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. . '.-,. �g- 1(�4'714 36. DEFEASANCE AND RECONVEYANCE BY TRUSTEE. Upon the payment andperformance in full of all of the Obligations,Lender will execute and cleliver 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 recordatlon 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, Trustee shall reconvey to Lender,or the person or persons legally entitled thereto,without warranty,any pohion of said premses then held hereunder. The recitals 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 Corrxnercial Code,to secure an obligation incurred for the constniclfon 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 tertns of a construction loan agreement between Grantor and Lender. Any materials,equiprnent or supplies used or irrtended for use in the construction, Grantor's�cord acto�r if loan proceedspare paideto such�ntractor, shall a r�y he loan proc�eds o�thet payment off IawfuD�ms forr labor a dr mater al fumished for such construction. 38. WAIVER OF HOMESTEAD AND OTHER EXEMPTIONS. Grantor hereby waives all homestead and other exernptions in the Property to which Grarrtor would otherwise be errtitled under any applicable law. 39. JURY TRIAL WAIVER. GRANTOR HEREBY WAIVES ANY RIGHT TO TRIAL BY JIDRY IN ANY CIVIL ACTION ARI�ING 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 26th day of March, 1999 GRANTO : GHANTOR: I K. GAPPA GRANTOR: GRANTOR: � DONNA R. GAPPA GRANTOR: GRANTOR: GRANTOR: GRANTOR: NEDOTE Rev.1 Z97 Pape 5 of 6