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. 99 �109199 <br /> '36. DEFEASANCE AND RECONVEYANCE BY TRUSTEE. Upon the paymerrt andperfomrance 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 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 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 errtitled thereto,without warrarrty,any portion of said premses then held hereunder. The recitais in <br /> such reconveyance of any matters or facts shall be conclusive proof of the tntthfulness thereof. The grantee m 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 Commeraal Code,to secure an obligation incurred for <br /> the construction of an improvement on land,indudin�the acquiskion 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 Pro rty, shall also be subject to the lien of this Deed of Trust, and Grarnor, or <br /> Grantor's contractor rf loan proceeds are paid to such corrtractor, shall app�y the loan proceeds to the payment of lawful'claims for labor and material <br /> fumished for such construction. <br /> 38. WAIVER OF HOMESTEAD AND OTHER EXEMPTIONS. Grarrtor hereby waives all homestead and other exemptions in ihe Property to which <br /> Grarrtor would otherwise be er�itled 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 /> Grarrtor adviowledges that Grantor has read,understands,and agrees to the terms and conditions of this Deed of Trust,and acknowled�s receipt of an <br /> exact copy of same. <br /> Datedthis 26th dayof July, 1999 <br /> GRANTOR: GRANTOR: <br /> � ( <br /> RANDALL E. NISLSEN <br /> GR TOR: GRANTOR: <br /> � ^ ^ <br /> � <br /> VALERIE J. NIE BN <br /> GRANTOR: GRANTOR: <br /> 1 <br />� <br /> GRANTOR: GRANTOR: <br /> i <br />� <br /> i <br /> i <br /> a <br /> I NEDOTE Rev.12�97 Page 5 of 6 I <br /> 1 <br />