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2oouoo9o� 36. DEFEASANCE AND RECONVEYANCE BY TRUSTEE. Upon the payment andperforrrrdnce in full of all of the Obllgations,Lender wfll execute and deliver to Grantor those documeMs that may be required to release this Deed of Trusl of record. Grantor shall be responsible to pay any costs of recordaiion and any recorneyance fee charged by Trustee. 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 reterrtlon and upon paymerrt by Lender of Trustee's fees, Trustee shall reconvey to Lender,or the person or persons legally errtitled thereto,without warranty,any portion of said premises then held hereunder. The reatals in such reconveyance of any matters or facts shall be conclusive proof of the truthfulness thereof. The grarrtee in any recorneyance may be described as"the person or persons legally errtitled thereto". 37. CONSTRUCTION LOAN. ❑ This Deed of Trust is a construction mortgage under the Uniform Commeraal Code,to secure an obNgation incurred for the construclion of an fmprovemeM on land,induding 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 agreemerrt between Grantor and Lender. My materials,equipment or supplies used or intended for use in the construction, developmant, 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 corrtractor if loan proceeds are paid to such corrtractor, shall appy the loan proceeds to the paymerrt of lawful dalms for labor and material fumished for such construction. 38. WAIVER OF HOMESTEAD AND OTHER EXEMPTIONS. Grantor hereby waives all homestead and other exemptions in the Property to which Grantor would otherwise be entitled under any applicable law. 39. JURY TRIAL WAIVER. GRANTOR HEREBY WAIVES ANY RIGHT TO TRIAL BY JURY IN ANY CIVIL ACT10N ARISING OUT OF,OR BASED UPON,THIS DEED OF TRUST. 40. ADDITIONAL TERMS: Grantor admowledges thai Grarnor has read,understands,and agrees to the terms and conditions of this Deed of Trust,and acknowledges receipt of an exacl copy of same. Datedthis lOth �yafDecember, 1999 GRANTOR: v GRANTOR: C � CHI AVILA GRANTOR: � GRANTOR: MBRNA L AVILA GRANTOR: GRANTOR: GRANTOR: GRANTOR: NEDOTE Rev.1?J87 oe„e�„�Q