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� � � k 99 �.065s5 ' 96. DEFEASANCE AND RECONVEYANCE BY TRUSTEE Upon the payment andperformance in full of all of the Obligations,Lender will execute and deliver to Grantor those documents that may be required to release ihis Deed of Trust of record. Grarnor shall be responsibie to pay an costs of reoordation and any reconveyance fee charged by Trustee. Upon written request of Lender stating that all sums secured hereby have been paidyand upon auRender of this Deed of Trust and any note to Trustee fo�cancellation and retention and upon payment by Lender of Trustee's fees, Trustee shall recomrey to Lender,or the person or persons legally entitled ihereto,wilhout warranty,any portion of said premises then held hereunder. The recitals in such reoonveyance of arry matters or facts shall be oonclusive proof of the truthfulness thereof. The grantee in any reconveyanoe may be described as"the person or persons legaily entitled thereto". 37. CONSTRUCTION LOAN. ❑ This Deed of Trust is a construction mortgage under the Uniform Cortmeraal Code,to sea�re an obligation Incurred for the conatnution of an improvement on land,induding the acquisition costs of land. This Deed of Trust secures a construction loan,and it will be subject to the tem�s of a constnrctiai loan agreement between GraMor and Lender. Any materiais,equiprnem or supplies used or irrtended for use in the construction, developn�ern,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 contrador rf loan proceeds are paid to such contractor, shall apply the loan proceeds to the payment of lawful daims for labor and material fumished for such construction. 96. WAIVER OF HOMESTEAD AND OTHER EXEMPTIONS. Grantor hereby waives all homestead and other exemptions in the Property to which G�antor would otherwise be entitled under any applicable law. 99� JURY TRIAL WAIVER. GRANTOR HEREBY WAIVES ANY RIGHT TO TRIAL BY JURY IN ANY CIVIL ACT10N ARISING OUT OF,OR BASED UPON,THIS DEED OF TRUST. �0. ADDITIONAL TERM3: Grantor acknovirledges that Grantor has read,understands,and agrees to the terms and conditions of this Deed of Trust,and aclv�owledges receipt of an exact copy of same. Datedthis 3rS dayof June, 1999 GRIWTOR: (� GRANTOR: c�1t% nr,vin s. OL30N ORAN GRANTOR: lURffi�1 M. NABITY-OLSON GRANTOR: GRANTOR: GRANTOR: GRANTOR: