HomeMy WebLinkAbout923673
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POWER OF ATTORNEY
TillS POWER OF ATTORNEY is given by me, Benjamin L.
Hale, presently of321 Fairview N. CR 142 , Fairview, in the State
of Wyoming, on the ~ day of September, 2006. :
1. Previous Power of Attornev
I REVOKE any previous power of attorney granted by me.
2. Attornev-in-fact
I APPOINT Jamie N. Hale, of321 Fairview N. CR 142, Fairview, Wyoming, to act as
my Attorney-in-fact.
3. Governinf! Laws
This instrument will be governed by the laws of the State of Wyoming. Further, my
Attorney-in-fact is directed to act in accordance with the laws of the State of Wyoming at
any time he or she may be acting on my behalf.
4. Delef!ation of Authoritv
My Attorney-in-fact may not delegate any authority granted under this document.
5. Liabilitv of Attornev-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.
6. Powers of Attornev-in-fact
My Attorney-in-fact will have the following power(s):
Initials
a. X ~ 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 nòt 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 payor 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.
b. xtJ~ 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 payor
contest taxes or assessments, mortgage or pledge.
c. X*- Banking Transactions RECEIVED 10/24/2006 at 2:03 PM
RECEIVING # 923673
BOOK: 638 PAGE: 2
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY -
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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.
v. Have access to any safe deposit box that I might own, including its contents.
vi. Create and deliver any financial statements necessary to or from any bank or
financial institution.
d. X~ Business Operating Transactions
To take any action my Attorney-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.
e. X~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.
f. X$- Estate Transactions
To do any act that I can do through an attorney-in-fact with regard to all matters that
affect any trust, probate estate, conservatorship, or other fund which I may receive
payment as a beneficiary. This power includes the power to disclaim any interest which
might otherwise be transferred or distributed to me from any other person, estate, trust, or
other entity, as may be appropriate. However, my Attorney-in-fact cannot disclaim assets
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to which I would be entitled, if the result is that the disclaimed assets pass directly or
indirectly to my Attorney-in-fact or my Attorney-in-fact's estate.
g. x-$- Living Trust Transactions
To transfer any of my assets to the trustee of any revocable trust created by me, if s\1Ch
trust is in existence at the time of such transfer. This property can include real property,
stocks, bonds, accounts, insurance policies or other property.
h. x. 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 claim against me in which ever forum or
manner my Attorney-in-fact deems prudent, and to receive or pay any resulting
settlement.
i. X1- 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 Attorn%~n-fact sees fit any proceeds of any claim.
j. X~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 01ÍtW-e is already a designated beneficiary as of the signing of this document.
k. X -tßL 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 ho~iQg, clothing, food, travel and other living costs.
1. X -!J1L- 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.
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ii. obtain information or documents from 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.
X_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 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.
n. X ~ Charity Transactions
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m.
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
o. X 4- Maintain Property and Make Investments
To retain any assets owned by me at the date this Ordinary 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,
regardles:.t~whether or not they are authorized by any applicable legislation.
p. X Employ Required Professionals
To appoint and employ any agents, servants, companions, or other persons, including
nurses and other health care professionals 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
compens~~;~and for such leogth oftime as my Attomey-io-fact coosiders advisable.
q. X 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.
7. Attornev-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.
8. Co-ownine: of Assets and Mixine: of Funds
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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.
9. Personal Gain from Manal!ÎD!! Mv Affairs
My Attorney-in-fact is not allowed to personally gain from any transaction he or sh~ may
complete on my behalf.
10. Effective Date
This power of attorney will start immediately upon signing. Under no circumstances will
the powers granted in this power of attorney continue after my mental incapacity or
death.
11. Attornev-in-fact Restrictions
This Power of Attorney is not subject to any conditions or restrictions other than those
noted above.
12. 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.
13. Severabilitv
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.
14. Acknowledgment
I, Benjamin L. Hale, being the Principal named in this Power of Attorney hereby
acknowledge:
a. I have read and understand the nature and effect of this Power of Attorney.
b. I am of legal age in the State of Wyoming to grant a Power of Attorney.
c. I am voluntarily giving this Power of Attorney.
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IN WITNESS WHEREOF I hereunto set my hand and seal at the
City of Afton, in the State of Wyoming, this ~ -tk day of
September, 2006.
SIGNED, SEALED, AND DELIVERED in the presence of:
WITNESS ~\f~ 1<o"",,~t'\.~
Address: \>0 '6c>f.t'~~'\.1 831 ~Jp
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WITNES S f'v'. "- ~ J "- P-... -L -C- \.\. c.....l\- ~
Address: "3""?> ~ Dr-~ c.. ~'- -t. ~ P-. ~ .
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Benjamin L. Hale b ~
NOTARY ACKNOWLEDGEMENT
State of Wyoming )
) ss.
County of /../hrol"'- )
The foregoing instrument was acknowledged before me by
Benjamin L. Hale.
ne s maY h d and official seal
ROXIE JENKINS NOTARY PUBLIC
COUNTY OF . STATE OF
UNCOLN WYOMING
MY COMMISSION EXPIRES APRIL 4. 2010
My commission expires:
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