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� � � -99 107185 •96. DEFEASANCE AND RECONVEYANCE BY TRUSTEE. Upon the payrr�rn andperformance in full of all of the Obligations,Lender wfll execute and delNer to Grantor those documeMS that may be required to release this Deed of Trust of record. Grantor shall be responsible to pay any ooats of recordatbn and any recorneyanoe fee charged by Trustee. Upon written request of Lender stating that all sums secured hereby have been peid and upon surrender of this Deed of Trust and any note to Trustee for cancellation and reterrtion and upon paymerrt by Lender of Trustee's fees, Trustee shall reconvey to Lender,or the person or persons legally errtitled thereto,wRhout warranty,any portion of saidpremises then held hereunder. The redtals in s�x:h reoorneyance of any matters or facts shall be oondusive proof of the tn�thfulness thereof. The grantee in any recarneyance may be described as"the person or peraons legally errtitled thereto". 37. CON8TRUCTION LOAN. This Deed of Trust is a constructfon mortgage under the Uniform Corrrnerdal Code,to secure an obligation incurred for the construction of an improve on land,indu�ing the acquisition costs of land. This Deed of Trust sea�res a construction loan,and N will be subject to the terms of a construction loan agreemerrt between Grantor and Lender. My materials,equipmerrt or supplies used or irrtended for use in the construction, developmerri,or operation of the Property,whether stored on or off the Pro rry,shall also be subject to the lien of this Deed of Trust, and GraMor,or Grentor's comractor if loan proceeds are paid to such cornractor, shall appPy the loan prooeeds to the paymerrt of Iawful daims for labor and material fumiahed fo�such construction. 38. WAIVER OF HOMESTEAD AND OTHER EXEMPTtON3. Grantor hereby waives all homestead and other exemptions in the Property to which Grantor would otherwise be emitled under any applicable Iaw. �. 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. ADDI110NAL TERMS: Grantor adviowledges that Grentor has read,understands,and agrees to the terms and condidons of this Deed of Trust,and adviowledges receipt of an e�ct oopy of same. Dated mfs 16 th day of July, 1999 GFtANTOR: GRANTOR: ' C=v`� � CARL CARRUTS GRANTOR: GRANTOR: C� �� B'!'F�I, C1,RRUTH GRANTOR: GRANTOR: GR/WTnR: GRANTOR: NEppTE p�v.tyg7 Pap�6d8