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— .i/�� VVR.7� p4pt��!3 j�:�'`�I��. , - a�t 96. DEFEASANCE AND RECONVEYANCE BY TRUSTEE. Upon the payment andperfomiance in full of all of the Obligations,Lender will execute'and delfver to Grantor those documerrts that may be required to release this Deed of Trust of record. Grarrtor shall be responsible to pay� cosis of recordaUon and any nconv�yance fee charged by Trustee. Upon written request of Lender stating that ail sums secured hereby have been and upon suRender of this Deed of Trust and any note to Trustee for cancellation and reterrtion and upon paymerrt by Lender of Trustee's fees, Truatee shall reoomrey to Lender,or the person or persons legally eMitled thereto,without warranty,any portion of said premises then held hereunder. The+'redt+�f i�l� such reconveyance of any matters or facts shall be condusive proof of the truthfulness thereof. The grarnee in any recorneyanoe may be desc�ibed'as� person or persons legelly eMitled thereto". 37. CONSTRUCTION LOAN. ❑ This Deed of Trust is a oonstruction mortgage under the Uniform Commerdai Code,to secure an obligat(on incurred for ihe conatn�ctlon of an(mprovemern on land,induding the acquisition costs of land. This Deed of Trust secures a construction loan,and it will be subject to the temis of a construcNon loan agreement beriveen Grantor and Lender. My materials,equipmerrt or supplies used or irrtended for use fn the construdion, developmerrt,ar operation of ihe Property,whether stored on or off the Pro rty,shall also be subject to the lien of this Deed of Truat,and Grantor,or Grantor's contractor if loan proceeds are paid to such corrtractor, shall appfy the loan proceeds to the paymer» of Iawful daims for labor and material fumished for sueh construction. ,, . 1 98. WAIVER OF HOMESTEAD AND O?HER EXEMPTIONS. Grarrtor hereby waives all homestead and other exemptions in the Property to which Grantor would otherwise be erniUed under any applicable law. , °c'; �. JURY TRIAI WAIVER. GRANTOR HEREBY WAIVES ANY RIGHT TO TRIAL BY JURY IN ANY CIVIL ACTION ARISING OUT OF,dIi B/lS�1� UPON,THIS DEED OF TRUST. f 40. ADDI7'IONAL TERMS: , - �r-,,�. � .� rrr�:,�,h��'� +�i��y !"as.�Pi �!;ti'�,;r�. Grarnor aclviowledpes ihat Grarrtor has read,understands,and agrees to the terms and conditions of this Deed of Trust,and ac�owledgea reFeipt of anF. exact copy of same. Datedthis 16th ciayof July, 1999 I q�` GRANTOR: GRANTOR: .�esc � ��rr� J03$ J. GIIERRERO GRANTOFl: GRANTOR: c'_1t�� i✓lO.��Z- \,�c]2vrn v!'� E'lis� I�ernandez G�erre�p GRANTOR: GRANTOR: ! GRANTOR: GRANTOR: { NEDOTE Rw.iZ87 Pape 5 d 8 �