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M n m M N T = D Z = U n U) ° f _< o O C N T1 Z C) r O D W O CD O X s F� C/) __J c N PREFACE TO MORTGAGE OR DEED OF TRUST UNDER o FARM HOMESTEAD PROTECTION ACT WAIVER 0 In accordance with the provisions of the Nebraska Farm Homestead Protection Act, the undersigned, GERALD L. DEAN and PAMELA K. DEAN, husband and wife, prior to executing the attached Deed of Trust dated April 17, 2001, by and between the undersigned and THE STATE BANK OF CAIRO, A Nebraska Banking Corporation, (hereinafter referred to as "Mortgage ") hereby state and acknowledge: 1. The undersigned states, warrants and represents that their dwelling house and other buildings subject to a homestead are presently located upon the following described real estate (hereafter referred to as "Parcel 1 ") A tract of land comprising a Part of the Northeast Quarter (NE 1/4), of Section One (1), Township Twelve (12), Range Twelve (12) North of the 6th P.M., Hall County, Nebraska, more particularly described as follows: Beginning at the northeast corner of said Northeast Quarter (NE 1/4); thence running southerly along the east line of the said Northeast Quarter (NE 1/4), a distance of Seven Hundred and Fifty -eight Hundredths (700.58) feet; thence deflecting right 89 °15'34" and running westerly a distance of Nine Hundred Ninety -four and Thirty -nine Hundredths (994.39) feet, thence deflecting left 86 °30'56" and running southerly a distance of One Hundred Eighty -seven and Forty -one Hundredths (187.41) feet; thence deflecting right 97'18'19" and running westerly a distance of Five Hundred Eighty and Ninety -four Hundredths (580.94) feet, to a point on the easterly right of way line of Nebraska Highway No. 11, and to a point on a curve; thence running northwesterly along the easterly right of way line of Nebraska Highway No. I 1 and the arc of a curve to the right whose radius is Two Thousand Eight Hundred Five and Four Hundredths (2,805.04) feet, the long cord of which deflects right 80 °47'53" from the last described course, a long chord distance of Nine Hundred Six and Sixty -four Hundredths (906.64) feet, to a point of tangency; thence deflecting right 09'19'0 1" from the last described course and continuing northerly along the easterly right of way line of Nebraska Highway No. 11, a distance of Seventeen and Nine Tenths (17.90) feet, to a point on the north line of said Northeast Quarter (NE 1/4); thence deflecting right 90 °16'45" and running easterly along the north line of said Northeast Quarter (NE 1/4), a distance of One Thousand Seven Hundred Twenty Eight and Forty -four Hundredths (1,728.44) feet, to the point of beginning and containing 30.578 acres more or less of which 1.815 acres more or less is presently occupied by public road right of way. Net 28.763 acres more or less.. 2. The undersigned acknowledges that they have a right to make a designation of homestead in the Mortgage or Deed of Trust for the purpose of affording the opportunity to retain their homestead in the event of default and foreclosure under the Mortgage or trustee's sale under the Deed of Trust. 3. The undersigned acknowledges that the execution of this waiver constitutes the complete waiver of rights otherwise available for the purpose of affording the opportunity to retain a homestead in the event of a default and any foreclosure under the Mortgage or trustee's sale under the Deed of Trust. 4. The undersigned state that this acknowledgment and waiver is their knowing and voluntary act and deed and the undersigned do hereby willingly and voluntarily waive, relinquish and remise any and all right to make a designation of homestead in the Mortgage or Deed of Trust. 5. The undersigned further understand and agree that this acknowledgment and waiver shall be filed as a Preface to and become a part of the Mortgage or Deed of Trust. Dated: April 17, 2001 STATE OF NEBRASKA) ) SS COUNTY OF HALL ) GERALD L. DEAN PAMELA K. DEAN The foregoing instrument was acknowledged before me on April 17, 2001, by GERALD L. DEAN and PAMELA K. DEAN, husband and wife. � 16N1 1AL!0M d \ 71 '��M�m_Fxa, // —/-o� NOTARY PUBLIC