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99- s�a3�� 38. DEFEASANCE AND RECONVEYANCE BY TRUSTEE. Upon the paymem and perfom�ence in full of all of the Obligations,l.ender will exea�te and deliver to Grantor those documerrts that may be required to release this Deed of 7rust of record. Grantor shall be responsible to pay any oosts of recordation and any recorn+eyance fee charged by Trustee. Upon wrftten 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 retemion and upon paymem by Lender of Trustee's fees, Trustee shall reconvey to Lender,or the person o�persons legally errtitled thereto,without warranry,any portion of saidpremises then held hereunder. The reatals in such recorneyance of any matters or facts shall be condusive proof of the truthfulness thereof. The�arrtee fn any rec;ornreyance may be described as"the person or pe►sons legally errtRled thereto". 37. CONSTRUCTION LOAN. ❑ This Deed of Trust is a consVuctlon mortgage under the Uniform Commerdal Code,to secure an obligation incurred for the construction of an improvement on land,induding the acquisition oosts of land. This Deed of Trust se�x�res a construcdon loan,and ii will be subject to the tem�s of a construction loan agreemerrt between Grantor and Lender. My materials,equipmerrt or supplies 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 lien of this Deed of Trust, and Grarrtor, or Grantor's corrtractor if loan proceeds are paid to such corrtrector, shall y the loan proceeds to the paymem of Iawful daims for labor and material fumished for such construction. 38. WAIVER OF HOMESTEAD AND OTHER EXEMPTIONS. GraMor hereby waives all homestead and other exemptlons in the Property to which Grantor would otherwise be ernitled under any appUceble 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 aclviowledges that Grantor has read,understands,and agrees to the tem�s and wnditions of this Desd of Trust,and adviowledges receipt of an exact oopy of same. Dated this 12 th day of July, 19 9 9 GRANTOR: GR/WTOR: 1� �I I l TH�*Rp M ADAMS GRANTOR: GRANTOR: GRANTOR: GRANTOR: GRANTOR: GRANTOR: ■ NEDOTE Rw.111�7 Pap�6 d 8