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2000020$7 <br />96. DEFEASANCE AND RECONVEYANCE BY TRUSTEE. Upon the payment and performance in full of all of the Obligations, Lender will execute and <br />deliver to Grantor those documents that may be required to release this Deed of Trust of record. Grantor shall be responsible to pay an costs of <br />noon and arty recormve fee charged by Trustee. Upon written request of Lender stating that all sums secured hereby have been paid and upon <br />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 <br />reconvey to Lender, or the person or persons legally entitled thereto, without warranty, any portion of said premises then held hereunder. The recitals In <br />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 <br />person or persons legally entitled thereto ". <br />37. CONSTRUCTION LOAN. FIThis Deed of Trust is a construction mortgage under the Uniform Commercial Code, to secure an obligation Incurred for <br />the construction of an on land, induding the acquisition costs of land. This Deed of Trust secures a construction loan, and it will be subject to <br />the terms of a constriction loan agreement between Grantor and Lender. Any materials, equipment or supplies used or intended for use In the construction, <br />developrmert, or operation 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 <br />Grantor's contractor If ban proceeds are paid to such contractor, shall apply the loan proceeds to the payment of lawful claims for labor and material <br />furnished for such construction. <br />96. WAIVER OF HOMESTEAD AND OTHER EXEMPTIONS. Grantor hereby waives all homestead and other exemptions in the Property to which <br />Grantor would otherwise be entitled under any applicable law. <br />99. JURY TRIAL WAIVER. GRANTOR HEREBY WAIVES ANY RIGHT TO TRIAL BY JURY IN ANY CIVIL ACTION ARISING OUT OF, OR BASED <br />UPON, THIS DEED OF TRUST. <br />40. ADDITIONAL TERMS: <br />Grantor advmawbdges that Grantor has read, understands, and agrees to the terms and conditions of this Deed of Trust, and advmowledges reoelpt of an <br />exact copy of same. <br />Dated this 23rd day, of February, 2000 <br />GRANTOR: <br />WILLIAM G. LUFT <br />GRANTOR: <br />GRANTOR: GRANTOR: <br />GINA M. LUFT <br />FWMIRA <br />CCT Ti1kiff <br />GRANTOR: <br />GRANTOR: <br />maDoTE RW.m2r P.o.ads <br />u <br />