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� � 99 i08058 36 DEFEASANCE AND RECONVEYANCE BY TRUSTEE. Upon the payment andperfomiar►ce in full of all of the Obligations,Lender will execute and de�iver to Grarrtor those documerrts that may be required to release this Deed of Trust of record. Grantor shall be responsible to pay any costs of recordation and any recorneyance 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 reternion and uPon paymerrt by Lender of Trustee's fees, Tn�stee shall recorney to Lender,or the person or persons legally entitled thereto,without warrarrty,any portion of sa�d premses then held hereunder. The reatals in such reconveyanoe of any matters or facts shall be condusive proof of the truthfulness thereof. The grantee in any reconveyance may be described as"the person or persons legally errtitled thereto". 37. CONSTRUCTION LOAN. ❑ This Deed of Trust is a construction m�rtgage under the UnifoRn Commercial Code,to secure an obligation incuRed for the construction of an improvemern on land,induding the soquisition costs of land. This Deed of Trust secures a construction loan,and it will be subject to the terms of a construction loan agreemeM between Grarnor and Lender. My materials,equipmern or supplies used or irnended for use in the construction. development,or operation of the Property,whether stored on or off the Pro rty, shall also be subject to the lien of this Deed of Trust, and Grer�tor,or et Grantor's contractor if loan proceeds are paid to such corrtractor, shall appPy the loan proceeds to the paymerrt of Iawful'claims for labor and material fumished for such construction. , 38. WAIVER OF HOMESTEAD AND OTHER EXEMPTIONS. GraMOr hereby waives all homestead and other exemptions in the Property to which Grarnor would otherw(se be errtftled under any applicable law. 39. JURY TRIAL WAIVER. GRANTOR HEREBY WAIVES ANY RIGHT TO TRIAL BY JURY IN ANY CIVIL ACT10N ARISING OUT OF,OR BASED UPON,THIS DEED OF TRUST. 40. ADDITIONAL TERMS: Grantor adviowledges that Grarrtor has read,understands,and agrees to the terms and conditions of this Deed of Trust,and adviowledges receipt of an exact copy of same. Dated this 9 th day of AuquB t, 19 9 9 GRANTOR: GRANTOR: � DAG H �LS RAN GRANTOR: PAMELA HRLL3TSN GRANTOR: GRANTOR: GRANTOR: GRANTOR: NEDOTE Rw.1297 Papa 6 d 6