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_. �1 , 9 9 • 36. DEFEASANCE AND RECONVEYANCE BY TRUSTEE. Upon the payment and performance in full of all of the Obligations,Lender will execute and deliver to Gra�tor those documents that may be required to release this Deed of Trust of record. Grantor shall be responsible to pay any costs of recordation and any reconveyance fee charge d by Trustee. Upon written request of Lender staiing that all sums secured hereby have been paid and upon surrender of thi� Deed of Trust and any note to Trustee for cancellation and retention 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 prerruses then held hereunder. The recitals in such reConveyance of any mariers or facis shail be conclusive proof of the iruthfulness 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 Comrnercial Code,to secure an obligation incurred for the construction of an improvement on land,including ihe acquisition costs of land. This Deed of Trust secures a construction loan,and it will be subject to the tertns of a construction loan agreement between Grantor and Lender. Any materials,equipment or supplies used or intended for use in the construction, development, or operation of the Property,whether stored on or off the Pro rty, shall aiso 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 app�y the loan proceeds to the payment of lawful claims for labor and material furnished for such construction. 38. WAIVER OF HOMESTEAD AND OTHER EXEMPTIONS. Grantor hereby waives all homestead and other exemptions in the Property to which GraMor would otherwise be entitled under any applicable law. �. 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 TERM3: ; , _. ; Grantor acknowledges that Grantor has read,understands,and agrees to the terms and conditions of this Deed of Tn�st,and acknowledges receipt of an exact copy of same. Datedthis 22nd dayof March, 1999 GRANTOR: GRANTOR: � A '� /✓1'! ____ KEVIN C. CHILEWSKI GRANTOR: GRANTOR: . � /~ SONYA S. HILEW5RI GRANTOR: GRANTOR: GRANTOR: GRANTOR: NEDOTE Rev.12�J7 Page 5 of 6