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200000610
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Last modified
7/20/2017 7:17:59 PM
Creation date
10/20/2005 7:41:28 PM
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DEEDS
Inst Number
200000610
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. 200000sio <br /> 36. DEFEASANCE AND RECONVEYANCE BY TRUSTEE. Upon the payment andperfomiance in full of all of the Obligations,Lender will execute and <br /> zieliver to Grantor those documents that may be required to release this Deed of Trust of record. Grarnor shall be responsible to pay any costs of <br /> recordation and any reconveyance fee charged by Trustee. Upon written request of Lender stating that all sums secured hereby have been paid and upon <br /> surrender of this Deed of Trust and any note to Trustee for cancellation and reterrtion and uPon paymern by Lender of Trustee's fees, Trustee shall <br /> reconvey to Lender,or the person or persons legally ernitled thereto,without warranty,any portion of said premses then held hereunder. The recitals in <br /> such reconveyance of any matters or facts shall be condusive proof of the truthfulness thereof. The grarrtee m any reconveyance may be described as"the <br /> person or persons legally entftled therelo". <br /> 37. CONSTRUCTION LOAN. ❑ This Deed of Trust is a construction mortgage under the UnifoRn Cormiercial Code,to secure an obligation incuRed for <br /> the construction of an improvemern on land,including the�cquisition costs of land. This Deed of Trust secures a construction loan,and it will be subject to <br /> the terms of a construction loan agreement between Grantor and Lender. My materials,equipmerrt or supplies used or irrtended for use in the construction, <br /> 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 Grarrtor, or <br /> Grantor's cornractor rf loan proceeds are paid to such corrtractor, shall app�y the loan proceeds to the paymern of lawful daims for labor and material <br /> fumished for such construction. <br /> 38. WAIVER OF HOMESTEAD AND OTHER EXEMPTIONS. Grarnor hereby waives all homestead and other exemptions in the Property to which <br /> Grantor would otherwise be eMitled under any applicable law. <br /> 38. JURY TRIAL WAIVER. GRANTOR HEREBY WAIVES ANY RIGHT TO TRIAL BY JURY IN ANY CIVIL AC710N ARISING OUT OF,OR BASED <br /> UPON,THIS DEED OF TRUST. <br /> 40. ADDITIONAL TERMS: <br /> Grantor acknowledges that Grantor has read,understands,and agrees to the terms and conditions of this Deed of Tn�st,and acknowledges receipt of an <br /> exact copy of same. <br /> Dated lhis 6 th day of Auqus t, 19 9 9 <br /> GR R: GRANTOR: <br /> PHILLIP K. HESTERMAN <br /> GRANTOR: GRANTOR: <br /> ___V���X �• h�./�/l�i1,mQ/ln- <br /> REBECCA L. HESTERMAN <br /> GRANTOR: GRANTOR: <br /> GRANTOR: GRANTOR: <br /> I <br /> I <br /> NEDOTE Rev.12197 Pape 5 d 6 <br />
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