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WAIVER The undersigned represent and warrant as true each of the following statements with regard to the attached Assumption and Modification Agreement: 1. We understand and acknowledge that we have the right to make a designation of homestead in the Assumption and Modification Agreement and we state the intention to waive such right. 2. For so long as the mortgage and deed of trust remain unsat- isfied in the lien upon the real estate, each of us will waive any right under the Nebraska Farm Homestead Protection Act to make a designation of homestead. 3. We understand and acknowledge that our execution of the written acknowledgment in the Assumption and Modification Agree- ment constitutes the waiver of rights otherwise available for the purpose of affording us the opportunity to retain our homestead in the event of a default upon the mortgage. 4. We have read, signed and executed this waiver of homestead in compliance with the terms set out herein before signing the Assumption and Modification Agreement attached hereto. 9&' h37 ,,"Harry J. Farnham V , latd) Sally L. Farnham Date ASSUMPTION AND MODIFICATION AGREEMENT AGREEMENT, made as of this day of , 1987, between THE EQUITABLE LIFE ASSURANCE SOCIETl THE UNITED STATES, a New York corporation located and having its principal office at Number 1285 Avenue of the Americas, New York, New York, ( "Equitable "), and Harry J. Farnham and Sally L. Farnham, husband and wife ( "Mortgagor "), whether one or more, WITNESSETH: WHEREAS, Equitable is holder of a note ( "Note ") dated August 22, 1979, for One Hundred Fifty Thousand and No /100 Dollars ($150,000.00) secured by a mortgage ( "Mortgage ") of even date therewith on real property described as follows: The North Half of the Southeast Quarter (NJSEI) of Section One (1), Township Ten (10) North, Range Twelve (12) West of the 6th P.M., Hall County, Nebraska, and