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99- s���s� <br /> 96. DEFEASANCE AND RECONVEYANCE BY TRUSTEE. Upon ihe paymem andperformance in full of atl of the Obligations,Lendar will execute and <br /> d�liver to Crantor ihose documents that may be required to release this Deed of Trust of record. Grarnor shall be responsible to pay any costs of <br /> reoordetion and any ncorroeyance 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 retention and upon paymern by Lender of Trustee's fees, Trustee shali <br /> reoonvey to Lender,or the person or persons legally errtitled thereto,without warranty,any poAion of said premises ihen held hereunder. The reatals in <br /> such reoonveyance of any mariers or facts shail be condusive proof of the truthfulness thereof. The grantee in any reconveyance may be described as"the <br /> person or persans legelly erriitled thereto". <br /> 37. CONSTRl1CTION LOAN. ❑ Th(s Deed of Trust is a construction mortgage under the Unifonn Commerdal Code,to secure an obligation incuRed for <br /> the c�slruGion of an improvement on land,includin the acquisNion costs of land. This Deed of Trust secures a construction loan,and it will be subject to <br /> ud <br /> the tem�a of a construction ban agreemerd beriveen ra�tor and Lender. My materials,equipment or suppiies used or irnended for use in the constructbn, <br /> development,or operation of the Properry,whether stwed on or off the Pro rty,shall also be subject to ihe lien of this Deed of T►ust,and Grantor, or <br /> G�antor's contractor if loan proceeds are pald to such contractor, shall app�y the loan proceeds to the payment of lawful claims for labor and material <br /> iumished for such constnx:tton. <br /> 36. WAIVER OF HOMESTEAD AND OTHER EXEMPTION3. Grarnor hereby waives all homestead and other exemptions in ihe Property to which <br /> Grantor would othervvise be entftled under any applicable law. <br /> �. JURY TRIAL WAIVER. GRANTOR HEREBY WAIVES ANY RIGHT TO TRIAI BY JURY IN ANY CIVIL ACTION ARISING OUT OF,OR BASED <br /> UPON,7HI3 DEED OF TRUST. <br /> 40. ADDITIONAL TERMS: <br /> Grantor aclvwwledges ihat Grarnor has read,understands,and agrees to the terms and conditions of ihis Deed of Trust,and acknowledges receipt of an <br /> exad oopy of sarne. <br /> Datedthis �nd dayof ADril, 1999 <br /> GRANTOR: GRANTOR: <br /> DALB A. HIIRLLY <br /> GRANTOR: GRANTOR: <br /> � � <br /> CHBRYL L. CHL}3I h'R <br /> GRANTOR: GRANTOR: <br /> GRANTOR: GRANTOR: <br /> ..___�..__. .....� PrerEdR <br />