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� ' 99- 1a�zs� `�� . , . f�. 36. DEFEASANCE AND RECONVEYANCE BY TRUSTEE. Upon the payment andperformance in fuli of all of the QJ�ligations,Lender will execute and deNver to Grarnor tilose documents that may be required to release this Deed of Trust of record. Grantor shall be responsible to pay any costs of recordatioR 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 entitled thereto,without warranty,any portion of said premises tlien held hereunder. The recitais in 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 person or persons legally entitled thereto". 37. CONSTRUCTION LOAN. ❑ This Deed of Trust is a construction mortgage under the Uniform Commercial Coda,,to secure an obligation incurred for the construction of an irryxovement on land,including the acquisition costs of land. This Deed of Trust secures a construction loan,and it wiil be subject to the terms of a construction loan agreement between Grantor and Lerlder. Any materials,equipment or suppiies used or intended for use in the construction, developmerrt,or operation of the Property,whether stored on ar o�f the Pror rty, shall also be subject to the lien of ihis Deed of Trust, and Grantor, or Grantor's corrtractor if loan proceeds are paid to such comractor, shall apply the loan proceeds to the payment of lawful claims for labor and material fumished for such construction. � 38. WAIVER OF HOMESTEAD AND OTHER EXEMPTIONS. Grantor hereby waives all homestead and other exemptions in the Property to which Grantor would otherwise be entitled 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: Grantor acknowledges that Grarrtor has read,understands,and agrees to the terms and conditions of this Deed of Trust,and acknowledges receipt of an exact copy of same. Datedthis 15th dayof April, 1999 ;. � GRANTOR: � GRANTOR: � v �� VANHSY S ANITH GRANT� �� GRANTOR: _ �' l M'` S'°�'�` �'w'''' TANG SOMSANITH � GRANTOR: GRANTOR: GRANTOR: GRANTOR: NEDOTE Rev.iZ97 Pape 5 d 6