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99 iU9685 <br /> 36. DEFEASANCE AND RECONVEYANCE BY TRUSTEE. Upon the payment andperfomiance in full of all of the Obligations,Lender will execute and <br /> rust of record. Grantor shall be res nsible to any costs of <br /> deliver to Grantor those doa�meMs that may be required to release this Deed of T Po PaY <br /> recadatfon andarry recorneyance fee charged by Trustee. Upon written request of Lender stating tha�t y I su�red hereby have been paicf end upon <br /> surrender of this Deed of Trust and any note to Trustee for cancellation and reterrtion and upon ment Lender of Trustee's fees, Tnistee shali <br /> reconvey to Lender,or the person or persons legally ernitled ihereto,without warranty,any porUon of said premises then heid hereunder. The redtals in , <br /> such recomreyance of any matters or facts shall be conclusive proof of ihe truthfulness thereof. The grantee in any recorneyance may be described as"the <br /> person or persons legally ernitled thereto". <br /> 37. CONSTRUCTION LOAN. ❑ This Deed of Trust is a construction mohgage under ihe Uniform Commercial Code,to secure an obligatfon incurced for <br /> the oonstrudion of an improvement on land,induding the acquisition costs of land. This Deed of Trust secures a construction loan,and it will be subjeet to <br /> the tertns of a construdbn loan agreement between Gramor and Lender. My materials,equiprnern or supplies used or intended for use in ihe oonstructbn, <br /> development,or operation of the Prope�,W deto suscth�contracto r shall a r�y the lohan proceeds to�thet payment off lah�wfu�da ms for labor d mat�e�fal <br /> Grantar's contractor if loan proceed Pa <br /> fumisl�ed for such constructbn. <br /> 38. WAIVER OF HOMESTEAD AND OTHER EXEMPTIONS. Grantor hereby waives all homestead and other exemptions in the PropeAy to which <br /> Gramor would otherwise be erriitled 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 /> Granta admowledges that Grarnor 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 3rd dayo8eptember, 1999 <br /> GRAN . GRANTOR: <br /> J A. LEMBIIRG ARA JANELLE A C <br /> GRANTOR: GRANTOR: <br /> Gq��: GRANTOR: <br /> GRANTOR: GRANTOR: <br /> ucnnrc a.0��� Pap�S d 6 <br />