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� ' � � ' � 99 10�79 � <br /> � 96. DEFEASANCE AND RECONVEYANCE BY TRUSTEE. Upon the paymerrt andperfom�ance in full of all of the Obligations,Lender will execute and <br /> deliver to Grantor 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 recorneyance fee charged by Trustee. Upon written request of Lender stating that all sums secured hereby have been paid and upon <br /> �surrender of this Deed of Trust and any note to Trustee for cancellation and reteMion and upon payment by Lender of Trustee's fees, Trustee shall <br /> reoorney to Lender,or the person or persons legally eMitled thereto,without warranty,any portion of said premses then held hereunder. The recilals in <br /> such reconveyance of any matters or facis shall be condusive proof of the truthfulness thereof. The grarrtee in 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 Commercial Code,to secure an obligation incurced for <br /> the construction of an improvemerrt on land,induding the acquisition cosls of land. This Deed of Trust secures a construction loan,and it will be subject to <br /> the tertns of a construction loan agreemeM between GraMor and Lender. Any materials,equipmerrt or supplies used or irrtended for use in the construction, <br /> Grarnor'��r'itractoff��oan Prhoceeds are paid to such contractorshall Papp�y the loan proceeds to�hetpahyment offlahwful�cla�'rr�s forr labor a d matterial <br /> fumished for such construction. <br /> 98. WAIVER OF HOMESTEAD AND OTHER EXEMPTIONS. Grantor hereby waives all homeslead and other exemptions in ihe Property to which <br /> Grantor would otherwise be entitled 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. ADDI110NAL TERMS: <br /> GraMor acknowledges that Grantor has read,understands,and agrees to the terms and conditions of this Deed of Trust,and admowledges receipt of an <br /> exact copy of same. <br /> Datedthis 23rd dayof ADril, 1999 <br /> GRANTOR: GRANTOR: <br /> �i� <br /> LIIE J. ALLAN <br /> GRANTOR: GRANTOR: <br /> C/ <br /> V. ALLAN <br /> GRANTOR: GRANTOR: <br /> GRANTOR: GRANTOR: <br /> a�,.Rda <br />