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I " J:~ ,." t " i 88- 101604 PREFACE TO MORTGAGE UNDER FARM HOMESTBAD PROTECTION ACT DISCLAIMER In accordance with the provisions of the Nebraska l.'arm Homestead Protection act, the undersigned, JOHN H. ALLAN and CONNIE L. ALLAN. priol' to executing the attached Mortgage dated March r~/:;", 19BB, by and between the uhdersigned and THE STATE BANK OF CAIRO, a Nebraska Bankina Corporation, (hereinafter referred to as "Mortgage") hereby state and acknowledge: . 1. That no part of the homestead of the undersigned is presently; or in the future will be, situated on the following described real cstate,(hereafter real estate) nor are there any buildings sufficient. to be designated as a homestead, presently located upon said real estate: The South Half of the Northwest Quarter (S1/2NW1/4) of Sect.ion 21, in Township 11 North, Range 12, West of the 6th P.M., Hall County, Nebraska, excepting a tract containing 12 acres, more or less, and being the Southerly 553 feet of the Wesler)y 945.25 feet of the Southweat Quarter, of said Northwest Quarter; and The South Half of the Northeast Quarter of Section 7, Township 9 North, Range 15, West of the 6th P.M., Buffalo County, Nebraska, except 2.755 acres, more particularly described as follows: Referring to the Southeast corner of the Northeast Quarter of said Section 7; thence Westerly on the South line of said Nort.heast Quarter a distance of 679.0 feet to the ACTUAL PLACE OF BEGINNlliG; thence continuing westerly on the aforedescribed course a distance of 418.5 feet; thence with a deflection angle to the right of 90 degrees 00' and in a Northerly direction a distance of 292.0 feet; thence right 90 degrees 00' and in an Easterly direction a distance of 196.5 feet; thence right 90 degrees 00' and in a Southerly direction a distance of 81.0 feet; thence left 90 degrees 00' and in an Easterly direction a distance of 20.0 feet; thence right 90 degrees 00' and in a Southerly direction a distance of 211.0 feet to the place of beginning, containing 2.755 acres, more or lesst of which 0.317 acres, more or less are presently being used for road purposes. " 2. The undersigned acknowledge that while the Mortgage remains unsatisfied and a lien on said real estate, they shall have no right presently or in the future to make a designation of homestead on said real estate, including without limitation, in the event of a foreclosure under the mortgage. 3. The undersigned acknowledge that if, contrary to this Disclaimer, they establish a homestead on said real estate during the time the Mortgage remains unsatisfied and a lien upon said real estate, they shall have no right to make a designation of homestead in the event of a foreclosure under the Mortgage. 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 hereb~' disclaim an)' right to designate a homestead in the event of default upon such Mortgage or in the event of a foreclosure under the Mortgage. r- I I I J 1 i 5. The undersigned further understand and agree that. this acknowledgment and Disclaimer shall be fBed as a Preface to and become a part of the Mortgage. Dated .f _ J/.jJ}J IA-^l~ OIL . . A /) -j / . .Y--" /' } /, "-. . /' //1 '< ,.-/,. /" ~" ~2(X1.<._,u)'.C...LJ!Xt..<-- Conme I.. Allan ' i t ". ! ~ V" ~-' t. . ~ +--