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99 109936 <br /> 36. DEFEASAPICE AND RECONVEYANCE BY TRUSTEE. Upon the payment andperfortrrance ln fuil of all of the Obligations,Lender witl execute arxi <br /> deliveF to GreMor ihose documeMs that may be required to release this Deed of Trust of record. Grantor shail be responaible to payarry oosts of <br /> reoordetlon and any noonveyance fee charged by Trustee. Upon written request af Lender stating that all sums secured hereby have been peid andupon <br /> surrender of this Deed of Trust and any note to Trustee for cancellation and reternion and upon payrnent by Lender of Trustee's fees, Tn�stee ahaN <br /> reoonvey to Lender,or the person or persons legally emitted thereto,without warranty,any portion of sak!premises then held hereunder. The redtals in <br /> such reconveyance of eny maners or facts shall be condusive proof of the truthfulness ihereof. The grarrtee in any reoorneyanoe may be describsd aa'"thhe <br /> person or persons legaliy eMftled thereto". <br /> 37. CON8TRUCTION�OAN. ❑ This Deed of Trust is a construction mortgage under the Unifortn Cormierdal Code,to secure an oblfgaUon inaxred br <br /> the oonstnktion of an im�xovemem on land,induding the acquisition costs of tand. This Deed of Trust secures a construction loan,and N will be wbjeq to <br /> the fem�s of a oonstruction loan agreemern between Grantor and Lender. My materials,equipmem or supplies used or intended for use in ths oon�truGion, <br /> development,or operation of the Property,whether stored on or off the Prop rty,shall also be subject to the Ilen of this Deed ot Truat,and(3rantor,or <br /> (3rantor's contrador N loen proceeds are paid to such corrtractor, shall apply the loan proceeds to the paymerrt of Iawful daima for labor and meterial <br /> tumished fa such oonstruction. <br /> 38. WAIVER OF HOMESTEAD AND OTHER EXEMPTIONS. Grantor hereby waives all homestead and other exemptions in the Property to which <br /> Granta would olherwise be entflled under arry applic�ble law. <br /> �. JURY TRIAL WAIVER. GRANTOR HEREBY WAIVES ANY RIGHT TO TRIAL BY JURY IN ANY CIVIL ACTION ARISING OUT OF,OR BA8ED <br /> UPON,THIS DEED OF TRUST. <br /> 40. ADDITIONAL TERMS: <br /> Grarna admowleclges that Grantor has read,understands,and agrees to the terms and conditions of this Deed of Trust,and adviowledpss reoeipt of en <br /> exad oopy of same. <br /> Datedthis lOth dayo6eptember, 1999 <br /> Gq/WTpp; GRANTOR: <br /> � � <br /> ARLffiJ FRITZ <br /> GpqN'�pq; GRANTOR: <br /> , � <br /> IMBIIRLY FRITZ <br /> GRANTOR: GRANTOR: <br /> GRANTnR: GRANTOR: <br /> .,�..,,...,_..,..,.. o.,..a,r n <br />