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<br />AFFIDA VIr CONCERNING TITLE TO REAL EST A TE
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<br />8T A TE OF NEBRASKA
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<br />
<br />COliNTY OF Vallev
<br />
<br />COMES NOW, the undersigned, Thomas S. Kruml, being duly sworn on his oath, and
<br />deposes and states as follows:
<br />
<br />1. The undersigned is an attorney with the law firm of Stowell, Kruml, Geweke &
<br />Cullers, P.C., L.L.D.
<br />
<br />2. The undersigned is familiar with a certain tract of real estate located in Hall County,
<br />Nebraska more particularly described as the Southwest Quarter of the Southwest
<br />Quarter of Section 22, Township 10 North, Range 9, West of the 6th P.M.
<br />
<br />3. The previously described real estate was the subject of a Purchase Agreement dated
<br />December 9, 1998 in which Donald R. Spiehs and Beulah G. Spiehs, husband and
<br />wife, were identified as Seller, and Lezlie Wolf, or an entity to be known as LW
<br />Development, Inc., to be formed by Lezlie Wolf, was identified as Buyer, which
<br />Purchase Agreement was recorded with the Hall County Register of Deeds on
<br />September 29, 1999 at 11: 15 a.m. as document #99 109581.
<br />
<br />4. Said December 9, 1998 Purchase Agreement between S~l!er and Buyer included a
<br />condition therein as item 13.1.1 that Buyer would receive at or prior to closing a
<br />Warranty Deed and a title insurance commitment verifying marketable title to said
<br />real estate and, further, item 13.1.2 concerning a requirement that Buyer must
<br />receive financing prior to closing based on Buyer's intention to acquire said real
<br />estate and develop said property for residential subdivision development purposes;
<br />and item 13.1.4 concerning adverse conditions which indicated a requirement of
<br />Buyer that there would be no adverse conditions interfering with Buyer's intended
<br />use or ability to encumber the property as a residential subdivision.
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