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98103559
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Last modified
3/12/2012 11:49:54 AM
Creation date
10/19/2005 5:38:59 PM
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DEEDS
Inst Number
98103559
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38. DEFEASANCE AND RECONVEYANCE BY TRUSTEE. Upon the payment andperformance in full of all of the Ob�igations, Lender will execute and <br /> deliver �o�Grantor those documents that may be required to release this Deed of Trust of record. Grantor shall be responsible to pay any costs of <br /> 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 note to <br /> 'I rustee for cancellation and retention and upon payment by Lender of Trustee's fees,Trustee shall reconvey to Lender,or the person or persons legally <br /> entitled thereto,without warrenty,any portion of said premises then held hereunder. The recitals in such reconveyance of any matters or facts shall be <br /> conclusive proof of ihe truthfulness thereof. The grantee in any reconveyance may be described as"the person or persons legally entitled thereto". <br /> 39. CONSTRUCTION LOAN. � This Deed of Trust is a construction mortgage under the Uniform Commercial Code,to secure an obligation incurred for <br /> 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 <br /> ihe terms of a construction loan agreement between Grantor and Lender. Any materials,equipment or supplies used or intended for use in the construction, � <br /> 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 <br /> Grantor's contractor if loan proceeds are paid to such contractor, shall apply the loan proceeds to the payment of lawful claims for labor and material � <br /> fumished for such construction. , <br /> � <br /> 40. WAIVER OF HOMESTEAD AND OTHER EXEMPTIONS. Grantor hereby waives all homestead and other exemptions in the Property to which �� <br /> Granior would othervvise be entitled under any applicable law. �j,� <br /> � <br /> 41. JURY TRIAL WAIVER. GRANTOR HEREBY WAIVES ANY RIGHT TO TRIAL BY JURY IN ANY CIVIL ACTION ARISING OUT OF,OR BASED� <br /> UPON,THIS DEED OF TRUST. � <br /> 42 ADDITIONAL TERMS: <br /> Grantor acknowledges that Grantor has read,understands,and agrees to the terms and conditions of this Deed of Trust,and acknowledges receipt of an <br /> exact copy of same. <br /> Dated this 11 th day of March, 19 9 8 <br /> GRANTOR: �� GRANTOR: <br /> � <br /> � <br /> ADR RE UCHA � <br /> � ' ,,, <br /> GRANTO�: � �--'� GRANTOR: <br /> 1 vj _ l <br /> ` CHARLOTTE J. RERUCHA <br /> GRANTOR: GRANTOR: <br /> GRANTOR: GRANTOR: <br /> NEDOTE Fiev.297 �___��,. <br />
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