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] ! '�� � <br /> 38. DEFEAS,�NCE A eD�RECrp ntsE hatNmayBbeTeq SQE�Eo UpoaSt�hehpayDeed ofd rust�of�record.f Gran olr�shall be responsible oepaylanycco ts of <br /> deliver to Grantor tho rie (� <br /> •recorciation and any reconveyance fee charged by Trustee. Upon written request of Lender stating that all sums secured hereby have been paid and upon � <br /> sunender 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 premises then held hereunder. The recitals in , <br /> such recorNeyance of anY►natters 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 entitted thereto". m <br /> STRUCTION LOAN. ❑ This Deed of Trust is a construction mort age under the U of�T ust semcu es a const'ruct on loan,andl�i9will be subj ctfto � � <br /> 37. CON � m <br /> the construction of'an improvement on land,including the acquisition costs o land. This Deed � <br /> the terms of a construction loan agreement between Grantor and Lender. Any materiais,equipment or supplies used or intended for use in the construction, <br /> 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 <br /> Grantor's contractor if loan proceeds are paid to such contractor, shall apply lhe loan proceeds to the payment of lawful claims for labor and material � v <br /> fur n i s h e d f o r s u c h c o n s t r u c t i o n. m <br /> v <br /> 38. WAIVER OF HOMESTEAD AND OTHER EXEMPTIONS. Grantor hereby waives all homestead and other exemptions in the Property to which . • . <br /> Grantor would otherwise 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 /> 40. ADDITIONAL TERMS: � <br /> Q <br /> � <br /> � <br /> N <br /> � <br /> Granlor 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 30th dayofDecember, 1998 <br /> GRANTOR: u � I r'1�i� GRANTOR: <br /> � � Cl._L�-l�i <br /> 1 1`� <br /> � <br /> TINA E. HALM <br /> GRANTOR: <br /> GRANTOR: <br /> HOSIE HiTDSON <br /> GRANTOR: <br /> GRANTOR: <br /> GRANTOR: <br /> GRANTOR: <br /> Page 5 of 6 <br /> NEDOTE Rev.1257 <br />