Ivan Lee Fail and Larry Allen Fail

Transcript

Tape Recording

Between

On December 4, 2005

Short Version

Statements by Ivan Lee Fail

Transcript provided By:

D I A N A N A V O

9906 Ramshead Court

Highlands Ranch, CO 80130

303-731-9646

(Whereupon, the following is a narrative by Larry Allen Fail.

LARRY ALLEN FAIL: My name is Larry Fail. I’m talking to my brother, Ivan Lee Fail, on December 4th, 2005. He’s telling me he remembers that dad wanted me to have the horse ranch and the 160 acres. He said he’d give me a notarized statement to that effect. The following is that conversation.

(Beginning of Conversation)

IVAN LEE FAIL: Rubow and say, “Look, we’ve got a problem. We’re going to have to have someone look into this because I think there may be a case of fraud. But I have to have something to go on. I’m not discounting what you’re telling me.

LARRY ALLEN FAIL: What do you mean go on. I . . .

IVAN LEE FAIL: What I’m trying to tell you is that I can, I’ll do everything I can to . . .

LARRY ALLEN FAIL: I understand.

IVAN LEE FAIL: To get to the bottom of this, but . . .

LARRY ALLEN FAIL: But, but, but, but do you understand kind of how the progression of this happened? I mean the prior deed that was to go to June and you and Jack because of my financial problems.

IVAN LEE FAIL: Yeah.

LARRY ALLEN FAIL: Or not my fi – my litigation problems. I finally beat the son of a bitch, and so on and so forth, but what I’m saying is the progression of that, it was awful easy just to change one little name and say, “Well, dad, we’ve got to re-do this agreement to put it over in Terry’s name so that I don’t get in trouble with Medicaid.” And I’m sure dad would have said, “Well, okay.”

IVAN LEE FAIL: Yeah.

LARRY ALLEN FAIL: And so he just, he gets lulled into it and so June calls Rubow and said, “Well, daddy wants to – you know that property that was in . . .”

IVAN LEE FAIL: Well, let me tell you this. If this thing winds up in court, if we can’t get it settled before, I will testify to the fact that dad always told me that the 160 and horse ranch went to Adam and you.

LARRY ALLEN FAIL: Yeah.

IVAN LEE FAIL: I hope . . .

LARRY ALLEN FAIL: Well, I would, I’d certainly do the same for you, Bump.

IVAN LEE FAIL: I know you would, but I hope it doesn’t get to that point.

LARRY ALLEN FAIL: So do I.

IVAN LEE FAIL: I, and I do . . .

LARRY ALLEN FAIL: Let me tell you something that’s real telling here

Part two of the Conversation December 4, 2005.

Phone Ringing.

IVAN LEE FAIL: Hello.

Larry Allen Fail: Yeah, Larry here.

IVAN LEE FAIL: Oh, ok.

Larry Allen Fail: Yeah:

IVAN LEE FAIL: Listen I got to thinking, ah, I will send you a, notarized letter.

Larry Allen Fail: Ok.

IVAN LEE FAIL: Ah, ah, advising you that I will, if this thing, we don’t get thing

Settled, ah, here and now, that I will testify in, in your defense, ah, about the Issue of the 160 acres and the Horse Ranch.

Larry Allen Fail: OK.

Ivan Lee Fail: And I will send that copy of that to all, all the parties involved in

that Thing.

Larry : Right.

Ivan Lee Fail: So everybody knows where I am coming from.

Larry Allen Fail: Ok.

Ivan Lee Fail. And so also you, Adam will understand, where I stand, and that I

am not going to, back peddle on you.

Larry: All right.

Ivan Lee Fail: So, and I understand, you know why you may have some doubts

about that.

Larry Allen Fail: Yeah.

Ivan Lee Fail: But, ah I do want you to know, that ah, and I have consistently said

and in my emails I’ve told you the same thing that’s always what dad told me,

but that won’t stand up in Court, so I will send you a, a, ah, notarized letter, to

that affect, so you can have it in your files, and you’ll know that if, if we don’t

get don’t get this, I think that we can probably get it resolved, but,

Larry Allen Fail: Let me ask you a quick qui, let me ask you a quick question

Bump, What authority does you power of attorney give you?

Ivan Lee Fail: Well ah, in what area do you mean?

Larry Allen Fail: Well I mean, I’ve had dad’s power of attorney before that me,

Ah full right and authority to do, ah me buy and sell and trade Real Estate, an,

Ivan Lee Fail: Now, ok, that’s, well, that’s what mine, ah, to take care of all his,

his, financial business, and,

Larry Allen Fail: We need to read,

Ivan Lee Fail: I’ll, I’ll send you a copy of it, ah, ah Rub, I’ve got a copy of it,

I can send you a copy of it so you’ll know.

Larry Allen Fail: Well here’s what you should do then Bump, I mean if, if, ah, if,

If you’ve got power of attorney just hell have Rubow ah, draft a damn quick

Claim deed on em,

I van Lee Fail: I’m, I’m gonna do that but I’ve gotta talk to, I need dad, ah, I

don’t, ah, I’m not doubting, anything your are saying, because it,

Larry Allen Fail: Ok.

Ivan Lee Fail: It coincides with what dad consistently told me. Ah, I, ah,

Rubow seemed a little, ah, ah, not sure on the subject when I called him,

all he told me was that, was that, that dad had made arrangements, that ,

but I think that he must have been looking at the old deed, so,

Larry Allen Fail: Must have.

Ivan Lee Fail : What you, what you, help clarify for me a while ago when you

told me that there three deeds, that, I wasn’t, I wasn’t aware of the

original deal the way it went down.

Larry Allen Fail: I see.

Ivan Lee Fail : So.

Larry Allen Fail: I, I can see how dad got confused on this whole deal, but.

Ivan Lee Fail: Well, I can to but, ah, yeah I will, I will ah, but like I say, just in

case there is a slip up somewhere, we run into a road block that has to go

to Court, I will, I will be sending you ah, a notarized letter,

Larry Allen Fail: Ok.

Ivan Lee Fail: That I will testify to that affect, and ah, and ah, and ah,

You know everybody else will be, get a copy of the same letter including

the attorney, ah,

Larry Allen Fail: Well, but, but, to avoid, avoid that problem, that problem

I mean that all you gotta do, ah is, but you need, you need to feel

Comfortable with it, is to, ah just draft a damn quit claim deed take, that

exact legal description on that deed there, put it on a quit claim deed,

and sigh the damn thing and that’s it.

Ivan Lee Fail: Yep, Yep.

Larry Allen Fail: And the same with the Ness Count stuff. Now he’s got the

The Ness County stuff back there to.

Ivan Lee Fail: Ok, of Ness County, 160 and the Horse Ranch is the only ones

In question, right?

Larry Allen Fail : Ness County, the 160, and the Horse Ranch, that’s it.

Ivan Lee Fail: Ok, ok, ah, I tried to call Hinkle a while ago, and ah couldn’t

get an answer so I’ll try to call him again after while,

Larry Allen Fail: Sure.

Ivan Lee Fail: and I gave my home number so,

Larry Allen Fail : All right.

Ivan Lee Fail: Ah, I’ll ah, you know I, I tried to call Frank to I wanted to find

out if Frank has had any more problems, I think, they’ve mended their

fences, I have confronted June and Gene both with it, and , ah,

Larry Allen Fail: That’s temporary, I can assure you of that.

Ivan Lee Fail: Huh?

Larry Allen Fail: That would only be temporary with Gene.

Ivan Lee Fail: Well, ah, it better not be temporary, because ah,

I will, I will instruct Frank to take the damn pick up and leave it over at his

place.

Larry Allen Fail: Sure that’s fine,

Ivan Lee Fail : I mean period, and ah,

Larry Allen Fail: Well Frank said he didn’t, Frank said he didn’t want the

want the pick up, but that’s not right.

Ivan Lee Fail: No, no Frank gets the pick up, he’s afraid it would cause a

problem, but, he gets the pick up, because that’ what dad wanted, and

Frank, and I told Frank the same thing.

Larry Allen Fail: Sure.

Ivan Lee Fail: Ah,

Larry Allen Fail: Well Frank, Franks, Franks damn sure earned the pick

up.

Ivan Lee Fail: Damn, and more, yeah.

Larry Allen Fail: And more.

Ivan Lee Fail: But anyway I told, I instructed June and June allegedly

informed Gene, and ah, but ah, I will make it crystal to them

if there is any problem.

Larry Allen Fail: Yeah. Well Gene ain’t gona, gene gona accept any

of this but that’s another issue so.

Ivan Lee Fail: Bur, ah, I’ll tell you one thing…

(end of conversation on this tape)

(Continued on Long Version)

Certificate

I, Diana Navo, do hereby certify that the foregoing is a correct transcription of an audio tape recording provided to me by Larry Allen Fail and labeled as an interview recorded December4, 2005.

______

Diana Navo

______

Date signed

Subscribed and affirmed before me in the City of ______and County of ______, State of Colorado, this ______day of ______, 2007.

______
Notary's Official Signature

______
Commission Expiration Date