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- � , s 99 108135 36. DEFEASANCE AND RECONVEYANCE BY TRUSTEE. Upon the paymerrt and�performance in full of all of the Obligations,Lender will execute and 'deliver to Grantor those documents that may be requirec)to release this Deed of Trust of record. Grantor shall be responsible to pay any costs of recordation and any recorneyance fee�arged by Trustee. Upon wririen 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 reterrtion and upon payment by Lender of Trustee's fees, Trustee shall recorney to Lender,or the person or persons legaity errtitled thereto,wilhout warranry,any porton of said premses then held hereunder. The recitals in such reconveyance of any matters or facts shall be condusive proof of the truthfulness thereof. The grantee in any reconveyance may be described as"the person or persons legally errtitled thereto". 37. CONSTRUCTION LOAN. ❑ This Deed of Trust is a construction mortgage under the Uniform Cormieraal Code,to secure an obligation incurred for the construction of an improvement on land,induding the acquisition costs of land. This Deed of Trust secures a construction loan,and i1 will be subject to ihe terms of a construction loan agreemerrt between Grantor and Lender. Any materials,equipmerrt or supplies used or irrtended for use in the constructlon, development,or operation of the Property,whether stored on or off the Property,shall also be subject to the lien of this Deed of Trust,and Grarrtor, or Grantor's oorrtraclor rf loan proceeds are paid to such corrtractor, shall appry the loan proceeds to the payment of lawful daims for labor and material fumished for such construction. 38. WAIVER OF HOMESTEAD AND OTHER EXEMP110N3. Grarnor hereby waives all homestead and other exemptions in the Property to which Grantor would otherwise be entiUed 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 admowledges that Grarrior has read,understands,and a�ees to the temis and conditions of ihis Deed of Trust,and acknowledges receipt of an exact copy of same. Datedthis 24th �yof April, 1999 GRANTOL%�� GRANTOR: �. CHRIS M. MARLER GRANTOR: GRANTOR: SHAWNA L. MARLER ' GRANTOR: GRANTOR: GRANTOR: GRANTOR: NEDOTE Rw.1297 ^---��