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<br />FAR" HOHESTEAD PROTECTION ACT <br />WAIVER AND DISCLAI"ER <br /> <br />88- 102313 <br /> <br />In accordance Nith the provisions of the Nebraska Farm Homestead <br />Protection Act, the undersigned, Elmer F. Gartner <br />and Lola r,. Ga~ ' pn Dr to executing the attached <br />"orhge or rust ee dated Mal 5 198"8 by and <br />between the undersigned and NORMEST BAN NEBAASK~ATIONAL <br />~IATION (hereinafter referred to as ""ortgage or Trust Deed") <br />ere y state and acknoMledge: <br /> <br />DISCLAI"ER <br /> <br />1. That no part of the ho.estead of the un~~rsigned is <br />presently Dr in the future Nill be situated on the folloNing <br />described real estate (hereinafter -Parcel 1-) nor are there any <br />buildings sufficient to be designated as a hoaestead presently <br />located upon Parcell: <br /> <br />East Half of the Northwest Quarter (EiNW!) of Section Thirty-Three <br />(33) in Township Nine (9) North, Range Nine (9) West of the 6th P.M., <br />Hall County, Nebraska. <br /> <br />2. The undersigned acknoMledge that "hile the "ortgage or Trust <br />Deed re.ains unsatisfied and a lien on Parcell, they shall have no <br />right presently or in the future to .ake a designation of ho.estead <br />on Parcell, including "ithout Ii.itation, in tfie event of a <br />foreclosure or trustee's sale under the "ortgage Dr Trust Deed. <br /> <br />3. The undersigned acknoMledge that if, contrary to this <br />Disclai.er, they establish a ho.estead on Parcell during the ti.e <br />the "ortgage or Trust Deed re..ins unsatisfied and a lien upon P~rcel <br />1, they shall have no right to aake a designation of ho.estead in the <br />event of a foreclosure Dr trustee's sale under the "ortgage Dr Trust <br />Deed. <br /> <br />4. The undersigned stat~ that thls acknowledge.snt is their <br />knoMing and voluntary act and deed and constitutes a .ritten <br />disclal.er and acknoMledg.ent under the Nebraska Far. Hoaestead <br />Protection Act and the undersigned do herebr disclai. any right to <br />designate a ho.estead in the event of defau t upon such "ortgage ar <br />Trust Deed Dr in the event of a foreclosure or trustee"s sale under <br />the "ortgage or Trust Deed. <br /> <br />5. The undersigned further understand and agree that this <br />acknoMledg.ent and DIsclai.er shall be filed as a Preface to and <br />beco.e a part of the "ortgage or Trust Deed. <br /> <br />WAIVER <br /> <br />1. The undersigned states, warrants and represents that their <br />dMelling house and other buildings subject to a ho.estead are <br />presently located upon the following described rpal estate <br />1hereinefter referted to as .Parcel 2-}. <br /> <br />Soutln~est Quarter of Section Twenty-Eight (28) in Township Nine (9) <br />North, Range Nine (9) West of the 6th P.M. in Hall County. Nebraska. <br /> <br />2. The undersi.gned acknowledge that they have a right to aake a <br />designation of ho.estead in the "ortgage or Trust Deed for the <br />purpose of affording the opportunity to retain their ho.estead in the <br />event of default and foreclosure or trustee's sale under the "ortoage <br />or Trust Deed. - <br /> <br />3: The undersigned acknowledge that the execution of this <br />Waiver constitutes tfie co.plete Naiver of rights other.ise available <br />for th~ purpose of afiording the opportunity to retain a hoaestead in <br />