Loading...
HomeMy WebLinkAbout926952 000378 AFFIDAVIT OF TRUST Consisting of Two (2) Pages I, DEBRA ANN HAINER, who's maiden name was DEBRA ANN SORENSEN, the current Trustee of the EDWIN R. SORENSEN TRUST, Dated March 15, 2003, hereby certify as follows: (1) The Edwin R. Sorensen Trust, is presently in existence. It was executed on March IS" 2003. (2) The Trustor aIkIa Settlor of the Trust is Edwin R. Sorensen, who died on January 5, 2007, in Cokeville, Wyoming and the current acting Trustee of the Trust is Debra Ann Hainer. Any of the named persons shall have power to act alone as Trustee and exercise all the rights, powers, and privileges of this Trust consistent with the tenns of said Trust Agreement. (3) Under the tenns of the Trust Agreement, the Trustee is given powers granted a Trustee under the Unifonn Trust Code of the State of Wyoming, set forth in W.S.A. 2005 Ann. Section 4-10-101 through Section 4-10-1103 (4) The mailing addresses of the currently acting Trustee is: Debra Ann Hainer P.O. Box 94 Cokeville, WY 83114 (5) The Trust is revocable by the Trustor/Settlor. (6) The Trust can be modified, amended, or revoked by only the Trustor/Settlor. (7) The Trustee Debra Ann Hainer designated in Item (2) above is the acting Trustee, and has authority to exercise trust powers without the consent of anyone else. (8) The Trust taxpayer identification number is: 518-28-3566. (9) Trust property is to be titled as follows: EDWIN R. SORENSEN TRUST, dated March 15,2003. (10) The Trust has not been revoked, modified, or amended in any manner that would cause the representations contained in this Affidavit to be incorrect. (11) This Affidavit of Trust is provided in accordance with Wyoming State Statute §4-10-1014. Affidavit of Trust Edwin R Sorensen Trust Consisting of Two (5) Pages 1 RECEIVED 2/22/2007 at 11 :51 AM RECEIVING # 926952 BOOK: 649 PAGE: 378 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 0926952 000379 (12) The Trustee of the Edwin R. Sorensen Trust, has the power to do as stated in Paragraph 12 of the above described Trust, to-wit:: POWERS OF THE TRUSTEE '12.1. To carry out the purposes of this Trust, the Trustee is vested with the following powers in addition to any now or hereafter conferred by law affecting the Trust and the trust estate and specifically all or any property whatsoever in the trust estate. '12.2. To continue to hold any property or business received in this Trust, so long as it may deem advisable, the profits and losses therefrom to inure or be chargeable to the trust estate as a whole and not to the Trustee. '12.3. To manage, control, sell, convey, exchange, partition, divide, subdivide, improve, repair, any trust property, both real and personal; to grant options and to sell on deferred payments; to lease for terms within or extending beyond the duration of this Trust for any purpose, including exploration for and removal of gas, oil, and other minerals; to enter into standard oil and gas leases; to sell or conveyor lease a royalty interest; to create restrictions, easements, and other servitude's; to compromise, arbitrate, or otherwise adjust claims in favor of or against the Trust; to institute, compromise, and defend actions and proceedings; to carry such insurance as the Trustee may deem advisable on any or all trust property. '12.4. To invest and re-invest the principal and income if accumulated, and to purchase or acquire therewith every kind of property, real, personal, or mixed, and every kind of investment, specifically including, but not by way of limitation, corporate obligations of every kind, and stocks, preferred or common, all in a manner conforming with then existing law. '12.5. To advance funds to this Trust for any trust purpose, such advances with interests at current rates to be a first lien on and to be repaid out of principal or income; to reimburse itself from principal or income for any loss or expense incurred by reason of its ownership or holding of any property in this Trust; and without interest, such advances to Affidavit of Trust Edwin R Sorensen Trust Consisting of Two (5) Pages 2 0926952 000380 be a first lien on and to be repaid out of principal or income; to reimburse itself from principal or income for any loss or expense incurred by reason of its ownership or holding of any property in this Trust. ~12.6. To borrow money for any trust purpose upon such terms and conditions as the Trustee may deem proper, and to obligate the trust estate for repayment; to encumber the trust estate or any of its property by mortgage, deed of trust, pledge, or otherwise, using such procedure to consummate the transactions as the Trustee may deem advisable; and to repay said loans out of principal or income. ~12.7. To have respecting securities, all the rights, powers, and privileges of an owner, including the power to pay assessments and other sums deemed by the Trustee necessary for the protection of the trust estate; to participate in voting trusts, pooling agreements, foreclosures, reorganizations, consolidations, mergers, and liquidations, and in connection therewith to deposit securities with and transfer title to any protective or other committee under such terms as the Trustee may deem advisable; to exercise or sell stock subscription or conversion rights; to accept and retain as an investment any securities or other property received through the exercise of any of the foregoing powers, regardless of any limitations elsewhere in this Instrument relative to investments by the Trustee. '12.8. To hold the trust estate, or any part or parts thereof, in its own name or in the name of a nominee, with or without disclosure of any fiduciary capacity, the Trustee to be responsible for all acts and omissions of any such nominee affecting such property. ~12.9. To budget the estimated annual income and expenses of the Trust in such manner as to equalize, as far as practical, periodical income payments to beneficiaries. ~12.10. To determine what is principal or income of the trust estate and apportion and allocate in its discretion receipts and expenses as between these accounts, including but without limiting the general application of the foregoing, the power to charge in whole or in part against principal, or to amortize out of or charge forthwith to income, as Affidovit of Trust Edwin R. Sorensen Trust Consisting of Two (5) Pages 3 0926952 0003B1 and to the extent from time to time detennined by the Trustee, premiums paid on purchase of bonds or other obligations for the payment of money. ~12.11. Unless specifically limited, all discretion's conferred on the Trustee shall be absolute, and their exercise conclusive on all persons interested in this Trust. The enumeration of certain powers of the Trustee shall not limit its general powers, the Trustee, subject always to the discharge of its fiduciary obligations, being vested with and having all the rights, powers, and privileges that an absolute owner of the same property would have. ~12.12. In administering the Trust under this Indenture, Trustee shall have and is hereby granted all those powers enumerated in the Wyoming Unifonn Trustees' Power Act, as such Act may hereafter from time to time be amended, together with all statutory or common law powers accorded to trustees, except to the extent that contrary directions are expressly set forth in this Indenture. For purposes of administration of the Trust in any jurisdiction in which said Act is not applicable statutory law, said Act as it exists at the time of the execution of this Indenture, and Trustee shall have, in any jurisdiction, all those powers enumerated in said Act, subject to any contrary directions expressly set forth herein. I hereby certify the above to be true as of this date. DATED this 1.2~ay of February, 2007. @~u~s~ STATE OF WYOMING ) ) ss. ) COUNTY OF LINCOLN Affidavit of Trust Edwin R Sorensen Trust Consisting of Two (5) Pages 4 0926952 000382 The foregoing Affidavit of Trust was acknowledged before me this .» day of February, 2007, by Debra Ann Hainer. WITNESS my hand and official seal. ~~-""-__"""-"'4''''~_~'''~._!'''"''''''''''''':> Ii' LlNúSEYlíHf,\l1 - "":1 "R\:o;"q: I~ '~ \ ~ II\. r,.\ I 1.,;'..1.,;" i. , ~~~~i ~~?:0 l COUNT! Of t...".' '.t S'l'He Oc )' 'I:: '-,.~. .,. '.j I" /I.... ." LlNCOU'l \:~';,.f',.!·.;;\4 \"\'0' ''''C ~. ~-iJ'·'.~·-~".':~ °Y -Illig· )~.' :J.":'l.~\''''' l~ , My Com;\sior. EYi;;;;~;;:>: 1.3-'1(; ;\ . ~.,.p.. .:;$....tI\,û',·,.;~·p:·,1f'J:'-"j......;,.~·"lì..· (';'-~)í"",:,:'" ........_~....~_......' ,- My Commission Expires: /J \:s' 10 Affidavit of Trust Edwin R. Sorensen Trust Consisting of Two (5) Pages 5