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: 99-��S��o. <br /> 36. DEFEASANCE AND RECONVEYANCE BY TRUSTEE. Upon the payment andperformance in full of all oi the�ligations,Lender will execute and <br /> deliver to Gramor those documems that may be required to release this Deed of Trust of record. Grantor shall be responsible to pay any costs of <br /> recordation and any reconveyance fee charged by Trustee. Upon written request of Lender stating that all sums secured hereby have been paid and upon <br /> sunender 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 <br /> reconvey to Lender,or the person or persons legaily entitled thereto,wfthout warranty,any ponion of said premses then held hereunder. The recitals in <br /> such reconveyance of any mariers or facts shall be conclusive proof of the truthfulness thereof. The grantee m any reconveyance may be described as"the <br /> person or persons legally entitled thereto". <br /> 37. CONSTRUCTION LOAN. ❑ This Deed of Trust is a construclion mortgage under the Uniform Comrnercial Code,to secure an obligation incurred for <br /> the construction of an improvemern on land,including the acquisition costs of land. This Deed of Trust secures a construction loan,and it will be subject to <br /> ihe terms of a construction loan agreement between Grantor and Lender. Any materials,equipment or supplies used or intended for use in the construction, <br /> Grantor's�contracto�r if loan pr hoceeds�are paid to such contracto r shall Pr�y he loan proceeds to�het payment off lahwfu�da ms forr labor a dr mater al <br /> fumished for such construction. <br /> 38, WAIVER OF HOMESTEAD AND OTHER EXEMPTIONS. Grantor hereby waives all homestead and other exemptions in the Property to which <br /> Grantor would otherwise be ernitled under any applicable law. <br /> 39. JURY TRIAL WAIVER. GRANTOR HEREBY WAIVES ANY RIGHT TO TRIAL BY JURY IN ANY CIVIL ACTION ARISING OUT OF,OR BASED <br /> UPON,THIS DEED OF TRUST. <br /> 40. ADDITIONAL TERMS: <br /> Grantor aclmowledges that Grantor has read,understands,and agrees to the terms and conditions of this Deed of Trust,and acknowiedges receipt of an <br /> exact copy of same. <br /> Dated lhis 3 rd day of June, 19 9 9 <br /> GRANTOR: GRANTOR: <br /> JBRENIY <br /> GHANTOR: GRANTOR: <br /> GRANTOR: GRANTOR: <br /> GRANTOR: GRANTOR: <br /> NEDOTE Rev.12197 Pape 5 of 6 <br />