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38. DEFEASANCE AND RECONVEYANCE BY TRUSTEE. Upon the paymern and performance in full of all of the Obligations,Lender will execute and deliver to Grantor those documerns that may be required to release this Deed of Trust of record. Grantor shall be responsible to pay any costs of recordation.,Upon written request of Lender statfng that all sums secured hereby have been paid end upon surrender of this Deed of Tnist and any note to Trustee for cancellation and reterrt(on and upon paymerrt by Lender of Trustee's fees,Trustee shall reconvey to Lender,or the person or persons lesaally entitled thereto,wfthout warranty,anY Portior►of said premfses then held hereunder. The recitals in such reconveyance of any matters or facts shalf be condusNe proof of the tnithfulness thereof. The�arrtee�n any recorneyance may be desrxibed as"the person or persons legally entiUed thereto". 39. CONSTHUCTION LOAN. ❑ This Deed of Trust is a construcdon mongage under the Uniform Coimierdal Code,to secure an obligation incurred for the construction of an Improvement on land,fndudin the aoquisftion costs of land. This Deed of Trust secures a construction loan,and it will be subject to ihe temis of a constniction loan agreemecrt belween�rantor and Lender. My materials,equfpment or suppiles used or intended for use in the oonstruction, developmerrt, or operation of the Property,whether stored on or off the Pro rty,shall also be subject to ihe lien of this Deed of Trust, and Grantor,or Grarrtor's corriractor if loan proceeds are paid to such coniraclor, shall appPy the loan proceeds to the paymern of Iawful daims fo�labor and material � fumished for such oonstruction. �p OF HOMESTEAD AND OTHER EXEMPTIONS. Grarnor hereby wafves all homestead and other exemptions fn the Property to which ' 40. WAIVER i�e Iaw. M Grantor would otherwise be entitled under any appl 41. 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. � N 42 ADDITIONAL TERMS: W Grarrtor adviowledges that Grarnor has read,understands,and agrees 10 the terms and condftions of ihis Deed of Trust,and acknowledges receipt of an exacl copy of same. Datedthis 21st dayof January, 1998 GRANTOR: GRANTOR: � NA H. PIITNAM GRANTOR: GRANTOR: ,��n� AN LA . PIITNAM GRANTOR: GRANTOR: GRANTOR: GRANTOR: