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HomeMy WebLinkAbout917862 :~~m*t: ..-¡!t'l 60283 (01) ,.. r\ f"\.f C 6 \.: U U 10 (iJ5 General Durable Power of Attorney of Raul Lopes Mendes / I, Raul Lopes Mendes of Etna, Wyoming, social security number 045-48-600, am creating a durable power of attorney under the laws of the state of Wyoming. I hereby revoke all Powers of Attorney previously granted by me as Principal and terminate all Agency relationships created by me except: Powers granted by me under any state statutory short form Durable Power of Attorney; Powers granted by me under any Durable Health Care Power of Attorney; Powers granted by me on forms provided by financial institutions granting the right to write checks on, deposit funds to and withdraw funds from accounts to which I am a signatory; and Powers granting access to a safe deposit box. Article One Appointment of Agent ~ ci ~ ~ « w J'.. CD ~ c:'! cnc::~ oN.... W W ~CD"Z~ -cow cu"'<9<9~ co ..... « :;5 c:: ocna..>w o ...J t:! Wü CIO~ Z ~<9 z~ v~co«z C~....~::> WWCD 0 >ü~ ü jjjWO z UC::o ...J w m 0 0:: ~ ...J Section 1.01 Initial Agent ,,/ I appoint Antonio Rui Mendes to serve as my Agent. Article Two Effectiveness of Agent Appointment - Durability Provision Section 2.01 Effectiveness The authority granted to my Agent under this power of attorney shall be effective immediately upon signing. Section 2.02 Durability The authority granted to my Agent under this power of attorney shall not be affected by my subsequent disability, incapacity or lapse of time. Section 2.03 Term of Durable Power of Attorney This Durable Power of Attorney shall expire at the earlier of: General Durable Power of Attorney Page 1 091.7862 r ,I) 019 7 ··ut; My death, (except for post-death matters allowed under the laws of Wyoming), or Upon my revocation of this Power of Attorney. Article Three Powers Granted to My Agent I grant my Agent the powers described in this Article so that my Agent may act on my behalf In addition, my Agent may do everything necessary to exercise the powers listed below. Section 3.01 Power to Sell Unless specifically limited by the other provisions of this power of attorney, my Agent may sell any interest I own in any kind of property, real or personal, tangible or intangible, including any contingent or expectant interest, marital right and any right of survivorship incident to joint tenancy or tenancy by the entirety. My Agent may determine the terms of sale and may grant options with regard to sales. My Agent may dispose of sales proceeds on my behalf as my Agent determines is appropriate. Section 3.02 Power to Buy Unless specifically limited by the other provisions of this power of attorney, my Agent may buy any kind of property. My Agent may determine the terms for buying property and may obtain options to buy property. In addition, my Agent may arrange to insure the purchased property, and otherwise arrange for its safekeeping. My Agent is authorized to borrow money for the purposes described in this Section and to secure the loan in any manner my Agent determines is appropriate. My Agent is authorized to repay ITom my funds any money borrowed by me or on my behalf and to pay for any purchases made or cash advanced using my credit cards. Section 3.03 Power to Invest My Agent may invest and reinvest all or any part of my property in any other property of whatever type, real or personal, tangible or intangible, and whether located inside or outside the geographic borders of the United States and its possession or territories. Unless specifically limited by the other provisions of this power of attorney, my Agent may: Invest in securities of all kinds, limited partnership interests, real estate or any interest in real estate whether or not productive at the time of investment, commodities contracts of all kinds, interests in trusts including investment trusts; Participate in common, collective or pooled trust funds or annuity contracts; General Durable Power of Attorney Page 2 ~¡;~~;;m¡!mm¡j~ ::I~m1ill~~( 091.7862 f,'l("l Cj8 '. '... '- J_ <. Sell or otherwise terminate any investment made by me or on my behalf, and establish and terminate savings and money market accounts at banks and other financial institutions; Establish and terminate accounts with securities brokers and use brokerage accounts to make short sales and to buy on margin, and pledge any securities held or purchased in brokerage accounts as security for loans and advances made to the account; Establish and terminate agency accounts with corporate fiduciaries. Employ and fire financial and investment advisors. Section 3.04 Power to Manage Real Property My Agent may manage any real property I now own or may acquire in the future including my personal residence. Unless specifically limited by the other provisions of this power of attorney, my Agent may: Lease and sublease property for any period, and grant options to lease or subdivide property, even if the tenn of the lease, sublease or option extends beyond the tenn of this power of attorney; Eject and remove tenants or other persons trom property, and recover the property by all lawful means; Collect and sue for rents; Pay, compromise or contest tax assessments and apply for tax assessment refunds; Subdivide, partition, develop, dedicate property to public use without consideration, or grant or release easements over my real property; Maintain, protect, repair, preserve, insure, build upon, improve, demolish, abandon and alter all or any part of my real property; Employ laborers; Obtain or vacate plats and adjust boundaries; Adjust differences in the property's value on exchange or partition by giving or receiving consideration; Release or partially release real property trom a lien; Enter into any contracts, covenants and warranty agreements regarding my real property that my Agent considers appropriate; and Encumber property by mortgage or deed of trust. My Agent may accept real property as a gift or as security for a loan. General Durable Power of Attorney Page 3 ~ 0917862 r ,") r -1 C 9 ., L·· \. ~ J.. f..1 Section 3.05 Power to Manage Tangible Personal Property My Agent may manage any tangible personal property I now own or may acquire in the future. Unless specifically limited by the other provisions of this power of attorney, my Attorney may: Lease and sublease property for any period, and grant options to lease or subdivide property, even if the tenn of the lease, sublease or option extends beyond the tenn of this power of attorney; Recover my property by all lawful means; Collect and sue for rents; Pay, compromise or contest tax assessments and apply for tax assessment refunds; Maintain, protect, repair, preserve, insure, improve, destroy, and abandon all or any part of my property; and Grant security interests in my property. My Agent may accept tangible personal property as a gift or as security for a loan. Section 3.06 Power Regarding Securities My Agent may exercise all rights regarding securities that I own now or in the future. Specifically my Agent may: Buy, sell, and exchange all types of securities and financial instruments including but not limited to stocks, bonds and mutual funds, mutual funds and commodity futures contracts and call and put options on stocks and stock indexes; Receive certificates and other evidences of ownership with regard to securities; Hold securities in bearer or uncertified fonn and use a central depository, clearing agency or book-entry system such as The Depository trust Company, Euroclear or the Federal Reserve Bank of New York; Place all or any part of my securities in the custody of a bank or trust company or in the name of its nominee; Employ a broker-dealer as custodian for my securities and register the securities in the name of the broker-deal or its nominee; Exercise voting rights with respect to securities in person or by proxy, enter into voting trusts, and consent to limitations on the right to vote; Participate in any reorganization, recapitalization, merger or similar transaction; and Exercise any subscription rights, option rights (whether or not qualified under the Internal Revenue Code) or other rights to which I am entitled now or in the future, or to sell and dispose of these rights, and, if required, to sign my name to rights, warrants or other similar instruments. General Durable Power of Attorney Page 4 ~:;,';:;:::::;I] ...".J.'jl,\",.(,,;I,.;.;'_ ¡'¡~;h:::.::rl·"; ~W~~;;l;~~mmm~ ;I~i~i~? 091.7862 ,... f! () r, ~ 0 \ U \) t~ lr Section 3.07 Power to Collect and Settle My Obligations My Agent may collect all rights and benefits to which I am entitled now or in the future, including, but not limited to rights to, cash payments, property, debts, accounts, legacies, bequests, devises, dividends and annuities. In collecting my obligations, my Agent may demand, sue for, arbitrate, settle, compromise, receive, deposit, expend for my benefit, reinvest or otherwise dispose of these matters as my Agent detennines appropriate. My Agent may use all lawful means and methods to recover these assets and rights, to qualify me for benefits and claim benefits on my behalf, and to compromise claims and grant discharges regarding the matters described in this Section. My Agent may convert my assets into assets that do not disqualify me trom receiving benefits, or my Agent may divest my assets altogether. In any divestment action or asset conversion, I direct my Agent to avoid disrupting the dispositive provisions of my estate plan as established by me prior to my incapacity. Section 3.08 Power Regarding Governmental Benefits All Powers described in this section are exercisable with respect to all federal and state (or any subdivision thereof) programs existing when this power of attorney was executed or for which I become eligible after this power of attorney is executed. The power of attorney shall extend to any state in which I live when my Agent's powers become effective. My Agent is appointed as my "Representative Payee" for the purposes of receiving Social Security benefits. My Agent may collect all benefits payable to or for my benefit by any governmental agency or body, such as Supplemental Social Security (SSI), Medicaid, Medicare, and Social Security Disability Insurance (SSDI). My Agent shall have the full power to represent me and deal in all ways necessary concerning rights or benefits payable to me by any governmental agency including, without limitation, Supplemental Social Security Income (SSSI), Medicaid and Social Security Disability Income (SSDI). My Agent may: Execute vouchers in my name for allowances and reimbursements payable to me by the United States, a foreign government, a state, or a subdivision of a state to me, including allowances and reimbursements for my transportation, my wife's, children's and other individual's customarily or legally entitled to be supported by me, and for shipment of their household effects. Take possession, remove and ship any of my property £Tom a post, warehouse, depot, dock, or other place of storage, whether governmental or private, and execute and deliver a release, voucher, receipt, bill of lading, shipping ticket, certificate, or other instrument for that purpose. Prepare, file, and prosecute my claims for benefits or assistances, financial or otherwise, for any claim to which I am entitled under a statute or government regulation. General Durable Power of Attorney Page 5 0917862 (' n n ('", fj' 1 1,. \..1 l.) f. \,. Prosecute, defend, arbitrate, settle, and propose or accept a compromise with respect to any benefits I may be entitled to receive. Receive the financial proceeds of any type of claim described in this Section and invest, disburse, or use the proceeds on my behalf for any lawful purpose. Sign on my behalf any document necessary to permit my return to my residence following my incapacity or other condition that prevents me ITom currently living there. Section 3.09 Power Regarding My Retirement Plans and Other Employee Benefits My Agent may exercise all rights and collect all qualified retirement benefits to which I am entitled now or in the future. Specifically, my Agent may Establish, using any of my assets, one or more qualified retirement plans in my name; Make contributions, including "rollover" contributions, or cause contributions to be made, to any qualified retirement plan my Agent considers appropriate using my assets; Receive and endorse checks and other distributions to me from any qualified retirement plans, or arrange for the direct deposit of those checks or distributions in any of my accounts; Elect any form of payment ITom my qualified retirement plans and to withdraw benefits on my behalf ITom the IRAs and retirement plans; Make, exercise, waive or consent to any and all election and option that I may have regarding contributions to qualified retirement plans, investments and administration of the retirement plans, and distribution or other forms of qualified retirement benefits available to me; and Borrow money, purchase assets ITom any of my qualified retirement plans and sell assets to any of my qualified retirement plans if the plan authorizes these actions. My Agent may make beneficiary designations, whether revocable or irrevocable, change revocable beneficiary designations, and consent or waive consent in connection with the designation of beneficiaries and the selection of joint and survivor annuities under any employee benefit plan. But my Agent may not directly or indirectly designate a greater share or portion of any benefit than my Agent would have otherwise received unless all other beneficiaries under the IRA or plan consent to the change in beneficiary designation. For all purposes of this Section, "qualified retirement plan" means a plan qualified under Section 401 of the Internal Revenue Code, an individual retirement arrangement under Section 408 or Section 408A or a tax-sheltered annuity under Section 403. The term "qualified retirement benefits" means the amounts held in or distributed pursuant to a plan qualified under Section 401, an individual retirement arrangement under Section 408 General Durable Power of Attorney Page 6 ~::::r:::::::::::~;,;;:) '~~~1~:~::~*iE?i ~::~;~mI[~¡~~~;if: 091."";862 r,"""'r"2 \ ,...' ~ L . v'llt.. f or Section 408A, a tax-sheltered annuity under Section 403 or any other benefit subject to the distribution rules of Section 401 (a)(9). Section 3.10 Power Regarding Bank Accounts My Agent may establish bank accounts of any type in one or more bank institutions that my Agent may choose. My Agent may modify, terminate, make deposits to, write checks on, make withdrawals ITom and grant security interests in any account in my name or to which I am an authorized signatory, except accounts held by me in a fiduciary capacity. In exercising this authority, it does not matter whether or not the account was established by me or for me by my Agent. My Agent is authorized to negotiate, endorse or transfer any check or other instrument with respect to any account, to contract for any services rendered by any bank or financial institution, and to execute, on my behalf as principal, any agency or power of attorney forms furnished by a bank with respect to accounts with the bank that appoints the bank or any person as my agent. If more than one Agent is serving concurrently under this power of attorney, the signature of anyone of them is sufficient to endorse checks or drafts and to draw checks or drafts on my financial accounts. Section 3.11 Power Regarding Safe-Deposit Boxes My Agent may contract with any institution to rent a safe-deposit box in my name. My Agent may have access to any safe-deposit box in my name or with respect to which I am an authorized signer. This Section will apply whether or not the contract for the safe- deposit box was executed by me alone or jointly with others or by my Agent in my name. My Agent may also add to or remove the contents of a safe-deposit box, or terminate any rental contract for a safe-deposit box. Section 3.12 Power to Prosecute and Defend Legal Actions My Agent may institute, supervise, prosecute, defend, intervene in, abandon, compromise, adjust, arbitrate, settle, dismiss, and appeal from any and all legal, equitable, judicial or administrative hearings, actions, suits or proceedings involving me in any way. This authority includes, but is not limited to, claims by or against me arising out of property damage or personal injury suffered by or caused by me or under circumstances such that the resulting loss may be imposed on me. My Agent may otherwise engage in litigation involving me, my property or my legal interests, including any property, interest or person for which or whom I have or may have any responsibility. Section 3.13 Power to Loan and Borrow My Agent may make secured or unsecured loans to any person, entity, trust or estate on my behalf, for any term or payable on demand, with or without interest. My Agent may enter into or modify the terms of any mortgage, deed of trust or security agreement made General Dnrable Power of Attorney Page 7 ~ 09'1"-;862 [' .0. () ,'j r 3 '. ' .. : , 1) '. v~·....· in connection with any loan and may release or foreclose on the mortgage, deed of trust, or security. My Agent may borrow money on my behalf at interest rates and on other terms that Agent considers advisable fÌ'om any perso~ institution or other source including, if my then-acting Agent is a corporate fiduciary, its own banking or commercial lending department. My Agent may encumber my property by mortgages, pledges, and other hypothecation and shall have to power to enter into any mortgage or deed of trust even though the term of the mortgage or deed of trust may extend beyond the term for which this power of attorney is effective. My Agent may borrow money for any purpose on any life insurance policy owned by me on my life even though the term of the loan may extend beyond the term for which this power of attorney is effective. My Agent may grant a security interest in the policy to secure the loan. In this regard, my Agent may assign and deliver the policy as security. No insurance company will be under any obligation to determine the necessity of the loan or how my Agent applies the loan proceeds. Section 3.14 Power to Disclaim or Release Property Interests My Agent may renounce and disclaim any property or property interest or power to which I may become entitled by gift, testate or intestate succession. My Agent may release or abandon any property interest or power that I may own or hold now or in the future, including any interest in, or right over, a trust, including the right to alter, amend, revoke or terminate the trust. My Agent may claim an elective share in any estate or under any will. But my Agent may not make any disclaimer that is expressly prohibited by the law or other provisions of this power of attorney. Section 3.15 Power Regarding Insurance My Agent may purchase, maintai~ surrender, collect, or cancel All kinds of life insurance or annuities on my life or the life of anyone in whom I have an insurable interest; Liability insurance protecting me and my estate against third party claims; Hospital insurance, medical insurance, Medicare supplement insurance, custodial care insurance, and disability income insurance for me or my dependents; and Casualty insurance insuring my assets against loss or damage due to fire, theft, or other commonly insured risk. My Agent may pay all insurance premiums, select any options under the policies, increase coverage under any policy, borrow against any policy, pursue all insurance claims on my behalf, and adjust insurance losses. This authority shall apply to both private and public plans, including Medicare, Medicaid, SSI and Workers' Compensation. General Durable Power of Attorney Page 8 ~~¡Imili~~11ifj~:: ~;; ~~f:I;~~~fn 8cø-:J> 091..7 ,~~~ r ;:\ f"I. :", .~ 4 .¡ ,; l. / I ¡ .~ #.-., .... My Agent may select and amend the beneficiary designations under insurance policies insuring my life. My Agent may also select and amend beneficiary designations under any annuity contract in which I have an interest; provided, however, that my Agent may not directly or indirectly designate to himself or herself a greater share or portion of any benefit my Agent would have otherwise received unless the change is consented to by all other beneficiaries under the policy. My Agent may decrease or terminate coverage under any insurance policy insuring my life. My Agent may receive and dispose of the cash value received if the policy is decreased or terminated and dispose of the cash value as my Agent considers appropriate. Section 3.16 Power Regarding Taxes My Agent may represent me in all tax matters and proceedings before any agent or officer of the Internal Revenue Service, state and local authorities and in any court, or all periods including the date this power of attorney is executed until December 1, 2040. My Agent may: Prepare, sign, and file all federal, state, and local tax returns including income, gift, FICA and payroll tax returns on my behalf; Prepare, sign, and file claims for refunds, requests for extensions of time to file returns or pay taxes, extensions and waivers of applicable periods of limitation, protests and petitions to administrative agencies or courts (including, but not limited to, the United States Tax Court); Sign consents and agreements under Section 2032A of the Internal Revenue Code or any successor section and consents to split gifts, closing agreements, and any power of attorney form required by the Internal Revenue Service or any state or local taxing authority with respect to any tax year; Pay taxes due, collect and dispose of refunds as my Agent determines appropriate, post bonds, receive confidential information and contest deficiencies determined . by the Internal Revenue Service or any state or local taxing authority. Exercise any election I have under federal, state or local tax law and allocate any generation-skipping tax exemption to which I am entitled. Engage representation for me in any and all tax proceedings by attorneys-at-law, Certified Public Accountants, enrolled agents, and other licensed tax professionals. Article Four Care and Control of Principal My Agent may, in my Agent's sole and absolute discretion, exercise the following powers with respect to the control and management of my person. General Durable Power of Attorney Page 9 ~ 091.7862; r"Î{'\ ,;' J t ~ '\ \ "':,.,': :J Section 4.01 Power to Provide for My Support My Agent may do anything reasonably necessary to maintain my customary standard of living, including: Maintain my residence by paying all operating costs, including, but not limited to, interest on mortgages or deeds of trust, amortization payments, repairs and taxes, or by purchasing, leasing or making other arrangement for a different residence; Provide normal domestic help; Provide clothing, transportation, medicine, food and incidentals; and Make all necessary arrangements, cOntractual or otherwise, for my care at any hospital, hospice, nursing home, convalescent home or similar establishment, or in my own residence should I desire it, and assure that all of my essential needs are met wherever I may be. Section 4.02 Protect or Dispose of Property If Agent determines that I will never be able to return to my residence from a hospital, hospice, nursing home, convalescent home or similar facility, my Agent may dispose of my residence. In so doing, my Agent may sell, lease, sublease or assign my interest on tenns and conditions that my Agent considers appropriate. My Agent may store and safeguard any items of tangible personal property remaining in my residence and pay all storage costs. Alternatively, my Agent may sell any items that my Agent believes I will never need again on tenns and conditions that my Agent considers appropriate. As an alternative to storing my tangible personal property, my Agent may transfer custody and possession, but not title, of any property item to the person named in my Will or my revocable living trust as the person entitled to receive that property item on my death. Section 4.03 Power to Make Advance Funeral Arrangements My Agent may make advance arrangements for my funeral and burial, including a burial plot, marker and any other related arrangements that my Agent considers appropriate. Article Five Incidental Powers My Agent may perfonn those acts and execute and deliver those legal documents necessary or appropriate to the exercise of the powers set forth in this power of attorney, including, but not limited, to the following incidental powers. General Durable Power of Attorney Page 10 ::¡:~;::::;:~~:m;'::: ~"'·i·l«f'~~::r) :i;~¡¡m~~~~~~rF~:¡ 091..7862 r f.ì ('\ ,'.: 6 ¡ ;' , . fI 1·.<# ~ )' 0, V \.j I,oqt ~, Section 5.01 Power to Commence Court Proceedings My Agent may commence any court proceedings necessary to protect my legal rights and interests under this power of attorney including, but not limited to: Actions for declaratory judgments trom any court of competent jurisdiction interpreting the validity of this power of attorney and any of the acts sanctioned by this power of attorney; provided, however, that my Agent need not seek a declaratory judgment to perform any act sanctioned by this power of attorney; Actions for mandatory injunctions requiring any person or entity to comply with my Agent's directions as authorized by this power of attorney; Actions for actual and punitive damages and the recoverable costs and expenses of such litigation against any person or entity who negligently or willfully fails or refuses to follow my Agent directions as authorized by this power of attorney. Section 5.02 Power to Employ and Discharge Personnel My Agent may employ and remove investment advisors, accountants, auditors, depositories, custodians, brokers, consultants attorneys, expert advisors, agents and employments to advise or assist my Agent as my Agent considers appropriate. Section 5.03 Sign Documents My Agent may sign, execute, endorse, seal, acknowledge, deliver and file or record all appropriate legal documents necessary to exercise the powers granted under this power of attorney. Section 5.04 Power to Submit Costs for Payment If my Agent incurs costs in performing any powers granted under this power of attorney, or in enforcing compliance with the powers given to my Agent under this power of attorney, my Agent may submit those costs to any person who has the authority to pay those costs such as the trustee of my revocable living trust or to my guardian or conservator. My trustee, conservator or guardian shall promptly pay those costs. Section 5.05 Power Regarding My Mail My Agent may open, read, respond to and redirect my mail. My Agent may represent me before the U.S. Postal Service and all other mail or package carriers in any matter relating to mail or delivery services including the receipt of certified mail. Section 5.06 Power Regarding Memberships My Agent may establish, cancel, continue or initiate my membership in organizations and associations of all kinds. General Durable Power of Attorney Page 11 091v 7862 ' r,¡("\.;t·7 ,. " ,.. . \ I i. ~; l}' t..- ~.. Section 5.07 Power Regarding Custody of Documents My Agent may take, give or deny custody of my important documents, including my Will and any codicils, trust agreements, deeds, leases, life insurance policies, contracts or securities. My Agent may disclose or not disclose the whereabouts or contents of those documents as my Agent believes appropriate. Article Six Limitation on Agent Powers No individual serving as Agent may exercise any fiduciary power or discretion if the exercise of that power or discretion would: Cause any income generated by my property to be attributed to my Agent for federal income tax purposes; Cause the value of any property subject to this power of attorney to be included in my Agent's gross estate for federal estate tax purposes; or Cause any distribution made or allowed be made to my Agent to be treated as a gift trom my Agent. If the exercise of a power by an Agent under this power of attorney would cause any of the foregoing results, a different Agent serving under this power of attorney may exercise the power or discretion. If it becomes necessary for my Agent to liquidate or reinvest any of my assets to provide support for me, I direct that my Agent, to the extent that it is reasonably possible, avoid disrupting the dispositive provisions of my estate plan as established by me prior to my incapacity. If it is necessary to disrupt the dispositive provisions of my estate plan, my Agent will use his or her best efforts to restore my plan as soon as possible. My Agent will make reasonable efforts to obtain and review my estate plan. I authorize any person with knowledge of my estate plan or possession of my estate planning documents to disclose information to my Agent and to provide copies of documents to my Agent. Article Seven Administrative Powers and Provisions This Article contains certain administrative powers and provisions that facilitate the use of the power of attorney and that protect my Agent and those who rely upon my Agent. Section 7.01 Release of Information My Agent may release and obtain, as the case may be, any and all information regarding my financial investments and taxes, including any information regarding stocks, bonds, certificates of deposit, bank accounts, tax returns, retirement accounts, pension plans, and General Durable Power of Attorney Page 12 m~~~~~iliU , ~1~]¡i~~1~r~r 091.7862 ,f' :ì f'\ . ':: 8 ',) u (., ! any other documents or information regarding my financial affairs and taxes rrom my attorneys-at-law, financial advisors, insurance professionals, accountants, stockbrokers, stock transfer agents, and any other persons having such information. I release these persons or entities rrom any liability for releasing the above-referenced information to my Agent in reliance on this Section. If my Agent is an attorney-at-law or other accounting or financial professional, the professional regulations of my Agent's profession and federal law may prohibit my Agent rrom releasing information about my financial affairs to others if I am a client of my Agent. This instrument, therefore, is a limited waiver of any privilege (such as the attorney-client privilege) that I have established with any Agent as a client. The privilege is waived for the limited purpose of permitting my Agent to perform his or her duties under this power of attorney. Section 7.02 Nomination of Guardian of my Person and my Estate If at any time proceedings are initiated for the appointment of Guardian of my person and my estate, I nominate the following persons in the order listed: Rusa Maria Mendes i\ntonoiRuiMendes If any person I have nominated is appointed Guardian of my person and my estate, I request that the court grant powers permitting my Guardian of my person and my estate to administer my estate independently of supervision and without adjudication, order or direction of any court. Section 7.03 Agent Authorized to Employ My Attorney My Agent may employ the attorney who prepared this power of attorney or any other attorney employed by me in connection with my estate plan or business matters and I specifically: Waive any and all conflicts of interest that might arise through such employment; Authorize the attorney to make full disclosure of my estate plan and business to the Agent; and Authorize the attorney to accept the engagement. Section 7.04 Fiduciary Eligibility of Agent My Agent shall be eligible to serve in any other fiduciary capacity for me or for my benefit, including trustee, guardian, conservator, committee, executor, administrator, or personal representative. General Durable Power of Attorney Page 13 0917862' (' () ('\ ;', .~.. 9 \ :' - " ; , ~" , \..J \..' h. ',' . Section 7.05 Reimbursement for Expenses and Compensation My Agent may pay himself or herself: from my assets, fair and reasonable compensation authorized by law for services performed under this power of attorney and, in addition, my Agent may reimburse himself or herself for all reasonable expenses incurred for carrying out any provision of this power of attorney. Section 7.06 Liability of Agent I release and discharge any Agent acting in good faith rrom any and all civil liability and rrom all claims or demands of all kinds whatsoever by me, my estate, and my heirs, successors and assigns arising out of the acts or omissions of my Agent, except for willful misconduct or gross negligence. This protection extends to the estate, heirs, successors and assigns of my Agent. Section 7.07 Amendment and Revocation I may amend or revoke this power of attorney at any time. Amendments to this document must be made in writing by me personally (not by my Agent) and must be attached to the original of this document and recorded in the same county or counties as the original if the original is recorded. Section 7.08 Resignation My Agent may resign by the execution of a written resignation delivered to me or, if I am mentally disabled, by delivery to any person with whom I am residing or who has my care and custody. Section 7.09 Signature of Agent Agent shall use the following form when signing documents on my behalf pursuant to this power Raul Lopes Mendes by Antonio Rui Mendes, his Agent. Section 7.10 Interpretation This power of attorney is a general power of attorney and should be interpreted as granting my Agent all general powers permitted under the laws of state of Wyoming. The description of specific powers is not intended to, nor does it, limit or restrict any of the general powers granted to my Agent. Section 7.11 Use of "Agent" Nomenclature The word "Agent" and any modifying or equivalent word or substituted pronoun includes the singular and the plural and the masculine, feminine and neuter genders. General Durable Power of Attorney Page 14 ~iliMiliM~~¡~ ·jm*~~~~*~~~;i· 091~78G2 ("(\0,~'f. 0 '. '" ~;' . ..,. \"" ('-"7 ...... Section 7.12 Third Party Reliance ' No person who relies in good faith on the authority of my Agent under this power of attorney will incur any liability to me, my estate, or my heirs, successors and assigns. Any party dealing with my Agent may conclusively rely upon an affidavit or certificate of my Agent that: The authority granted to my Agent under this power of attorney is in effect; My Agent's actions are within the scope of my Agent's authority under this power of attorney; I was competent when I executed this power of attorney; I have not revoked this power of attorney; and My Agent is currently serving as my Agent. Section 7.13 Effect of Duplicate Originals or Copies If this power of attorney has been executed in multiple counterparts, each counterpart original will have equal force and effect. My Agent may make photocopies of this power of attorney as ffequently and each photocopy will have the same force and effect as the original. Section 7.14 Governing Law This power of attorney's validity and interpretation will be governed by the laws of state of Wyoming. To the extent pennitted by law, this power of attorney is applicable to all my property, whether real, personal, intangible or mixed, wherever located, and whether or not the property is owned by me now or in the future. Section 7.15 Severability If any provision of this power of attorney is declared invalid for any reason, the remaining provisions will remain in full force and effect. Article Eight Declarations of the Principal I understand that this power of attorney is an important legal document. Before executing this power of attorney, my attorney explained to me the following: The power of attorney provides my Agent with broad powers to dispose of, sell, convey and encumber my real and personal property. The powers will exist for an indefinite period of time unless I revoke the power of attorney or I have limited their duration by specific provisions in the power of attorney. General Durable Power of Attorney Page 15 ~ 091..7862 r:Î t"'\;..'¡: 1 ' .".;'. 1 '~ V L {.. This Durable Power of Attorney will continue to exist notwithstanding my subsequent disability or incapacity. I have the power to revo erminate this Durable Power of Attorney at any time. COUNTY OF TETON The foregoing DURABLE POWER OF ATTORNEY was acknowledged before me on <5--Q. ~ /S~ìJ.~~ .--, the I b day of J ~ , 20df, by Raul Lopes Mendes, Principal. SHARI A, BYERLY - NOTARY PUBUC County of State of Teton Wyoming My CommissIon Expires Nov. 17, 2004 General Durable Power of Attorney Page 16 1:;I:i::::::::!::::'¡;~ ':~f~~~~:~~¡~