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79-~ ~~t~~.~Ei€3
<br />AFFIDAVIT
<br />STATE OF NEBRASKA )
<br />) SS
<br />COUNTY OF HALL )
<br />B. J. Cunningham, Jr., being first duly sworn on oath, deposes and says
<br />that he has practiced law in Grand Island, Hall County, Nebraska, for more than
<br />twenty-five (25) years and was the attorney for and well and personally acquain-
<br />ted with Edgar R. Ross, who died April 27, 1977, and Viola E. Ross, who died
<br />October 5, 1975, and who were husband and wife and residents of Hall County,
<br />Nebraska; that the above-named individuals purchased the following described
<br />real property from John W. Nicholson and 'testa R. Nicholson, husband and wife,
<br />and received title by virtue of a Warranty Deed dated January 4, 1958, and
<br />recorded in Book 133, at Fage 359 of i:he Deed Records of Hall County, Nebraska:
<br />Part of the Northeast Quarter of Section 2, Township 11 North, Range
<br />10, West of the 6th P.PR., and mare particularly described as follows:
<br />Beginning at an iron pipe that is 7,314.8 feet West along the South
<br />line of the Plortheast Quarter from an iron pipe that is the East
<br />Quarter corner of said Section, thence North 1,530.5 feet to an iron
<br />pipe which is in the Sou*_herly right-of-way line of Nebraska State
<br />Highway No. 2, thence Westerly along said right-of-way line, which
<br />is 150 feet from and parallel to the centerline of the Chicago,
<br />Burlington and Quincy Railroad as now constructed and operated,
<br />1,375.1 feet to an iron pipe that is the West line of the said
<br />Northeast Quarter, thence South along the West line of the said
<br />Northeast Quarter 7,910.5 feet to an iron pipe that is the center
<br />of the Section, thence East 1,314.8 feet along the South line of
<br />the said Northeast Quarter to an iron pipe, which is the point of
<br />beginniny, containing 51.9$5 acres.
<br />Thai the said Edgar R. Ross and Viola E. Ross scld the above described
<br />real property to their son, James E. Ross, except and excluding therefrom a
<br />tract containing 19.99 acres more or less previously sold to Theodore R.
<br />Anderson and Agnes M. Anderson, husband and wife, by Deed recorded in Book
<br />149 at Page 20 of the Deed Records of Hall County, Nebraska, said contract with
<br />James E. Ross being dated March 7, 1973 and containing 31.9 acres more or less.
<br />That after the execution of said described contract the Sellers conveyed
<br />to the Buyer by Warranty Deed recorded in Boak 179 at Page 162 of the Deed
<br />Records of Hall County, Nebraska, a tract containing 7.377 acres; that after the
<br />death of Viola E. Ross on October 5, 1975, the Buyer received additional con~ey-
<br />ances from the property sold under said contract by Warranty Deeds conveying
<br />14.832 acres and recorded as instrument No. 77-000632 and conveying 9.734 acres
<br />and recorded as instrument No. 79-000998 and that the three above referred to deeds
<br />conveyed to the Buyer the entire tract sold by the terms of the described contract.
<br />That the parties contract of sale, provided for installment payments through
<br />December 1, 1981 and provided that all documents be held in escrow and further
<br />that in the event of the death of either Seller the survivor would succeed and
<br />become the sole owner of said contract and payments due thereunder; that said
<br />contract and Warranty Deed signed by both Sellers was held in escrow and is
<br />presently in the possession of Affiant; that this Affidavit is made for the purpose
<br />of complying with the title request for an Inheritance Tax Determination by reason
<br />of the death of Viola E. Ross, one of the joint owners who sold and conveyed the 37
<br />acre tract first above described. /'}
<br />Further, Affiant with not.
<br />R
<br />Subscri5ed and sworn to before met s ~S day of Marc~l979.
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<br />I~Mt~TT; MARY
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