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� � � 99 109200 <br /> 36. D�FEASANCE AND RECONVEYANCE BY TRUSTEE. Upon the paymern andperfomiance in full of all of the Obligations,Lender will execute and <br /> deliver to Grentor those documents that may be required to release this Deed of Trust of record. Grantor shall be responsible to pey any costs of <br /> ' recadation and an reoonveyance fee charged by Trustee. Upon written request of Lender stating that all sums secured hereby have been paid and u <br /> suRender of this.�eed of Trust and any note to Trustee for cancellation and retention and uPon paymern by Lender of Trustee's fees, Tn�stee �ll <br /> reconvey to Lender,or ihe person or persons legally ernitled thereto,without warrar►ty,any portion of said premises then held hereunder. The recitals in <br /> such reconveyanoe of any matters or facts shall be condusive proof of the truthfulness thereof. The grantee in any reconveyance may be described as"the <br /> person w persons legally eMitled thereto". <br /> 37. CONSTRUCTiON LOAN. ❑ This Deed of Trust is a construction mortgage under the Uniform Commercfal Code,to secure an obligation incuned for <br /> the construction of an improvement on land,induding the acquisftion costs of land. This Deed of Trust secures a construction loan,and h will be subject to <br /> the tertns of a construction loan agreement between Grantor and Lender. Any materiats,equipmerrt or supplies used or intended for use in the construchon, <br /> 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 Gramor,or <br /> Grarna's comractor if loan proceeds are paid to such contractor, shall appPy the loan proceeds to the payment of lawful daims for labor and material <br /> fumished for such'constniction. <br /> 38. WAIVER OF HOIIAESTEAD AND OTHER EXEMPTIONS. Grarnor hereby waives all homestead and other exemptions in the Property to which <br /> Gramor would otherwise be entNled under any applicable Iaw. <br /> �. JURY TRIAL WAIVER. GRANTOR HEREBY WAIVES ANY RIGHT TO TRIAL BY JURY IN ANY CIVIL ACTION ARISING OUT OF,OR BASED <br /> UPON,THIS DEED OF TRUST. <br /> 40. ADDITIONAL TERMS: <br /> / <br /> Grantor admowledges that Gramor has read,understands,and agrees to the terms and conditions of this Deed of Trust,and acknowledges receipt of an <br /> exact copy of same. <br /> Dated this l0 th day of Auqus t, 19 9 9 <br /> GRAN GRANTOR: <br /> . <br /> d�- .�•. <br /> ROBSRT I. JIINKBR <br /> GRANTOR: GRANTOR: <br /> � <br /> BECKET S. JONIC�R <br /> GRANTOR: GRANTOR: <br /> GRANTOR: GRANTOR: <br /> , <br /> NEDOTE Rw.t?/97 ..___._,� <br />