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� �� . � � 9� ioszos � 96. DEFEASANCE AND RECONVEYANCE BY TRUBTEE. Upon the payrt�nt and_performence fn full of all of the Obligations,Lender will execute and deliver to Grantor those documerrts that may be required to release this Deed of Trust of record. Grantor shall be responsible to pay any costs of reoordation and any reconveyance fee charged by Truatee. Upon written request of Lender stating that all sums secured hereby have been paid and u n surrender of this Deed of Trust and any note to Trustee for cancellaUon and retentfon and up n payment by Lender of Trustee's fees, Trustee s�hall reoorney to Lender,or the pe�son or persons legally entitled thereto,wktwut warranty,any p�rlion of safd premises then held hereunder. The recitals in such recorneyance of any matters or facts shall be condusive proof of the tnrthfulness thereof. The�arrtee 7n any recorneyance may be described as"the person or persons legally errtkled thereto". 37. CONSTRUCTION LOAN. ❑ This Deed of Trust is a construction mortgage under the Uniform Cortrnerdal Code,to secure an obliga�on incurred for the construction of an improvemerrt on land,induding the acquisition costs of land. This Deed of Trust secures a construction loan,and it will be subject to the temis of a construction loan agreemerrt between Grantor and Lender. My materials,equipmerrt or suppiles used or irrtended for use in the construction, developmerrt,or operation of the Property,whether stored on or off the Pro shall also be subject to the Ilen of this Deed of Trust,and Grarrtor,or Grarrtors oontractor if loan prooeeds are paid to such corrtractor, shall the loan proceeds to the paymerrt of Iawful dalme for labor and material fumished for such construction. 98. WAIVER OF HOMESTEAD AND OTHER EXEMP110N8. Grantor hereby wa(ves all homestead and other exemptions in the Property to which Grarrtor would otherwise be errtRled under eny appiicable law. �. JURY TRIAL WAIVER. GRANTOR HEREBY WAIVES ANY RIGHT TO TRIAL BY JURY IN ANY CIVIL ACTION ARI8ING OUT OF,OR BASED UPON�THIS DEED OF TRUST. 40. ADDI710NAL TERMS: GraMor admowledges that GraMor has read,understands,and agrees to the tem�s and conditions of this Deed of Trust,and adviowledges receipt of an e�cact copy of same. Datedthis lst dayof July, 1999 GRANTO . GRANTOR: ROG TS N GRANTOR: GRANTOR: THORTON GRANTOR: GRAN7�OR: GRANTOR: GRANTOR: NEDOTE Rw.t?/97 Pap�b d 6