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' � ' : �g" its38'7.� 38. DEFEASANCE AND RECONVEYANCE BY TRUSTEE. Upon the payment and pertormance in full of all of the Obligations:Lender will execute and deliver to Grantor those documents that may be required to release this Deed of Trust of record. Grantor shall be responsible to pay any costs of recordation. Upon written request 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 shail reconvey to Lender,or the person or persons legaIly entitled thereto,without warranty,any portion of said prerrnses 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 mortgage under the Uniform Cormiercial Code,to secure an obligation incurred for the construction of an improvement on land,including the acquisition costs of land. This Deed of Trust secures a construction loan,and it will be subjeet to the tertns of a construction loan agreement between Grantor and Lender. My materials,equipment or supplies used or irttended for use in the construction, development,or operation of the Property,whether stored on or off the Prop rty, shall also be subject to the lien of this Deed of Trust, and Grantor, or Grantor's contractor if loan proceeds are paid to such coMractor, shaii apply the loan proceeds to the payment of lawful claims for labor and material fumished for such construction. 40. WAIVER OF HOMESTEAD AND OTHER EXEMPTIONS. Grantor hereby waives all homestead and other exerr�tions in the Property to which Grantor would otherwise be entitled under any applicable law. 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. 42 ADDITIONAL TERMS: Grantor acknowledges that Grantor has read,understands,and agrees to ihe terms and conditions of this Deed of Trust,and acknowledges receipt of an exact copy of same. Datedthis 23rd dayof April, 1998 GRANTOR: GRANTOR: 1 WILLIAM R. CAREY GRANTOR: GRANTOR: S RLEY A AREY GRANTOR: GRANTOR: GRANTOR: GRANTOR: I u�nntc o..,n�o� Pana 6 M R