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HomeMy WebLinkAbout930510 , l O^ ...." _ \t;;,..~¡· ,( ~ " RECEIVED 6/19/2007 at 4:30 PM RECEIVING # 930510 BOOK: 662 PAGE: 727 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY PREAMBLE: This is a MILITARY POWER OF ATTORNEY prepared pursuant to Title 10 United States Code, Section 1044b, and executed by a person authorized to receive legal assistance from the military services. Federal law exempts this power of attorney from any requirement of form, substance, formality, or recording that is prescribed for powers of attorney by the laws of a state, the District of Columbia, or a territory, commonwealth or possession of the United States. Federal law specifies that this power of attorney shall be given the same legal effect as a power of attorney prepared and executed in accordance with the laws of the jurisdiction where it is presented. DURABLE POWER OF ATTORNEY KNOW EVERYONE BY THESE PRESENTS, which are intended to I (; constitute a Durable Power of Attorney, THAT I, CAL R. NIELD, having an address at 134 C- SLANE, ETNA, WY 83118, hereby make, constitute and appoint my wife STACY A. NIELD, having an address at 134 C-S LANE, ETNA, WY 83118, as my attorney-in-fact TO ACT in my name, place and stead in any way which I could do, if I were personally present, to the extent that I am permitted by law to act through an agent with ~~~\\. to)) ~ollowing described property~s ~\\ Q.'Io ~~~C{ eA;.\\~\T·A" U~'/~ ~ The Northeast Quarter of the Southwest Quarter (NE 1,4 SW 1,4); the Northwest Quarter of the Southeast Quarter (NW 1,4 SE1,4); the Northwest Quarter of the Southwest Quarter (NW 1,4 SW 1,4); the South Half (S 1/2) of the Southwest Quarter of the Northwest Quarter (SW 1,4 NW 1,4) and the South Half (S1/2) of the Southeast Quarter of the Northwest Quarter (SE 1,4 NW 1,4) all in Section One (1), Township 33 North, Range 119 West of the Sixth Principal Meridian, Wyoming. Together with all of that certain Right-of-Way Easement pursuant to that certain Right-of-Way Agreement dated October 7, 1980 and recorded February 4, 1981, in Book 172 PR at page 604 in the Office of the Lincoln County Clerk and Ex-Officio Register of Deeds. TOGETHER WITH all improvements, appurtenance, hereditaments and all other things there thereunto belonging or in anywise appertaining; To do all of the matters described below: I authorize my attorney-in-fact to sell, grant options upon, convey with or without covenants, exchange, lease, assign, transfer, encumber or otherwise dispose of any real property which I own, together with all improvements thereon and rights relating thereto, in such manner, at such times, for such prices, and upon such terms and conditions as my attorney-in-fact may deem necessary or appropriate; to possess, recover, manage, hold, control, develop, subdivide, partition, or otherwise deal with the property; to make repairs, replacements and improvements, C~À ~ 09.30~:1.0 0.0. 0. ...., "1' ~.n.. ~ ~t. ~;' d ~ ;I~J/ structural or otherwise; to borrow money at such interest rates and upon such (erms ànd conditions as my attorney-in-fact may deem necessary or appropriate, and to provide security therefore by mortgage or pledge of any property; to satisfy, discharge, release or extend the term of any mortgage or deed of trust; to apply for zoning, rezoning or other governmental permits; to pay, compromise or contest real estate taxes, assessments, water charges and sewer rents; to abstain from the payment of real estate taxes, assessments, water charges and sewer rents, repairs, maintenance and upkeep of the property; to abandon property if deemed to be worthless or not of sufficient value to warrant keeping or protecting; to permit property to be lost by tax sale or other proceeding or to convey property for a nominal consideration or without consideration; to negotiate, execute, acknowledge and deliver all contracts, sales agreements, brokerage agreements, amendments, deeds, leases, mortgages, notes, security agreements, checks, drafts, guarantees, bills of sale, assignments, extensions, satisfactions, releases, waivers, consents, affidavits, transfer tax returns, closing documents, and any other agreements, writings and instruments of any nature affecting the property, as my attorney-in-fact may deem necessary or appropriate; to deposit and withdraw any sums to or from any bank, savings or similar account maintained by me in connection with the property or the sale thereof; to deal with all matters relating to insurance regarding the property, including the procurement and maintenance thereof; to prosecute, defend, intervene in, arbitrate, appeal, compromise, settle and otherwise deal with any claim, action or proceeding in connection with the property or the sale thereof; to employ such agents, attorneys, accountants, investment counsel, trustees, caretakers and other persons and entities providing services or advice, irrespective of whether my attorney-in-fact may be associated therewith, and to rely upon information or advice furnished thereby or to ignore the same, and to delegate duties hereunder and pay such compensation, as my attorney-in-fact may deem necessary or appropriate; to do, execute, perform and finish for me and in my name all things which my attorney-in-fact shall deem necessary or appropriate in connection with the sale of the property. This power of attorney is a durable power of attorney, and it shall not be affected by my becoming disabled, incompetent or incapacitated. It is my intent that the authority conferred herein shall be exercisable notwithstanding my physical disability or mental incompetence. This power of attorney, however, shall terminate on .June 1.2008. To induce any third party to act hereunder, I hereby agree that any third party receiving a duly executed copy or facsimile of this power of attorney may act hereunder, and that revocation or termination hereof shall be :ineffective as to such third party unless and until actual notice or knowledge of such revocation I or termination shall have been received by such third party. I, for myself and my heirs, execqtors, legal representatives and assigns, hereby agree to indemnify and hold harmless any such third party from and against any and all claims that may arise against such third party by reason Of such third party having relied upon the provisions of this power of attorney. This power of attorney shall be governed by Wyoming law, although I request that it be honored in any state or other location in which I or my property may be found. If any ~N ~~ ~. 09,~i051.0 provisions hereof shall be unenforceable or invalid, such unenforceability or invalidity shall not affect the remaining provisions of this power of attorney. ol)n!<'~?q .IU... ,,~....... IN WITNESS WHEREOF, I have executed this power of attorney this 31st day of May, 2006. t:J!/- ~/- CAL R. NIELD Soc. Sec. No.: S'¡;o -8fr5'o 1 ì WITNESS: ~~\~~ print: ~o-Nlo..h\. ~~^h...s residing at s¿ss "",d\OL-1S~Y\.L ~D Qad1.... 5p('~~s LJi ~zP\O\ residing at -$Zs<sß'~£~~ ~~íJ.s tJ'p,p90/ STATE OF WYOMING, COUNTY OF SWEETWATER, ss. The foregoing instrument was acknowledged before me on the) ( day of May, 2006, by CAL R. NIELD. STATE OF WYOMING ~~~~~ Notary Public My commission expires on a Vì ~ C1 t \ - JJt?c -u ~ 0930S1.0 ORDER NUMISER: NTL-1341 EXIllBIT "A" r~ ,n,¡f'), I'''~ ,., r. q:n,} \; Ji If ù...J LOT SIXTEEN (16) Of SHOO'fI\"olG STAR SUBDIVISION, LICOLN COUNTY. WYoMING AS DESCRIBED ON THIJ: OFFICAL. PLAT NUMBER 364 FILED JULY 18, 1995 AS INSTRUMENT NUMBER 805315 OF tHE RECORDS OF THE LINCOLN COUNTY CLERK.