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Home My WebLink About929659 Recording Requested By: 000:15:t When Recorded Mail To: Walter C. Bomemeier, J.D. 1010 North 500 East Ste 100 North Salt Lake UT 84054-1949 RECEIVED 5/24/2007 at 9:39 AM RECEIVING # 929659 BOOK: 659 PAGE: 151 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY . ..... ....... .. '.' ...' '. .. .'. . AFFIDAVIT':Q;F1DENTIJY . By SuccessorTrustee', :,.". ,','.' ,'. ,,"":. State Of Utah ) ) .ss ) County Of Davis Roxie D. Bird, being first duly sworn, deposes and says: That I am over the age of21 years of age and am a resident of Davis County, State of Utah. Ronald Dabel executed the Ronald Dabel Revocable Trust naming Dale Barnes as Trustee of that trust. The same Ronald Dabel executed a Quit Claim Deed to Dale Barnes as Trustee of the Ronald Dabel Revocable Trust dated November 20,2002 as Grantee, and recorded as Entry NQ 886692, recorded on January 6, 2003 in Book 508 starting at Page 769, of official records of Lincoln, Wyoming, covering the real property described on Exhibit "A", attached hereto and made a part hereof, located in said county and state. On December 26,2006 the Second District Court, Weber County, Utah, having jurisdiction over the above-mentioned trust, and by stipulation, entered its Order, changing the Trustee and ordering that Roxie D. Bird is now the Trustee of the Ronald Dabel Trust, effective October 23,2006. A certified copy of that Order is attached hereto and made a part hereof. Ronald Dabel, Grantor therein, is now deceased, a certified copy of his death certificate is attached hereto and made a part hereof. Utah law gives the Trustee the authority to deal completely with real estate ofthe trust, including, but not limited to: the power to sell, borrow against, encumber, and grant options for (UCA §§ 75-7-813, 814). This affidavit is intended to terminate the interest of Dí'lle Barnes as Trustee of the property described herein and Roxie D. Bird further declares that she is the only Trustee of the Dale Barnes trust, aforesaid. Dated: May ~, 2007 4!µhP .~ Roxie D. Bird Subscribed and sworn to before me, the day and ye '- , -' Notary Public Walter C. Bornemeier, J.D. 801/292-6400 3.495 Parcel No.1: 0929659 -vI00152 Lot No.1 of the Lake Road·Subdivision, according to the official plat thereof inSe~tion 5, To~hip 30 North, Range 118 West, contairùng 2.61 acres morè or less. Parcel No.2: The Northeast Quarter- of the Southwest Quarter of Section 5, Towrtship 30 North, Range 118'West, the Sixth Principal in Lincoln County, . Wyoming, together with all water righ~s and improvements there unto . be~onging, and one-half (lh) of all oil rights. Parcel No.3: The Northwest Quarter of the S01,ltheast Quarter of Section 5, Townslúp 30 North,·Rang~ 118 West, the Sixth p~incipal Meridian in UncoIn County, Wyoming, together with all water rights and improvements, there unto belonging, and on~-half (l/2) of all oil rights... less the home and lot conveyed. to my f~)Ur daughter~ by Quit Claim Deed dated the 9th day of August... 1999... ançl recorded ïfi th'e office of the CoUnty Clerk for Lincoln Cou:hty, Book 434, at Page 145. Parcel No.4: The Southeast Quarter of the Southeast Quarter of Section 5, Township 30 North, Range 118 West, the Sixth Principal Meridian in Lincoln County,' Wyoming"less 11.48 acres conveyed to Gary Dabel. Parcel No.5: The East one-half (112) of the Northeast Quarter of Section 8! Township 30 North, Range 118 West, the Sixth PrinCipal Meridian in Lincoln çoµnty, Wyoming, together with all water rights and improvements there unto belonging, and one-half (1/2) of all oil rights. Parcel No.6: The Northwest Quarter óf the Southwest Quarter 10 Acres and the . a .... \ , Northwest Quarter of.the Southeast Quarter(7.6! Acres of Section 5 - " Township 30 North, Range 118 West; the SiXthPrincipal Meridian in Lincolri County, Wyoming, together with all water rights anq improvements..there unto belonging, and one-half (lh) of all oil rights. EXHIBIT "A" .. ,. :1./.5.1.'2U? '9:: 30,: 33 IAfjlY!l~ Walter C. Bornemeier (#18) Walter C Bornemeier, PC A Professional Corporation in Association with: Jensen Adair & Bomemeier, LLP 1010 North 500 East, Ste 100 North Salt Lake UT 84054 Ph: 801-292-6400 Fax: 801-292-6414 email: WallyB@JJBLegal.com e 0929655 000153 '..:ECOiJD GISr:':IC1 C )II~'; 2007 JAN -3 PH 4: 34 ~I;illlll 11111110111111111 VD19392661 053900106 DABEL,GARY R Attorney for Petitioner \.. - . ..... - ..'- .' IN THE SECOND JUDICIAL DISTRICT COURT, WEBER COUNTY STATE OF UTAH In the Matter of the Guardianship and Conservatorship of ORDER JAM 3 Z007 RONALD DABEL an Incapacitated Person Case No, 053900106 GU and In Re: the Ronald Dabel Revocable Trust Honorable John R Morris District Judge This matter came on regularly for hearing at 1 :30 pm on October 23,2006 before the Honorable John R. Morris, District Judge. Walter C Bornemeier, attorney at law, appeared on behalf of the Petitioners, and Dale Barnes appeared in pro. per. Mr. Bornemeier stated that there was an issue as to whether the real property in Lincoln County Wyoming (which is identified on the Inventory previously filed by the Conservators herein) is actually in the Conservatorship Estate or in the living trust of the Incapacitated person and is not part of this hearing; Petitioners having reserved the right to bring this issue before the Court at a later time without prejudice to their position. In open Court, the parties stipulated to a settlement of the pending issues, which is filed concurrently with this Order, and the parties requested the Court to make an order consistent with this stipulation. Accordingly, the Court makes and enters its: Order Page 1 3.495 i/~r ..__. ' '9:: °38: 33 .A 1.1i0fi " e O~29653 e 000154 FINDINGS OF FACT AND CONCLUSIONS OF LAW 1. Utah Code § 75-7-107(4) provides that "a trust shall be considered to be administered in this state if: (a) the trust states that this state is the place of administration ...." The Ronald Dabel Trust provides that "[t]his trust ... will be administered in the State of Wyoming and Utah...." thus allowing this Court to accept jurisdiction of the Ronald Dabel Trust identified in the Petition in this matter. 2. Utah Code § 75-7-202 provides that "The trustee submits personally to the jurisdiction of the courts of this state regarding any matter involving the trust if the trustee acts as trustee of a trust administered in this state." . 3. Dale Barnes, trustee of the Ronald Dabel Trust has submitted himself, and thus the trust, to the jurisdiction of this Court. 4. Utah Code § 75-7-201 (1 )(a) provides that this "court has exclusive jurisdiction of the proceedings initiated by interested parties concerning the internal affairs of trusts". 5: The Code further provides that "These include, but are not limited to: (I) appoint or remove a trustee." (UCA § 75-7-201 (1)(c)). 6. On the second page of the Ronald Dabel Trust, in paragraph 4 thereof, it makes provision for a successor trustee in the printed form language. 7. The settlor thereof wrote the word "below" in the space provided for the name of a successor trustee. 8. The language located below this appoints only one person, Dale Barnes as trustee. 9. The settlor also wrote that he appointed uGary C. Nield1 and J. R. Dabel as advisors. I will also ask Kelly Johnson." I The handwriting on the trust document is not very clear and the Court hopes that the above spelling is correct. Order Page 2 3.495 ~ e {}~29659 .1."'5/.2997 9,:·39': 33 .6'U.-9QJ e 000155 10. The foregoing language is ambiguous and not conclusive as to the real intent of the settlor regarding a successor trustee. 11. In any event, Utah Code § 75~7-411(2) provides that ".... A non charitable, irrevocable trust may be modified upon consent of all of the beneficiaries if the court concludes that modification is not inconsistent with a material purpose of the trust." 12. In the Petition, all of the beneficiaries of the trust have requested that, and consented to, Roxie D. Bird be appointed successor trustee ofthe Ronald Dabel Trust after Dale Barnes. 13. The Court concludes that the name of the trustee is not a material purpose of the subject trust and further, this Court concludes that it has the authority over the Ronald Dabel Trust and that it has the authority to appoint a new trustee upon the resignation of the existing trustee, Dale Barnes. ORDER Based upon the parties' written Stipulation and the foregoing Finding of Facts and Conclusions of Law, it Is Hereby Ordered that: 1. Petitioners are allowed to withdraw their request to the Court that Dale Barnes be removed as a Co-Conservator of the Estate of Ronald Dabel, without prejudice. 2. Dale Barnes be allowed to resign as trustee of the Ronald Dabel Trust, effective October 23,2006. (Rest of Page Intentionally Left Blank) Order Page 3 3.495 -- - --- e .(J~296,5S i/":'-7 ..._. "9 :.3.0: 33 àJ.91ii2 ~ e 000156 3. Roxie D. Bird is hereby appointed as trustee of the Ronald Dabel Trust, effective October 23, 2006. DATED this ~f/(" day of ~,,~ 2006. BY THE COURT: ~ \Ms--- . IctJUd~e - =::::. ) . J_CIRII¥, __." _...... ~O~CI~_, --'.fU..~~ -/17"..."" , __.l5... .. .0 !I,. \, CLIIIII".~, ~~ ~~~. rJ¡ BY ~- 0\\t IIIIUIY .,. ...-1...--L Order Page 4 3.495 ,.- .._~-