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. y . y � 10 � 411 36. DEFEASANCE AND RECONVEYANCE BY TRUSTEE Upon the payment and_performance fn full of all of the Obligations,Lender wfll execute and deliver to Grantor those documerrts that may be required to release this Deed of Trust of record. Grantor shall be responsfble to pay any oosts of recordation and eny recorneyanoe fee charged by Trustee. Upon written request of Lender stating that all sums secx�red hereby have been paid 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 recorney io Lender,or the person or persons legally entitled thereto,wfthout warranty,any portion of seid preMses then held hereunder. The reatals in such recorneyanoe of any matters or facts shall be condusNe proof of the tnrthfulness thereof. The grarrtee in any reoorneyance may be described as"the person w persona legally errtitled thereto". S7. CONSTRUCTION LOAN. ❑ This Deed of Tn�st is a construction mortg�e under the Uniform Commerdal Code,to secure an obligation incurred for the wnsuucdon of an improvement on land,indu�n the acquisition coats ofiarid. This Deed of Truat secures a construction loan,and it will be subject to the tem�s of a oonstruction loan agreemerrt beiween�rantor and Lender. My materiala,equipmeM or supplies used or intended for use in the construction, developmerrt, or operaUon of the Property,whether stored on or off the P shall al�o be subject to the Ifen of this Deed of Tn�st,and Grantor, or Grantor'a oorrtractor if loen prooeeds are peid to such corrtractor, shell a�e loen prooeeds to the paymerrt of Iawful daims for labor and r�terial fumished for such construcdon. 98. WAIVER OF HOMESTEAD AND OTHER EXEMP710N3. Grantor herek�waives all homestead and other exempUons in the Property to whfch Grantor would otherwise be entitled under any applicable law. �. JURY TRIAL WAIVER. GRANTOR HEREBY WAIVES ANY RIGHT TO TRIAL BY JURY IN ANY CIVIL ACT10N ARISING OUT OF,OR BASED UPON,?HIS DEED OF TRUST. 40. ADDRIONAL TERM8: Grantor adv�owledges that Grarrtor has read,understands,and agrees to the terms and conditlons of this Deed of Trust,and adviowledges receipt of an exact oopy of same. Datedthis 12th dayof July, 1999 G R: � GRANTOR: ��/� LAIIRIE A. CRIIMRINE GRANTOR: GRANTOR: GRANTOR: GRANTOR: GRANTOR: GRANTOR: NEDOTE Fl�v.t?IY7 P�6 d 8