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� � 99 107335 96. DEFEASANCE AND RECONVEYANCE BY TRUSTEE. Upon the payment andperformance in full of all of the Obligations,Lender will execute and deliver to Grantor those documerrts that may be required to release this Deed of Trust 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 reternion and upon payment by lsnder of Trustee's fees, Trustee shall reconvey to Lender,or the person or persons legally entitled thereto,without warrarny,any portion of said premses 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 described as"the person or persons legally emhled thereto". 37. CONSTRUCTION LOAN. ❑ This Deed of Trust is a construction mortgage under the Uniform Cormieraal Code,to secure an obligation incurred for the construclion 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 agreemerrt between Grantor and Lender. Any materials,equiprnent or suppUes used or intended for use in the construction, developmeM,or operation of the Property,whether siored on or off the Pro rty,shall also be subject to the lien of this Deed of Trust,and Grarrtor,or Grarrtor's corrtractor if loan proceeds are paid to such contractor, shall appfy the loan proceeds to the paymerrt of lawfu�claims 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 otherwise be ernhled 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 BA3ED UPON,THIS DEED OF TRUST. 40. ADDITIONAL TERMS: Grarrtor adviowledges that Grarnor has read,understands,and agrees to the temis and conditions of this Deed of Trust,and adviowledges receipt of an exact copy of same. Dated this 19 th day of July, 1999 GRANTOR: GRANTOR: �_ IMOTHY D ISON GRANTO . GRANTOR: T }3. 5HRINER GRANTOR: GRANTOR: � GRANTOR: GRANTOR: _-____ "_.�_ ��C JQ _