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__ 99 io9s � i 36. DEFEASANCE AND RECONVEYANCE BY TRUSTEE. Upon the payment andperfomrance in full of all of ihe Obligations,Lender will execute and deli�er to Grantor 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 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 reterrtion and upon payment by Lender of Truslee's fees, Trustee shall reconvey to Lender,or the person or persons legally entitled thereio,without warranty,any portion of sa�d premses then held hereunder. The recitals in such reconveyance of any mariers or facts shall be condusive proof of the truthfulness thereof. The grantee in any recorneyance may be described as"the person or persons legally eMitled thereto". 37. CONSTRUCTION LOAN. ❑ This Deed of Trust is a construction mortgege under the Uniform Comrriercial Code,to secure an obligation incuRed for the construction 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 temis of a construction loan agreemeM between Grantor and Lender. Any materials,equiprnerrt or supplies used or irrtended for use in the construction, developmerrt, or operation of the Property,whether stored on or off the Pro�erty,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�ly the loan proceeds to the payment of lawful claims for labor and material fumished for such construction. 38. WAIVER OF HOMESTEAD AND OTHER EXEMP110NS. Grantor hereby waives all homestead and other exemptions in the Property to which Grantor would otherwise be entitled under any applicable law. 39. JURY TRIAL WAIVER. GRANTOR HEREBY WAIVES ANY RIGHT TO TRIAL BY JURY IN ANY CIVIL ACT10N ARISING OUT OF,OR BASED UPON,THIS DEED OF TRUST. 40. ADDITIONAL TERMS: Grantor adviowledges that GraMor 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 30th dayot48ptember, 1999 GR TOR: GRANTOR: l � � Y J. S � GRANTOR: GRANTOR: GRANTOR: GRANTOR: GRANTOR: GRANTOR: ■ NEDOTE Rw.t?l�J7 Pape 5 d 6