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36. D�eFEASANCE AND RECONVEYANCE BY TRUSTEE. Upon the payment and performance in full of all of the Obligations,Lender will execute and deliver to Grarrtor those documents that may be required to release this Deed of 1'rust of record. Grantor shall be responsible to pay any cosis of recQrdation snd any rAconveyance fee charged by Trustee. 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 cancellaiion 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,any portion of said premses then held hereunder. The recitais 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". ' 37. CONSTRUCTION LOAN. ❑ This Deed of Trust is a construction mortgage under the Uniform Comrriercial Code,to secure an obligation inwrred for mrre the construction of an irr�provement on land,including the acquisition costs of land. This Deed of Trust secures a construction loan,and it will be subject to �Q the terrns of a construction toan agreement between Grantor and Lender. My materiais,equipment or supplies used or irrtended for use in the construction, � developmerrt,or operation of the Property,whether stored on or off the Pro rty, shall also be subject to the lien of this Deed of Trust, and Grantor,or � Grarnor's corrtractor if loan proceeds are paid to such contractor, shall appfy the loan proceeds to the payment of lawful claims for labor and materiai fumished for such construction. 38. WAIVER OF HOMESTEAD AND OTHER EXEMPTIONS. Grantor hereby waives all homestead and other exemptions in the Property to which � Grarrtor would otherwise be entitled 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 W UPON,THIS DEED OF TRUST. � 40. ADDITIONAL TERMS: iA Grantor admowledges 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 19 th day of February, 19 9 9 GRANTO : GRANTOR: POLLY J. C L NS GRANTOR: GRANTOR: MICHAEL COLLINS GRANTOR: GRANTOR: GRANTOR: GRANTOR: uC�1ffTC 17au t9A� Pse95d6 .