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HomeMy WebLinkAbout20080300NUM PGS ADAMS COUNTY, NE DO STA~ BPD • •~ cK# /013} INST. NO. F~~D~ 20080300 cHG AccT # Date - -n8 Timed RET FEES• CAS R:O.D. CK# RECD .~ RETURN ~ NUM ~ ~6 '` ~ lI S~'~d'tR'~ ~ ~j~N~Z~Q,~ ~ ~~ o I RD. COMP x ,~ ~'r~ (/ REGISTER O(F~ DEEDS COMPARE f~~ CADAS -- AO ~ AFFIDAVIT STATE OF NEBRASKA ) ss. COUNTY OF ADAMS ) RUSSELL D. OCHSNER and DENISE L. OCHSNER, being first duly sworn depose and say: 1. That RUSSELL D. OCHSNER is the President of RDO FARMS, INC., a Nebraska Corporation. 2. That DENISE L. OCHSNER is the Secretary/Treasurer of RDO FARMS, INC., a Nebraska Corporation. 3. Russell D. Ochsner and Denise L. Ochsner represent all of the directors and stockholders of RDO Farms, Inc., a Nebraska Corporation. 4. That on the 18th day of September, 2007, Russell D. Ochsner and Denise L. Ochsner ("Ochsners") entered into a purchase agreement with Valerie J. Shukei to purchase the following described real estate: The Northeast Quarter (NE1/4) of Section Thirty (30), Township Seven (7) North, Range Eleven (11) West of the 6th P.M., Adams County, Nebraska. 5. That at the time that the Ochsners entered into the above-referenced real estate purchase agreement, they intended for their corporation, RDO Farms, Inc., to actually purchase the above-referenced real estate for a term of twelve years before LAW OFFICES Russell D. Ochsner and Denise L. Ochsner would be vested with a full fee title in the SE[LER, PARKER, P.C., L.L.O. real estate. 726 EAST SIDE BLVD. 6. That short) after the execution of the above-referenced real estate urchase F.o. Box ]zsa Y p HASTINGS, NE 68902 (402)463-3125 agreement, the Ochsners met with their certified public accountant, Chris Oppliger, to ~ ofo2. ~aaso~aa discuss the terms of this split interest acquisition. Additionally, the Ochsners met with their lending agency, Farm Credit Services of America, to arrange financing through which the corporation would buy the above-referenced real estate for a term of years and they would personally buy the remainder interest in the real estate. 7. That it was always the intent of both of the Ochsners and RDO Farms, Inc., to acquire the real estate in this split interest matter; however, due. to conditions outside of the Ochsners' control, the real estate was sold not reflecting the split interest acquisition and thus a corrective deed and this affidavit is necessary to properly reflect the intent of the Ochsners and RDO Farms, Inc., with regard to the acquisition of the real estate. Further affiant saith not. LAW OFFICES SEILER, PARKER, P.C., L.L.O. 726 EAST SIDE BLVD. P.O. BOX 1288 HASTINGS, NE 68902 (402) 463-3125 1 y~RU: SELL D. O N DENISE L. OCHSNER Subscribed and sworn to before me this z/ day of ~~~~~iy , 20 og 6ENdiAL NOTARY -State of Nebraska ADAM 0. PAVELKA wy comm. Exr,. Nov. zs, zoos ~~ Notary Public I:ICORP\RDO FARMS INCVaFFIDAVIT.doc ~f~