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99 110671 36. DEFEASANCE AND RECONVEYANCE BY TRUSTEE. Upon the paymern andperformance in full of all of the Obligations,Lender will execute and deliver 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 wririen request of Lender stating that all sums secured hereby have been paid and upon sunender of this Deed of Trust and any note to Trustee for cancellation and reteMion and upon payment by Lender of Trustee's fees, Trustee shall reconvey to Lender,or the person or persons legally entitled thereto,without warranty,any portion of said premses then held hereunder. The recitals in such recorneyance of any matters or facts shall be condusive proof of the truthfulness thereof. The grantee 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 Cormiercial Code,to secure an obligation incurred for the construction of an improvement on land,induding the acquisition costs of Iand. 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. Any materials,equipmerrt or supplies used or iniended 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 Grantor, or Gramor's corrtractor rf loan proceeds are paid to such contractor, shall apply the loan proceeds to the payment of lawful daims for labor and material fumished for such consiruclion. 38. WAIVER OF HOMESTEAD AND OTHER EXEMPTIONS. Grantor hereby waives all homestead and other exemptions in the Property to which Grarnor would otherwise be emitled 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 adviowledges that Grantor 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 lst dayof October, 1999 GRANTOR: GRANTOR: 0��,�,w.,,�-9 fi�- � THOMA5 F. MOLACEK, JR. GRANTOR: GRANTOR: � �� , 1c (L ' v�. �� C � RRI T$ L. MOLACgK GRANTOR: GRANTOR: GRANTOR: GRANTOR: . NEDOTE Rev.i297 Pape 5 d 6