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99- �,��a1 36. DEFEASANCE AND RECONVEYANCE BY TRUSTEE. Upon lhe payment and rformance in full of all of the Obligations, Lender will execute and de,liver to Grantor ihose docurnents that may be required 10 release ihis Deed of rust of record. Grantor shall be responsibie to pay any cosis oi recordalion and any reconveyance fee charged by Trustee. Upon written request of Lender stating that all sums secured hereby have been paid arid iipon surrender of this Deed of Trust and any note to Trustee for cancellation and retention and uPon paymeni by Lender of Trustee's fees, Trustee shall reconvey to Lender, or the person or persons legally entitled thereto,without warranty, any portion of said premises ihen held herei.ander. The recitals in such reconveyance of any matlers or facts shall be conclusive proof of ihe trulhfulness thereof. The grantee in any reconveyance may be described as"tYie person or persons legally entitled thereto". 37. CONSTRUCTION LOAN. � _ I, This Deed of Trust is a consiruction mortgage under the Uniform Commercial Code,to secure an obliqation incurred for the construction of an improvement on land,including the acquisition cosis of land. This Deed of Trust secures a consiruction loan,and it will be siabject to the terms of a consiruction loan agreement between Grantor and Lender. Any materials,equipment or supplies used or irrtended for use in the construction, development, or operation of the Property,whether stored on or off the Property, shall also be subject to the lien of this Deed of Trust. and Grantor, or Grantor's contractor if loan proceeds are paid to such coniractor, shall apply the loan proceeds to the payment of lawful claims for labor and material furnished for such consiruction. 38. WAIVER OF HOMESTEAD AND OTHER EXEMPTIONS. Grantor hereby waives all homestead and other exemptions in ihe Property to which Grantor would otherwise be enlitled 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. ADDITIONAL TERMS: Grantor acknowledges that Grantor has read, understands,and agrees to the terms and conditions of this Deed of Trust,arid acknowledges receipt of an exact copy ot same. Datedlhis 15th dayof July, 1999 GRANTOR: GRANTOR: _ __ - -��-' - - _ __ _ _ _ - MAYHEW GR T , GRANTOR: _ _ _ _ _ _ i _ _ _ _ _ __ _ . _ - _ _ --- -__ _ AMY L YHE GRANTOR: GRANTOR _ _ _ _ _ _ _ GRANTOR: GRANTOR: _ _ _ __ __ _ __ _