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36. DEFEASANCE AND RECONVEYANCE BY TRUSTEE. Upon the payment andperformance in full of all of the Obligations,Lender wiil 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 cosis of <br /> recordation and any reconveyance fee charged by Trustee. Upon written request of Lender stating that all 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 waRanty,any portion of said premises then held hereunder. The recitals in <br /> such reconveyance of any matters or facts shall be conclusive proof of the truthfulness thereof. The grarnee 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 the Uniform Comrnercial Code,to secure an obligation incurred for <br /> the construction of an improvemeM on land,includin 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�rantor and Lender. Any materials,equiprnent or supplies used or intended for use in the construction, <br /> Grantor's�contractoif loan�proceedspa eypaideto such c ntracto r shall ar�y tFi�e loan� proceeds to�hetpayment offlawful�cl�forr labor dr material <br /> fumished for such construction. <br /> 38. WAIVER OF HOMESTEAD AND OTHER EXEMPTIONS. Grantor hereby waives all homestead and other exemptions in the Property to which <br /> Grarrtor would otherwise be emhled 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 BASEQ� <br /> UPON,THIS DEED OF TRUST. �D <br /> � <br /> 40. ADDITIONAL TERMS: � <br /> � <br /> GO <br /> � <br /> O <br /> V <br /> Grantor acknowledges 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 this 2 8 th day of June, 19 9 9 <br /> GRANT . GRANTOR: <br /> G �'l�P"-��- <br /> LINDA S.BOSWELL,AKA LINDA S. MEENT5 <br /> GRANTOR: GRANTOR: <br /> BILLY . BOS LL <br /> GRANTOR: GRANTOR: <br /> GRANTOR: GRANTOFi: <br /> NEDOTE Rev.1Z97 Pape 5 of 6 <br />