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. _ 200U�03 � � 3B. DEFEASANCE AND RECONVEYANCE BY TRUSTEE. Upon the paymern andpertormance in full of all of the Obligations,Lender will execute and de1iver to GraMor those documerrts that may be required to release this Deed of Trust of record. Grantor shall be responsible to pay any costs of recordation and any reconveyance fee charged by Trustee. Upon written request of Lender stating that all sums sea�red hereby have been pafd and upon suRender of this Deed of Trust and any note to Trustee for cancellation and reterrtion and upon paymerrt by Lender of Trustee's fees, Trustee shall recorney to Lender,or the person or persons legally entitled thereto,without warranty,any portion of said premises then held hereunder. The recitals in such reconveyance of any matters or facts shall be condusive proof of the truthfulness thereof. The grantee m any reconveyance may be described as"the person or persons legally entitled thereto". 37. 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,induding the acquisition costs of land. Thfs Deed of Trust secures a construction loan�and it will be subject to the terms of a construction loan agreemern between Grantor and Lender. Any materials,equipmeM or supplies used or iMended for use in the construction, development,or operation of the Property,whether stored on or off the Pro rty, shall also be subject to the Ifen of this Deed of Trust,and Grar►tor, or Grantor's contractor ff loan prooeeds are paid to such corrtractor, shall appfy the loan proceeds to the paymerrt of lawful claims for labor and material fumished for such construction. 38. WAIVER OF HOMESTEAD AND 07HER EXEMPTIONS. Grarnor hereby waives all homestead and other exemptfons in the Property to which Grantor would othervvfse be entftled under any applicable law. 39. 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. 40. ADDITIONAL TERMS: Grantor admowledges that Grantor has read,understands,and agrees to the temis and conditions of this Deed of Trust,and acknowledges receipt of an exact copy of same. Datedthis 13th dayofDecember, 1999 GRANTOR: GRANTOR: r�Y w. sw2wLow GRANTOR: ^ GRANTOR: as��r L. sw�r�ow GRANTOR: GRANTOR: GRANTOR: GRANTOR: NEDOTE Rev.1297 o.,.e a.,r c