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. � 99- scxs��i 36. DEFEASANCE AND RECONVEYANCE BY TRUSTEE. Upon the payment andpe rformance in full of all of the Obiigations,Lender wiil execute and deliver to Grantor those documents that may be required to release this Deed of Trust of record. Grantor shall be responsibie to pay any costs of recordation and any reconveyance fee charged by Trustee. Upon written 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 retention and upon payment by Lender of Trustee's fees, Trustee shall reconvey to Lender,or the person or persons legally entitled thereto,without warranty,any portion of satd prerr�ses then held hereund The recitals in such reconveyance of any matters or facis shali be conclusive proof of the truthfulness thereof. The grantee in any reconveyance may t�e�scribed as"the person or persons legally entitled thereto". ( 37. CONSTRUCTION LOAN. ❑ This Deed of Trust is a construction mortgage under the Uniform Commercial Code,to secure an obligation incurred for the construction of an irr�xovement on land,including the acquisition costs of land. This Deed of Trust secures a construction loan,and it will be subject to the terms of a construclion loan agreement between Grantor and Lender. Any materials,equiprnent or supplies used or intended for use in the construction, development, or operation of the Property,whether stored on or off ihe Pro rty, 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 contractor, shall app�y the loan proceeds to the payment of tawful claims for labor and materiat fumished for such construction. 38. WAIVER OF HOMESTEAD AND OTHER EXEMPTIONS. Grantor hereby waives all homestead and other exemptions in the Property to which Grantor wouid otherwise be entitled under any applicabie 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,and acknowledges receipt of an exact copy of same. Datedthis 31st dayof August, 1999 GRANTOR: � GRANTO : < HELEN �. BICKFORD GRANTOR: GRANTOR: t Jo� � RzvEx�, GR TOR: GRANTOR: ��.,�c�'w GRANTOR: GRANTOR: