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202200334
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1/13/2022 3:48:10 PM
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1/13/2022 3:48:09 PM
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202200334
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202200334 <br />inquired about Nebraska's inheritance tax during the meeting, which he explained was <br />approximately 18%. Defendant then inquired if the tax applied to married couples, and <br />Mr. Burns told him it would not and there would be no inheritance tax if the two were <br />married. <br />Howard did not sell her home on Woodland Dr. and the purchase agreement for the <br />acreage became null and void. Defendant then signed a new purchase agreement for the <br />same acreage on October 29, 2017. See Exhibit 22. Howard did not sign the agreement. <br />Defendant instead used the power of attorney and signed the agreement on behalf of <br />himself and on behalf of Howard "by Clayton Green P.O.A." Id. The original contingency <br />was removed and Howard paid an additional $30,000 earnest deposit for the acreage. <br />Realtor Don Kaiser testified that Howard appeared to be excited about the purchase and <br />she appeared to be competent to enter into the agreements. Mr. Kaiser was present when <br />Howard wrote out both earnest deposit checks and he was present when she granted <br />Defendant authority to sign the new purchase agreement on her behalf. <br />Defendant and Howard were married in Valentine, Nebraska on October 31, 2017. <br />It is not clear whether Howard knew of the wedding beforehand. Some evidence shows <br />that the couple was traveling to Valentine, Nebraska, when Defendant pulled the vehicle <br />over without notice and proposed to Howard. When the couple arrived in Valentine, the <br />two were married immediately at the Valentine Lodge and the minister and witnesses were <br />already arranged. Defendant disputed this description and testified that it was Howard who <br />wanted to marry and had asked him to do so multiple times. Defendant testified that he <br />ran out of excuses and realized that they were living like a married couple anyway. He <br />further testified that the very purpose of the trip to Valentine was to get married. A copy <br />of the marriage certificate filed November 1, 2017 in Cherry County, Nebraska, was <br />offered and received as Exhibit 5. Defendant also offered a video of the marriage <br />ceremony, which was marked and received as Exhibit 42. <br />Howard met with Dr. Wagner again on November 2, 2017, to review the biopsy <br />report and to discuss her treatment options. Defendant was again present for the visit. Dr. <br />Wagner confirmed that Howard had an aggressive form of lung cancer and that she needed <br />to begin treatment immediately. Howard disclosed to Dr. Wagner that she and Defendant <br />5 <br />Certified Page 5 of 17 <br />
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