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3$. DEFEIASANCE AND RECONVEYANCE BY TRUSTEE. Upon the payment andperfoRnance in full of ail of the Obtigations,Lender will execute and <br /> deliver to Grantor ihose documenis that may be required to release this Deed of Trust o( record. Grarnor shall be responsible to pay any costs of <br /> recordation and any noorneyance fee charged by Trustee. Upon w�itten request of Lender stating that all sums secured hereby have been paid and upon <br /> surrender of thfs Oeed of Trust and any note to Trustee for canceilation and retention and upon peymern by Lender of Trustee's fees, Trustee shall <br /> reconvey to Lender,w the person or persons legelly ernitied thereto,without warranty,any portfo�of said premises then held hereunder. The recitals in <br /> such reoonveyance of any matters or facls shall be condusive proof of the truthfulness thereof. The grantee in any reconveyance may be described as"the <br /> person or persons legeily entNled thereto". <br /> 37. CONSTRUCTION LOAN. This Deed of Trust is a oonstruction mortgage under ihe Uniform Cormierdal Code,to secure an obligation incurred for <br /> iha consiructbn o(an improveme on land,Induding the acquishion oosts of land. This Deed of Trust secures a constructio�loan,and it will be subject to <br /> the tem�s of a oonstruetlon loan agreement between Grantor and Lender. Any mate�ials,equiprr�ent or supplies used or intended tor use in ihe construction, <br /> development, or operatfon of the Property,whether stored on or off ihe Pro rty,shall also be subject to ihe lien of this Deed o(Trust,and Grantor, or <br /> Granta's contractor if loan proceeds are paid to such corriractor, shall �the loan proceeds to ihe paymern of Iawful claims for labor and materlal <br /> (umished for such constructbn. <br /> 38. WAIVER OF HOMESTEAD AND OTHER EXEMPTIONS. Grantor hereby waives all homestead and other exemptions in the PropeAy to which <br /> Grantor would otherwise be ernitled under any applicabie 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 C� <br /> UPON,THIS DEED OF TRUST. 1 <br /> 40. ADDITIONAL TERMS: ��� <br /> � <br /> � <br /> � <br /> �� <br /> Grarnor acknowledges ihat Grantor has read,understands,and agrees to the terms and conditions of this Deed of Trust,and adviowledges receipt of an <br /> exact c�py of same. <br /> Datedthis ist dayot April, 1999 <br /> GRANTOR: GRANTOR: <br /> �`�l�'�_ii���i��� _.%:�����,�., <br /> �nu.L nss sxAw <br /> GRAN , � GRANTOR: <br /> � t r � <br /> Michelle L Shaw <br /> GRANTOR: GRANTOR: <br /> GRANTOR: GRANTOR: <br />