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36. DEFEASANCE AND RECONVEYANCE BY TRUSTEE. Upon the payment andperfomrance in full of all of the Obligations,Lender will execute and deliver to Grantor those documents that may be required to release this Deed of Trust of record. Grantor shall be responsible to pay any costs of ,�ecordation and any reconveyance 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 cancellation and retention and uPon payment by Lender of Trustee's fees, Trusiee shall reconvey to Lender,or the person or persons legally entitled thereto,without warranty,any portion of said premses then held hereunder. The recitals in such reconveyance of any matters or facts shall be condusive 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 consiruction mortgage under the Uniform Cor�xnercial Code,to secure an obligation incurred for ihe consiruction of an improvement on land,including the acquisition costs of land. This Deed of Trust secures a construction loan,and it will be subject to the terms of a construction loan agreement between Grantor and Lender. Any materials,equipment or supplies used or intended for use in the construction, development, 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 Grantor's contractor if loan proceeds are paid to such contractor, shall apply the loan proceeds to the payment of lawfui claims for labor and material furnished for such construction. 38. WAIVER OF HOMESTEAD AND OTHER EXEMPTIONS. Grantor hereby waives all homestead and other exemptions in the Property to which Granior 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 1 UPON,THIS DEED OF TRUST. � 40. ADDITIONAL TERMS: � � �"� CO � Grarnor 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. Datedthis 3rd dayofDecember, 1998 GRANT GRANTOR: RONALD C. EVANS GRANTOR: � GRANTOR: . CARO 13 L. EVANS GRANTOR: GRANTOR: GRANTOR: GRANTOR: NEDOTE Rev.12'97 Pape 5 of 6