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99 10633� <br /> 36. DEFEASANCE AND RECONVEYANCE BY TRUSTEE. Upon the payment andperfomiance in full of all of the Obligations,Lender will execute and <br /> 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 <br /> recordation and any reconveyance fee charged by Trustee. Upon written request of Lender stating ihat all sums secured hereby have been paid and upon <br /> surrender of this Deed of Trust and any note to Trustee for cancellatfon and retention and upon payment by Lender of Trustee's fees, Trustee shall <br /> reconvey to Lender,or the person or persons legally errtftled thereto,without warranty,any portion of said premses then held hereunder. The recitals in <br /> such reconveyance of any matters 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 construction mortgage under the Uniform Cormiercial Code,to secure an obligation incurred for <br /> the construction of an improvement on land,induding the acquisition costs of land. This Deed of Trust secures a construction loan,and it will be subject to <br /> the terms of a consiruction loan agreement between Grantor and Lender. Any materials,equiprneM or supplies used or intended for use in the construction, <br /> development, or operation of the Property,whelher stored on or off the Pro rty,shall also be subj�ect to the lien of this Deed of Trust, and Grantor, or <br /> Grantor's corrtractor if loan proceeds are paid to such contractor, shall y the loan proceeds to the payment of lawful daims for labor and material <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 acknowledges that Grantor has read,understands,and agrees to the terms and conditions of this Deed of Trust,and acknowledges receipt of an <br /> exact copy of same. <br /> Dated this 23rd day of June, 1999 <br /> GRANTOR: t GRANTOR: <br /> trv_,.,..�-�� <br /> s � MzLSOURrt <br /> GRANTOR: , GRANTOR: <br /> � 1� � <br /> NANC MILBO <br /> GRANTOR: GRANTOR: <br /> GRANTOR: GRANTOR: <br /> NEDOTE iiw.1?i97 Pape 5 d 6 <br />