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� � � - 2o��oos �� 36. DEFEASANCE AND RECONVEYANCE BY TRUSTEE. Upon the paymern and performance in full of all of the Obligations,Lender will execute and delNer to Grantor ihose documerrts that may be required to release this Deed of Trust of reoord. Grantor shall be res nsible to y recordation and any reconveyance fee charged by Trustee. Upon written request of Lender stating that all sums secured hereby have beepn pa�d andsupon 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 entitled thereto,without warranty,a�y portion of said premises then held hereunder. The recitals in such recorneyance of any matters or facts shall be condusive proof of the truthfulness thereof. The grantee in any reconveyance rnay be described as"the person or persons legally errtitled thereto". 37. CONSTRUC710N LOAN. ❑ This Deed of Trust is a construction mortgage under the Unifortn Commeraal Code,to secure an obligation incurred for the construction of an fmprovement on land,including the acquisftion costs of land. This Deed of Trust secures a construction loan,and h will be subject to the terms of a construction loan a9reemerrt between Grantor and Lender. My rrqterials,equipment or supplies used or intended for use in the construction, development, or operatfon of the Property,whether stored on or off the Property, shall also be subject to the lien of this Deed of Trust, and Grantor, or Grantor's comractor if loan proceeds are paid to such corrtractor, shall apply the loan proceeds to the paymerri of lawful daims for labor and material fumished for such construction. 38. WAIVER OF HOMESTEAD AND OTHER EXEMPTION3. Grantor hereby waives all homestead and other exemptions in the Property to which Grantor would otherwise be emitled 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 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. Dated this 29th day ofDecember, 1999 GRANTOR: ' GRANTOR: ; . y DENNIS A. BDWARD5 GRANTOR: GRANTOR: � _rlGQ�� Qll� CHRISTINE M. BDWARDS GRANTOR: GRANTOR: GRANTOR: GRANTOR: NEDOTE Rev,iZ97 Pape 5 of 6