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<br /> <br /> <br /> R <br /> N a to M. <br /> M 913 <br /> CD C} Tt z J Z <br /> N) M CD <br /> (0 rr n N3 <br /> __j M <br /> A co <br /> rv C0 <br /> cn <br /> PREFACE TO MORTGAGE OR DEED OF TRUST UNDER p <br /> FARM HOMESTEAD PROTECTION ACT <br /> <br /> DISCLAIMER <br /> <br /> In accordance with the provisions of the Nebraska Farm Homestead Protection Act, the undersigned,Paul E. <br /> Sullivan and Amanda I. Sullivan, husband and wife , prior to executing the attached Deed of Trust dated <br /> April 6, 2009, by and between the undersigned and Pathway Bank, A Nebraska Banking Corporation, <br /> (hereinafter referred to as "Mortgage") hereby state and acknowledge: <br /> <br /> 1. That no part of the homestead of the undersigned is presently, or in the future will be, situated on the <br /> following described real estate, (hereafter Parcel 1) nor are there any buildings sufficient to be designated <br /> as a homestead, presently located upon said Parcel 1: <br /> <br /> The East Half of the Northeast Quarter of the Northwest Quarter <br /> (E'/2 NE'/4 NW'/4) of Section Thirty-five (35), Township Ten (10) <br /> North, Range Nine (9) West of the 6th P.M., Hall County Nebraska <br /> <br /> <br /> <br /> 2. The undersigned acknowledge that while the Mortgage or Deed of Trust remains unsatisfied and a lien on <br /> said Parcel 1, they shall have no right presently or in the future to make a designation of homestead on <br /> Parcel 1, including without limitation, in the event of a foreclosure or trustee's sale under the mortgage or <br /> Deed of Trust. <br /> <br /> 3. The undersigned acknowledge that if, contrary to this Disclaimer, they establish a homestead on said Parcel <br /> 1 during the time the Mortgage or Deed of Trust remains unsatisfied and a lien upon Parcel 1, they shall <br /> have no right to make a designation of homestead in the event of a foreclosure or trustee's sale under the <br /> Mortgage or Deed of Trust. <br /> <br /> 4. The undersigned state that this acknowledgment is their knowing and voluntary act and deed and <br /> constitutes a written disclaimer and acknowledgment under the Nebraska Farm Homestead <br /> Protection Act and the undersigned do hereby disclaim any right to designate a homestead in the <br /> event of default upon such Mortgage or Deed of Trust or in the event of a foreclosure or trustee's <br /> sale under the Mortgage or Deed of Trust. <br /> <br /> 5. The undersigned further understand and agree that this acknowledgment and Disclaimer shall be filed as a <br /> Preface to and become a part of the Mortgage or Deed of Trust. <br /> <br /> Dated: April 6, 2009 <br /> <br /> Paul E. Sullivan <br /> <br /> <br /> <br /> Amanda I. Sullivan <br /> <br /> <br /> STATE OF NEBRASKA) <br /> ) SS <br /> COUNTY OF HALL) <br /> <br /> The foregoing instrument was acknowledged before me on ril 6,_;K9, by Paul E. Sullivan and A anda <br /> 1. Sullivan. <br /> <br /> IJOSEPH OTARY State of Nebraska <br /> X L GWDWSKi NOTARY PUBLIC <br /> 9 <br /> m oet 29.2009 <br />