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WAIVER <br />In accordance with the provisions of the Nebraska Farm Homestead Protection Act, the undersigned, ROBERT <br />W. WAGONER and KAY E. TRACY, husband and wife, prior to executing the attached Deed of Trust <br />dated May 13, 2000, by and between the undersigned and THE STATE BANK OF CAIRO, A Nebraska <br />Banking Corporation, (hereinafter referred to as "Mortgage ") hereby state and acknowledge: <br />1. The undersigned states, warrants and represents that their dwelling house and other buildings subject to a <br />homestead are presently located upon the following described real estate (hereafter referred to as "Parcel 1 ") <br />A Tract of land in the Southwest Quarter of the Southwest Quarter (SW 1/4 SW 1/4) of Section <br />Twenty -One (21), Township Eleven (11) North, Range Nine (9), West of the 6th P.M., more particularly <br />described as follows: <br />Beginning at a point on the West line of the county road as laid out by County Surveyor <br />Baldwin in 1890, said road running along the East side of the SW 1/4 SW 1/4 of Section 21, <br />said point being located 1920.9 feet South and 33.0 feet West of the Northeast corner (as <br />used since 1890) of the NW 1/4 SW 1/4 of said Section 21, running thence West at right <br />angles 300.00 feet, running thence South parallel with the West line of said county road a <br />distance of 263.9 feet, running thence East a distance of 233.0 feet to the Southwest corner of <br />a tract owned by the City of Grand Island, Nebraska running thence North along the West line <br />of said tract a distance of 100 feet, running thence East along the North line of said tract a <br />distance of 67 feet to a point on the West line of said county road, running thence North along <br />the West line of said county road a distance of 163.9 feet to the point of beginning, containing <br />1.663 acres, more or less, and <br />Part of the Southwest Quarter of the Southwest Quarter (SW 1/4 SW 1/4) of Section Twenty -One (21), <br />Township Eleven (11) North, Range Nine (9), West of the 6th P. M., more particularly described as <br />follows: <br />Commencing at a point 458.6 feet north of the southeast corner of the Southwest Quarter of the <br />Southwest Quarter (SW 1/4 SW 1/4) of Section 21, Township 11 North, Range 9, West of the 6th P.M., <br />at an iron post; running thence north along the east side of said Southwest Quarter of the Southwest <br />Quarter (SW 1/4 SW 1/4), one - hundred (100) feet to an iron post; running thence west at right angles, <br />sixty -seven (67) feet; running thence south at right angles one - hundred (100) feet; and running thence <br />east sixty -seven (67) feet to the point of beginning, all in the City of Grand Island, Hall County, <br />Nebraska; . <br />2. The undersigned acknowledges that they have a right to make a designation of homestead in the Mortgage <br />or Deed of Trust for the purpose of affording the opportunity to retain their homestead in the event of <br />default and foreclosure under the Mortgage or trustee's sale under the Deed of Trust. <br />3. The undersigned acknowledges that the execution of this waiver constitutes the complete waiver of rights <br />otherwise available for the purpose of affording the opportunity to retain a homestead in the event of a <br />default and any foreclosure under the Mortgage or trustee's sale under the Deed of Trust. <br />4. The undersigned state that this acknowledgment and waiver is their knowing and voluntary act and <br />deed and the undersigned do hereby willingly and voluntarily waive, relinquish and remise any and <br />all right to make a designation of homestead in the Mortgage or Deed of Trust. <br />9-� <br />0 <br />M n <br />m cor) <br />4— <br />_ <br />U <br />o r'1 <br />CD <br />VK c <br />' rri <br />rn <br />O D <br />G <br />Q. <br />Tt <br />O <br />Ul <br />— ,- <br />O N <br />Cori <br />=3 <br />cn <br />c0 <br />f V co <br />111 / <br />O <br />D <br />Ul = <br />pY <br />C <br />z <br />20000425' <br />PREFACE TO MORTGAGE OR DEED OF TRUST UNDER <br />FARM HOMESTEAD PROTECTION ACT <br />WAIVER <br />In accordance with the provisions of the Nebraska Farm Homestead Protection Act, the undersigned, ROBERT <br />W. WAGONER and KAY E. TRACY, husband and wife, prior to executing the attached Deed of Trust <br />dated May 13, 2000, by and between the undersigned and THE STATE BANK OF CAIRO, A Nebraska <br />Banking Corporation, (hereinafter referred to as "Mortgage ") hereby state and acknowledge: <br />1. The undersigned states, warrants and represents that their dwelling house and other buildings subject to a <br />homestead are presently located upon the following described real estate (hereafter referred to as "Parcel 1 ") <br />A Tract of land in the Southwest Quarter of the Southwest Quarter (SW 1/4 SW 1/4) of Section <br />Twenty -One (21), Township Eleven (11) North, Range Nine (9), West of the 6th P.M., more particularly <br />described as follows: <br />Beginning at a point on the West line of the county road as laid out by County Surveyor <br />Baldwin in 1890, said road running along the East side of the SW 1/4 SW 1/4 of Section 21, <br />said point being located 1920.9 feet South and 33.0 feet West of the Northeast corner (as <br />used since 1890) of the NW 1/4 SW 1/4 of said Section 21, running thence West at right <br />angles 300.00 feet, running thence South parallel with the West line of said county road a <br />distance of 263.9 feet, running thence East a distance of 233.0 feet to the Southwest corner of <br />a tract owned by the City of Grand Island, Nebraska running thence North along the West line <br />of said tract a distance of 100 feet, running thence East along the North line of said tract a <br />distance of 67 feet to a point on the West line of said county road, running thence North along <br />the West line of said county road a distance of 163.9 feet to the point of beginning, containing <br />1.663 acres, more or less, and <br />Part of the Southwest Quarter of the Southwest Quarter (SW 1/4 SW 1/4) of Section Twenty -One (21), <br />Township Eleven (11) North, Range Nine (9), West of the 6th P. M., more particularly described as <br />follows: <br />Commencing at a point 458.6 feet north of the southeast corner of the Southwest Quarter of the <br />Southwest Quarter (SW 1/4 SW 1/4) of Section 21, Township 11 North, Range 9, West of the 6th P.M., <br />at an iron post; running thence north along the east side of said Southwest Quarter of the Southwest <br />Quarter (SW 1/4 SW 1/4), one - hundred (100) feet to an iron post; running thence west at right angles, <br />sixty -seven (67) feet; running thence south at right angles one - hundred (100) feet; and running thence <br />east sixty -seven (67) feet to the point of beginning, all in the City of Grand Island, Hall County, <br />Nebraska; . <br />2. The undersigned acknowledges that they have a right to make a designation of homestead in the Mortgage <br />or Deed of Trust for the purpose of affording the opportunity to retain their homestead in the event of <br />default and foreclosure under the Mortgage or trustee's sale under the Deed of Trust. <br />3. The undersigned acknowledges that the execution of this waiver constitutes the complete waiver of rights <br />otherwise available for the purpose of affording the opportunity to retain a homestead in the event of a <br />default and any foreclosure under the Mortgage or trustee's sale under the Deed of Trust. <br />4. The undersigned state that this acknowledgment and waiver is their knowing and voluntary act and <br />deed and the undersigned do hereby willingly and voluntarily waive, relinquish and remise any and <br />all right to make a designation of homestead in the Mortgage or Deed of Trust. <br />9-� <br />0 <br />