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99 109013 <br /> 36. DEFEASANCE AND RECONVEYANCE BY TRFJSTEE. Upon the paymern andperformance in full of all of the Obligations,Lender will execute and <br /> deUver to Gra�tor those documertts 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 staiing that all sums secured hereby have been paid and u n <br /> surrender of this Dsed of Trust and any note to Trustee for cancellation and reterrtion and upon payment by Lender of Truslee's fees, Trustee shall <br /> reconvey to Lender,or the person or persons legally entitled thereto,without warrarny,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 tnrihfulness 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 the Uniform Cormieraal Code,to secure an obligation incuRed for <br /> the construction of an improvement on land,indudin 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. My materials,equipment or supplies used or intended for use in the construction, <br /> developmerrt,or operation of the Property,whether stored on or off the Property, shall also be subject to the lien of this Deed of Trust, and Grantor, or <br /> Grantor's contractor if loan proceeds are paid to such coMractor, shall apply the loan proceeds to the payrnent of lawful daims for labor and material <br /> fumished for such construction. <br /> 38. WAIVER OF HOMESTEAD AND OTHER EXEMPTIONS. Grardor hereby waives all homestead and other exemptions in the Property to which <br /> Grantor would othervvise be eMitled under any applic�ble 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. <br /> 40. ADDITIONAL TERMS: <br /> Grarnor adviowledges that Grantor has read,understands,and agrees to the terms and conditions of this Deed of Tn�st,and acknowledges receipt of an <br /> exact copy of same. <br /> Dated this 22nd day of July, 1999 <br /> GRANTOR: , GRANTOR: <br /> �� <br /> k. � � <br /> MICHLLLE L. SCHUSTER <br /> GRANTOR: � GRANTOR: <br /> ROB RT JAMES BLOO D <br /> GRANTOR: GRANTOR: <br /> GRANTOR: GRANTOR: <br /> NEDOTE Rev.1297 <br /> Pape 5 d 6 ( <br />