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� � � 99_sc�ssss 36. DEFEASANCE AND RECONVEYANCE BY TRUSTEE. Upon the paymerrt and performence in full of all of the Obligations,Lender will execute and deliver to Grantor those documeMs that mey be required to release this Deed of 7rust 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 Tn�stee's fees, Trustee shall reconvey to Lender,or the person or persons legally entitled thereto,without warranty,any porlion of said premises then held hereunder. The recitals in such reconveyance of any matters or facts shall be conclusive proof of the truthfulness thereof. The grantee in any reconveyance may be clescribed as"the person or persons legally errtitled thereto". 37. CONSTRUCTION LOAN. ❑ Thls Deed of Trust is a construction mortgage under the Uniform Comnercial Code,to secure an obligation incurred for the construction of an improvemem on Iand,induding the acquisition costs of land. This Deed of Trust secures a construction loan,and it will be subject to the terms of a consiruction loan agreement between Grarnor end Lender. Any materials,equiprr�ern or supplies used or intended for use in the construction, development, or operation of the Property,whether stored on or off the Property, shall also be s�bject io the lien of this Deed of Trust, and Grantor, or Grantor's contractor if loan proceeds are paid to such contractor, shall apply the loan proceeds to the payment of lawful dairTU 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 Grarnor would othervvise 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 adv�owledges that Grantor has read,understands,and agrees to the terms and condRions of ihis Deed of Trust,and acknowledges receipt of an exact copy of same. Dated this 9 th day of June, 19 9 9 G TOR: GRANTOR: 2 � TANINiY J GRANTOR: GRANTOR: � J ON L PRICE GRANTOR: GRANTOR: GRANTOR: GRANTOR: NEDOTE Rev.1Z87 Paae 5 d 6