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�� 99 109�$� 36. 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 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 Trusiee's fees, Trustee shall recorn�ey to �ender, or the person or persons legally entitled thereto,without warranty, any portion of said premises then held hereunder. The recitals in suct�reconveyance of any matters or facts shall be conclusive proof of the truthfulness thereof. Tne grantee in any reconveyance may be described as"the person or persons legally entitled thereto". 37. CCSNSTRUCTION LOAN. I This Deed of Trust is a construction mortgage under the Uniform Commercial Code,to secure an obiigation incurred for the cor�struction of an improvemeni on land,including the acquisition costs of land. This Deed of Trust secures a consiruction loan,and it will be subjeci to tne terrns of a construction loan acreement between Grantor and Lender. Any materials,equipment or suppiies used or intended for use in the consiruciion, develcpment, or operation of the Property,whether stored on or off the Property, shall also be subject to the lien of ihis Deed of Trust, and Grantor, or Grantor's contractor if loan proceeds are paid to such contractor, shall apply the loan proceeds to the payment of lawful claims for labor and material furnished for such construction. 38. W.AIVER OF HOMESTEAD AND OTHER EXEMPTIONS. Grantor hereby waives all homestead and other exemptions in ihe Property to which Grantor would otherwise be entitled under any applicable law. 39. JU�tY 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, understa�ds, and agrees to the terms and conditions of this Deed of Trust, and acknowiedges receipt of an exact copy of same. Datedihis 27th dayof August, 1999 NTOR��'� _�� GRANTOR: � __ _ � -- __ _ __ -_ _ R E. ROLAND i OR: GRANTOR: C�� '__ _ _ __ _ __ --_ ----- . __. ---- __— ---- S SAN C. ROLAND GRAN i OH: GRANTOR: GRAN�OR: GRANTOR: � tiGnnT� Ra� i��4� Pa�le5of6