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. �, . 36. DEFEASANCE AND RECONVEYANCE BY TRUSTEE. Upon the payment andperformance in full of all of the Obligations,Lender will execute and delive� to Grantor those documents that may be required to release this Deed of Trust of record. Granior shall be responsible to pay any costs of recordation and any reconveyance fee charged by Trustee. Upon written request of Lender stating that all sums secured hereby have been paid and upon surrender of this Deed of Trust and any note to Trustee for canceilation and reternion and upon payment by Lender of Trustee's fees, Trustee shall reconvey to Lender,or the person or persons legally entitled thereto,without warranty,any portion of said premises then held hereunder. The recitals in such reconveyance of any mariers or facts shall be conclusive proof of the truthfuiness thereof. The grantee in any reconveyance may be described as"the � person or persons legally entitled thereto". � 37. CONSTRUCTION LOAN. ❑ This Deed of Trust is a construction mortgage under the Uniform Corrgnercial Code,to secure an obligation incurred for � the construction of an improvement on land,including the acquisition costs of land. This Deed of Trust secures a construction loan,and it will be subject to � the terms of a construction loan agreement between Grantor and Lender. Any materials,equiprnent or supplies used or iniended for use in the construction, � development, or operation of the Property,whether stored on or off the Prop rty, shall also be subject to the lien of this Deed of Trust, and Grantor, or Grantor's contractor if loan proceeds are paid to such contractor, shall apply the loan proceeds ta-the payment of lawful claims for labor and material fumished for such construction. 38. WAIVER OF HOMESTEAD AND OTHER EXEMPTIONS. Grantor hereby waives all homestead and other exemptions in the Property to which i� Grarnor would otherwise be eMNled under any applicable law. 39. JURY TRIAL WAIVER. GRANTOR HEREBY WAIVES ANY RIGHT TO TRIAL BY JURY IN ANY CIVIL ACTION ARISING OUT OF,OR BASED UPON,THIS DEED OF TRUST. 40. ADDITIONAL TERMS: Grantor acJmowledges that Grantor has read,understands,and agrees to the terms and conditions of this Deed of Trust,and acknowledges receipt of an exact copy of same. Dated this 17th day of March, 1999 GRANTOR� GRANTOR: ��,��.,�:.�= RUSSELL D. ROSMICKI GRANTO�: � GRANTOR: �_ ti� � �..� SHE J. R S ICKI GRANTOR: GRANTOR: GRANTOR: GRANTOR: NEDOTE Rev.1297 Page 5 of 6