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99 10919 '7 3�. DEFEASANCE AND RECONVEYANCE BY TRUSTEE. Upon the payment and performance in full of all of the Obligations,Lender will execute and deliver to Grantor those documents that may be required to release this Deed of Trust of record. Grantor shall be responsible to pay any costs of recordation and any recorneyance fee charged by Trustee. Upon written request of Lender stating that all sums secured hereby have been paicJ and u n surrender of this Deed of Trust and any note to Trustee for cancellation and retention and upon paymer� 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 then held hereunder. The recitals in such reconveyance of any matters or facts shall be condusive proof of the iruthfulness thereof. The grarrtee in any reconveyance may be described as"the person or persons legally errtitled ihereto". 37. CONSTRUCTION LOAN. ❑ This Deed of Trust is a construction mcrtgage under the Uniform Commeraal Code,to secure an obiigation 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 terms of a construction loan agreement between Grantor and Lender. My 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 rf loan proceeds are paid to such coMractor, shall apply the loan proceeds to the payment of lawful claims for labor and material � fumished for such construction. i 38. WAIVER OF HOMESTEAD AND OTHER EXEMPTIONS. Grantor hereby waives all homestead and other exemptions in the Property to which Grarnor would otherwise be entitled 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. I 40. ADDITIONAL TERMS: i � Grantor acknowledges that Grantor has read,understands,and agrees to the terms and wnditions of this Deed of Trust,and aclviowledges receipt of an exact copy of same. Dated this 3 0 th day of July, 1999 GRANTOR: / / GRANTOR: � %'v. ��il�GvE.� ROBI3RT W LABART, JR. GRANTOR: GRANTOR: GRANTOR: GRANTOR: IGRANTOR: GRANTOR: 1 NEDOTE Rev.1297 Pape 5 of 6 � �