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_; , ,,�.. " " ;i�, • - ,,. 38. DEFEASA(�10E ANIlAECONVEYANCE BY TRUSTEE. Upon the paymeM andpertom�ance 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 cosis of recordation. Upon written request of Lender stating that all sums secured hereby have been paid and upon surrender of this Deed of Trust and any no�e to T�ustee for Lancellati0n and retention and upon payment b1��.ender of Tnastee's fees Trustee-shall reconvey to Lender,or the person or persons le��ally errtitled thereto,without warranty,any portion of sa�d premi�s then held hereunder. The recitals in such reconveyance of any matters or facis sha.!be condusive proof of the truthfulness thereof. The grantee in any reconveyance may be described as"the person or persons legally entitied thereto". 39. CONSTRUCTION LOAN. ❑ This Deed of Trust is a'construction mort ge under the Uniform Comrmercial Code,to secure an obligation incurre�for m e the construction of an improvemerrt on land,including the ac:�,uisition costs o land. This Deed of Trust secures a construction loan,and it will be su�ject to the terrr�of a construction loan agreemerrt between Grantor and Lender. My.materials,equipmem or supplies used or intended for use in the construction, development,or operaiion of the Property,whether stored.:on or off the Property,shalf also be subject to the lien of this Deed of Trust, and Granto�, or �'� Grantor's contractor if loan proceeds are paid to such corVtr�ctor, shall apply the loan proceeds to the payment of lawfui claims for labor and material � fumished for such construction. - � � ' ",y�, ,. , � 40. WAIVER OF HOMESTEAD AND OTHER EXEMPTIONS. Grantor hereby waives all homestead and other exemptions in the Properly tc wnich �; Grantor would otherwise be entitled under any applicable law. W 41. JURY TRIAL WAIVER. GRANTOR HEREBY WAIVES ANY RIGHT TO TRIAL BY JURY IN ANY CIVIL ACTION ARISING OUT OF,OR BA:tE� � UPON,THIS DEED OF TRUST. � � 42 ADDITIONAL TERMS: Grantor adviowledges that Grantor has read,understands,and agrees to the terms and conditions of this Deed of Trust,and acknowledges receiFt cf an exact copy of same. Dated this 0 6 th day of March, 19 9 8 ;';,' ;;'�' '.'.`� GRANTOR:-7 � _ GRANTOR: .� , , - ;�: RANDALL L WFNZ —---— GRANTOR: ,'z. , ,GRANTOR: ,r� �`,, ��X��A _� /� �� JORDAI� J. Wffi�iZ � , —---— GRANTOR: GRANTOR: GRANTOA: GRANTOR: NEDOTE Rev.297