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Larry Fail 5470 SO Greenwood St. Littleton, CO 80120 303-730-2100 / 1-800-722-9529 / Fax 303-347-2100 Larry@requestusa.com January 23, 2007 Dale Nelson Rt 2 Chanute, Kansas 66720 RE: Request for your help as a mediator. Dear Dale, I am writing you on behalf of my father, my children, and myself. You knew my father, Ivan Fail. You know that he was a wise, and reasonable person, and a good honest friend to the many people who knew him. He considered you a wise and reasonable person, and a true and honest friend. He spoke of you often, and always had good things to say about you. He felt the same way about your son Gary. My dad respected and trusted you, therefore so do I. Now there exists a situation that would make my dad cry like a baby. He would want me to tell you what is going on. He would want me to tell you his side of the story. He would also want me to tell my side of the story. They are one in the same. That is what I am attempting to do in this letter. Please read it with an open mind, as my father would do if the roles were reversed. There seems to be serious differences of opinion between the parties involved as to what my father wanted. In the best interest of my father’s memory, legacy, and honor and what he wanted, I am motivated to do whatever I can do to resolve the conflict, restore some dignity to my parents memory, and let my father and mother rest in peace. At this point we need a fair and honest mediator other than a Court of law to help us resolve the conflict. Your name and the words of my father keeps coming to me over and over again, “Dale Nelson would know what to do”. I heard my dad say these words many times. Therefore I would like for you to seriously consider acting as a mediator for and between the parties in the case that we find ourselves in. This may or may not be acceptable to you, or your son Gary, however my father would want all parties to avoid the courts and costly and divisive litigation at all costs. I mean no disrespect to your son Gary or Judge Rogers or the courts, but decent, honest, and well meaning people like you and my father would want their children to resolve the problem without throwing their children’s collage educations to the four winds in legal fees. I have attempted to avoid this for everyone as shown in my Letter to my three siblings and Gary and Tonia dated February 2006. It went unanswered. I have again attempted to save everyone a lot of heartache and expense in my Settlement Proposal dated January 5, 2007. It remains unanswered. The only roadblock to achieving a resolution to the problem would be if some of the parties are attempting to unfairly take advantage of another party and have no interest in being honest or reasonable. You know that my dad was not dishonest, or unreasonable, and would never cheat anyone. He especially would have never cheated any of his four children. I knew him all of my life and he never cheated or shortchanged anyone, and he never cheated or shortchanged any of us kids. He never lied to us or kept anything from us that would affect our lives in any way. I know that after 92 years he was not going to start doing so in his final year. He would never have left any of us with any disappointing and unpleasant surprises, like a total disinheritance, like my sister, brothers and others would like everyone to accept and believe. Out of respect for my father and his friendship with you, I feel that he would want me to communicate with you about the problems that I am having related to the property that both my father and my mother wanted me to have after they passed on. The record is very clear to those that want to see the truth as to what they wanted. In the early morning hours the same dream keeps comes to me in different ways. I go to my dad and we talk as I have so many times before, and I am relieved that he is going to take care of the problem. Then I wake up and discover all over again that he is gone. My dad was an honest and truthful man, but he is gone. I feel strongly that he would want me to come to you to help me put forth the truth. I have presented you the truth in this letter and the enclosed tapes and documents. There are many more tapes that I can present to you or anyone else if needed. I tape recorded my parents for many year. I started when my twin sons Adam and Jason were born and I would let them talk to their grandparents. Then I would send copies of the tapes to my mom and dad. They loved them. They are real treasures. I continued the practice up until my father passed away. I am currently listening to all of the tapes and doing transcripts of the ones that attest to the facts in my dispute with my siblings over the land that my parents wanted me to have. For those that are interested in the truth and honestly doing what my father wanted everyone to do, there is no doubt whatsoever that the land is mine. For those that want to be dishonest and dishonor my father and also my mother and take my land by whatever means that can get by with, then they will not be interested in listening to the tapes. My three siblings and others have decided to distort and discard the truth, and dishonor both of our parents and keep everything for themselves. They have been able to play fast and loose with some of the facts, and even distort other facts to such a degree as to convince some people, including your son Gary, that my parents wanted me to receive nothing from their life long hard work that created an estate estimated to be worth between $2,000,000, and $3,000,000, in my opinion. An MAI or IRS appraisal would be more accurate that my estimate. Unfortunately your son Gary was dragged into this mess by my sister June, her husband Gene and their daughter Tonia. Unfortunately over the years there has been a lot of ill feelings, jealously and resentment built up within the family as a result of my dad attempting to help Gene and June Dedeke. Their children Tonia and Terry, my parents, my children, the entire family and everyone connected has suffered terribly, and now this. . For over 25 years the Dedeke’s have resented and disliked both my father and myself as a result of my father loaning them over $150,000 in a well meaning attempt to save 80 acres of land, an automobile shop in Leavenworth, and Gene’s mechanics tools from being taken by the banks. Dad had to borrow the money at 18% at the bank of Commerce. Dad had asked me to help him secure the loans with mortgages on the property. I went to Leavenworth with dad and his lawyer Charlie Henshall. Gene and June did not tell Tonia and her brother Terry the truth and build a lot of hostility towards my dad and I. They told their kids that dad and I stole their property. Gene and June would not let their kids see dad for over ten years. It was awful. Gene Dedeke sued my dad and took bankruptcy against him in an attempt to defraud my dad. Now they are defrauding my children and I. (See the attached letters to and from June Dedeke dealing with death threats against my father that further explains the problems). It took dad ten years and many trips to Leavenworth to get the properties sold at a loss. Later in 1984, both Terry threatened to kill my dad. Gene approved of the statement, and June said nothing. It scared my mother and my twin sons to the point of tears. I took the threats very seriously and reported it the authorities. For reasons know only to God and June, she has poisoned a lot of Dad’s friends and family members against me. She did the same thing against Dad, and my brother Ivan Lee’s wife Cindy. She told many family members, John Roy, my sons Adam and Jason, and I, and other people that Cindy was killing Ivan Lee slowly with poison. Off and on over the years June has done the same thing against her husband Gene. All of this has divided family members, and has caused a lot of heartache and misery for family and good friends, and she continues. People that know this, if asked, and, if they will tell the truth will confirm all of this. June told people for years, including Ivan Lee’s wife Cindy that she was going to make sure that Larry got nothing from dad’s estate. And so she has. All that June (and others) had to do was have Dad modify the Transfer on Death Deed to my property to replace June’s name with Gary and Tonia’s name, which was done on April 11, 2005 and then hold their breath until he died. After I discovered this switch in late on November 21, 2005, I called my brother Ivan Lee. (Hear the enclosed tape dated November 21, 2005 and read the transcript). He then called June. June then rushed my dad to the rest home in St. Paul Kansas, then misused her medical power of attorney and the HIPPA laws to keep me from seeing or talking to him. Then he died, and she had him in the ground with 48 hours. Why the rush to die, why the rush to bury him? (Please hear Tape 2, Side 1, Jane O’Bryan and read the Prairie Village Rest Home). My dad and I trusted all three of my siblings. They have violated that trust. My children and I were ignored and not included in any decisions concerning my father’s medical treatment, his death and his funeral. I have been completely ignored and shut out of the process like an illegitimate kid with no parents. This was not the kind of a relationship that I had with my mother, or my father. They trusted, and expected my sister and my two brother’s to include me, as they were always included. Since dad passed I have been totally ignored and have been unable to get any information whatsoever. My attorney is unable to get any information from them or anyone else on the Estate IRS matters, life insurance policies or beneficiaries, or any other information that my dad would want and expect each of his four children to share and have access to. He included me in everything. My siblings have completely excluded me, for reasons apparent. Under the circumstances, some people may not like me contacting you. My father would not be one of them. I feel that my father would want me to explore and exhaust every possible option to find a peaceful resolution. If the roles were reversed and you passed on, and your son Gary was being robed of what you intended for him to get from your estate, my dad would be the first to step forward, and help (if asked). He would attempt to stop the wrongdoing and set things straight. Please ask yourself what would you want my dad to do if he were in your shoes, and Gary came to him, as I am now coming to you and asking for your help? I would think that you would not want my dad to reject Gary or ignore him, or tell him, “I don’t want to get involved, or it’s none of my business, or I cannot help you”. I know that my dad would help Gary, and help the other family members to see and accept the truth, and do what you wanted. I know that my dad would not want to see your son Gary have to spend the rest of his life and his money, and all of his children’s dollars on legal fees trying to carry out your wishes. It has cost my children and I over $25,000 in legal fees so far. It may well cost us $50,000 to $100,000 before this is all over with, and we may not get one single clod of dirt from the farms that my father and mother wanted us to have, but we must try and we must never give up. I ask myself all the time what would my dad want me to do? He was a generous and forgiving man. The last thing that he would want to see his family doing is fighting over money. He also would not want to see any of his children taken advantage of, or cheating another one. He tried to be as fair as he could be in dividing everything up. He even took into consideration my siblings resentment against him and I for the reasons that I have stated in addition to money that we made together. He gave them more land than he did me. I have no problem with that because he explained this to me several times by saying that they were always whining and complaining about Larry and he wanted to appease them the best that he could. I under that and I told him so. He explains this to me again in our June 5, 2005 taped conversation and transcript (enclosed). Now my siblings and others want to take what dad wanted me to have also. I know without question that dad would be so disappointed and sad to think that some of his family members would ignore his wishes, and disgrace and dishonor both himself and my mother by telling the world that they would disinherit one of their children. If this travesty is left to continue, and stand, it is a complete dishonor and insult to their memory and legacy. It will tell the world that my parents were covert, secretive, dishonest, unfair, disrespectful, and disinherited one of their children. It will also tell the world that my parents raised three children that were filled with resentment and jealously, and were blatantly greedy, dishonest and cruel. My parents were absolutely not this kind of people in any respect whatsoever. Not one soul on earth would say this about them. Please take the time to listen to the cassette tape recordings of my dad and I together, and my brother Ivan Lee Fail, and my son Adam, and others, and read the enclosed transcripts of the tape recordings and the other documents that I have sent to you and judge for yourself what you think my dad wanted and what you think of what took place in the last 30 days of his life, and what has taken place over the past year since he has left us. I will be forthcoming with more tapes, and also of more recent conversations. Please understand that we are not asking for any special favors from you that my dad would object to. We are simply asking you to understand and accept the truth as to what my dad wanted to give to his four children, and help us. He had four, not three. Listed below is what my dad wanted my three siblings and I to have. All three of them know this to be true. John Rubow knows this also. Unfortunately, wiser men than I have said. “A lie can travel around the world three times before the truth can tie its shoe laces”. 1. Ivan Lee; The place where dad was raised. Total acres 400. 2. Larry; The 28 acre Horse Ranch, and the 160 acre George Place. Total acres 188. * Note – See below. 3. June; The Van Meter 80 acres, the Edwards 60 acres, and the Cooper 60 acres. Total acres 200, with producing gas wells. 4. John; The home place where dad lived. Total acres 360, with producing Gas wells. John deeded this farm and 1/3 of my property to Patty Hon three hours after dad died! Why? * Note. Property that I purchased and owned my self that was not part of the estate division. A. The House in Colorado that I purchased in 1968 with my own money. Colorado Kallson Minerals. Ness County Minerals in Kansas. B. Property that my dad and I purchased together. Brighton Minerals and the Lamb estate minerals in Colorado. All other Estate assets were to be shared equally between the four children. My parents and I had many talks together about their wills, the property that they wanted us kids to have and my business successes, and also my business problems. As a result of some of my business problems in 1990 I put my property in my parents names to hold for me. When my mother passed in 2000, dad’s lawyer John Rubow advised us to put the property in my siblings names to hold for me. He had also advised my dad to take me out of his and my mother’s wills for the same reasons with the understanding with my siblings that they would split everything four ways with me. They gave their word to my father and attorney Rubow and swore on their oath to hold designated Real property in trust for me. In my father’s own words he attests to this fact in our tape recorded conversation on the same date, July 28, 2000. (Hear the tape and read the tape transcript). I will have more tape recordings on this and other related issues that I will be delivering to anyone that is interested in the facts. All I am asking for. Is the opportunity to present the facts to those people in a position to solve the problem. They also have to be interested in dealing with the truth and carrying out my father’s wishes, not just whatever they can get away with. . In 2001 I prepared deeds for the Colorado property and my dad had my siblings sign it over to my dad and my son Adam in joint tenancy. Dad instructed John Rubow to do the same with the Kansas deeds. Rubow never did so. My dad and I never worried about it as much as we should have because we trusted John Rubow and my three siblings to give my property to me after he passed. They promised my dad and I this. They know this. John Rubow knows this. Too many times Money makes the mind go sour. John Rubow and my three siblings have all gotten amnesia after my dad has passed. My father told my brother Ivan Lee on December 4, 2005 that he wanted my son Adam and I to have the three Kansas properties. (Please listen to the December 5, 2005 tape and read the matching transcript where Ivan Lee is telling me this). Now my three siblings and the other people involved are saying. “The hell with what Ivan J. Fail wanted”. It seems they have decided to grab what ever they can get away with. It is an insult to my both of my parents. They can correct this if they come together and stop counting the dollars, and put their personal feelings that they have my dad and Larry aside. If they choose not to they will have disgraced themselves, and my parents faith and trust that they placed in them, and also the good family name that my parents spent their entire lives building. I have many tape recordings with my dad and I, and others talking about things that proves all of this. I also have written statements, and more promised by family and friends when formally requested, telling what my dad told them that he wanted. Lynn and Cindy Hinkle have rented the 28 acre Horse Ranch from the time that dad and I bought the property in 1997. On December 21, 2006 at 6:30 PM my son Adam and I went to their home and talked to them and their eldest son. Lynn had told me many times before, and he told me again. He said. “Larry, I asked your Dad several times if he would sell the place to us. He always told me the same thing, no you will have to talk to Larry because he will inherit it after I am gone, it will be Larry’s place”. I asked Lynn when dad had told him this? He said. “It was after your mother died. Lynn had told my kids and I in many other conversations over the years, and he told us again on December 21, 2006, that everyone knows that the Horse Ranch is Larry’s. To June’s delight, this has been an extremely difficult year for my kids and I. It was hard enough to loose dad, but to be ignored by my family and forced to resort to litigation to carry out my father’s wishes because of their greed and silence made it miserable. Gary does not even know me. He has been misinformed about me and what dad wanted. All he knows is what he has been told by June and Gene, and my brothers, and other person who’s name is on the deed to my Real Estate. They all are beneficiaries to Larry loosing. So their credibility is more than in question. Breaching dad’s trust and playing with the deeds and the rush to lock him up and get him buried is appalling. The Funeral directors told me they had the whole next week open. I know that Gary is in a very difficult and compromising position because he has people to please because of the family structure. Dale, It comes down to this question. Should and/or will moral right be shoved aside by legal might in this case? My dad would not want this and I don’t think that you do either or I would not have taken the time to mail you this letter. I want to give everyone that is in a position to help in this situation an opportunity to correct the problem for everyone’s benefit. Now is the time for everyone that can do something to take a stand and put forth some common sense to save everyone and their kids a lot of money, embarrassment, heartache and misery, now and in their future. My mother always told us kids that Ill gotten gain bears bitter fruit and can only bring pain and misery down the road. Some people flunk the character test when given money and power. Other people reach out and place them back on the right track, and give them another chance. This was my dad. Sincerely, Larry Fail Mr. Nelson's response was.  "I do not want to get involved."  Apathy is worse than murder.  It tortured and killed 6,000,000 Jews, and it is torturing and killing millions more around the world today while the apathetic people at the United Nations and World Leaders simply "do not want to get involved."  Now, it is torturimg and killing me. I have spent $40,000 on three lawyers in my case that I filed against my evil sister, and my two simple minded  greedy brothers, their spouses and my sister's daughter and her lawyer Husband who duped my deceased father and me, and my father's and my lawyer who set up the Constructive Trust.  The instant that my father died on December 21, 2005 all nine (9) defendants immediately got amnesia, closed ranks, and fell silent.  The case is filed in the Wilson County District Court in Fredonia Kansas. The case name is Fail v Fail. The case number is 2006 -CV-25.  I am now forced to represent myself Pro se.  I cannot dishonor my deceased parents and my children by giving up.  There can be no peace without justice.  Courage needs witnesses.