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� � �� 99 10675�� r_3d. DEF�ASANCE AND RECONVEYANCE BY TRUSTEE. Upon the paymern andperformance in full of all of the Obligations,Lender will execute and deliver to Grantor those documents that may be required to release this Deed of Trust of record. Grarnor shall be responsible to pay any costs of recordation and any reasnveyance fee charged by Trustee. Upon written request of Lender stating that all sums secured hereby have been paid and upon suRender of th�s Deed of Trust and any note to Trustee for cancellation and reteMion and upon paymem by Lender of Trustee's fees, Trustee shall reconvey to Lender,or the person or persons legally erititled thereto,without warranty,any portion of said preMses then held hereunder. The recitals in such reconveyance of any matters or facis shall be condusive proof of the truthfulness thereof. The grarrtee 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 Comrneraal Code,to secure an obligation incurred for the construction 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 tertns of a construction loan agreemeM between Grantor and Lender. My materials,equiprrient or supplies used or intended for use in the construction, developmerrt,or operation of the Property,whether stored on or off the Pro rty, shall also be subject to the lien of this Deed of Trust, and GraMor, or Grantor's coMractor if loan praceeds are paid to such contractor, shall appfy the loan proceeds to the payment of lawful claims for labor and material fumished for such constructio�. 38. WAIVER OF HOMESTEAD AND OTHER EXEMPTIONS. Grantor hereby waives all homestead and other exemptions in the Property to which Grantor would otherwise be emitled 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 adcnowledges that Grarnor has read,understands,and agrees to the terms and conditions of this Deed of Trust,and acknowledges receipt of an exact copy of same. Datedthis 27th dayof April, 1999 GRANTOR: GRANTOR: � � • EDWIN D STILLINGER G R: GRANTOR: ATRICIA TILLINGER GRANTOR: GRANTOR: GRANTOR: GRANTOR: NEDOTE Rav.1297 Papo 6 d 6