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36. DEFEASANCE AND RECONVEYANCE BY TRUSTEE. Upon the paymeM andperformance 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. Gramor shali 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 reternion and upon payment by Lender of Trustee's fees, Trustee shali reconvey to Lender,or the person or persons legally entitled thereto,without warrarrty,any portion of said prerr�ses then held hereunder. The recitals in � such reconveyance of any matters or facts shall be conciusive proof of ihe truthfulness thereof. The grantee m 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 obligation incurred for �.i the construction of an improvement on land,including the acquisition costs of land. This Deed of Trust secures a construction loan,and it wifl be subject to � the terms of a construction loan agreement between Grantor and Lender. Any materials,equipment or suppiies used or intended for use in the construction, y development,or operation of the Property,whether stored on or off the Prop rty,shall aiso be subject to the lien of this Deed of Trust, and Grantor, or � Grantor's corrtractor if loan proceeds are paid to such contractor, shall apply the loan proceeds ta the payment of lawful claims for labor and material � fumished for such construction. � 38. WAIVER OF HOMESTEAO AND OTHER EXEApPTIONS. Grarnor hereby waives ail 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: Grantor acknowledges that Grarrtor 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 13 th day of May, 19 9 9 > GRANTOR: GRANTOR: � , TH S TREJ GRANTOR: GRANTOR: GRANTOR: GRANTOR: GRANTOR: GRANTOR: NEDOTE Rev.1Z97 Pape 5 of 6