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. r . . , . .- : . _ __ , ,. . _ , _ 38� DEFEASANCE AND RECONVEYANCE BY TRUSTEE. Upon the payment andpertormance in full of all of the Obligations,Lender wfll execute and delNer to Grantor those documerrts that may be required to release this Deed of Trust of record. Grarrtor 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 surcender of this Deed of Trust and any note to Trustee for cancellation and reternion and upon paymern by Lender of Trustee's fees, Trustee shall reconvey to Lender,or the person or persons legally entftled thereto,without warranty,any portion of said premses then held hereunder. The reatals in such reconveyance of any matters or facis shall be conclusive proof of the truthfulness thereof. The grantee in any reconveyance may be described as"the person or persons legally entitled thereto". � 37. CONSTRUCTION LOAN. ❑ This Deed of Trust is a construction mortgage under the Uniform Commercial Code,to secure an obligation incuRed for � 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 the terms of a construction loan agreement between Grantor and Lender. Any materials,equipment or supplies used or intended for use in the construction, 1 development, or operation of the Property,whether stored on or off ihe Property, shall also be subject to the lien of this Deed of Trust, and Grantor, or � Grantor's coniractor if loan proceeds are paid to such contractor, shall apply the loan proceeds t�the payment of lawful claims for labor and material � fumished for such construclion. 'N � 38. WAIVER OF HOMESTEAD AND OTHER EXEMPTIONS. Grarrtor hereby waives all homestead and other exemptions in the Property to which � Gramor would otherwise be errtftled under any appUca6le law. w �, 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 TRUSL f .a,,. ��;.��'� �0. ADDI110NAL TERMS: Grantor admowledges that Grantor has read,understands,and agrees to the terms and condftions of this Deed of Trust,and adviowledges receipl of an e�cact copy of same. Datedthis 12th dayof April, 1999 GRANTOR: GRANTOR: � R. . . 1 LARRY R. H GLAND GRANTOR: GRANTOR: V`� FLORENCE I. HOAGLAND GRANTOR: GRANTOR: GRANTOR: GRANTOR: Pape 5 of 6 NEDOTE Rev.12N7