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38. D�FEASANC°E AND RECONVEYANCE BY TRUSTEE. Upon the paymeni andperformance in fuli of all of the Obligations,Lender will execute and deliver to Grantor those documerns that may be required.to release ihis Deecl of Trust of record. Grantor shall be responsible to pay any costs of recordatio�. Upon arritten request of Lender stating that all sums secured hereby have been paid and upon surrender of this D�ed of Trust and any no°e to Trustee for cancdllation and retention and upon payment by Lender of Trustee's fees,Trustee shall reconvey to Lender,or the person or persons legaily emitied�hereto,without warranty,any portion of said premses then held hereunder. The recitals in such reconveyance of any matters or facts shall be condusive proof of the truthfulness thereof. The grantee m any reconveyance may be described as"the person or persons legally eMitled ihereto". 39. CONSTRUCTIQN LOAN. ❑ This Deed of Tn�st is a construction mongage under the Uniform Commercial Code,to secure an obligation incurred for the construction of an improvemerrt on land,including the acquisition costs of land. This Deed of Trust secures a construction loan,and it will be subject to the terms of a construction loan agreement beiween Grantor and Lender. Any materials,equiprnent or supplies used or intended for use in the construction, 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 � Grantor's contractor if loan proceeds aze paid to such contractor, shall apply the loan proceeds to the payment of lawful claims for labor and material � fumished for such construction. . , 40. WAIVER OF HOMESTEAD AND OTHER EXEMPTIONS. Grantor hereby waives all homestead and other exemptions in the Property io which � Grantor would otherwise be entitied under any applicable law. .,. � 41. JURY TRIAL WAIVER. GRANTOR HEREBY WAIVES ANY RIGHT TO TRIAL BY JURY IN ANY CIVIL ACTION ARISING OUT OF,OR BASED�f j' UPON,THIS DEED OF TRUST. � 42 ADDITIONAL TERMS: � Grantor acknowledges that Grantor has read,understands,and agrees to the terms and conditions of this Deed of Trust,and acknowledges receipt cf an exact copy of same. Dated this 09 th day of March, 19 9 8 GRANTOR: _ GRANTOR: o� %� :�:' ��.,% L�Z� `,N,.. . . . � � �, `z:�. - -- TONY R LOPEZ GRANTOR: � GRANTOR: � � ALICIA T. LOPEZ -- GRANTOR: GRANTOR: GRANTOR: GRANTOR: NEDOTE Rev.2197 e,,,,,,-„�e