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CA n <br />4- m vim, <br />VT 1 <br />O <br />/ )U fi <br />ale <br />oa <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, GERALD <br />L. DEAN and PAMELA K. DEAN, husband and wife, prior to executing the attached Deed of Trust dated <br />May 28, 2003, by and between the undersigned and THE STATE BANK OF CAIRO, A Nebraska Banking <br />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 <br />1 ") <br />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 <br />of the 6th P.M., Hall County, Nebraska, more particularly described as follows: Beginning at the northeast corner of said Northeast <br />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 <br />Fifty -eight Hundredths (700.58) feet; thence deflecting right 89 °15'34" and running westerly a distance of Nine Hundred Ninety -four and <br />Thirty -nine Hundredths (994.39) feet; thence deflecting left 86 °30'56" and running southerly a distance of One Hundred Eighty -seven and <br />Forty -one Hundredths (187.41) feet; thence deflecting right 87 °18'18" and running westerly a distance of Five Hundred Eighty and <br />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; <br />thence running northwesterly along the easterly right of way line of Nebraska Highway No. 11 and the arc of a curve to the right whose <br />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 <br />last described course, a long chord distance of Nine Hundred Six and Sixty -four Hundredths (906.64) feet, to a point of tangency; thence <br />deflecting right 09'18'Ot" from the last described course and continuing northerly along the easterly right of way line of Nebraska <br />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); <br />thence deflecting right 90 016'45" and running easterly along the north line of said Northeast Quarter (NE 1/4), a distance of One Thousand <br />Seven Hundred Twenty Eight and Forty -four Hundredths (1,728.44) feet, to the point of beginning and containing 30.578 acres more or <br />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.. <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 />5. The undersigned further understand and agree that this acknowledgment and waiver shall be filed as a <br />Preface to and become a part of the Mortgage or Deed of Trust. <br />Dated: May 28, 2003 <br />STATE OF NEBRASKA) <br />) SS <br />COUNTY OF HALL ) <br />GERALD L. DEAN <br />PAMELA! K. DEAN <br />The foregoing instrument was acknowledged before me on May 28, 2003, by GERALD L. DEAN and <br />PAMELA K. DEAN, husband and wife. <br />6ENE6AI. NOU State of Nebraska <br />IRVIN BALDWIN <br />My Comm. Exp. Nov 14, 2005 <br />t° <br />NOTARY PUBLIC <br />n <br />r) <br />raJ <br />� <br />U; <br />rn <br />CD <br />C <br />M <br />_ <br />." <br />_. <br />C= <br />fV <br />z <br />�,1 <br />_� <br />M. <br />C� <br />rT <br />-c <br />o <br />O. <br />O <br />Q, <br />a\ <br />co <br />iW <br />o <br />© <br />rn <br />r— a <br />�- <br />co <br />x <br />—� <br />A <br />CID <br />O <br />"' <br />z <br />0 <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, GERALD <br />L. DEAN and PAMELA K. DEAN, husband and wife, prior to executing the attached Deed of Trust dated <br />May 28, 2003, by and between the undersigned and THE STATE BANK OF CAIRO, A Nebraska Banking <br />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 <br />1 ") <br />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 <br />of the 6th P.M., Hall County, Nebraska, more particularly described as follows: Beginning at the northeast corner of said Northeast <br />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 <br />Fifty -eight Hundredths (700.58) feet; thence deflecting right 89 °15'34" and running westerly a distance of Nine Hundred Ninety -four and <br />Thirty -nine Hundredths (994.39) feet; thence deflecting left 86 °30'56" and running southerly a distance of One Hundred Eighty -seven and <br />Forty -one Hundredths (187.41) feet; thence deflecting right 87 °18'18" and running westerly a distance of Five Hundred Eighty and <br />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; <br />thence running northwesterly along the easterly right of way line of Nebraska Highway No. 11 and the arc of a curve to the right whose <br />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 <br />last described course, a long chord distance of Nine Hundred Six and Sixty -four Hundredths (906.64) feet, to a point of tangency; thence <br />deflecting right 09'18'Ot" from the last described course and continuing northerly along the easterly right of way line of Nebraska <br />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); <br />thence deflecting right 90 016'45" and running easterly along the north line of said Northeast Quarter (NE 1/4), a distance of One Thousand <br />Seven Hundred Twenty Eight and Forty -four Hundredths (1,728.44) feet, to the point of beginning and containing 30.578 acres more or <br />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.. <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 />5. The undersigned further understand and agree that this acknowledgment and waiver shall be filed as a <br />Preface to and become a part of the Mortgage or Deed of Trust. <br />Dated: May 28, 2003 <br />STATE OF NEBRASKA) <br />) SS <br />COUNTY OF HALL ) <br />GERALD L. DEAN <br />PAMELA! K. DEAN <br />The foregoing instrument was acknowledged before me on May 28, 2003, by GERALD L. DEAN and <br />PAMELA K. DEAN, husband and wife. <br />6ENE6AI. NOU State of Nebraska <br />IRVIN BALDWIN <br />My Comm. Exp. Nov 14, 2005 <br />t° <br />NOTARY PUBLIC <br />