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99 111495 36. DEFEASANCE AND RECONVEYANCE BY TRUSTEE. Upon the payment and perfomiance 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 Trustee's fees, Trustee shall reconvey to Lender, or the person or persons legally entitled ihereto,without warranty,any portion of said premises then held hereunder. The recitals in � such reconveyance of any matters or facts shall be conclusive 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 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 terms of a construction loan agreement between Grarnor and Lender. My materials,equipment or supplies used or intended for use in the consiruction, development, or operation of the Property,whether stored on or off the Prop rty, 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 apply the loan proceeds to the payment of IawfuF 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 Grantor would otherwise be entitled under any applicable law. �. JURY TRIAL WAIVER. GRANTOR HEREBY WAIVES ANY RIGHT TO TRIAL BY JURY IN ANY CIVIL ACTION ARISING OUT OF,OR BASED UPON.TH18 DEED OF TRU8T. ' 40. ADDI110NAL TERMS: Grantor acknowledges thal Grantor has read,understands,and agrees to the terms and conditions of this Deed of Trust,and adviowledges receipt of an exact copy of same. Dated this 2nd day ofNovember, 1999 ' GRANTOR: / GRANTOR: � � ��, � _— — C THIA R GORMAN GRANTOR: GRANTOR: GRANTOH: GRANTOR: GRANTOR: GRANTOR: NEDOTE Rev.1297 Page 5 of 6 �_