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�r Robert L. Siemers, being first duly sworn upon oath, deposes and says: 1. For more than fifteen (15) years prior to March 13, 2001, he was the owner of the Northeast Quarter of the Northeast Quarter-(NE'�,4NEI4) of Section Twenty -three (23), Township Eleven (11) North„ Range Ten (10), West of the 6th P.M., in Hall County, Nebraska. 2. On or about March 31, 1988, the owner of the West Half of the Northeast Quarter (W',�NE'�) of Section Twenty -three (23), Township Eleven (11) North, Range Ten (10), West of the 6th P.M., in Hall County, Nebraska, Barry. W. Niedfelt, caused the boundary line between that tract and my tract described in paragraph 1, above, to be surveyed. This is the boundary line between the West Half (W'-i) and the East Half (E;i) of the Northeast Quarter (NE's) of that Section Twenty- three'(23) and is hereinafter referred to as the legal boundary line. The survey disclosed that a fence which was then in place was not on the legal boundary line between those properties. 3. In April of 1988 Barry W. Niedfelt and I agreed that the boundary between our tracts of land should be restored to the legal boundary line. Continuously since that time Barry W. Niedfelt has openly claimed exclusive ownership and possession rights to all real estate located to the West df that legal boundary line and I claimed the exclusive ownership and possession rights to all of my real estate located to the East of that legal boundary line up until the time I sold it in 2001. In the-Spring of 1988, with my knowledge and consent the former fence which was supposed to be along that boundary line but was not actually along that line was removed by Barry W. Niedfelt. 4. Any use I have made of the real estate located to the West of the legal boundary line was by permission of that real 1 J m n n I rn C' S z D N S O CID C) ' p C:, p *t O y �` O M � O f� u' � H--► r _j CD ,cam co co Cn 'AFFIDAVIT �r Robert L. Siemers, being first duly sworn upon oath, deposes and says: 1. For more than fifteen (15) years prior to March 13, 2001, he was the owner of the Northeast Quarter of the Northeast Quarter-(NE'�,4NEI4) of Section Twenty -three (23), Township Eleven (11) North„ Range Ten (10), West of the 6th P.M., in Hall County, Nebraska. 2. On or about March 31, 1988, the owner of the West Half of the Northeast Quarter (W',�NE'�) of Section Twenty -three (23), Township Eleven (11) North, Range Ten (10), West of the 6th P.M., in Hall County, Nebraska, Barry. W. Niedfelt, caused the boundary line between that tract and my tract described in paragraph 1, above, to be surveyed. This is the boundary line between the West Half (W'-i) and the East Half (E;i) of the Northeast Quarter (NE's) of that Section Twenty- three'(23) and is hereinafter referred to as the legal boundary line. The survey disclosed that a fence which was then in place was not on the legal boundary line between those properties. 3. In April of 1988 Barry W. Niedfelt and I agreed that the boundary between our tracts of land should be restored to the legal boundary line. Continuously since that time Barry W. Niedfelt has openly claimed exclusive ownership and possession rights to all real estate located to the West df that legal boundary line and I claimed the exclusive ownership and possession rights to all of my real estate located to the East of that legal boundary line up until the time I sold it in 2001. In the-Spring of 1988, with my knowledge and consent the former fence which was supposed to be along that boundary line but was not actually along that line was removed by Barry W. Niedfelt. 4. Any use I have made of the real estate located to the West of the legal boundary line was by permission of that real 1