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. <br /> � of the Obli ations Lender will execute and <br /> 36. OEFEASANCE AND RECONVEYANCE BY TRUSTEE. Upon the payment and pertormance in full of all g , <br /> ose documerds that ma be required to release this Deed of Trust of record. Grantor shall be responsible to pay an costs of <br /> deliver to Grantnr th Y <br /> recordation and any reconveyance fee charged by Trustee. Upon written request of Lender stating that all sums secured hereby have been pai and upon <br /> surrender of this Deed of Trust and any note to Trustee for cancellation and retention and upon payment by Lender of Trusiee's fees, Trustee shall <br /> reconvey to Lender,or the person or persons legally entitled thereto,without warranty,any portion of said prermses 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 ihe Uniform Commeraal 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 agreement between Grantor and Lender. Any materials,equipment or supplies used or intended for use in the construction, <br /> GraMor's�cont actoif loan�proceeds are paideo suchrcontractor�shall apply ttY'e loanl proce ds to�hetpayment offlawful�claams forr labor andramatenal <br /> fumished for such construction. <br /> 38. WAIVER OF HOMESTEAD AND OTHER EXEMPTIONS. Grantor hereby waives all homestead and other exerr�tions 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. 1 <br /> 40. ADDITIONAL TERMS: ,"'�. <br /> � <br /> � <br /> � <br /> � <br /> Grarnor admowledges 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 /> Dated lhis 10 th day of May, 19 9 9 <br /> RANTOR: GRANTOR: <br /> � - �'�1 . <br /> JI IE L. MCHIIGH , <br /> GR . GRANTOR: <br /> � _ � �- � �- <br /> LYN MC H <br /> �' , <br /> GRANTOR: GRANTOR: <br /> GRANTOR: GRANTOR: <br /> WCf1llTF iiw»q� . Pape5af6 <br />