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. • ' � t � <br /> 36. DEFEASANCE AND RECONVEYANCE BY TRUSTEE. Upon the payment and performance in full of all of the Obligations,Lender will execute and <br /> deliver to Grantor those documents that may be required to release this Deed of Trust of record. Grantor shall be responsible to pay any costs of <br /> recordation and any reconveyance fee charged by Trustee. Upon written request of Lender stating that ali sums secured hereby have been paid and upon <br /> 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 <br /> reconvey to Lender,or the.person or persons legally entitled thereto,without warranty,any portion of said premses 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 I�gally entitled thereto". <br /> 37. CONSTRUCTION LOAN. ❑ This Deed of Trust is a construction mortgage under ihe Uniform Commercial Code,to secure an obligation incurred for <br /> the construction of an imFxovement 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,equiprnent or supplies used or intended for use in the construction, <br /> Grantor's�contract o if loan�pr hoceedsPa eypaid to susch oontracto r shall a r�y F e loan proceeds to�Uthet paymenl off lawful�cla ms forr labor a dramater al <br /> fumished for such construction. <br /> � <br /> 38. WAIVER OF HOMESTEAD AND OTHER EXEMPTIONS. Grantor hereby waives all homestead and other exemptions in the Property to which �j <br /> Grantor would otherwise be entitled under any applicable law. <br /> � <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. Cy� <br /> I�rr <br /> 40. ADDITIONAL TERMS: � <br /> Y`ti+ <br /> Grantor acknowledges that Grantor has read,understands,and agrees to the terms and conditions of this Deed of Trust,and acknowledges receipi of an <br /> exact copy of same. <br /> Datedthis 30th dayof April, 1999 <br /> GRANTOR: GRANTOR: <br /> � i� <br /> JOCEL B. PPER <br /> GRANTOR: GRANTOR: <br /> GRANTOR: GRANTOR: <br /> GRANTOR: GRANTOR: <br /> Pape 5 of 6 <br /> NEDOTE ReV.12197 <br />