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~ .....' . FAR" HDMESTEAD PRDTECTION ACT WAIVER AND DISCLAIMER 88- 103751 In accDrdance with the p~avisiDns of the Nebraska Far. Homestead Protecti on Act. the undersi gned. Jefferey A. Binfield and Pamela Jo 11,.~fijla,' , prior to executug the attached Mortage or Trus ee ated ~lv R 19~ by and between the undersigned and NDRN T SA K NEBAASK~ATIONAl ASSOCIATION (hereinafter referred to as unortgage Dr Trust Deedn) hereby state and acknowledge: .c.~ DISCUUMER 1. That no part of the haaestead of the undersigned is presently or in the future .ill be situated on the following described real estate (hereinafter .Parcel 1.) nor are there any buildings sufficient to be designated as a homestead presently located upon Parcell: ., Not Applicable 2. The undersigned acknowledge that while the "ortgage or Trust Deed remains unsatisfied and a lien on Parcell, they shall have no right presently or in the future to uke a designation of homestead on Parcell, including without limitation, in the event of a foreclosure or trustee's sale under the "o~tgaqe Dr Trust Deed. 3. The undersigned acknowledge that if, contrary to this Disclai.er, they establish a ho.estead on Parcel 1 during the time the "o~tgage or Trust Deed remains unsatisfied and a lien upon Parcel 1, they shall have no right to a~ke a designation of hoaestead in the event of a foreclosure or trustee's sale undE!~ the "ortgage Dr Trust Deed. 4. The undersigned state that this acknowledgement is their knowing and voluntary ~ct and deed and constitutes a written disclal.er and acknowledg.ent under the Nebraska Farm Homestead Protection Act and the undersigned do herebr disclaim any right to designate a ho.estead in the event of defau t upon such "ortgage or Trust Deed o~ in the event of a fo~eclDsure or t~ustee's sale unde~ the "ortgage or Trust Deed. S. The undersi9ned further under"stand ~nd agree that thi s acknowledgaent and Dlsclai.er shall be filed as a Preface to and beca.. a part gf the Mortgage or Trust Deed. 1 . WAIVER 1. The undersigned states, ..arrants and represents that dNelling house and ather buildings subject toa homestead are presently located upon the follo.ing described real estate (hereinafter referred to as .a~~~). Exhibit 'At their See attached Exhibit 'At 2. The undersigned acknowledge that the, h.ve a right to a.ke a designation of hoaestead in the "ortgage Dr Trust n.ed for the purpose of affording the opportunity to retain their hoa.stead in the event of default and foreclosure or trustee's sale under the "o~tga;e Dr Trust Deed. 3. The undersigned IctnDMledge that the execution af this Maiver constitutes tfi. coaplete waIver of rights ather.ise Ivailable far the purpaRe af affording the opportunity to retain a hoeestead in