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- : . � �y - 38. DEFEASANCE AND RECONVEYANCE BY TRUSTEE. Upon the paymeM and�performance in full of all of the Obtigations,Lender wfll execute and deliver to Orantor those documerrts that may be required to release this Deed of Trust of record. Grantor shall be responsible to pay any cosis of recorda4lon. Upon written request of Lender stating that all sums'secured hereby have been paid and upon surrender of thia D�ed of Trust and any note to Trustee for cancellaUon and reterrtion and upon payment�y Lender of Ttustee's fees,Truatee shail reconvey to Lender,or the person or persons legally erniUed thereto,wNhout warrenty,eny portion of said premisea ttien held hereunder. The recitais In such reconveyance of any mariers or facts shall be condusive proof of the truthfulness thereof. The grantee in any recorneyance may be described as"the person or persons legally emRled thereto". •� . � 39. CONSTRUCTION LOAN. ❑ This Deed of Trust(s a constriiction mortgage under the Uniform Commercial Code,to secure an obligation incurred for the canstrucNon of an improvemern on land,induding ihe aoqiiisitlon costs of land. This Deed of Trust secures a construction loan,and it will be subject to the terms of a construction loan agreemerrt between Grantor arid Lender. My materials,equipmerrt or supplies used or imended for use in the construction, developmerrt, or operatlon of the Propehy,whether stored on'o.r off the Pro rry, shall also be subject to the Ifen of this Deed of Trust, and Grantor,or Grantor's contractor if loan proceeds are paid to such coMraCtoF, ahall appPy the loan proceeds to ihe paymem of lawful daims for labor and material fumished for such oonstruc4lon. ' �.; ,j , , �� >,,� 40. WAIVER OF HOMESTEAD AND OTHER EXEMP710NS. Grantor hereby waives all homestead and other exemptions in the Property to which � Grantor would otherwfae be emitied under any applicable Iaw. � 41. JURY TRIAL WAIVER. GRANTOR HEREBY WAIVES ANY RIGHT TO TRIAL BY JURY IN ANY CIVIL ACTION ARISIN(i OUT OF,OR BASED � UPON,THIS DEED OF TRUST. 42 ADDITIONAL TERMS: ~ Q Grarrtor aclviowledges that Grantor has read,undetstands,and agrees to the terms and con�tions of this Deed of Trust,and admowledges recelpt of an exact copy of sart�e. Dated this 03 rd day of February, 19 9 8 i . , , , . ,, , ' ' 1 . � -� . , , , _ , . , ._ , � . _ GRANTOR: _ � . ' (3RANTOR: C/�L/ �•� /� r .�� , , _ _ , . WILLIAM F HICRffi�i G H: ;.. _ , �GRlWTOR: ..„ . . Y S. IC .. . G . ORANTOR: GRANTOR: GRANTOR: . ..� ... NEOOTE Rw.297 �