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<br />88-'100762 <br /> <br />,-- <br /> <br />PREFACE TO MORTGAGE OR TRUST DEED UNDER <br />FARM HOMESTEAD PROTECTION ACT <br />WAIVER AND DISCLAIMER <br /> <br />In accordance with the provisions of the Nebraska Farm <br />Homestead Protection Act, the undersigned, Ernest E. Purdy and <br />Floretta M. Purdy, prior to executing the attached Mortgage or <br />Trust Deed dated February 11, 1988 by and between the undersigned <br />and Norwest Bank Nebraska, N.A. (hereinafter referred to as <br />"Mortgage or Trust Deed") hereby state and acknowledge: <br /> <br />DISCLAIMER <br /> <br />1. That no part of the homestead of the undersigned is <br />presently or in the future will be situated on the following <br />described real estate (hereinafter "Parcell") nor are there any <br />buildings sufficient to be designated as a homestead presently <br />located upon Parcell: <br /> <br />The Northeast Quarter of the NOrtheast Quarter (NEtNE1) of <br />Section Twenty-Five (25), Township Twelve (12) North, Range <br />Nine (9) West of the 6th P.M., Hall County, Nebraska. <br /> <br />2. The undersigned acknowledge that while the Mortgage or <br />Trust Deed remains unsatisfied and a lien on Parcell, they shall <br />have no right presently or in the future to make a designation of <br />homestead on Parcell, including without limitation, in the event <br />of a foreclosure or trustee's sale under the Mortgage or Trust <br />Deed. <br /> <br />3. The undersigned acknowledge that if, contrary to this <br />Disclaimer, they establish a homestead on Parcell during the <br />time the Mortgage or Trust Deed remains unsatisfied and a lien <br />upon Parcell, they shall have no right to make a designation of <br />homestead in the event of a foreclosure or trustee's sale under <br />the Mortgage or Trust Deed. <br /> <br />4. The undersigned state that this acknowledgement is their <br />knowing and voluntary act and deed and constitutes a written <br />disclaimer and acknowledgement under the Nebraska Farm Homestead <br />Protection Act and the undersigned do hereby disclaim any right <br />to designate a homestead in the event of default upon such Mortgage <br />or Trust Deed or in the event of a foreclosure or trustee's sale <br />under the Mortgage or Trust Deed. <br /> <br />5. The undersigned further undersand and agree that this <br />acknowledgement and Disclaimer shall be filed as a Preface to and <br />become a part of the Mortgage or Trust Deed. <br /> <br />L <br /> <br />r--- <br /> <br />-.J <br /> <br /> <br />.f <br />