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HomeMy WebLinkAbout931884 , oo:ooo~··\ Revocation of Durable Power of Attorney I, Betty Louise Gratiski, of the City of Kemme1;er, Co~nty of Lincoln, State of Wyoming, do hereby revoke Renee Bniegger ås my attorney-in-fact, as well as Max Braegger as my attorney-in-fact, who wère appointed as such by document executed Septemberl5, 2006. Witness my hand this ¡qft1 day of J l.Á-.~ , 2007. '1'- jJ // 0----'''''' ß~ Betty Louise Gratiski ddJ~e# STATE OF WYOMING) . ) ss. County of Lincoln ) RECEIVED 8/6/2007 at 12:21 PM RECEIVING # 931884 BOOK: 668 PAGE: 5 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY The foregoing Revocation of Durable Power of Attorney was acknowledged before me, a Notary Public in and for said county and state, by Betty Louise Gratiski this Iq~ day of · J l.A...LGf , 2007. I Witness my hand and official seal. KRISTINE RICHARDSON - "IOTARY PUBLIC COUNTY OF _ STATE OF LINCOLN _ WYOMING MY COMMISSION EXPIRES JULY 17. 2008 d«£i~ /d~th~ NO~bliC / -¡ cJiJû g' , My Commission Expires: ~ .: I " , 'I' 000006:' DURABLE POWER OF ATTORNEY (WYo. STAT. § 3:-5-101, at saq.) I, Betty Louise Gratiski, of the City of Kemmerer, County of Lincoln, State of Wyoming, appoint Renee Braegger of Kemmerer, Wyoming, as my attorney-in-fact (hereafter "agent"). In the event that my agent, named above, shall be or become unable to serve due to death, disability, or any other reason whatso~ver, then and in that event, I direct that Max Braegger shall serve as my attorney-in-fact (agent), in my name and for my benefit with all powers set forth herein. For purposes of this paragraph, a person shall be considered to be "unable to serve" if the person cannot be located, is adjudicated incompetent, or the person is unable to give prompt and intelligent consideration to my affairs, as certified by a licensed physician. My agent shall have the following powers, to be exercised in my name and for my benefit: 1. G.eneral Grant of Power. To exercise or perform 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 intangible, now owned or hereafter acquired by me, including;\without limitation, the following specifically enumerated. powers. I grant to my agent full power and authority to do everything necessary in exercising any of the powers granted 'here as fully as I might or could do if personally present, with full power of substitution or revocation, ratifying and confirming all that my agent shall lawfully do or cause to be done by virtue of this power of attorney and the, Page 1 of 11 ©@~W 000007 r powers granted here; 2. Collection Powers. To forgIve, request, demand, sue for, recover, collect, receive, hold all such sums of money debts, dues, commercial paper, checks, drafts, accounts, deposits, legacies, bequests, devises, notes, interests, stock certificates, bonds, dividends, certificates of deposit, annuities, pension, profit sharing, retirement, social security, insurance and other contractual benefits and proceeds, all documents of title, all property, real or personal, intangible or tangible property and property rights, and demands whatsoever, liquidated or unliquidated, now òr hereafter owned by, or due, owing, payable or belonging to, me or in which I have or may hereafter acquire an interest; to have, use, and take all lawful means and equitable and legal remedies and proceedings in my name for the collection and recovery of them, and to adjust, sell, compromise, and agree for the same, and to execute and deliver for me, on my behalf, and in my name, all endorsements, releases, receipts, or other sufficient discharges for the same; 3. Real Property Powers. To bargain, contract, agree for, option, purchase, acquire, receive, improve, maintain, repair, insure, plat, partition, safeguard, lease, demise, grant, bargain,· sell, assign, transfer, remise, release, exchange, convey, mortgage and hypothecate real estate and any interest in it (and including any interest which I hold with any other person as joint tenants with full rights of survivorship, or as tenants by the " entireties), lands, tenements and tì'e~~ditaments, for such price, upon such terms and conditions, as my agent shall determine; 4. Personal Property Powers. To bargain, contract, agree for, purchase, option, acquire, receive, improve, maintain, repair, insure, safeguard, lease, assign, sell, Page 2 of 11 ©(Q)[?Jv 000008 I , exchange, redeem, transfer, mortgage, hypothecate and in any and every way and manner deal in and with goods, wares, mèrchandise, furniture and furnishings, automobiles, bills, notes, debertures, bonds, stocks, limited partnership interests, certificates of deposit, commercial paper, money market instrLiments, and other securities, choses in action and other tangible or intangible personal property in possession or in action, for such price, upon such terms and conditions, as my agent shall determine; 5. Contract Powers. To make, do, and transact every kind of business of whatever nature, and also for me and in my name, ana as my act and deed, to sign, seal, execute, deliver and acknowledge such stock certificates, stock powers, assignments separate from certificate, deeds, conveyances, leases and assignments of leases, covenants, indentures, options, letters of intent, contracts, agreements, closing agreements, certificates, mortgages, hypothecations, bills of lading, bills, bonds, debentures, notes, receipts, evidence of debts, releases and satisfaction of mortgage, judgments and other debts, waivers of statutes of limitation, and such other documents and instruments in writing of whatever kind and nature as may be necessary or proper in the premises, as fully as I might dö if done in my own capacity; 6. Banking Powers. To make, draw, sign in my name, deliver and accept checks, drafts, receipts for moneys, notes, or other orders for the payment of money against, or \ otherwise make withdrawals from anKcommercial, checking or savings account which I may have in my sole name or in joint name with my spouse or other person(s), in any bank or financial institution, for any purpose which my agent may think necessary, advisable or proper; and to endorse and negotiate in my name and deliver checks, drafts, notes, bills, Page 3 of 11 ,©(Q)~\l "000009 certificates of deposit, commercial pap~r, money market instruments, bills of exchange or other instruments for the payment of money and to deposit same, as cash or for collection, and cash into any commercial, checking or savings account which I may have in my sole name or in joint name with my spoLise or other person(s), in any bank or financial iDstitution; and to carry on all my ordinary banking business; 7. Tax Matters. To perform any and all acts I would be authorized to perform if competent with respect to (1) federal or state income tax matters, including filing and amending Form 1040 or equivalent, filing refund claims and representing me in audits, conferences, and litigation with respect to the years commencing seven (7) years prior to the date of execution of this document, and extending through the date of my death; (2) federal or state gift tax matters, including filing and amending Form 709 or equivalent, filing refund claims and representing me in audits, conferences, and litigation with respect to the years commencing seven (7) years prior to the date of execution of this document, and extending through the date of my death; (3) federal or state generation-skipping tax matters, including filing and amending forms relating to the tax, filing refund claims, and representing me in audits, conferences, and litigation; and (4) execute and file reports, returns, declaration, forms and statements for any and all other tax purposes including income, gift, real estate, personal property, intangibles tax, single business tax, or any \. other kind of tax whatsoever, to pay's~ch taxes and any interest or penalty or additions to make and file objections, protests, claims for abatement, refund or credit in relation to any such tax proposed, levied or paid; to signify, as may be required by Section 2513 of the United States Internal Revenue Code of 1954, as amended, or any corresponding section Page 4 of 11 ©(Q)U=~7 OO()O1:0 of any future United States law, my consent to having one-half of any gift(s) made by my spouse considered as made bY me; to represent me and to institute and prosecute proceedings in court or before any administrative authority to contest any such tax in whole or in part or for recovery of any amount paid in respect of any such tax, to defend or settle any amount paid in respect of any such tax, to' give full and final receipt for any refund or credit and to endorse and collect any check or other voucher; to pay any and all such taxes and any interest, penalty or other additional amounts, to employ attorneys, accountants or other representatives and grant powers of attorney or letters of appointment for any of the purposes stated above; 8. Safe Deposit Box. To have access to any safe deposit box of which I am a tenant or cotenant with full power to withdraw or change from time to time the contents of it; and to exchange or surrender the box and keys to it, renew any rental contract for it, and to do all things which any depository, association or bank or its agents may require, releasing the lessor from all liability in connection with it; 9. Employ Agents. To employ and compensate agents, accountants, attorneys, real estate brokers and other professional assistance and to retain and compensate such persons for services rendered; to waive any attorney-client privilege; 10. Motor Vehicles. To apply for a Certificate of Title upon, and endorse and transfer \ . title, for any automobile, or other'Q1otor vehicle, and to represent in such transfer assignment that the title to the motor vehicle is free and clear of all liens and encumbrances except those specifically set forth in such transfer assignment; 11. Settlement Powers. To adjust, settle, compromise or submit to arbitration any Page 5 of 11 ©(Q)~V. 000011 accounts, debts, claims, demands, disputes or matters which are now subsisting or may hereafter arise between me or my agent and any other person or persons (but not including any dispute .or controversy arising between me and my agent), or in which any property, right, title, interest or estate belonging to or claimed by me may be concerned; 12. Legal Actions. To commence, prosecute, enforce or abandon, or to defend, answer, oppose, confess, compromise or settle all claims, suits, actions, or other judicial or administrative proceedings in which I am or may hereafter be interested, or in which any property, right, title, interest or estate belon'ging to, coming to or claimed by me may be concerned; 13. Dividends. To receive all dividends which are or shall be payable on any and all shares of stock in any corporation which may stand in my name on the books of such corporation or to which I may be, in equity or otherwise, beneficially entitled; or to elect to reinvest such dividend, all as my agent may deem appropriate; 14. Vote Stock. To vote at all stockholder meetings of corporations and otherwise to act as my proxy or representative in respect of any shares now held or which may hereafter be acquired by me and for that purpose to sign and execute any proxies or other instruments in my name and on my behalf; 15. Transfer Stock. To sell, assign, transfer, and deliver any or all shares of stock \ standing in my namè on the books' of any corporation, or to which I may be, in equity or otherwise, beneficially entitled, and for that purpose to make and execute all necessary acts of assignment and transfer; 16. Insurance and Employee Benefit Plans. To redeem, surrender, borrow, extend, I Page 6 of 11 ' ©(Q)fFJV · 00001.2 cancel, amend, pledge, alter or change, including change of beneficiary of any insurance policies in which I may have an interest, as my agent may deem proper and expedient, and for such purpose to sign and execute any documents, affidavits or forms required in my name and on my behalf, except however, my agent shall have no power and authority over life insurance policies I may own on my agent's life; and to exercise all powers and options involving retirement programs, compensation plans, pension, profit sharing and other employee benefit plans; 17. Social Security and Government Benefits. To make application to any governmental agency for any benefit or government obligation to which I may be entitled; to endorse any checks or drafts made payable to me from any government agency for my benefit, including any Social Security checks; 18. Business Interests. To continue to conduct or participate in any business in which I may be engaged or to carry out, modify or amend any agreement to which I may be a party, and to sell, exchange, modify or terminate such interest to or with such person or persons as my agent may deem proper and on such terms and with such security as my agent may deem appropriate; execute partnership agreements, and amendments; incorporate, reorganize, merge, consolidate, recapitalize, sell, liquidate or dissolve any business; elect or employ officers, directors and agents; carry out the provisions of any \ agreement for the sale of any busines,s interest or the stock in it; 19. Borrow. To borrow from time to time such sums of money and upon such terms as my agent may think expedient for or in relation to any purpose or object which my agent may deem proper or expedient, unsecured or upon the security of any of my property, Page 7 of 11 ©(Q)~W 00001.3 whether real, personal, or otherwise, and for such purpose to give, execut~ in my name, deliver, and acknowledge promissory notes and/or renewals of, mortgages, pledges and guaranties with such powers and provisions as my agent may think proper or requisite; 20. Debts and Expenses. To pay, cOmpromise, and settle any and all bills, loans, notes or other forms of indebtedness owed by me at the present time, or which may þe owed by me or incurred by my agent for my benefit at any time in the future, and to incur and pay from any of my assets or property all reasonable expenses in connection with the control, management, and supervision of my property and the maintenance, support, care, and comfort of myself and those dependent upon me, including reasonable compensation for the services of my agent, and including the fees and charges of SUGh agents, attorneys, accountants or others as my agent may, in the exercise of discretion, employ in the management of any of my affairs; 21. Investments. To invest and reinvest in loans, stocks, bonds, including United States Bonds purchased at a discount but redeemable at face value, securities, real estate, life insurance, annuities or endowment policies or combinations of them, or in any other investment which my agent may deem proper; to reduce the interest rate at any time and from time to time on any mortgage or land contract; to deal with and give instructions to any brokerage firm with respect to the purchase, sale or other disposition of securities and other \ assets, add assets to or withdraw a$~ets from any account in my name. and sign any representation, certification or agreement, including agreements regarding margin, option trading, or commodities accounts, that my agent deems advisable; 22. Anatomical Gifts. To donate my blood, a kidney, or other organ or body part during Page 8 of 11 ©@~V 000014 my lifetime to a relative of mine, and upon my death, to any needful donee. 23. Disposition of Remains. To make a disposition of any part or all of my body for medical purposes, authorize an autopsy of my body, and direct the disposition of my remains. 24. Restrictions on Agent's Powers. a. My agent cannot execute a will or codicil on my behalf. b. My agent cannot execute any trust on my behalf, however, my agent may make transfers of property to an existing trust in which I have a significant beneficial interest, and can enter into a custodial agreement with a bank with trust powers. c. My agent cannot divert my assets to himself or herself, his or her creditors or his or her estate, except as otherwise stated in paragraph 20, above. d. My agent shall not exercise, and shall not be vested with any incidents of ownership as to insurance pOlicies insuring my agent's life, owned by me. e. My agent is a fiduciary, possessing no general or limited power of appointment. f. My agent shall not exercise any powers which I received from my agent in a fiäuciary capacity, and my agent shall have no authority to exercise any powers, the exercise of which would cause assets of mine to be considered as taxable in my agent's estate for the purposes of the federal estate tax or any state inheritance or estate tax; 25. Interpretation and Governing Law. This instrument is to be construed and interpreted as a general durable power of attorney. The enumeration of specific powers here is not intended to, nor does it, limit or restrict the general powers granted here to my Page 9 of 11 (Ç@[P\( agent. Paragraph headings are for convenience only and are not to be deemed to be part of this instrument. This instrument is executed and delivered in the state of Wyoming, and the laws of that state shall govern all questions as to the validity of th'is power and the 000015 construction of its provisions; 26. Third-Party Reliance. Third parties may rely upon the representation of my agent as to all matters relating to any power granted to my agent, and no person who may act in reliance upon the 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, and for the purpose of inducing third parties to rely on this power of attorney, I warrant that, if this power of attorney is revoked by me or otherwise terminated, I will indemnify and save such third party harmless from any loss suffered or liability incurred by such third party in good faith reliance on the authority of my agent prior to such third party's actual knowledge of revocation or termination of this power of attorney whether such termination is by operation of law or otherwise. This warranty shall bind my heirs, devises and personal representatives; 27. Disability of Principal. This power of attorney shall not be affected by my disability. The authority of my agent shall be exercisable notwithstanding my later disability or incapacity or later uncertainty as to whether I am alive. Any act done by my agent during \ any period of my disability or incompetency or during any period of un\:ertainty as to whether I am alive shall have the same effect as though I were alive, competent and not disabled, and shall inure to the benefit of and bind me, my heirs, devisees and personal representatives; Page 1 0 of 11 ©(Q)[pJW . . 00001.6 28. Photocopies. Photographic or other facsimile reproductions of this executed power may be made and delivered by my agent, and may be relied upon by any person to the same extent as though the copy were an original. Anyone who acts in reliance upon any representation or certificate of my agent, or upon a reproduction of this power, shall not be liable for permitting my agent to perform any act pursuant to this power. 29. Guardian & Conservator. In the event that a Court of competent jurisdiction shall determine that a guardian and/or conservator should be appointed for me, I direct that my agent be so appointed. IN WITNESS WHEREOF, J have signed and delivered this general durable power of attorney this i':,)' tho day of ~..,... '·"'\'l'~'·J',-".': ',¡'..',. : ,2006. STATE OF WYOMING ) ) ss. County of Lincoln ) The foregoing durable power of attorney was acknowledged before me by Betty Louise Gratiski this J"~!~ day cSf:', ,'J,:. '.'~, I:)" )'" ,2006. ! -""-~ ;. -,.,' ':"(..¡;"':l· . ,'j-,:,.~.J , 'c )!¡(, Witness my hand and official seal. KRISTINE RICHARDSON· "'OTARY PUBLIC COUNTY OF 1&\ STATE OF LINCOLN .. WYOMING MY COMMISSION EXPIRES JUlY 17.2008 I,~.., . - '. ......'...- \, \ ".."" .~,;.<-:x' "/.',,. ·'~I -.,..,"....'..,' .',', ~('" ?: .' . , ", , "l ...t,· ~.' , " .,.." ...' " '-r'" .. = Notary Public ..........:.. My Commission Expires: ...)"10'"" '~.1 ...... '-'-"1 , -: ,.., ".,.'., ....................- -:.'" 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