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� �o�io7s32 4. Husband, with respect to the Real Property, expressly waives any rights of election of a surviving spouse and the rights of the surviving spouse to homestead allowance, exempt property andlor family allowance. 5. Husband further disclaims any claim against the Real Property to the extent that same is based upon any allegation that the Real Property is the homestead of Husband pursuant to NEB. REV STAT § 40-104. 6. In the event of default under the Encumbrance, Husband will in no way hinder the exercise of any rights of Five Points Ba.nk to extinguish any interest of Husband in the Real Property as spouse of Wife by the exercise of any power of sale under the Encumbrance or any foreclosure of the Real Property or otherwise; provided, however, that Husband specifically disclaims any personal liability of any kind or nature whatsoever on his part under the Encumbrance or otherwise to Five Points Bank, it being understood that this �davit of Consent, Waiver and Disclosure is being executed by Husband solely for the purpose of waiving and disclaiming in favor of Five Points Bank under the Encumbrance any rights of Husband in the Real Property as the spouse of Wife. 7. Nothing herein shall be construed or interpreted to result in any personal liability of any kind or nature whatsoever on the part of Husband under the Encumbrance or otherwise to Five Points Bank. 8. Husband has initialed each page of this Affidavit of Consent, Waiver and Disclosure. FURTHER AFFIANT SAITH NOT. ✓ � (� ` ' L Michael L. Johnson The foregoing document was acknowledged before me on the / y of October, 2011 by Michael L. Johnson. � ��// �� -��! (.r��=-"-�- �C' �� ' l��"Y�------ � NOTARY - 8tate of Nebraska Notary Public 1VIKOLE K. MESSMER �yr Comm. Exp. D�.16, 2013 � ��r MLJ