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, � � 99 107718 36. DEFEASANCE AND RECONVEYANCE BY TRUSTEE. Upon ihe payment andperformance in full of all of the Obligations,Lender will execute and deliver to Grantor ihose documents that may be required to release this Deed of Trust of record. Grantor shali 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 Trusi 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 said prern�ses 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 rrray be described as"the person or persons legally entitled thereto". 37. CONSTRUCTION LOAN. ❑ This Deed of Trust is a construction mortgage under the Uniform Commercial Code,to secure an obiigation incurred for the construction of an improvement on land,including 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, Grantor'�contractoif loan proceedsPaeypaideto suchrcontractorshall apply he loanl proceeds to�ehetpayment offlahwful�clams forr labor a dramateral 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 otherwise be entitled 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 io the lerms and conditions of this Deed of Trust,and acknowledges receipt of an exact copy of same. Datedthis 30th dayofNovember, 1998 GR GRANTOR: J S S. CUNII�IINGS GRANTOR: ` GRANTOR: CO L K. CIINIlKINGS GRANTOR: GRANTOR: GRANTOR: GRANTOR: NEDOTE Rev.12197 Pape 5 of 6