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88104096
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Last modified
3/9/2007 5:41:33 PM
Creation date
3/9/2007 4:38:41 AM
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DEEDS
Inst Number
88104096
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<br />88- 104096 <br /> <br />DEED OF TRUST <br /> <br />THIS DOCUMENT IS NOT A MORTGAGE <br /> <br />BRUCE HOWE and CINDY HOWE, Husband and Wife, as ("Trustor") <br />under this Deed of Trust dated July 22, 1988, to be entered into <br />among, us as Trustor, James H. Dodson as Trustee, and the First <br />State Bank of Beaver City, Nebraska, as Beneficiary, hereby <br />acknowledge t~at it is understood that (a) the Deed of Trust to <br />be executed by Trustor is a trust deed and not a mortgage, and <br />(b) the power of sale provided for in the Deed of Trust provides <br />substantially different rights and obligations to the Trustor <br />than a mortgage in the event of a default or breach of the <br />obligations herein. <br /> <br />Trustor acknowledges that this Acknowledgement was made <br />prior to the execution of the Deed of Trust. <br /> <br />Executed ~ delivered this <br />1988, at /0,' 0' clock .....!:L. M. <br /> <br />c25 <br /> <br />day of <br /> <br />9Ldy <br /> <br />A' <br /> <br />1JJW..<.l <br /> <br />~ <br /> <br />'lI <br /> <br />('~~ q./o-c d'f <br /> <br />WAIVER OF HOMESTEAD INTEREST <br /> <br />In accordance with the provisions of the Nebraska Farm <br />Homestead Protection act, the undersigned, BRUCE HOWE and CINDY <br />HOWE, Husband and Wife, prior to executing the attached Mortgage <br />or Trust Deed dated July ~, 1988, by and between the undersigned <br />First State Bank of Beaver City, Nebraska, as beneficiary, and <br />James H. Dodson, as Trustee, (hereinafter referred to as <br />"Mortgage or Trust Deed") hereby state and acknowledge: <br /> <br />1. The undersigned states, warrants and represents that <br />their dwelling house and other buildings subject to a homestead <br />are presently located upon the realty described in the attaohed <br />deed of trust. <br /> <br />2. The undersigned acknowledge that while the Mortgage or <br />Trust Deed remains unsatisfied and a lien of the realty, they <br />shall have no right presently or in the future to make a <br />designation of homestead on the realty, including without <br />limitation, in the event of a foreclosure or trustee's sale under <br />the Mortgage or Trust Deed. <br /> <br />3. The undersigned acknowledge that if, contrary to this <br />Disclaimer, they establish a homestead on the realty during the <br />time the Mortgage or Trust Deed remains unsatisfied and a lien <br />upon the realty, they shall have no right to make a designation <br />of homestead in the event of a default and any foreolosure or <br />trustee's sale under the Mortgage or Trust Deed. <br /> <br />4. The undersigned state that this acknowledgement and <br />waiver is their knowing and voluntary act and deed and the <br />undersigned do hereby willingly and voluntarily waive, relinquish <br />and remise any and all right to make a designation of homestead <br />in the Mortgage or Deed of Trust. <br /> <br />5. The undersigned further understand and agree that this <br />acknowledgement and waiver shall be filed as a Preface to and <br />become a part of the Mortgage or Trust Deed. <br /> <br />Dated this afnd <br />0' clock .11. M. <br /> <br />day of July, 1988, <br /> <br />at <br /> <br />/t!.' ~S <br /> <br />IJJUA.<R <br /> <br />~ <br /> <br />c.~ ~J g:./O-t..~ <br />
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