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<br /> PREFACE TO MORTGAGE OR DEED OF TRUST UNDER
<br /> FARM HOMESTEAD PROTECTION ACT
<br /> WAIVER �S
<br /> Sa
<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 dated
<br /> November 9, 1999, 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 /> l. 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
<br /> the Southwest Quarter (SW 1/4 SW 1/4) of Section 21, Township 11 North, Range 9, West
<br /> of the 6th P.M., at an iron post; running thence north along the east side of said Southwest
<br /> Quarter of the Southwest Quarter (SW 1/4 SW 1/4), one-hundred (100) feet to an iron post;
<br /> running thence west at right angles, si�y-seven (67) feet; running thence south at right angles
<br /> one-hundred (100) feet; and running thence east sixty-seven (67) feet to the point of
<br /> beginning, all in the City of Grand Island, Hall County, 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.
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