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. .i� 36. BEFEASANCE AND RECONVEYANCE BY TRUSTEE. Upon the payment and rtormdnce in full of all of the Obligations,Lender will execute and � rm•n delNer to Grantor those documents that may be required to release this Deed of rust of record. Grarrtor 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 Ga surrender of this Deed of Trust and any note to Trustee for cancellation and retention and upon paymerrt by Lender of Trustee's fees, Trustee shall reconvey to Lender,or the person or persons legally entitled thereto,whhout warranty,any portion of said premises then held hereunder. The recitals in such reconveyance of any matters or facts shall be condusive proof of the iruthfulness thereof. The grantee in any reconveyance may be described as"the �"�' person or persons legally entitled thereto". � 37. CONSTRUCTION LOAN. ❑ This Deed of Trust is a construction mortgage under the Uniform Commeraal Code,to secure an obligation incurred for "� the construction of an improvemerrt on land,induding the acquisition costs of land. This Deed of Trust secures a construction loan,and it will be subject to Q� the terms of a construction loan agreemeM between Grantor and Lender. Any materials,equipment or supplies used or iniended for use in the construction, � developrr�ent, or operation of the Property,whether stored on or off the Property, shall also be subject to the lien of this Deed of Tn�st, and Grantor, or Grarrtor's contractor if loan proceeds are paid to such contractor, shall apply the loan proceeds to the payment of lawful daims for Iabor and material C� fumished for such construction. 38. WAIVER OF HOMESTEAD AND OTHER EXEMPTIONS. Grantor hereby waives all homestead and other exemptions in the Property to which Grantor would othervvise be ernitled 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 BASED UPON,THIS DEED OF TRUST. 40. ADDITIONAL TERMS: Grantor acknowledges that Grantor has read,understands,and agrees to the temis and conditions of this Deed of Trust,and acknowledges receipt of an � exact copy of same. Datedthis 26th dayof July, 1999 GRANTOR: GRANTOR: '��i�� MARR CADWALADBR G TOR: GRANTOR: � NANCY C WALADFsR GRANTOR: GRANTOR: GRANTOR: GRANTOR: NEDOTE Rw.12197 Pape5d6