknowledges that Grantor has read, understands,and agrees to the terms and conditions of this Deed of Trust,and acknowledges receipt of an exact copy of same. Daiedthis 06th dayof March, 1998 GRANTOR: GRANTOR: .r��1/.� � BRIAN D. SANDS GRANTOR: GRANTOR: � � � � �V�� C�%G�—`�- �/ KRIS L. SANDS GRANTOR: GRANTOR: GRANTOR: GRANTOR: tiGnn� a�w�ra� Page 5 of 6