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<br />I <br /> <br />88- 102101 <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. Niemoth Family Partnership, <br />Ltd. and Kenneth E. Niemoth and Lois L. Niemoth, prior to executing <br />the attached Mortgage or Trust Deed dated April 25, 1988 by and <br />between the undersigned and Norwest Bank Nebraska, N.A. (hereinafter <br />i"eferred to as lIt-fortgage or Trust Deedll) hereby state and <br />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 t1parcel 1") nor are there any <br />buildings sufficient to be designated as a homestead presently <br />located upon Parcell: <br /> <br />NEt NWt of Sec. 22, Twp. 12 North, R 9 West of the 6th P.M. and <br />the wi swt Sec. 3; NEt NEt Sec. 9 ~ll in Twp. 12 North. R 9 West <br />of the 6th P.M., all in Hall County, Nebraska <br /> <br />2. The undersigned acknowledge that while the Mortgage or <br />Trust Deed remains unsatisfied and a lien on Parcel I, 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 Parcel 1 during the <br />time the Mortgage or Trust Deed remains unsatisfied and a lien <br />upon Parcel I, 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 understand 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 /> <br />L <br /> <br />--1 <br /> <br />L <br />