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DURABLE POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, that I, Bertie Elizabeth McCoy, the
principal, designate LOIS PEARL TRUMBL Y, my attorney in fact and agent (subsequently
called agent) for me and in my name and for my benefit, giving unto my agent all the powers set
forth herein.
1. General Grant of Power. My agent may exercise or perfonn any act, power, duty,
right, or obligation whatsoever that I now have or may hereafter acquire, relating to any person,
matter, transaction or property, real or personal, tangible, or intangihle, now owned or hereafter
acquired by me, including, but not limited to, the specitìcally enumerated powers contained
herein. 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 do if personally present, with full power of
substitution or revocation, hereby ratifying and confinning all that my agent shall lawfully do or
cause to be done by virtue ofthis power of attorney and the powers herein granted.
. 2. Powers of Collection. My agent may forgive, demand, sue for, recover, collect,
receive and hold all sums of money, debts, commercial paper, checks, drafts, accounts, deposits,
legacies, bequests, devises, notes, stock certificates, bonds, dividends, certificates of deposit,
annuities, pension, profit sharing, retirement, social security, insurance and other contractual
benefits and proceeds, and all property and property rights, real or personal, intangible and
tangible, now or hereafter owned by me or due and payable to me or in which I have an interest;
my agent my take all lawful means and equitable and legal remedies and proceedings in my
name for the collection and recovery thereof, and adjust, sell, compromise and agree for the
same, and execute and deliver for me, on my behalf, and in my name, all endorsements, releases,
receipts or other sufficient discharges for the same, subject to the limitations hereinabove listed.
3. Banking Powers. My agent may 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, take out loans and execute or release such deeds of trust
or other security agreen'.;:~:~t~ ::;:: rf::lY be nC':(;"~:'Ji Of pllìpCf ili tlie~xen;i3e oÎ the rights aad
powers herein granted.
4. Safe Deposit Boxes. My agent may have access at any time or times to any safe
deposit box rented by me, wheresoever located, remove all or any part ofthe contents thereof,
and 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.
5. Power to Acquire and Sell. My agent may acquire, purchase, exchange, grant
options to sell, and sell and convey real or personal property, tangible or intangible, or interests
therein, addition, my agent may sel~, assign and transfer stocks, bonds, and any other securities
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RECEIVED 1/12/2007 at 2:20 PM
RECEIVING # 926064
BOOK: 646 PAGE: 242
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
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standing in my name and or belonging to me; to my at such prices as shall seem good to my
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agent; to sign, execute, acknowledge and deliver in my name all transfers and assignments of
securities; to borrow money and to pledge securities for such loans if in the judgment of my
agent such action should be necessaty; to consent in my name to reorganizations and mergers
and to the exchange of securities fo~ new securities, on such tenns and conditions as my agent
shall deem proper.
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6. Motor Vehicles. My: agent may apply for a Certificate of Title upon, and endorse
and transfer title thereto, for any autþmobile, truck, pickup, van, motorcycle or other motor
vehicle, and 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.
7. Management Powers. My agent may maintain, repair, improve, invest, manage,
insure, rent, lease, encumber, transfer, and in any manner deal with any real or personal property,
tangible or intangible, or any interest therein, in my name and for my benefit, upon such tenns
and conditions as my agent shall deem proper.
8. Tax Powers. My agent may prepare, sign and file income tax returns or
declarations of estimated tax for any year or years; prepare, sign and file gift tax returns with
respect to gifts made by me for any year or years; consent to any gift and to utilize any gift-
splitting provision or other tax election; prepare, sign and file any claims for refund of any tax;
and represent me in all income tax matters before any office of the Internal Revenue Service or
the Qklahoma Tax Commission, within the limitations of the applicable Revenue Rulings and
Procedures.
9. Power with Respect to Insurance. To purchase, maintain, surrender, collect or
cancel (a) life insurance or annuities of any kind on my life or the life of anyone in whom I have
an insurable interest, (b) liability insurance protecting me and my estate against third party
claims, ( c) hospital insurance, medical insurance, Medicare supplement insurance, custodial care
insurance, and disability incmne insura..."1ce :for me or any of may dependants, and (ù) casualty
insurance insuring assets of mine against loss or damage due to fire theft, or other commonly
insured risk; to pay all insurance premiums, to select any options under such policies, to increase
coverage under any such policy, to borrow against any such policy, to pursue all insurance
claims on my behalf, to adjust insurance losses; and the foregoing powers shall apply to private
and public plans, including but not limited to Medicare, Medicaid, SSI and Worker's
Compensation.
10. Authorization to Release Infonnation to Agent. All persons from whom my agent
may request infonnation regarding me, my personal or financial affairs or any infonnation which
I am entitled to receive are hereby authorized to provide such infonnation to my agent without
limitation and are released from any legal liability whatsoever to me, my estate, my heirs and
assigns for complying with my agent's requests.
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11. Waiver of Privilege. I hereby waive voluntarily any physician-patient privilege or
psychiatrist-patient privilege that may exist in my favor and I authorize physicians and
psychiatrists to examine me and disclose my physical and mental condition in order to determine
my incapacity or capacity, for purposes of this instrument.
12. Medical Care. My agent may provide medical attention and services for me
including but not limited to choice of physician and choice of a hospital or nursing home. My
agent shall have the unrestricted power to determine upon the advice of a physician whether I am
in need of surgery and/or medication, and at the sole discretion of my agent to authorize or
withhold such surgery or medication; and also to provide such other care, comfort, maintenance
and suppOli as my agent may determine, including the power to exercise any written consents or
approvals which may at any time be required with respect to any such medical decisions.
13. Request that No Guardian or Conservator be Appointed. By executing this
instrument upon the advice of legal counsel, I have carefully and deliberately created means and
manner by which I desire that my property be cared for, managed and protected. Accordingly, it
is my intention and my desire that I herewith express in the strongest possible terms, that no
guardian or conservator be appointed for me so long as there is an agent named in this instrument
who is able to act and serve under this instrument. I request that any court of competent
jurisdiction appointment of a guardian or conservator for me give the greatest possible weight to
my intention and desire as expressed herein. However, if after giving consideration to my intent
as herein expressed, a court of competent jurisdiction shall determine that it is in my best interest
that a guardian or conservator be appointed for my property, then I request that my agent be
appointed to such position.
14. Power to Do Miscellaneous Acts. To open, read, respond to or redirect my mail;
to represent me before the U.S. Postal Service in all matters relating to mail service; to establish,
cancel, continue or initiate my membership in organizations and associations of all kinds, to take
and give or deny custody of all of my important documents, including but not limited to my Will,
codicils, trust agreements, deeds, leases, life insurance policies, contracts and securities and to
disclose or refuse to dÜ:c1ose weh documcnts; to obtail1 and release or deny information or
record of all kinds relating to me, any interest of mine or to nay person for whom I am
responsible.
15. Resort to Courts. To seed on my behalf and at my expense a declaratory
judgment :trom any court of competent jurisdiction interpreting the validity ofthis instrument and
any of the acts authorized by this instrument, but such declaratory judgment shall not be
necessary in order for my agent to perform any act authorized by this instrument; to seek a
mandatory injunction requiring compliance with my agent's instruction by any person,
organization, corporation or other entity obligated to comply with instructions given by me who
negligently or willfully fails or refuses to follow such instruction; or to seek any combination of
these remedies.
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16. Agency Has Power to Act Alone. The powers conferred on my agent by this
instrument may be exercised by my agent alone and my agent's signature or act under the
authority granted in this instrument may be accepted my persons fully authorized by me and with
the same force and effect as if! were personally present, competent, and acting on my own
behalf.
17. Third-Party Reliance. Third parties may rely upon the representations of my
agent, and no person who may act in reliance upon representations of my agent or the authority
granted to my agent shall incur any liability to me or my estate as a result of permitting my agent
to exercise any power.
18. Reliance on Affidavits by Agent. No person who relies upon any affidavit that
this instrument specifically authorizes my agent to execute and deliver to such person shall incur
any liability to me, my estate, my heirs or assigns for permitting any agent to exercise any such
authority, nor shall any person who deals with my agent be responsible to insure the proper
application of funds or property.
19. Third Party Liability for Revocation and Amendments. If this instrument is
revoked or amended for any reason, I , my estate, my heirs, successors and assigns will hold any
person, organization, corporation or entity(hereinafter referred to in the aggregate as "person")
harmless from any loss suffered, or liability incurred my such person in acting in accordance
with the instruction of my agent acting under this instrument prior to the receipt of such person
of such person of actual notice of such revocation or amendment.
20. Waiver of Acts of Omission and Commission. My agent and my agent's heir,
successors and assigns, acting in good faith, are hereby released and forever discharged from any
and all liability (civil, criminal, administrative or disciplinary) and from all claims or demands
of all kinds whatsoever by me or my heirs and assigns arising out of the acts or omissions of my
agent, except for willful misconduct or gross negligence.
21. Interpretation. This instrument is tú be cúnst11led éind intt;rprdt;d as a Dw'abie
Power of Attorney and is executed under the provisions ofthe Uniform Durable Power of
Attorney Act. The enumeration of specific powers herein is not intended to, nor does it, limit or
restrict the general powers herein granted to my agent.
22. Disability of Principal. This Durable Power of Attorney shall not be affected by
my subsequent disability or incapacity or by lapse of time, but shall terminate of my death.
23. Disability of Agent. This Durable Power of Attorney shall be null and void upon
the disability, incapacity or death of all named agents.
24. Agent's Resignation and Selection to Substitute. Ifmy agent desires to resign as
my agent, and there is no successor agent named in this instrument who is willing and able to
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serve as my agent, then upon such resignation, my agent is authorized and empowered to appoint
a substitute agent to act and serve as my agent, such appointment to be my agent, such
appointment to be made in a written instrument that shall be (i) signed by my agent, (ii) delivered
to and accepted by my substitute agent, and (iii) attached to this instrument.
25. Revocation. Removal. Amendment and Resignation. This instrument may be
amended or revoked by me, and my agent and any alternate agent may be removed by me at any
time by the execution by me of a written instrument of revocation amendment, or removal
delivered to my agent and to all alternate agents. Ifthis instrument has been recorded in the
public records, then the instrument of revocation, amendment or removal shall be filed or
recorded in the same public records. My agent and my altemate agent may resign by tIle
execution of a written resignation delivered to me, or , if! am mentally incapacitated, by delivery
to my agent.
26. Severability. If any part of any provision of this instrument shall be held invalid
or unenforceable under applicable law, such part shall be ineffective to the extent of such
invalidity only, without in any way affecting the remaining parts of such provision or the
remaining provisions of this instrument.
27. Governing Law and Applicabilitv to Foreign Jurisdictions. This instrument shall
be governed by the laws of the State of Oklahoma in all respects, including its validity,
construction, interpretation and tennination and to the extent pennitted my law shall be
applicable to all property of mine, real, personal, intangible or mixed, wherever and in whatever
state of the United States or foreign country the situs of such property is at any time located and
whether such property is now owned by me or hereafter acquired by me or for me by my agent.
28. Photocopies. My agent is authorized to make photocopies ofthis instrument as
frequently and in such quantity as my agent shall deem appropriate. Each photocopy shall have
the same force and effect as any original.
Dated the 0< Î~ Jay of FJ"-U,-t"la.c... ./, 2003
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Bertie Elizabeth McCoy
City: Oklahoma City
County: Oklahoma
State: Oklahoma
The principal is personally known to me and I believe the principal to be of sound mind.
I am eighteen (18) years of age or older. I am not related to the principal by blood or marriage,
or related to the attorney-in-fact by blood or marriage. The principal has declared to me that this
instrument is her power of attorney granting to the named attorney-in-fact the power and
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authority specified herein, and that she has willingly made and executed it as her free and
voluntary act for the purposes herein expressed.
A.~@~
Witn~
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Witnt:ss
STATE OF OKLAHOMA )
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COUNTY OF OKLAHOMA )
Before me, the undersigned authority, on this.;l7'1i Day of F€J;¡{'''-(\.~ ,2003,
personally appeared BERTIE ELIZABETH MCCOY, (principal), R ~ <L\c. ~\¿ c:. ,
witness, ancfS"I.J.-\'.Q...\- OlJ-'Q "'.$. witness, whose names are subscribed to the foregoing
instrument in their respective capacities, all of said persons being duly sworn, the principal
declared to me and to said witnesses in my presence that the instrument is her power of attorney,
and that the principal has willingly and voluntarily made and executed it as the free act and deed
of the principal for the purposes therein expressed, and the witnesses declared to me that they
were eacheigbtëen (18) years of age or over, and that neither ofthem is related to the principal
by bloo~.?~marriage, or related to the attorney-in-fact by blood or marriage.
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,<:~':~,::~,~1\i~I!:;'~Jl(\~ my hand and seal of office ~~,)ear last above written,
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My Conìmission number: .
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SPECIMEN SIGNATURE OF AGENT:
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Lois Pearl Trumbly
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