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� � �� � 3�$ <br /> 36. DEFEASANCE AND RECONVEYANCE BY TRUSTEE. Upon the payment and�performance in full of all of the Obligations,Lender will execute and <br /> deliver to Grantor those documeMS 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 recornreyance 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 reterrtion and uPon paymerrt by Lender of Trustee's fees, Trustee shall <br /> raconvey to Lender,or the person or persons legally entitled thereto,without warranty,any portion of said premises then held hereunder. The recitals in <br /> such reconveyance of any matters or facts shall be condusive proof of the truthfulness thereof. The grarrtee in any reconveyance may be described as"the <br /> person or persons legally errtitled 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 improvemern on land,induding 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 Grantor and Lender. My materials,equipmerrt or supplies used or irrtended for use in the construction, <br /> development,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 Grarrtor, or <br /> Grantor's corrtractor if loan proceeds are paid to such corrtractor, shall apply the loan proceeds to the payment of lawful claims for labor and material <br /> fumished for such construction. <br /> 38. WAIVER OF HOMESTEAD AND 07HER EXEMPTIONS. Grantor hereby waives all homestead and other exemptions in the Property to which <br /> Grantor would othervvise be errtitled under any applicable law. <br /> S9. 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 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 /> Datedthis 14th dayof Auqust, 1999 <br /> GRANTOR: GRANTOR: <br /> �, ��� � �� <br /> DAVID F. LAATSON <br /> GR R: GRANTOR: <br /> SNNY S. W O <br /> GRANTOR: GRANTOR: <br /> GRANTOR: GRANTOR: <br /> , <br /> NEDOTE Rev.12187 <br /> PaaeSdB <br />