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� � 200001183 98. DEFEASANCE AND RECONVEYANCE BY TRUSTEE. Upon the payment andperformence in full of all of the Obligations,Lender will execute and deliver to GraMor those documeMs that may be required to release this Deed of Trust of record. GraMor shall be respcuisible to pay any costs of reoorcJation and any recorneyance fee charged by Trustee. Upon written request of Lsnder stating that all sums secured hereby have been paid and upon suRender of this Deed of Trust and any note to Trustee for cancellation and retention and upon paymern by Lender of Trustee's fees, Trustee ahall reconvey to Lender,or the person or persons legally eMitled thereto,wfthout warranty,any portion of sald premises then held hereunder. The reatals in sud�reconveyance of any matters or facts shall be condusive proof of the tMhfulness ihereof. The grarrtee in any reconveyance may be described as^the peraon or persons legelly entiGed thereto". 37. CONSTRUCTION LOAN. �This Deed of Trust is a construction mortgage under the Uniform Cortrneraal Code,to secure an obUgation incurred for the constnxKlon of an improvem� on land,induding the acquisition costs of land. This Deed of Trust secures a construction loan,and it will be subject to the tertns of a consuuctbn�oan�reemeM belween Grarnor and Lender. My materials,equiprrient or supplies used or iMended for use in the construction, ��opeff tfo�of the P s are��Wd o such Mracio r shall Prapp�rty,shall also be subject to the lien of this Deed of Trust,and Grarnor, or fumisFied for such construction�� Y the loan proceeds to the paymerrt of lawful daims for labor and material 38. WAIVER OF N0IAESTEAD AND OTHER EXEMPTIONS. Grantor hereby waives all homestead and other exemptions in the Properry to which GraMor would otherwise be e�titled under any applic�ble law. 39. JURY TRIAI WAIVER. GRANTOR HEREBY WAIVES ANY RIGHT TO TRIAL BY JURY IN ANY CIVIL AC710N ARISING OUT OF,OR BASED UPON,THIS DEED OF TRUST. 40. ADDITIONAL TERMS: Grantor aclvwwledges that Grantor has read,understands,and agrees to the terms and conditions of this Deed of Trust,and aclviowledges receipt of an exad copy of same. Datedthis 30th dayoBeptember, 1999 GRANTOR: GRANTOR: � �� t�� PSGGY LEA F GRANTOR: GRANTOR: GRANTOR: GRANTOR: GRANTOR: GRANTOR: NEDOTE Rw.1?�97 Papa 5 d 6