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� ~ � 99 108139 38.,DEFEASANCE AND RECONVEYANCE BY TRUSTEE. Upon the payment and�perfomience in full of all of the Obligations,Lender will execute and deliver to GraMor those documerrts that may be required to release this Deed of Trust of record. Grantor shall be responsible to pay any costs of recadation and any reoonveyance 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 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 entitled thereto,without waRanty,any portion of said premses then held hereunder. The reatals in such recorneyance of any matters or facts shall be condusive proof of the tnrihiulnesa thereof. The grarrtee fn any reconveyance may be described as"the person or persons legally errtRled thereto". S7. CONSTRUCTION LOAN. ❑ This Deed of Trust is a construcNon mortgage under the Uniform Corm�erdal Code,to secure an obligation incurred fw the construction of an improvem�rd on land,Induding the acquisftion costs of land. This Deed of Trust sea�res a construcllon loan,and it will be subject to the terms of a construction loan agreement between Grantor and Lender. My materials,equipmerrt or supplies used or irrtended for use in the construction, developmerrt,or operation of the Properry,whether stored on or off the Pro rry,shall also be subject to the lien of this Deed of Trust,and Grarrtor,or Grantor's corrtractor if loan proceeds are paid to such corrtractor, ahall appPy the losn proceeds to the paymerrt of lawful dalms for labor and material fumished br such construcUon. 98. WAIVER OF HOMESTEAD AND OTHER EXEMPTIONS. Gramor hereby walves all homestead and other exemptfons in the Property to which Grantor would otherwise be errtitled 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. ADD1710NAL TERMS: Grantor aclviowledges that Grantor has read,understands,and agrees to the terms and conditions of this Deed of Trust,and adviowledges receipt of an exact copy of same. Datedthis 12th dayof July, 1999 G (3R/WTOR: C�..� RHBTT M. MARTIN GRANTOR: GR/WTOR: �'�11Li1�'� `�1C� �,�Il CIiRI3TINA L.�� GRANTOR: GR/WTOR: GRANTOR: GRANTOR: NEDOTE Hev.t?/97 Papa6d8