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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 <br /> deliver to Grantor those documenis that may be required to release this Deed of Trust of record. Grantor 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 retention and uPon payment by Lender of Trustee's fees, Trustee shall <br /> reconvey to Lender,or the person or persons legally entitled thereto,without warranty,any portion of said prerruses then held hereunder. The recitals in <br /> such reconveyance of any matters or facts shall be conclusive proof of the truthfulness thereof. The grantee in any reconveyance may be described as"the <br /> person or persons legally entitled thereto". <br /> 37. CONSTRUCTION LOAN. ❑ This Deed of Trust is a construction 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 agreemenl beiween Grantor and Lender. Any materials,equipment or supplies used or intended for use in the construction, <br /> development, or operaiion of the Property,whether stored on or off the Property, shall also be su�ject to the lien of this Deed of Trust, and Grantor, or <br /> Grantor's contractor if loan proceeds are paid to such contractor, shall apply the loan proceeds to 1he payment of lawful claims for labor and maierial <br /> furnished for such construction. <br /> 38. WAIVER OF HOMESTEAD AND OTHER EXEMPTIONS. Grantor hereby waives all homestead and other exemptions in the Property to which <br /> Grantor would othervvise be entitled under any applicable law. <br /> 39. JURY TRIAL WAIVER. GRANTOR HEREBY WAIVES ANY RIGHT TO TRIAL BY JURY IN ANY CIVIL ACTION ARISING OUT OF,OR BASED� <br /> UPON,THIS DEED OF TRUST. <br /> 1 <br /> 40. ADDITIONAL TERMS: <br /> � <br /> � <br /> � <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 25th dayof March, 1999 <br /> GRANTOR: GRANTOR: <br /> � , <br /> � <br /> SHIRLEY I S H <br /> i <br /> GRANTOR: GRANTOR: <br /> GRANTOR: GRANTOR: <br /> GRANTOR: GRANTOR: <br /> NEDOTE Rev.1Z97 Page 5 of 6 <br />