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~~ ~ n s; ,-...., o~ ~ C':l (j) ~~. ~ ~ <=> .." ,?, ex> 0-4 c: (II c:)> ~~~ Z ::t ~$ 3 z-l N:o n ?l: :;::0 -ffTl om I\.) 'S( ~ :z: ~ 0 -<;; -<0 c ($I ~ '" m ~ N 0-" 0>- ($I h\~.~ n (J') ~ 0 ""z en ex> '" :x ." r co - ($I ~~~ ......:\ 0 :::I: rTl :z .j:::>. f'T1 ::0 1> co o en w ~ ~ rrl ::3 I ::;0 -.e:rl 0) Q 0 r .:t> 0) .t..; VI ~ (J) c -.c::. 0 0 :::><: c....>5: )> O)m ........ -- cn~ co (f) (f> Z 0 '---.- PREFACE TO MORTGAGE OR DEED OF TRUST UNDER FARM HOMESTEAD PROTECTION ACT DISCLAIMER 3 '7. tJfJ i'~.,:~j.:"~.I,,:::,:<~,, ':. ,.,..::t,:' .,J, 'jk:$,,:',:,,;j;~:),' .'-'.fO~.\ . ,~.... In accordance with the provisions of the Nebraska Farm Homestead Protection Act, the undersigned, Tyson J. Schimmer and Annette R. Schimmer, husband and wife, and Jeffery L. Schimmer and Cynthia E. Schimmer, husband and wife, and Leslie Schimmer and Karen Schimmer, husband and wife, prior to executing the attached Deed of Trust dated February 19, 2008, by and between the undersigned and Pathway Bank, A Nebraska Banking Corporation, (hereinafter referred to as "Mortgage") hereby state and acknowledge: 1. That no part of the homestead of the undersigned is presently, or in the future will be, situated on the following described real estate, (hereafter Parcell) nor are there any buildings sufficient to be designated as a homestead, presently located upon said Parcel 1: See Attached Exhibit" A" 2. The undersigned acknowledge that while the Mortgage or Deed of Trust remains unsatisfied and a lien on said Parcell, they shall have no right presently or in the future to make a designation of homestead on Parcell, including without limitation, in the event of a foreclosure or trustee's sale under the mortgage or Deed of Trust. 3~ The undersigned acknowledge that if, contrary to this Disclaimer, they establish a homestead on said Parcel 1 during the time the Mortgage or Deed of Trust remains unsatisfied and a lien upon Parcell, they shall have no right to make a designation of homestead in the event of a foreclosure or trustee's sale under the Mortgage or Deed of Trust. 4. The undersigned state that this acknowledgment is their knowing and voluntary act and deed and constitutes a written disclaimer and acknowledgment under the Nebraska Farm Homestead Protection Act and the undersigned do hereby disclaim any right to designate a homestead in the event of default upon such Mortgage or Deed of Trust or in the event of a foreclosure or trustee's sale under the Mortgage or Deed of Trust. 5. The undersigned further understand and agree that this acknowledgment and Disclaimer shall be filed as a Preface to and become a part of the Mortgage or Deed of Trust. Dated: February 19, 2008 Jef~'lchimQ1er 6~ ~ Cynthia E. SChimm. er . ~~' .. ,- AU .it---. Leslie Schimmer ~ S~U-J Karen Schimmer ...... \