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HomeMy WebLinkAbout914230 .. Il/ :' /Ì t. () < r; '. '.j \_' 0 1. u ~) GENERAL DURABLE POWER OF ATTORNEY ~ DEJ::crr( -- ::ff ?; }~. '1 ~~~¡~~e:~ .. - - I, Gary William '. tlle principal, of Salt Lake County, State of Utah, hereby designate Barbara Weaver, my Attorney-in-Fact and Agent (subsequently called my agent), in my name and for my benefit: 1. General Grant of Power. To exercise or perform any act, power, duty, right or obligation whatsoever that I now have or may hereinafter acquire relating to any property, real or personal, tangible or intangible, now owned or hereafter acquired by me, including, without limitation, the following specifically enumerated powers. I grant to my agent full power and authority to do everything necessary in exercising any of the powers herein granted as fully as I might or could do if personally present, with full power of substitution or revocation, hereby ratifYing and confirming all that my agent shall lawfully do or cause to be done by virtue of this power of attorney and the powers herein granted. 'I A. Power of Collection and Payment. To forgive, request, demand, sue for, recover, collect, receive, hold all such sums of money, debts, dues, commercial paper, checks, drafts, accounts, deposits, annuities, pensions, profit sharing, retirement, social security, insurance and other contractual benefits and proceeds, all documents of title, all property, real or personal, tangible or intangible property rights and demands whatsoever, liquidated or unliquidated, now or hereafter owned by or due, owing, payable or belonging to me, or in which I have or may hereafter acquire an interest; to have, use and take all lawful means and equitable and legal remedies and proceedings in my name for the collection and recovery thereof, and to adjust, sell, compromise and agree for the same, and to execute and deliver for me, on my behalf and in my name, all endorsements, releases, receipts or other sufficient discharges for the same; B. Power to Acquire and Sell. To acquire, purchase, exchange, to sell and convey real or personal property, tangible or intangible, or interests therein, on such terms and conditions as my agent shall deem proper; C. Management Powers. To maintain, repair, improve, invest, manage, insure, rent, lease, encumber and in any manner deal with any real or personal property, tangible or intangible, or any interest therein, that I now own or may hereinafter acquire, in my name and for my benefit, upon such terms and conditions as my agent shall deem proper; D. Banking Powers. To make, receive and endorse checks and drafts, deposit and withdraw funds, acquire and redeem certificates of deposit in banks, savings and loan associations and other institutions, execute or lease such deeds of trust or other security agreements as may be necessary or proper in the exercise of the rights and powers herein granted; E. Motor Vehicles. To apply for a Certificate of Title upon, and endorse and transfer title thereto, for any automobile, truck, pickup, van, motorcycle or other motor vehicle, RECEIVED 12/6/2005 at 4:21 PM RECEIVING # 914230 BOOK: 606 PAGE: 815 JEANNE WAGNER COUNTY CLERK, KEMMERER, W·. ' 'r" "~.1U ,-. i-I (' () .:. r> :., ',j ~_: Ó .( Û and to represent in such transfer assignment that the title to said motor vehicle is free and clear of all liens and encumbrances except those specifically set forth in such transfer assignment; F. Business Interest. To conduct or participate in any lawful business of whatever nature for me and in my name; execute partnership agreements and amendments thereto, incorporate, reorganize, merge, consolidate, recapitalize, sell, liquidate or dissolve any business; elect or employ officers, directors and agents; carry out the provisions of any agreement for the sale of any business interest or the stock therein; and exercise voting rights with respect to stock, either in person or by proxy, and exercise stock options; G. Tax Powers. To prepare, sign and file joint or separate income tax returns or declarations of estimated tax returns with respect to gifts made by me for any year or years; to consent to any gift and to utilize any gift-splitting provisions or other tax election; and to prepare, sign and file any claims for refund of any tax; H. Safety Deposit Boxes. To have access at any time or times to any safe deposit box rented by me, wheresoever located, and to remove all or any part of the contents thereof, and to surrender or relinquish said safe deposit box, and any institution in which any such safe deposit box may be located shall not incur any liability to me or my estate as a result of pennitting my agent to exercise this power; I. Power to Make Gifts. Following my disability or incapacity, to make gifts, grants or other transfers to my issue or to the spouses of my issue without consideration either outright or in trust, to consent to the splitting of gifts under Section 2513 of the Internal Revenue Code and any successor sections thereto, and to pay any gift tax that may arise by reason of such gift; provided, however, that my agent shall not make any gifts constituting a future interest within the meaning of Section 2503(b) of the Internal Revenue Code and shall not make gifts in excess of the maximum United States Gift Tax Annual Exclusion amount allowed under Section 2503(b) of the Internal Revenue Code in any calendar year to anyone person (currently $10,000.00) unless my spouse has agreed to consent to "gift splitting" under Section 2513 of the Internal Revenue Code and in that event such shall not exceed double said maximum amount (currently $20,000.00) in any calendar year; 1. Funding Trusts. To transfer trom time to time to the Trustee or Trustees of any revocable trust agreement created by me before or after the ~xecution of this instrumeiìt, as to which trust I am, during my lifetime, a primary income and principal beneficiary, any or all of my cash, property or interest in property, including any rights to receive income trom any source; and for this purpose to enter and remove from any safe deposit box of mine (whether the box is registered in my name alone or jointly with one or more other persons) any of my cash or property and to execute such instruments, documents and papers to effect the transfers described herein as may be necessary, appropriate, incidental or convenient. 2. Interpretation and Governing Law. This instrument is to be construed and interpreted as a general durable power of attorney. The enumeration of specific powers herein is 2 ,~ ·,]0 (., 1"\ (..... () "0 i·1,' ',) \~} U _t. i not intended to, nor does it, limit or restrict the general power herein granted to my agent. This instrument is executed and delivered in the State of Utah, and the laws of the State of Utah shall govern all questions as to the validity of this power and the construction of its provisions. 3. Third-Party Reliance. Third parties may rely upon the representations of my agent as to all matters, to any power granted to my agent, and no person who may act in reliance upon the representation of my agent, or the authority granted to my agent, shall incur any liability to me or my estate as a result of pennitting my agent to exercise any power. 4. Disability of Principal. This General Power of Attorney shall not be affected by my subsequent disability or incompetency. 5. Binding Effect of Copies. I hereby direct that photographic copies and facsimile copies of this power shall have the same force and effect as an original. IN WITNESS WHEREOF, I have executed this General Durable Power of Attorney on ,-r:1:",.).'iI...y 7o, 2öoy ~!:?jß¿2-,~~ Gary William Springer STATE OF UTAH ) 55. COUNTY OF SALT LAKE ) On !~!r. ('>Ai\'lliL i.;, :) (ii" I ,personally appeared before me Gary William Springer, the signer of the within iristrumerit, who duly acknowledged to me that he signed the same. ~.;õ.i!it~ ,.. vfëÎ<II:fC GrIlFFÎÑJ. ~Jtf~;."~..~ Nt"¡c"iliV..I:UiJ....·.1 JG ~.s.' rA'.I"~.':o.· t th~ f \~'~¡~J" tw1 E. Wooul..mJ Chd\t \<:'...':'/.> ~.\';ji¡ jfull ur lî~Oj~ . ..:" My COflin!. Ex'). 8··;Jl)·2tltl4 ..........."..~""'-~~.. _..,. ~ '.' "J ' . II }\ Ii l '. ( 'I ,;! \ '. ". j ,{ \ ¡( < ¿ ;0,," ro' n 1 \..-' \... ,j Notary Public 3