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200605556 5. The undersigned, as representative of Stowell, Kruml, Geweke & Cullers, P.c., L.L.O., flk/a Stowell, Kruml & Geweke, P.c., was designated as the escrow agent pursuant to item 4 in said Purchase Agreement dated December 9, 1998 and recorded as document #99 109581. 6. The undersigned, as escrow agent, has personal knowledge that the Buyer's conditions for closing and completion of the transaction contemplated pursuant to the December 9, 1998 Purchase Agreement, which was recorded as document #99 109581, were not satisfied, and cannot be satisfied due to the condemnation of said described real estate by Hall County, Nebraska, a Nebraska political subdivision, as condemner, vs. Donald R. Spiehs and Beulah G. Spiehs and Lezlie Wolf, as condemnees, heard in the County Court of Hall County, Nebraska as Case No. ED99-2. 7. As a result of the condemnation of the real estate described herein by Hall County, Nebraska, a political subdivision, the transaction contemplated pursuant to the December 9, 1998 Purchase Agreement as previously referenced herein was impossible to complete, and was never completed. In addition, the escrow and transaction contemplated pursuant to said Purchase Agreement was terminated with title remaining with Donald R. Spiehs and Beulah G. Spiehs, husband and wife. Said Purchase Agreement and the escrow described therein have been terminated in order that Lezlie Wolf, and no entity to be established or formed by her, has any further right, claim, or interest in and to said described real estate. Further Affiant says not. ~~~~0AA~ Thomas S. Kruml, Stowell, Kruml, Geweke & Cullers, P.c., L.L.O. P.O. Box 40 1545 M St. Ord, NE 68862 Phone: (308) 728-3246 Fax' (308) 728-3587 STATE OF NEBRASKA ) ) ss. ) COUNTY OF Valley Subscribed and sworn to before me this JJ.~ day of .JUlte. Kruml. ,2006 by Thomas S. GENERAl NOTARY" State of Nebraska BAUE KEOWN My Comm. Exp. Nov. 6. 2007 1? ate /to u,-- Notary Public TSK:bk M:/RE06/5083.001