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200206869 35. PRESERVATION OF LIABILITY AND PRIORITY. Without Placing the liability of Borrower, Grantor, or any guarantor of the obligations, or any other person To ire et a person expressly released in vi l for the payment antl performance of the Obligations, antl wiNuut affecting the righm of Lender with respect to any Property not expressly released in writing, and without Impairing In any way the priority of this Dead of Trust over the interest of any person acquired or firs[ evidenced by recording subsequent to the recording of this Deed of Repair Lender may, either before or after the maturity f the Obligations, and without notice or consent: release any person liable for payment or performance of all or any part of the Obligations, make any agreement ahering the terms OI payment or performance of all or any part of the Obligations mares, or refrain from eaeralsing or waive any right or remedy that Lender may have under the Dead of Trust; accept additional security of any kind for any of the Obligations; o release otherwise deal with any 9 or personal property a cu n nO the Obligations. Any person av uiunq or recording evidence t of any in of any nature In the Property shall be deemed, by acquiring such attract or recording any evidence IhereoL to hae consented to all or any such action, by Lender. 36. DEFEASANCE AND RECONVEYANCE BY TRUSTEE. Upon the payment and performance in full of all of the obligations, Lender will execute and deliver to Grantor those documents that may be required to release this Dead of Trust of record. Grantor shall be responsible to pay t any costs of recordation and any recd ..ence fee charged by record Upon written par u men of Lender stating that all sums secured her s by have been said 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 been Trustee shall re vey to Lender, or the person or persona legally ennead thereto . without warranty, any portion of said premises then held hereunder. The re tale in such co v y ce of any matters r facts shall be Annulments proof m me truthfulness thereof. The grantee m any reconveyenee may be descrmea aan ^the person or persons entitled thereto^. 37. CONSTRUCTION LOAN, 1 This Dead of Trust is a construction mortgage under the Uniform Commercial Code, to dom a an obligation red for the construction o an improvement on Tana, 'including the succu ent costs of land. This peed of Trust secures a constructon loan, endit will be subject to the terms of construction loan agreement between Grantor and Lender. Any materials, equipment or supplies used o Intended for Re in the construction, development or uperahon of the Property, whether stored o 0 oft the Parody, shall also be subject to the lien of this Deed of Trust, aN Grantor, Grantor's contractor loan proceeds are paid to such contractor, shall apply the loan Proceeds 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 "Wien Grantor would otherwise be entitled under any applicable law. 3B. 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. 60. ADDITIONAL TERMS Grantor acknowledges that Gra,mr bas read, understands, and agrees to the terms and conditions of this Deed of Trust, and acknowledges receipt of an exact copy of same, Dated this 19th day of April 2002 GRANTOR: ' f y/ GRANTOR. ji� 7L JOHN C. ANDERSON GRANTOR r /. NICHE L LEr�BON CG X_yk GRANTOR, GRANIOR. GRANTOR. GRANTOR'. GRANTOR: