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36. DEFEASANCE AND RECONVEYANCE BY TRUSTEE. Upon the payment andpe rfomiance in full of all of the Obligations,Lender will execute and deliver to Grarrtor 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 written request of Lender stating that all sums secured hereby have been paid and upon suRender 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 warrarny,any portion of said premises ihen held hereunder. The recitals in such recorneyance of any matters or facts shall be oonclusNe proof of the truthfulness thereof. The grantee in any reconveyance may be described as"the person or persons legally entitled thereto". 37. CONSTRUC710N LOAN. ❑ This Deed of Trust is a construction mortgage under the Uniform Cormiercial Code,to secure an obligation incurred for the construclion of an improvemerrt 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 belween Grantor and Lender. Any materials,equipmerrt or supplies used or intended for use in the construction, developmern, or operation of the Property,whether stored on or off the Property,shall also be subject to the lien of this peed of Trust, and Grantor, or Grantor's contractor if loan proceeds are paid to such corrtractor, shall apply the loan proceeds to the payment of lawful clairru for labor and material (� fumished for such construction. � 1 38. WAIVER OF HOMESTEAD AND OTHER EXEMPTIONS. Grantor hereby waives all homestead and other exemptions in the Property to which M GraMor 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: � GraMor adviowledges 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 23rd dayof April, 1999 GRANTOR: GRANTOR: /'k/�i�� v DONALD E. BRBWBR GRAPIT • GRANTOR: �' � BSVERLY J. B GRANTOR: GRANTOR: GRANTOR: GAANTOR: i NEOOTE Rev.l?A7 , Peee 5 d 8