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-----� 99 110 ?s8 36. DEFEASANCE AND RECONVEYANCE BY TRUSTEE. Upon the payment and performance in full of all of 1he Obligations,�ender will execute and deliver to Grarrtor those documems that may be requfred to release this Deed of Trust of record. Grarnor 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 Trustee's fees, Trustee shall reconvey to Lender,or the person or persons legally emitled thereto,without warranty,any portion of said premses then held hereunder. The recitals in such reconveyance of any matters or facts shall be condusbe proof of the truthfulness thereof. The grarrtee in any reconveyance may be described as"the person or persons legally entitled thereto". 37. CONSTRUCTION LOAN. ❑ This Deed of Trust is a construction mortgage under the Uniform Commercial Code,to secure an obligation incurred for the construction of an improvement on land,including 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 agreement between GraMor and Lender. My materials,equipment or supplies used or irrtended for use in the construction, development, or operation of the Properry,whether stored on or off the Pro rty, 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 contractor, shall appf y the loan proceeds to the payment of lawful claims for labor and material fumished for such construction. 38. WAIVER OF HOMESTEAD AND OTHER EXEMPTIONS. Grantor hereby waives all homestead and other exemptions in the Property to which Grarnor would otherwise be errtitled 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. 40. ADDITIONAL TERMS: Grantor acknowledges that Grantor has read,understands,and agrees to the terms and conditions of this Deed of Trust,and acknowledges receipt of an e�cact copy of same. Datedthis 24th dayo8eptember, 1999 GR T R: �i . / GRANTOR: r '--- �� $SVERLY M. AIILICK GRANTOR: GRANTOR: GRANTOR: GRANTOR: GRANTOR: GRANTOR: NEDOTE Rev.12197 Pape 5 of 6