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! � .38. �DEFEASANCE AND RECONVEYANCE BY TRUSTEE. Upon the payment andperformance in full of all of the Obligations,Lender will execute and , de�iver 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 • recordation. 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 Trustee's fees,Trustee shall reconvey to Lender,or the person or persons legally entitled thereto,Without warranty,any portion of sa�d premses then heid 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 described as"the person or persons legally entitled thereto". 39. CONSTRUCTION LOAN. ❑ This Deed of Trust is a construction mortgage under the Uniform Corrxnercial Code,to secure an obligation incurred for 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 the terms of a construction loan agreement between Grantor and Lender. Any materials,equipment or supplies used or intended for use in the construction, development, or operatiorr of the Property,whether stored on or off the Pro rty, shall also be s�,bject to the lien of this Deed of Trust, and Grantor, or Grantor's contractor if loan proceeds are paid to such contractor, shall appfy the loan proceeds to the payment of lawfu� claims for labor and material fumished for such construction. 40. WAIVER OF HOMESTEAD AND OTHER EXEMPTIONS. Grantor hereby waives all homestead and other exemptions in the Property to which '`Q Grantor would otherwise be entitled under any applicable law. .� 41. JURY TRIAL WAIVER. GRANTOR HEREBY WAIVES ANY RIGHT TO TRIAL BY JURY IN ANY CIVIL ACTION ARISING OUT OF,OR BASE UPON,THIS DEED OF TRUST. � d 42 ADDITIONAL TERMS: � I�.�► , �.iT � Grantor admowledges that Grantor has read,understands,and agrees to the terrns and conditions of this Deed of Trust,and acknowledges receipt of an exact copy of same. Datedthis 20th �yaf Anril, 1998 GRANTOR: GRANTOR: 1�il 01...�,.r., ��:�1A�_�-a n,�� BRBNDA K.�RGENS -� GR OR: GRANTOR: G. JIIRGEN GRANTOR: GRANTOR: GRANTOR: GRANTOR: NEDOTE Rev.2/97 Pme 5 of 6