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� 99 109198 <br /> 36.�DEFEASANCE AND RECONVEYANCE BY TRUSTEE. Upon the payment and rformance 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 rust 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 ihat 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 warranty,any portion of said prerruses then held hereunder. The recitals in <br /> such reconveyance of any matters or facls shall be conclusive proof of the truthfulness ihereof. The grantee m any reconveyance may be described as"the <br /> person or persons legally entitied thereto". <br /> 37. CONSTRUCTION LOAN. ❑ This Deed of Trust is a construction mortgage under the Uniform Commercial Code,to secure an obligation incurred for <br /> the construction of an improvement on land,including ihe 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,equipment or supplies used or intended for use in the consiruction, <br /> Grantor'�cont a toif loan proceedspa eypaideto suchrcontractor, shall arpp�y the loan� pro ds to�the�payment offlawful�clams forr labor a dramateral <br /> fumished for such construclion. <br /> 36. WAIVER OF HOMESTEAD AND OTHER EXEMPTIONS. Grantor hereby waives all homestead and other exemptions in the Property to which <br /> Grantor would otherwise be entitled 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 BASED <br /> UPON,THIS DEED OF TRUST. <br /> 40. ADDITIONAL TERMS: <br /> Grantor acknowledges that Grantor has read,understands,and agrees to lhe terms and conditions of this Deed of Trust,and acknowledges receipt of an <br /> exact copy of same. <br /> Datedthis 12th dayof August, 1999 <br /> GRANTOR: GRANTOR: <br /> (�%�%�'v' `� �1���� <br /> BRETT NELLSON <br /> GRANTOR: GRANTOR: <br /> . <br /> �-'�( ,.�,�.0�� <br /> LORI NELLSON <br /> GRANTOR: GRANTOR: <br /> GRANTOR: GRANTOR: <br /> ..--._.,. � <br />