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(10) The Trust has not been revoked, modified, or amended in any manner that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