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. ._ _ ,. ... . . �.. �r ,�.��... .. y ,.,� r � ... � . . ., .�.�, . .. �.� ._ , . . , . , . . � �. . . � .� . _ . . . . . , 38. DEFEAS]ANCE AND RECONVEYANCE BY TRUSTEE. Upon the payment andperformance in full of all of the Obligations,Lender will execute and iieliver to Granto!those documents 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 stating that all sums secured hereby have been paid and upon surrender of this Deed of Trust and any note to�, Trustee for cancellation and retention and upon payment by Lender of Trustee's fees,Trustee shall reconvey to Lender,or the person or persons Iegaily�, emitled thereto,withoui warranty,any portion of said premises.then held hereunder. The recitais in such reconveyance of any matters or facts shail be conclusive proof of the truthfulness thereof. The grantee in any reconveyance may be described as"the person or persons legaily entitled thereto". � 39. CONSTRUCTION LOAN. ❑ This Deed of Trust is a construction mortgage under the Uniform Comrnercial Code,to secure an obligation incurred for � 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 ihe terms of a construction loan agreement between Grantor and Lender. Any materials,equipmern or supplies used or intended for use in the construction, W development, or operation of the Property,whether stored on or off the Pro rty, shall also be subject to the lien of this Deed of Trust, and Grantor, or (� Grantor's corrtractor if loan proceeds are paid to such coMractor, shall app�y 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 ail homestead and other exemptions in ihe Property to which Grarrior would otherwise be entitled 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 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 of an exact copy of same. Dated this 0 5 th day of February, 19 9 8 � GRANTOR• GRANTOR: CHARLES J RAMOLD I GRANTORn/I��G�� , /�in A`1�� GRANTOR: C.�l T/ t,�/�'l CONNIF K. RAMOLD GRANTOR: GRANTOH: GRANTOR: GRANTOR: II INEDOTE Rev.Z97 , P�e 5 of 6