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gg-i!C�8552 38. DEFEASANCE AND RECONVEYANCE BY TRUSTEE. Upon the payment andperformance in full of all of the Obligations,Lsnder will execute and deliver to Grantor those documerns that may be required to release this Deed of Trust of record. Grantor shall be responsible to pay any costs of recordstlon and any reconveyance fee charged by Trustee. Upon written request of Lender stating that all sums secured hereby have been paid and upon suRender of this Deed of Trust and any note to Trustee for cancellation and retentlon and upon paymerrt by Lender of Trustee's fees, Trustee shall reconvey to Lender,or the person or persons legally entftled thereto,without warranty,any port�on of sald premises then held hereunder. The reatals in such reoonveyanoe of any matters or facts shall be condusive proof of the truthfulness thereof. The grantee in any reoonveyanoe may be described as"the person or persons legally errtilled thereto". 37. CONSTRUCTION LOAN. ❑ This Deed of Trust is a constructlon mortgage under the Uniform Corrmeraal 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 it will be subject to the tertns of a construction loan agreement between Grantor and Lender. Any materials,equiprnerrt or supplies used or irrtended for use in the construction, development,or operation of the Property,whether stored on or off the Pro rty, shall also be subject to the lien of this Deed of Trust, and Grarrtor, or Grantor's contractor rf loan proceeds are paid to such coMractor, shall app�y the loan proceeds to ihe paymerrt of lawful claims for labor and material fumished for such constructlon. 98. WAIVER OF HOMESTEAD AND OTHER EXEMP110NS. Grantor hereby waives all homestead and other exemptions 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 AC710N ARISING OUT OF,OR BASED UPON,THIS DEED OF TRUST. 40. ADDITIONAL TERMS: Grantor adviowledges that Grantor has read,understands,and agrees to the temis and conditions of this Deed of Tn�st,and adviowledges receipt of an exact copy of same. Datedthis 6th dayof Auqust, 1999 � GRANTOR: / GRANTOR: �/ � BRAND L. FRIEDRICKSSN G GRANTOR: B RL GRANTOR: GRANTOR: GRANTOR: GRANTOR: