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r ••c.' RE RECORDED' � <br /> . •, . " I <br /> 99���a5�3� WAIVER OF HOMESTEAD <br /> ��� . <br /> ��� <br /> 1. DATE AND PARTIES. The date of this Waive� of Homestead ("WAIVER") is March 31, 1999 , and <br /> the mailing address of the undersigned(whether one or more "TRUSTOR") is: <br /> c/o T. & E. Cattle Company 4444 West 13th St. Grand Island NE 68803 <br /> 2. BACKGROUND. In accordance with the provisions of the Revised Nsbraska Statutes of 1943, TRUSTOR, prior to <br /> executing the attached LIEN DOCUMENT(which is either a Deed of Trust or Mortgage),dated , <br /> and executed by TRUSTOR in favor of First National Bank of Omaha ("BANK"), hereby makes the following <br /> statements, representations and warranties. <br /> 3. WAIVER OF HOMESTEAD. TRUSTOR hereby states, represents and warrants: <br /> A. That TRUSTOR'S dwelling house or rental house and other buildings subject to a homestead are <br /> presently located upon the following described real estate("PROPERTY"): <br /> The Southwest Quarter (SW1/4) of Section Nine (S9) Township Eleven (T11) <br /> North, Range Ten (R10) West of the 6th P.M. , Hall County NE <br /> i <br /> B. That TRUSTOR understands that he or she has the right to make a designation of homestead in the LIEN <br /> DOCUMENT and the execution of this WAIVER constitutes the waiver of rights otherwise available for <br /> the purpose of affording the TRUSTOR the opportunity to redeem or retain his or her homestead in the <br /> event of default upon such LIEN DOCUMENT. <br /> C. That TRUSTOR acknowledges that while the LIEN DOCUMENT remains unsatisfied and a lien on the <br /> PROPERTY, TRUSTOR shall have no right presently or in the future to make a designation of homestead <br /> on the PROPERTY, including without limitation, in the event of foreclosure or Trustee's sale under the <br /> LIEN DOCUMENT. <br /> D. That TRUSiOR states this WAIVER is TRUSTOR'S knowing and voluntary act and deed and constitutes a <br /> written WAIVER and acknowledgment under the Homestead Laws of the State of Nebraska, and further <br /> TRUSTOR does hereby disciaim any right to designate a homestead in the Event of Default upon such <br /> LIEN DOCUMENT or in the event of foreclosure or Trustee's sale under the LIEN DOCUMENT. <br /> E. That TRUSTOR further understands and agrees that this WAIVER shall be filed as a preface to and <br /> become a part of the LIEN DOCUMENT. <br /> 4. SURVIVAL OF EXECUTION OF LIEN DO�UMENT. TRUSTOR agrees and acknowledges that this WAIVER shall be <br /> filed as a Preface to the LIEN DOCUMENT,shall survive the execution of the LIEN DOCUMENT and shall become a <br /> part of and incorporated into the LIEN DOCUMENT. <br /> T as S. Baxter <br /> � <br /> E1 abeth Baxter <br /> ACi�RiOWf�EDfa�IIfEMi Ff3R itdDIViD6}AL ----__-- <br /> State of �2 b r a s�a ) <br /> )SS <br /> County of N a 1 I ) <br /> On this _� j day of �, 19�, personally appeared %o�rl �l axtev anc� /=' l;zA;�-r� <br /> l.��x ter , known to me to be t e person(s) w ose name s) is/are . <br /> subscribed to the oregoing instrument, and acknowledged that he/she/they executed the same as his/h,er/their <br /> voluntary act and deed,and if married, intending to bind his/her separate estat <br /> Notar ublic <br /> �III GENERAI NOIARY•State ot Nebraska <br /> STEPHANIE S.HOLSCHER <br /> My Comm.Exp.luly 4,1999 <br /> 101010•098 Rtv.11/88 <br />