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. , . 99 lp'7 85 , 36..DEFEASANCE AND RECONVEYANCE BY TRUSTEE. Upon the payment andperfomiance in full of all of the Obligations,Lender will execute and deliver to Grarrtor those documerrts that may be required to release this Deed of Trust of record. Grarrtor shall be responsibte to pay any costs of recordation and any recorneyance fee charged by Trustee. Upon written requesi 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 reterrtion and upon paymerrt by Lender of Trustee's fees, Trustee shall reconvey to Lender,or the person or persons legally errtitled thereto,without warranty,any portion of said premises then held hereunder. The reatals in such reoorneyance of any matters or facts shall be condusive proof of the truthfulness thereof. The graMee in any reoorneyanoe may be descxibed as"the person or persons legally eMitled thereto". 37. CONSTRUC710N LOAN. ❑ This Deed of Trust is a construction mortgage under the UnifoRn Comnerdal Code,to secure an obligation incurred for the construction of an improvemeM on land,indudin�the acquisition costs of land. This Deed of Trust sea�res a construction loan,and it will be subject to the terms of a construction loan agreemerrt between rantor and Lender. My materials,equipmem or supplies used or irrtended for use in the construction, developmerrt,or operation of the Property,whether siored on or off the Pro rty,shall also be subject to ihe lien of this Deed of Trust, and Grarrtor,or Grarrtor's corrtractor if loan proceeds are paid to such coniractor, shall app�y the loan proceeds to the paymerrt of lawful daims for Iabor and material fumished for such construcdon. 38. WAIVER OF HOMESTEAD AND OTHER EXEMPTIONS. Grantor hereby waives all homestead and other exempNons in the Property to which Grantor would othervvise 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 adaiowledges that Grarrtor has read,understands,and agrees to the tertns and conditions of this Deed of Trust,and acknowledges receipt of an exact copy of same. Dated this 3 0 th day of July, 19 9 9 GRANTOR: GRANTOR: �, � <�'�---��"_ BRY THIIR GRANTOR: GRANTOR: BLYN . AR ANTOR: GRANTOR: GRANTOR: GRANTOR: