200509217 - Laserfiche WebLink

Browse

200509217 PREFACE TO MORTGAGE OR DEED OF TRUST UNDER FARM HOMESTEAD PROTECTION ACT DISCLAIMER In accordance with the provisions of the Nebraska Farm Homestead. Protection Act, the undersigned, Sandra J. Burry, an unmarried -yvoman and Carolyn J. Heupel, an unmarried woman, prior to executing the attached Deed of Trust dated August', 2005, by and between the undersigned and THE STATE BANK OF CAIRO, A Nebraska Banking Corporation, (hereinafter referred to as "Mortgage ") hereby state and acknowledge: That no part of the homestead of the undersigned is presently, or in the future will be, situated on the following described real estate, (hereafter Parcel 1) nor are there any buildings sufficient to be designated as a homestead, presently located upon said Parcel 1: The Southeast Quarter (SE 1/4) of Section Twenty (20), Township Twelve (12) North, Range Eleven (11), West of the 6`" P.M., Hall County, Nebraska excepting there from a tract of ground more particularly described as follows: Beginning at a point on the South line of said Section Twenty (20), said point being Twenty Five (25.0) Feet East of the Southwest corner of said Southeast Quarter (SE1 /4); thence easterly along the South line of said of said Section Twenty (20), a distance of Six Hundred Forty Five (645.0) Feet; thence deflecting left 91'22' and running Northerly a distance of Four Hundred Sixty Five (465.0) Feet; thence Westerly parallel to the South line of said Section Twenty (20), a distance of Six Hundred Forty Five (645.0) Feet; thence deflecting left 91 °22' and running southerly a distance of Four Hundred Sixty Five (465.0) Feet to the place of beginning, and also excepting there from a tract of ground more particularly described in the Deed recorded at Book 82, Page 599 in the Office of the Register of Deeds of Hall County, Nebraska, and excepting a tract of land more particularly described in Warranty Deed recorded as Document No.78- 008525, and excepting the Railroad Right -of -Ways and Highway Right -of -Ways. 2. The undersigned acknowledge that while the Mortgage or Deed of Trust remains unsatisfied and a lien on said Parcel 1, they shall have no right presently or in the future to make a designation of homestead on Parcel 1, including without limitation, in the event of a foreclosure or trustee's sale under the mortgage or Deed of Trust. 3. The undersigned acknowledge that if, contrary to this Disclaimer, they establish a homestead on said Parcel 1 during the time the Mortgage or Deed of Trust remains unsatisfied and a lien upon Parcel 1, they shall have no right to make a designation of homestead in the event of a foreclosure or trustee's sale under the Mortgage or Deed of Trust. 4. The undersigned state that this acknowledgment is their knowing and voluntary act and deed and constitutes a written disclaimer and acknowledgment under the Nebraska Farm Homestead Protection Act and the undersigned do hereby disclaim any right to designate a homestead in the event of default upon such Mortgage or Deed of Trust or in the event of a foreclosure or trustee's sale under the Mortgage or Deed of Trust. 5. The undersigned further understand and agree that this acknowledgment and Disclaimer shall be filed as a Preface to and become a part of the Mortgage or Deed of Trust. Dated: August i�, 2005 . �, V Sandra J. Bukj Carolyn J. He pel +,/ STATE OF NEBRASKA ) )SS COUNTY OF �u C The foregoing instrument was acknowledged before me on �� G / , 2005, by Sandra J. Burry, an unmarried woman. GENERAL NOTARY -State of Nebraska LORI ETHOFER My Comm. Exp. August 16,2M �--� NOTARY PUB STATE OF NEBRASKA ) ) SS COUNTY OF HALL ) 0N- The foregoing instrument was acknowledged before me on August cam' 92005, by Carolyn J. Heupel, an unmarried woman. GENERI4lNOTAEFCteONTARYPUBLIC I - .tHOM My Comm. Exp, Feb. 15, 2000