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36. DEFEASANCE AND RECONVEYANCE BY TRUSTEE. URon the payment andperform3nce in full of all of the Obligations,Lender will execute and deliver to Grantor those documents that may be requi�ed to reiease this Deed of Trust of record. Grantor shall be responsible to pay any costs of recordation 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 erititled thereto,without warranty,any portion of said premses then held hereunder. The rechals in such reconveyance of any maflers 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 Commercial Code,to secure an obiigation incurred for the construction 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 ihe terms of a construction loan agreemern between Grantor and Lender. Any materials,equipment or suppiies 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 the 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 to the payment of lawful claims for labor and material fumished 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 applicable 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. � 40. ADDITIONAL TERMS: � 1 � � �M W 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 24th dayof March, 1999 I GRANTO • ., GRANTOR: � MICHAPL E. MESNER GRAN R: GRANTOR: � GL A C. M13SNER GR TOR: GRANTOR: GRANTOR: GRANTOR: I NFI1f1'TF Llw 1'JA7 Pnnn r,ra R ..