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71 <br />R7 <br />STATE OF NEBRASKA ) 200208811 <br />) as: <br />COUNTY OF HALL ) -- <br />Jerome W. Niedfelt and Doralene F. Niedfelt being first duly \ <br />sworn depose and state those facts of which they have personal - <br />knowledge as set forth hereinbelow: <br />1. That Affiants are the Co- Trustees of the Jerome W. <br />Niedfelt Revocable Trust dated August 22, 2001. <br />2. That Affiants, in their capacity as Co- Trustees of said <br />Jerome W. Niedfelt Revocable Trust dated August 22, 2001 are the <br />record titleholders to the following described real estate, to- <br />wit: <br />Lots Six (6), Seven (7) and Eight (8), in Block <br />Sixty -One (61), Original Town now City of Grand <br />Island, Hall County, Nebraska. <br />3. That John H. Niedfelt, predecessor in title to the <br />aforedescribed real estate, entered into a certain Lease Agree- <br />ment as Landlord with Colony Foods, Inc. as Tenant under date of <br />May 13, 1977, notice of which lease was filed with the Hall <br />County Register of Deeds on May 12, 1978 as Document No. 78- <br />002873. Said Lease Agreement was for a term of twenty -five (25) <br />years and granted to the Tenant an option to extend the term for <br />an additional period of five (5) years. <br />4. That Tenant, Colony Foods, Inc., breached the Lease <br />Agreement as a result of Colony Foods, Inc. having filed for <br />bankruptcy and having abandoned the subject property and as a re- <br />sult thereof the Lease Agreement by its terms is null and void <br />and of no further force or effect whatsoever. <br />5. That notwithstanding the foregoing, the term of the <br />Lease Agreement expired on May 13, 2002 and the Tenant has not <br />exercised its option to extend the term for an additional five <br />(5) year period further confirming that the aforesaid Lease <br />M <br />= <br />m H <br />C <br />S <br />D <br />p <br />c <br />m <br />M <br />i <br />�' <br />-�'i <br />O <br />m <br />N <br />_ <br />N <br />O <br />w <br />co <br />cn <br />AFFIDAVIT <br />go <br />STATE OF NEBRASKA ) 200208811 <br />) as: <br />COUNTY OF HALL ) -- <br />Jerome W. Niedfelt and Doralene F. Niedfelt being first duly \ <br />sworn depose and state those facts of which they have personal - <br />knowledge as set forth hereinbelow: <br />1. That Affiants are the Co- Trustees of the Jerome W. <br />Niedfelt Revocable Trust dated August 22, 2001. <br />2. That Affiants, in their capacity as Co- Trustees of said <br />Jerome W. Niedfelt Revocable Trust dated August 22, 2001 are the <br />record titleholders to the following described real estate, to- <br />wit: <br />Lots Six (6), Seven (7) and Eight (8), in Block <br />Sixty -One (61), Original Town now City of Grand <br />Island, Hall County, Nebraska. <br />3. That John H. Niedfelt, predecessor in title to the <br />aforedescribed real estate, entered into a certain Lease Agree- <br />ment as Landlord with Colony Foods, Inc. as Tenant under date of <br />May 13, 1977, notice of which lease was filed with the Hall <br />County Register of Deeds on May 12, 1978 as Document No. 78- <br />002873. Said Lease Agreement was for a term of twenty -five (25) <br />years and granted to the Tenant an option to extend the term for <br />an additional period of five (5) years. <br />4. That Tenant, Colony Foods, Inc., breached the Lease <br />Agreement as a result of Colony Foods, Inc. having filed for <br />bankruptcy and having abandoned the subject property and as a re- <br />sult thereof the Lease Agreement by its terms is null and void <br />and of no further force or effect whatsoever. <br />5. That notwithstanding the foregoing, the term of the <br />Lease Agreement expired on May 13, 2002 and the Tenant has not <br />exercised its option to extend the term for an additional five <br />(5) year period further confirming that the aforesaid Lease <br />