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36. DEFEASANCE AND RECONVEYANCE BY TRUSTEE. Upon the payment andperformance in full of all of the Obligations,Lender will execute and d@liver to Grantor those documerrts that may be required to release this Deed of Trust of record. Grantor shall be responsible to pay any costs of recordation and an recon'veyance fee charged by Trustee. Upon written request of Lender stating that all sums secured hereby have been paid and upon surrender of this�eed of Trust and any note to Trustee for cancellation and reternion and upon payment by Lender of Trustee's fees, Trustee shall reconvey to Lender,or ihe person or persons legally entitled thereto,without warranty,any portion of sald premises then held hereunder. The reciials in such reconveyance of any matters or facts shall be condusive proof of the tnrthfulness thereof. The graMee in any reconveyance may be described as"the person or persons legally errtitled thereto". 37. CONSTRUCTION LOAN. ❑ This Deed of Trust is a construction mortgage under the Uniform Cormieraal Code,io secure an obligation incurred for the construction 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 agreemeM between Grarnor and Lender. Any materials,equiprnent or supplies used or intended for use in the construcUon, developmern,or operation of the Property,whether stored on or off the Property,shall also be subject to the lien of this Deed of Trust,and Grarrtor, or Grarnor's cornraclor if loan proceeds are paid to such corrtractor, shall apply the loan proceeds to the paymerrt of lawful daims for labor and material fumished for such construction. 38. WAIVER OF HOMESTEAD AND OTHER EXEMPTIONS. GraMor hereby waives all homestead and other exemptions in the Property to which Grantor would otherwise be erniiled under any applicable Iaw. 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: � Q � � � 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 26th dayof April, 1999 TOR: � GRANTOR: �� " - JEF OWEN ATILLIAMS GRANTOR: GRANTOR: GRANTOR: GRANTOR: GRANTOR: GRANTOR: � NEDOTE Rev.12197 Pape 5 d 6