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36.'DEFEASANCE AND RECONVEYANCE BY TRUSTEE. Upon the payment andpe rfomrance in full of all of the Obligations,Lender will execute and deliver to Grantor those documents that may be required to release ihis Deed of Trust of record. Grantor shall be responsib�e to pay any costs of recordation and any reconveyance fee charged by Trustee. Upon wririen request of Lender stating that ail 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 ihe person or persons legally entitled thereto,without warranty,any portion of said premises then held hereunder. The recitals 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 incurred 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 agreemeni between Grantor and Lender. Any materials,equipment or supplies used or intended for use in the construction, development, or operation of the Property,wheiher stored on or off the Pro rty, shall also be subject to the lien of this Deed of Trust, and Grantor, or W Grantor's contractor if loan proceeds are paid to such contractor, shall appf y the loan proceeds to the payment of lawfui claims for labor and maierial O fumished for such conslruction. � 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: Granior acknowledges that Grantor 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 218t dayof May, 1999 GRANTOR: GRANTOR: fi-�i� ( ]�j�/20 C-��1�,G`l�e.Z -- AUST O GUTII:RREZ GRANT . GRANTOR: ROS 0 GUTIERREZ GRANTOR: GRANTOR: GRANTOR: GRANTOR: NEDOTE Rev.12/97 Page 5 of 6