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2d006,�Ml <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, ALOYSIUS R. PANOWICZ <br />(a/k/a AL R. PANOWICZ) and EVELYN D. PANOWICZ, husband and wife, prior to executing the attached Deed of Trust <br />dated June 16, 2000, by and between the undersigned and THE STATE BANK OF CAIRO, A Nebraska Banking Corporation, <br />(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 homestead are <br />presently located upon the following described real estate (hereafter referred to as "Parcel V) <br />The Southwest Quarter (SW 1/4) of Section Twenty Two (22) in Township Twelve (12) North, Range Eleven (11) West ofthe 6th P.M., Hall County, Nebraska, <br />except tract deeded to the State of Nebraska by Deed recorded in Book 85 at Page 10, subject to the right of way of the Grand Island and Wyoming Central <br />Railroad Company; and <br />A tract of land located in the Northwest Quarter of the Southeast Quarter (NW 1/4 SE 1/4) of Section 31, Township 12 North, Range 10 West of the 6th P.M., <br />Hall County, Nebraska, described as: Commencing at the Northeast comer of the Northwest Quarter of the Southeast Quarter of Section 31, and proceeding in <br />Westerly direction along and upon the North line of the Northwest Quarter of the Southeast Quarter a distance of 330 feet; thence proceeding South parallel to the <br />West line of Section 31, a distance of 330 feet; thence proceeding Easterly parallel with the South line of Section 31, a distance of 330 feet; thence proceeding <br />North along and upon the East line of the Northwest Quarter of the Southeast Quarter Section 31, a distance of 330 feet to the point of beginning; and <br />The Southwest Quarter (SW 1/4) and West Half of the Southeast Quarter(WI /2SE1 /4), Section Thirty-One (31), Township Twelve (12) North, Range Ten (10), <br />West of the 6th P.M., Hall County, Nebraska, excepting therefrom the rectangular tract of 73.5 acres devised under the Will of James B. Lesher, deceased, to <br />Rosa Starr, which 73.5 acres are more particularly described as a rectangular tract with the South line of the SE 1/4 and the W 1/2 of the SE 1/4 as its South <br />boundary line, said tract being conveyed containing 148.5 acres, subject to highway right o way and easements for pipeline granted to Kansas Nebraska Gas <br />Company; and <br />2. The undersigned acknowledges that they have a right to make a designation of homestead in the Mortgage or Deed of Trust for <br />the purpose of affording the opportunity to retain their homestead in the event of default and foreclosure under the Mortgage or <br />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 otherwise available <br />for the purpose of affording the opportunity to retain a homestead in the event of a default and any foreclosure under the <br />Mortgage or trustee's sale udder the Deed of Trust. <br />4. The undersigned state that this acknowledgment and waiver is their knowing and voluntary act and deed and the <br />undersigned do hereby willingly and voluntarily waive, relinquish and remise any and all right to make a designation of <br />homestead in the Mortgage or Deed of Trust. <br />5. The undersigned further understand and agree that this acknowledgment and waiver shall be filed as a Preface to and become a <br />part of the Mortgage or Deed of Trust. <br />Dated: June 16, 2000 <br />STATE OF NEBRASKA) <br />) SS <br />COUNTY OF HALL ) <br />4*LYN D. PANOWIC <br />The foregoing instrument was acknowledged before me on June 16, 2000, by ALOYSIUS R. PANOWICZ <br />(a/k/a AL R. PANOWICZ) and EVELYN D. PANOWICZ, husband and wife. <br />At, <br />1 NOTARY PUBLIC <br />