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36. DEFEASANCE AND RECONVEYANCE BY TRUSTEE. Upon the payment and performance in full of all of the Obligations,Lender will execute and deliver to Grantor those documents that may be required to release this Deed of Trust of record. Grantor shall be responsible to pay any costs of recordation and any reconveyance 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 retention and upon payment 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 premses then heid hereunder. The recitals in such reconveyance of any fiatters or facls shail be condusive proof of the truthfulness thereof. The grantee in any reconveyance may be described as"the person or persons�egally er�titled ihereto". , " 37. CONSTRUCTION LOAN. ❑ This Deed of Trust is a construction mortgage under the Uniform Corranercial Code,to secure an obfigation incurred for the construc[ion of an improvement on land,including the acquisition cosis of land. This Deed of Trust secures a construclion loan,and it will be subject to the terms of a construction loan agreement between Grantor and Lender. Any materials,equipment or supplies used or intended for use in the construction, development, 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 contractor rf loan proceeds are paid to such contractor, shall ap��ly ihe loan proceeds to the paymern of lawful claims for labor and material fumished for such construction. 38. WAIVER OF HOMESTEAD AND OTHER EXEMPTIONS. Grantor hereby waives ail homestead and other exemptions in the Property to whic� Grantor would otherwise be ernitled under any applicable law. � 39. 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. 40. ADDITIONAL TERMS: W W G� 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 2 5 th day of February, 19 9 9 GR TOR: GRANTOR: � � � l�r/t'�� LISA J RRESS GRAN R: GRANTOR: D IEL . JACOBSEN GRANTOR: GRANTOR: GRANTOR: GRANTOR: .�ennrc es.�n,e-� PeQB5016 ..