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. , , a . <br /> 36. DEFEASANCE AND RECONVEYANCE BY TRUSTEE. Upon the payment and performance in full of all of the Obligations,Lender will execute and <br /> deliver to Grantor those documents that may be required to release this Deed of Trus1 of record. Grantor shall be responsible to pay any cosis 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 retention and upon payment by Lender of Trustee's fees, Trustee shall <br /> reconvey to Lender,or the person or persons legally entitled thereto,wiihout warranty,any portion of said premises then held hereunder. The recitals in <br /> such reconveyance of any matters or facis shall be conclusive proof of the truihfulness ihereof. The grantee in any reconveyance may be described as"ihe <br /> person or persons legally entitled thereto". <br /> 37. CONSTRUCTION LOAN. ❑ This Deed of Trust is a consiruction mortgage under the Uniform Commercial Code,to secure an obligation incurred for <br /> 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 <br /> the terms of a construction loan agreement between Grantor and Lender. Any materials,equipmeni or supplies used or intended for use in the construction, <br /> � GranioP's�cont�actoif loan proceedsaeypaideto such oontractor, shall appty tli�e loanl proce ds to�thetpayment offlahwful�clams for labor andramateral <br /> fumished for such construction. ((S,7 <br /> ' 36. WAIVER OF <br /> HOMESTEAD AND OTHER EXEMPTIONS. Grantor hereby waives all homestead and other exemptions in the Property to which %9 <br /> Grantor would otherwise be entitled under any applicable law. <br /> .� �• <br /> 39. JURY TRIAL WAIVER. GRANTOR HEREBY WAIVES ANY RIGHT TO TRIAL BY JURY IN ANY CIVIL ACTION ARISING OUT OF,OR BASED Q <br /> UPON,THIS DEED OF TRUST. <br /> 40. ADDITIONAL TERMS: <br /> � <br /> Grantor acknowledges that Grantor has read,understands,and agrees to the terms and conditions of this Deed of Trust,and acknowledges receipt of an <br /> exact copy of same. <br /> Datedthis 4th dayofFebruary, 1999 <br /> GRANTOR: GRANTOR: <br /> � <br /> � <br /> LAVO E ESPINOZA <br /> GRANTOR: GRANTOR: <br /> �i � G�3 )?� 0 Z✓-1 ..� <br /> MIGUEL PINOZA <br /> GRANTOR: GRANTOR: <br /> GRANTOR: GRANTOR: <br /> NEDOTE Rev.1297 Page 5 of 6 <br />