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WAIVER In accordance with the provisions of the Nebraska Farm Homestead Protection Act, the undersigned, THOMAS A. EMERTON and SEANNE L. EMERTON, husband and wife, prior to executing the attached Deed of Trust dated May 22, 2002, by and between the undersigned and THE STATE BANK OF CAIRO, A Nebraska Banking Corporation, (hereinafter referred to as "Mortgage ") hereby state and acknowledge: 1. The undersigned states, warrants and represents that their dwelling house and other buildings subject to a homestead are presently located upon the following described real estate (hereafter referred to as "Parcel 1 ") A tract of land located in the Southwest Quarter (SW 1/4) of Section Thirty (30), Township Twelve (12) North, Range Eleven (11) West of the 6th Principal Meridian, Hall County, Nebraska, more particularly described as follows: Beginning at the Southeast comer of the SW1/4 of said Section 30; thence Northerly along the East line of said SW1/4 on an assumed bearing of N 00 °00'00" E a distance of 1648.59 feet; thence Westerly bearing N 89 °54'17" W a distance of 313.07 feet; thence Southerly bearing S 00 °06'06" W a distance of 1154.37 feet; thence Westerly bearing N 89 °24'57" W a distance of 404.04 feet; thence Southwesterly bearing S 30 °31'53" W a distance of 262.30 feet; thence Southerly bearing S 2 °06'14" W a distance of 269.66 feet to a point on the South line of said SWl /4; thence Easterly along the South line of said SWIA bearing S 89 °46'15" a distance of 862.30 feet to the point of beginning; said tract containing 17.69 acres more or less, the Southerly 33 of which being Hall County road right -of -way. 2. The undersigned acknowledges that they have a right to make a designation of homestead in the Mortgage or Deed of Trust for the purpose of affording the opportunity to retain their homestead in the event of default and foreclosure under the Mortgage or trustee's sale under the Deed of Trust. 3. The undersigned acknowledges that the execution of this waiver constitutes the complete waiver of rights otherwise available for the purpose of affording the opportunity to retain a homestead in the event of a default and any foreclosure under the Mortgage or trustee's sale under the Deed of Trust. 4. The undersigned state that this acknowledgment and waiver is their knowing and voluntary act and deed and the undersigned do hereby willingly and voluntarily waive, relinquish and remise any and all right to make a designation of homestead in the Mortgage or Deed of Trust. 5. The undersigned further understand and agree that this acknowledgment and waiver shall be filed as a Preface to and become a part of the Mortgage or Deed of Trust. Dated: May 22, 2002 STATE OF NEBRASKA) ) SS COUNTY OF HALL ) -". THOMAS A. EMERTON `. SEANNE L. EMERTON The foregoing instrument was acknowledged before me on May 22, 200 THOM S A. EMERTON and SEANNE L. EMERTON, husband and wife. \ A 6ENFI GRACE SCHNA. S Y OTARY PIJBLIC n00Wtmkn62p05 —r cn X n M Z c o_ T m to ry o y Q Q 2 D Z_ O m y Rr m 6 0 � � Cl1 N PREFACE TO MORTGAGE OR DEED OF TRUST UNDER FARM HOMESTEAD PROTECTION ACT WAIVER In accordance with the provisions of the Nebraska Farm Homestead Protection Act, the undersigned, THOMAS A. EMERTON and SEANNE L. EMERTON, husband and wife, prior to executing the attached Deed of Trust dated May 22, 2002, by and between the undersigned and THE STATE BANK OF CAIRO, A Nebraska Banking Corporation, (hereinafter referred to as "Mortgage ") hereby state and acknowledge: 1. The undersigned states, warrants and represents that their dwelling house and other buildings subject to a homestead are presently located upon the following described real estate (hereafter referred to as "Parcel 1 ") A tract of land located in the Southwest Quarter (SW 1/4) of Section Thirty (30), Township Twelve (12) North, Range Eleven (11) West of the 6th Principal Meridian, Hall County, Nebraska, more particularly described as follows: Beginning at the Southeast comer of the SW1/4 of said Section 30; thence Northerly along the East line of said SW1/4 on an assumed bearing of N 00 °00'00" E a distance of 1648.59 feet; thence Westerly bearing N 89 °54'17" W a distance of 313.07 feet; thence Southerly bearing S 00 °06'06" W a distance of 1154.37 feet; thence Westerly bearing N 89 °24'57" W a distance of 404.04 feet; thence Southwesterly bearing S 30 °31'53" W a distance of 262.30 feet; thence Southerly bearing S 2 °06'14" W a distance of 269.66 feet to a point on the South line of said SWl /4; thence Easterly along the South line of said SWIA bearing S 89 °46'15" a distance of 862.30 feet to the point of beginning; said tract containing 17.69 acres more or less, the Southerly 33 of which being Hall County road right -of -way. 2. The undersigned acknowledges that they have a right to make a designation of homestead in the Mortgage or Deed of Trust for the purpose of affording the opportunity to retain their homestead in the event of default and foreclosure under the Mortgage or trustee's sale under the Deed of Trust. 3. The undersigned acknowledges that the execution of this waiver constitutes the complete waiver of rights otherwise available for the purpose of affording the opportunity to retain a homestead in the event of a default and any foreclosure under the Mortgage or trustee's sale under the Deed of Trust. 4. The undersigned state that this acknowledgment and waiver is their knowing and voluntary act and deed and the undersigned do hereby willingly and voluntarily waive, relinquish and remise any and all right to make a designation of homestead in the Mortgage or Deed of Trust. 5. The undersigned further understand and agree that this acknowledgment and waiver shall be filed as a Preface to and become a part of the Mortgage or Deed of Trust. Dated: May 22, 2002 STATE OF NEBRASKA) ) SS COUNTY OF HALL ) -". THOMAS A. EMERTON `. SEANNE L. EMERTON The foregoing instrument was acknowledged before me on May 22, 200 THOM S A. EMERTON and SEANNE L. EMERTON, husband and wife. \ A 6ENFI GRACE SCHNA. S Y OTARY PIJBLIC n00Wtmkn62p05