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200202884 36. PRESERVATION OF LIABILITY AND PRIORITY. Without affecting the liability of Borrower, Grantor, or any guarantor of the Obligations, or any other person (except a person expressly released in writing) for the payment and performance of the Obligations, and without affecting the rights of Lender with respect to any Property not ex .asly releasetl in writing, and without impairing in any way the priority of this Deed of Trust over ether before or after interest maturity oaf the acquired Obligations. first evidenced wah notice or Consent subsequent release any recording of for is y ent 0, performance formance ofaell payment or any part of the Obligations; make any agreement altering the terms of payment or performance of all or any part of the Obligations; ...role. or retrain from exercising or waive any right or remedy that Lander may have under the Deed of Trust accept additional security of my kind for any of the Obligations: or release or otherwise deal ith any real or personal property securing the Obligations. Any person acquiring or recording evidence of any interest of any nature in the Property shall be deemed, by acquiring such interest or recording any evidence thereof, to have consented to all or any such actions by Lander. 36. DEFEASANCE AND RECONVEYANCE BY TRUSTEE. Upon the payment and performance in bull of all of the Obligations. Lender will cute and deliver to Grantor those documents that may be required to release Una Deed of Trust of record. Grantor shall be responsible to pay any costs of r .... Orion and any reconv.yance 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 retsmsey to Lender, or the person or persons legally entitled thereto, without warranty, any portion of said premises then held hereunder. The recitals in such reconveyince 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 Cede, 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 Grantor and Lender. Any materials, equipment or supplies used or intended 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 Grantor's contractor if loan proceeds are paid to such contractor, shall apply the loan associate to the payment of lawful claims for labor and material furnished 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. 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 Dead of Trust and asinowletlges receipt of an exact copy of same. Dated this 11th day of Feabraar,, 2002 GRANrOA ry GRANTOR: TED NERITHEW GRANTOR: GRANIGR: �x__9 � � S Y _ _ A�I�.Y l✓Crli" _ NAAY E EN EITHER GRANTOR GRANTOR GRANT)R. GRANTOR: bl.0Il trn ins. ills 1'.1.1s