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36. DEFEASANCE AND RECONVEYANCE BY TRUSTEE. Upon ihe•payment andperformance in full of al�of ihe 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 recordation and any reconveyance fee charged by Trustee. Upon wririen request of Lender stating that all sums secured hereby have been paid and upon ' surrender of ihis 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 ihereto,wilhout warranty,any portion of said prerrmses then held hereunder. The recitals in such reconveyanc�of any matters or facts shall be conclusive proof of the truthfulness ihereof. 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 rr�rtgage under the Uniform Commercial Code,to secure an obligation incurred for the construction of an irr�rovement 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 Prop rty,shall also be subject to ihe lien of this Deed of Trust, and Grantor, or Grantor's contractor if loan proceeds are paid to such contractor, shall appiy the loan proceeds tc the payment of lawful 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 Grantor would otherwise be entitled under any appiicable law. 39. JURY TRIAL WAIVER. GRANTOR HEREBY WAIVES ANY RIGHT TO TRIAL BY JURY IN ANY CIVIL ACTION ARISING OUT OF,OR BASED � UPON,THIS DEED OF TRUST. � 1 40. ADDITIONAL TERMS: �' M'' � � � 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. Datedthis 15th dayof March, 1999 GRANTOR: GRANTOR: �:/ �� MICHAEL TOURNOR GRANTOR: GRANTOR: GRANTOR: GRANTOR: GRANTOR: GRANTOR: Page 5 d 6 NFO�TE Rev.1Z97