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, . . - �9 �08140 96. DEFEASANCE AND RECONVEYANCE BY TRUSTEE. Upon the paymerrt andperfom�ence fn full of all of the Obligations,Lender wiil execute and de0ver to (3rantor those documerits that may be required to release this Deed of Trust of record. Grantor shall be responsible to pay any costs of recordatlon and any recorneyance fee charged by Trustee. Upon wrinen request of Lender stating that all sums seaued hereby have been psid 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 reoorney to Lender,or the person or persons legally entitled thereto,wtthout waRanty,any portion of said premises then held hereunder. The recitals in such recorneyance of any matters or facts shall be condusbe proof of the truthiulness thereof. The grarrtee�n any tecorneyance may be described as"the pe�son or persons legally eMfUed thereto". 37. CONSTRUCTION LOAN. ❑ This Deed of Trust Is a construction mortgape under the Uniform Comrr�rdal Code,to secure an obligation incurred for the construction of an Improvemerrt on land,indudin the acquisition oosts of land. This Deed of Trust secures a oonstruction loan,and it will be sub�ect to the terms of a consVuction loan agreemerrt between�rantor and Lender. My rnaterials,equipmerrt or suppfles used or irrtended for use in the construcNon, development,or operatbn of the Property,whether stored on or off the P rty,shall also be sub�ect to the lien of this Deed of Trust,and Grarrtor,or Grantor's corrtractor ff loen proceeds are paid to such coMractor, shall ap�p�y the loan proceeds to the paymertt of Iawtul dalms for labor and material fumished for such construction. 98. WAIVER OF HOMESTEAD AND OTHER EXEMP710NS. Grarrtor hereby waives all homestead and other exemptions in the Property to which C3rantor 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. ADD1110NAL TERMS: Grantor admowledges that Grantor has read,understands,and agrees to the tem�s and wnditions of this Deed of Trust,and ac�owledges reoeipt of an exact copy of same. Dated this 8 th day of July, 199 9 GRIW�OR: GRANTOR: CHARLB C. DONNI3R GRANTOR: GRANTOR: PATR CIA S. DONNSR ORANTOR: GRANTOR: GRANTOR: GRANTOR: NEDOTE Rw.t�i7 Pp�6 d 8