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. 99 10950� 36. DEFEASANCE AND RECONVEYANCE BY TRUSTEE. Upon the paymern and�erformence in full of all of the Obtlgations,Lender will execute and deliver to Grarrtor those documerrts that may be required to release this Deed of Trust of record. Grantor shall be responsible to pay any costs of recordation and any reconveyance fee chazged by Tn�stee. 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 paymerrt by Lender of Trustee's fees, Trustee shall recorney to Lender,or the person or persons legally errtitled thereto,without warrarrty,any portion of said premises then held hereunder. The reatals in such reconveyance of any matters or facts shall be condusive proof of the truthfulness thereof. The graMee in any reconveyance may be described as"the person or persons legally errtitled thereto". 37. CONSTRUCTION LOAN. ❑ This Deed of Trust is a construcifon mortgage under the Uniform Cormierdal Code,to secure an obligation Incurred for the construclion of an improvemerrt 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 agreemerrt between Grantor and Lender. My materials,equipmem 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 Grarrtor,or GraMor's corrtractor rf loan proceeds are paid to such contractor, shall appry the loan proceeds to the paymerrt of lawful daims for labor and material tumished for such construction. 98. WAIVER OF HOMESTEAD AND OTHER EXEMPTIONS. Grantor hereby waives all homestead and oiher exemptions in the Property to which GraMor would otherwise be entRled under any applicable Iaw. 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 adviowledges that Grarnor 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 23rd dayof Auquat, 1999 GRANTOR: GRANTOR: -�,�- �-�„� ORE G. THOMPSON GRANTOR: GRANTOR: IFgR . THO P N GRANTOR: GRANTOR: GRANTOR: GRANTOR: � i NEDOTE Rev.iZ97 Papa6d6