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HomeMy WebLinkAbout910846 RECORDING REQUESTED BY CH I CAGO T I TLE COMPANY AND WHEN RECORDED~ MAIL TO JOSEPH KUSNERSYK 155 SOUTH FOREST DRIVE THAYNE, WYOMING 83127 I EscrowNo. 58516128 - S05 Order No. 58516128 S31 POWER OF ATTORNEY 00128 SPACE ABOVE THIS LINE FOR RECORDER'S USE RECEIVED 8/11/2005 at 1:34 PM RECEIVING# 910846 BOOK: 594 PAGE: 128 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies ) cP~a4 --~/,~/~ Acknowledgement of Attorney-in-fact ,.00129 , ,~~-/~ ~'ff~/L~c_~5'c-~,,have read the attached power of attomey and am the person identified as the~tomey-in-fact (th~agent") for the principal. I hereby acknowledge that in the absence of a specific provision to the contrary in the power of attorney or in 20 Pa.C.S. when I act as agent: · I shall exercise the powers for the benefit of the principal. · I shall keep the assets of the principal separate from my assets. · I shall exercise reasonable caution and prudence. · I shall keep a full and accurate record of all actions, receipts and disbursements on behalf of the principal. Name of Attorney-in-fact: S'gnature of Attorney-in~fact: Dated: NOTICE TO ~ERSON ACCEPTING THE APPOINTMENT AS ATTORNEY-IN-FACT By acting or agreeing to act as the agent (attorney-in-fact) under this power of attorney you assume the fiduciary and other legal responsibilities of an agent. These responsibilities include: The legal duty to act solely in the interest of the principal and to avoid conflicts of interest. The legal duty to keep the principal's property separate and distinct from any other property owned or controlled by you, unless the power of attorney specifically gives you the authority to commingle the principal's property with your own. You may not transfer the principal's property to yourself without full and adequate consideration or accept a gift of the principal's property unless this power of attorney specifically authorizes you to transfer property to yourself or accept a gift of the principal's property. If you transfer the principal's property to yourself without specific authorization in the power of attorney, you may be prosecuted for fraud and/or embezzlement. If the principal is 65 years of age or older at the time that the property is transferred to you without authority, you may also be prosecuted for elder abUse under Penal Code Section 368. In addition to criminal prosecution, you may also be sued in civil court. I have read the foregoing notice and I understand the legal and fiduciary duties that I assume by acting or agreeing to act as the agent (attorney-in-fact) under the terms of this power of attorney. . (~, ign~tture qf a"ge~) (Print rtame~9~ agent) (Date)~ ' (Signature of agent) (Print name of agent) (Date) NOTICE THE PURPOSE OF THIS POWER OF ATTORNEY IS TO GIVE THE PERSON YOU DESIGNATE (YOUR "AGENT" or "ATTORNEY-IN-FACT") BROAD POWERS TO HANDLE YOUR PROPERTY, WHICH MAY INCLUDE POWERS TO SELL OR OTHERWISE DISPOSE OF ANY REAL OR PERSONAL PROPERTY WITHOUT ADVANCE NOTICE TO YOU OR APPROVAL BY YOU. THIS POWER OF ATTORNEY DOES NOT IMPOSE A DUTY ON YOUR AGENT TO EXERCISE GRANTED POWERS, BUT WHEN POWERS ARE EXERCISED, YOUR AGENT MUST USE DUE CARE TO ACT FOR YOUR BENEFIT AND IN ACCORDANCE WITH THIS POWER OF ATTORNEY. YOUR AGENT MAY EXERCISE THE POWERS GIVEN HERE THROUGHOUT YOUR LIFETIME, EVEN AFTER YOU BECOME INCAPACITATED, UNLESS YOU EXPRESSLY LIMIT THE DURATION OF THESE POWERS OR YOU REVOKE THESE POWERS OR A :00131 COURT ACTING ON YOUR BEHALF TERMINATES YOUR AGENT'S AUTHORITY. UNLESS THE POWER OF ATTORNEY SPECIFIES OTHERWISE, YOUR AGENT MUST KEEP YOUR FUNDS SEPARATE FROM YOUR AGENT'S FUNDS. A COURT CAN TAKE AWAY THE POWERS OF YOUR AGENT IF IT FINDS YOUR AGENT IS NOT ACTING PROPERLY. THE POWERS AND DUTIES OF AN AGENT UNDER A POWER OF ATTORNEY ARE EXPLAINED MORE FULLY IN 20 PA.C.S. CH. 56. IF THERE IS ANYTHING ABOUT THIs FORM THAT YOU DO NOT UNDERSTAND, YOU SHOULD ASK A LAWYER OF YOUR OWN CHOOSING TO EXPLAIN IT TO YOU. I have read or had explained to me this notice and I understand its contents. ' --/s~ep ~ s~'er ~-5/I~, -P rin ci~ - (Dd~e) ' THIS DURABLE POWER OF ATTORNEY for financial management is given by me, Joseph B Kusnersyk, presentlY of 1001 Miller Road, Strasburg, in the Commonwealth 6f pennsylvania, on the ~¢/~ day of July, 2005. ' Nature of Power THIS IS A DURABLE POWER OF ATTORNEY and the authority of my Attorney-in-fact shall not terminate if I become disabled or incapacitated or in the event of later uncertainty as to whether I am dead or alive. 2. Previous Power of Attorney I REVOKE any previous durable power of attorney granted by me. Attorney-in-fact I APPOINT Kimberly A Kusnersyk, of 1001 Miller Road, Strasburg, Pennsylvania, to act as my Attorney-in-fact. Governing Laws This instrument will be governed by the laws of the Commonwealth of Pennsylvania. Further, my Attorney-in-fact is directed to act in accordance with the laws of the Commonwealth of PeImsylvania at any time he or she may be acting on my behalf. o Delegation of Authority My Attorney-in-fact may delegate any authority granted under this document to a person of his or her choosing. Any delegation must be in writing and state the extent of the power delegated and the period of time in which the delegation will be effective. o Liability of Attorney-in-fact My Attorney-in-fact will not be liable to me, my estate, my heirs, successors or assigns for any action taken or not taken under this document, except for willful misconduct or gross negligence. '0O132 Effective Date This Power of Attorney will start immediately and will continue notwithstanding my mental incapacity or mental infm-nity which may occur after my execution of this power of attorney. o Powers of Attorney-in-fact My Attorney-in-fact will have the following power(s): Initials Real Estate Transactions To'deal with any interest I may have in real property and sign all documents on my behalf concerning my interest, including, but not limited to, real property I may subsequently acquire or receive. These powers include, but are not limited to, the ability to: i. purchase, sell, exchange, accept as gift, place as security on loans, convey with or without covenants, rent, collect rent, sue for and receive rents, eject and remove tenants or other persons, to pay or contest taxes or assessments, control any legal claim in favor of or against me, partition or consent to partitioning, mortgage, charge, lease, surrender, manage or otherwise deal with real estate and any interest therein, and ii. execute and deliver deeds, transfers, mortgages, charges, leases, assignments, surrenders, releases and other instruments required for any such purpose. Chattel and Goods Transactions To purchase, sell or otherwise deal with any type of personal property I may currently or in the future have an interest in. This includes, but is not limited to, the power to purchase, sell, exchange, accept as gift, place as security on loans, rent, lease, to pay or contest taxes or assessments, mortgage or pledge. Banking Transactions To do any act that I can do through an attorney-in-fact with a bank or other financial institution. This power includes, but is not limited to, the power to: i. Open, maintain or close bank accounts (including, but not limited to, checking accounts, savings accounts, and certificates of deposit), brokerage accounts, retirement plan accounts, and other similar accounts with financial institutions. ii. Conduct any business with any banking or financial institution with respect to any of my accounts, including, but not limited to, making deposits and withdrawals, negotiating or endorsing any checks or other instruments with reSpect to any such accounts, obtaining bank statements, passbooks, drafts, money orders, warrants, and certificates or vouchers payable to me by any person, firm, corporation or political entity. iii. Borrow money from any banking or financial institution if deemed necessary by my Attorney-in-fact, and to manage all aspects of the loan process, including the placement of security and the negotiation of terms. iv. Perform any act necessary to deposit, negotiate, sell or transfer any note, security, or draft of the United States of America, including U.S. Treasury Securities. Vo ,00133 Have access to any safe dePosit box that I might own, including its contents. Create and deliver any financial statements necessary to or from any bank or financial institution. Business Operating Transactions To take any action my Attomey-in-fact deems necessary with any business that I may own or have an interest in by doing any act which can be done through an attorney-in-fact. This power includes, but is not limited to, the power to execute, seal and deliver any instrument; participate in any legal business of any kind; execute partnership agreements and amendments; to incorporate, reorganize, consolidate, merge, sell, or dissolve any business; to elect or employ officers, directors and agents; and to exercise voting rights with respect to any stock I may own, either in person or by proxy. Insurance Transactions To do any act that I can do through an attorney-in-fact with any insurance policy. This power includes, but is not limited to, the power to pay premiums, start, modify or terminate policies, manage all cash payouts, borrow from insurers and third parties using insurance policies as collateral, and to change the beneficiaries on any insurance policies on my life. Unless my Attorney-in-fact was already a beneficiary of any policy before the signing of this document, my Attorney-in-fact cannot name himself or herself as a beneficiary of such policy. Estate Transactions To do any act that I can do through an attorney-in-fact with regard to all matters that affect any trust, probate estate, conservatorship, or other fund which I may receive payment as a beneficiary. This power includes the power to disclaim any interest which might otherwise be transferred or distributed to me from any other person, estate, trust, or other entity, as may be appropriate. However, my Attorney-in-fact cannot disclaim assets to which I would be entitled, if the result is that the disclaimed assets pass directly or indirectly to my Attorney-in-fact or my Attorney-in-fact's estate. Living Trust Transactions To transfer any of my assets to the trustee of any revocable trust created by me, if such trust is in existence at the time of such transfer. This property can include real property, stocks, bonds, accounts, insurance policies or other property. Claims and Litigation Matters To institute, maintain, defend, compromise, arbitrate or otherwise dispose of, any and all actions, suits, attachments or other legal proceedings for or against me. This power includes, but is not limited to, the power to: appear on my behalf or retain an attorney and any other professional personnel necessary to defend or assert any claim before any court, board, or tribunal, and the power to settle any 00134 claim against me in which ever forum or manner my Attorney-in'fact deems prudent, and to receive or pay any resulting settlement. Government Benefits To act on my behalf in all matters that affect my right to allowances, compensation and reimbursements properly payable to me by the Government of the United States or any agency or department thereof. This power includes, but is not limited to, the power to prepare, file, claim, defend or settle any claim on my behalf and to receive and manage as my Attorney-in-fact sees fit any proceeds of any. claim. Retirement Benefit Transactions To act for me and represent my interests in all matters affecting any retirement savings or pension plans I may have. This power includes, but is not limited to, the power to continue contributions, change contribution amounts, change investment strategies and options, move assets to other plans, receive and manage payouts, and add or change existing beneficiaries. My Attorney-in-fact cannot add himself or herself as a beneficiary unless he or she is already a designated beneficiary as of the signing of this document. Family Care To make whatever expenditures are required for the maintenance, education, benefit, medical care and general advancement of me, my spouse and dependent children, and other persons that I have chosen or which I am legally required to support, any of which may include my Attorney-in-fact. This power includes, but is not limited to, the power to pay for housing, clothing, food, travel and other living costs. Tax Matters To act for me in all matters that affect my local, state and federal taxes and to prepare, sign, and file documents with any governmental body or agency, including, but not limited to, authority to: i. prepare, sign and file income and other tax returns with federal, state, local and other governmental bodies, and to receive any refund checks. ii. obtain information or documents fi.om any government or its agencies, and represent me in all tax matters, including the authority to negotiate, compromise, or settle any matter with such government or agency. Gift Transactions To make gifts to my spouse, children, grandchildren, great grandchildren, and other family members on special occasions, including birthdays and seasonal holidays, including cash gifts, and to such other persons with whom I have an established pattern of giving (or if it is appropriate to make such gifts for estate planning and~or tax purposes), in such amounts as my Attorney-in-fact may decide ,.00135 in his'or her absolute discretion, having regard to all of the circumstances, including the gifts I made while I was capable of managing my own estate, the size of my estate and my income requirements. Charity Transactions To continue to make gifts to charitable organizations with whom I have an established pattern' of giving (or if it is appropriate to make such gifts for estate planning and/or tax purposes), in such amounts as my Attorney-in-fact may decide in his or her absolute discretion, having regard to all of the circumstances, including the gifts I made while I was capable of managing my own estate, the size of my estate and my income requirements. Maintain Property and Make Investments To retain any assets owned by me at the date this Durable Power of Attorney becomes effective, and the power to reinvest those assets in similar investments. In addition, my Attorney-in-fact may invest my assets in any new investments, of his or her choosing, regardless of whether or not they are authorized by any applicable legislation. Employ Required Professionals To appoint and employ any agents, servants, companions, br other persons, including nurses and other health care pr0f6ssionals for mY care and the care of my spouse and dependent children, and accountants, attorneys, clerks, workers and others for the management, preservation and protection of my property and estate, at such compensation and for such length of time as my Attorney-in-fact considers advisable. General Authority To do any act or thing that I could do in my own proper person if personally present, including managing or selling tangible assets, disclaiming a probate or nonprobate inheritance and providing support for a minor child or dependent adult. Other specifically enumerated powers are not intended as a limitation on this broad general power. Attorney-in-fact Compensation My Attorney-in-fact will receive no compensation except for the reimbursement of all out of pocket expenses associated with the carrying out of my wishes. 10. Co-owning of Assets and Mixing of Funds My Attorney-in-fact may continue to co-own assets and have any funds owned by him or her mixed with my funds to the same extent that the co-owning of assets and mixing of funds existed before operation of this power of attorney. 11. Personal Gain from Managing My Affairs My Attorney-in-fact is allowed to personally gain from any transaction he or she may complete on my behalf if the transaction is completed in good faith and with my Attorney-in-fact believing it is in my best interest. .00136 12. Nomination of Guardian or Conservator In the event that a court decides that it is necessary to appoint a guardian or conservator for me, I hereby nominate my Attorney-in-fact to be considered by the court for appointment to serve as my guardian or conservator, or in any similar representative capacity. 13. Attorney-in-fact Restrictions This Power of Attorney is not subject to any conditions or restrictions other than those noted above. 14. Notice to Third Parties Any third party who receives a valid copy of this Power of Attorney can rely on and act under it. A third party who relies on the reasonable representations of an Attorney-in-fact as to a matter relating to a power granted by this Power of Attorney will not incur any liability to the principal or to the principal's heirs, assigns, or estate as a result of permitting the Attorney-in-fact to exercise the authority granted by the Power of Attorney up to the point of revocation of the Power of Attorney. Revocation of the Power of Attorney will not be effective as to a third party until the third party receives notice and has actual knowledge of the revocation. 15. Severability If any part of any provision of this instrument is ruled invalid or unenforceable under applicable law, such part will be ineffective to the extent of such invalidity only, without in any way affecting the remaining parts of such provisions or the remaining provisions of this instrument. ,;00137 I, Joseph B Kusnersyk, being the Principal named this attached Durable Power of Attorney for Finances hereby acknowledge: 1. I have read and understand the nature and effect of this Power of Attorney. 2. I recognize that this document gives my attorney-in-fact broad powers over my assets, and that these powers will continue past the point of my incapacity. 3. I am of legal age in the Commonwealth of Pennsylvania to grant a Durable Power of Attorney. 4. I am voluntarily gfving this Power 0fAttomey and recognize that the powers given in this document will become effective as of the date of my incapacity or as specified within. IN WITNESS WHEREOF I hereunto sign my name at the City of Oxford, in the Commonwealth of ..pen~sylvania, this d~'~ day of July, 2005. ACKNOWLEDGMENT OF NOTARY PUBLIC Commonwealth of Pennsylvania ) County of (.~.~~__~k ) NOTARIAL SEAL Tamika R. Butcher, Notary Public Lower Oxford Twp. Chester County My Commission Expires Feb. 12, 2006 On the ~ day of July, 2005, before me, the undersigned, a Notary Public in and for said State, personally appeared Joseph B Kusnersyk, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he, by his signature on the instrument, in his capacity, executed the instrument. Notary Public for the Commonwealth of Pennsylvania My commission expires: ~,!!;D,\ Ob Member, Penn~y~ ~eUon of Notaries EXHIBIT A ,, -~,- ;' 00138 091.08,-~L STAR VALLEY RANCH PLAT TWENTY-TWO (22) LOT TWENTY-ONE (21) AS PLATTED AND RECORDED IN THE OFFICIAL RECORDS OF LINCOLN COUNTY, WYOMING.