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<br /> !10 Q~\~ <br /> m <br /> Ii' 'Tt r...., <br /> c::: m Vi c..). () (n <br /> Z () :I <==> <br /> n 7l; ~\ -.;J o ~1 <br /> ,.. X ~ C -'-1 el> <br /> m ~ ~ ~~' m z~ <br /> n en .\5 rT'l . CO -1m <br /> 111; X <::> - -<0 <br />N ~ 0 0" <br />s ....., CO "z <br />S Cl r :r: rr1 <br />-..J I rT'l -0 l> OJ <br />S rT'l ::3 r :;u <br />........ CJ 'l> <br />S (J) (fl <br />c..n Co:) ?" <br />N " <br />. , l> <br /> c...') --- '--" <br /> .. ....... (fl <br /> (fl <br /> <br /> <br />PREFACE TO MORTGAGE OR DEED OF TRUST UNDER <br />FARM HOMESTEAD PROTECTION ACT <br /> <br />(Ill' <br />O~ <br />t;3. <br />cor <br />-...J <br />C> <br />..-.... <br />C) <br />en <br /> <br /> <br />~f <br /> <br />~ <br /> <br /> <br />In accordance with the provisions of the Nebraska Farm Homestead Protection Act, the undersignd, David L. -~ <br />Spiehs and Tarriela J. Spiehs, husband and wife, prior to executing the attached Deed of Trust dated <br />February 7, 2007, by and between the undersigned and PATHWAY BANK OF CAIRO, A Nebraska <br />Banking Corporation, (hereinafter referred to as "Mortgage") hereby state and acknowledge: <br /> <br />DISCLAIMER <br /> <br />1. That no part of the homestead of the undersigned is presently, or in the future will be, situated on the <br />following described real estate, (hereafter Parcell) nor are there any buildings sufficient to be designated <br />as a homestead, presently located upon said Parcel I: <br /> <br />The South Half of the Northeast Quarter (Sl/2NEl/4) and The North Half of the Northeast <br />Quarter (Nl/2NEl/4) of Section Thirteen (13), Township Eleven (11) North, Range Twelve <br />(12) West of the 6th P.M., Hall County, Nebraska, Excepting a certain tract more particularly <br />described in Warranty Deed recorded in Book 118, Page 587; Excepting a certain tract more <br />particularly described in Warranty Deed recorded in Book 122, Page 137; Excepting a <br />certain tract more particularly described in Warranty Deed recorded in Book 157, Page 478; <br />Excepting a certain tract more particularly described in Warranty Deed recorded in Book <br />179, Page 206. <br /> <br />2. The undersigned acknowledge that while the Mortgage or Deed of Trust remains unsatisfied and a lien on <br />said Parcell, they shall have no right presently or in the future to make a designation of 110mestead on <br />Parcell, including without limitation, in the event of a foreclosure or trustee's sale under the mortgage or <br />Deed of Trust. <br /> <br />3. The undersigned acknowledge that if, contrary to this Disclaimer, they establish a homestead on said Parcel <br />1 during the time the Mortgage or Deed of Trust remains unsatisfied and a lien upon Parcell, they shall <br />have no right to make a designation of homestead in the event of a foreclosure or trustee's sale under the <br />Mortgage or Deed of Trust. <br /> <br />4. The undersigned state that this acknowledgment is their knowing and voluntary act and deed and <br />constitutes a written disclaimer and acknowledgment under the Nebraska Farm Homestead <br />Protection Act and the undersigned do hereby disclaim any right to designate a homestead in the <br />event of default upon such Mortgage or Deed of Trust or in the event of a foreclosure or trustee's <br />sale under the Mortgage or Deed of Trust. <br /> <br />5. The undersigned further understand and agree that this acknowledgment and Disclaimer shall be tiled as a <br />Preface to and become a part of the Mortgage or Deed of Trust. <br /> <br />8~ :1. ~.'.Jt <br />~ -J: aVl~itJ' <br /> <br />~Ia ./. Spieh, <br /> <br />Dated: February 07, 2007 <br /> <br />STATE OF NEBRASKA) <br />) SS <br />COUNTY OF HALL ) <br /> <br /> <br /> <br />ary 7, 2007, by David L. Spiehs and <br /> <br />~~ ' <br /> <br />NOT ARYPUBLIC <br /> <br />The foregoing instrument was acknowledged before me on F <br />Tamela J. Spiehs, husband and wife. <br /> <br />...101111-111111' "'as~ .. <br />....1.8UWVAN t <br />- <br />