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John A. Sulenta
865 West Pine Street
Pínedale, WY 82941
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RUSSELL SHIRTS * WASHINGTON CO RECORDER
2002 DEC 10 12:'5 PH FEE $22.00 BY LP
FOR: SOUTHERN UTAH TITlE CO
6010716014
GENERAL DURABLE POWER OF AITORNEY
0001.98
I, GRACE E. SULENTA, of Sublette County, of State of Wyoming, hereby appoint
JOHN A. SULENTA, as my attorney-in-fact ("Agent"). I grant to such Agents aU of the
powers described in this Power Of Attorney, to be exercised in my name and for my benefit.
Section 1 - General Grant of Power. I grant unto my Agent full power and authority
to exercise or perfonn any act, power, duty, right or obligation that I now have or may
acquire relating to any person, matter, transaction or property, real or personal, tangible or
intangible, now owned or acquired by me, including without limitation, the powers
I specitically enumerated in this Power Of Attorney. I grant unto my Agent full power and
Ii au;:hority to do everything necessary to exercise any ofth.; powers granted by me as fully as
I might or could do if personally present, with full power of substitution or revocation. I
ratity all acts my Agent períònns pursuant to the powers establisned by this Power Of
Attorney.
Section 2 - Specific Powers. I grant unto my Agent the powers enwnerated below:
(a) Collection Powers. To forgive, request, demand, sue for, recover"
collect, receive, hold all sums of money, debts, dues, commercial paper, checks, drafts,
accounts, stock certificates, ~onds, dividends, certificates of deposit, annuities, pension,
profit sharing, retirement, social security, insurance and other contractual· benefits and
proceeds, all docwnents of title, all property, whether real or personal, intangible or tangible
and property lights and demands whether liquidated or unliquidated, now or subsequently
owned by or due, owing, payable or belonging to me or which I have or may acquire an
interest in; to have, use, and take all equitable and legal remedies and proceedings in my
name to collect and recover for, and to adjust, sell, compromise, and agree for settlement of;
and to execute and deliver on my behalf and in my name, all endorsements, releases, receipts
I or other sufficient discharges.
(b) Powers Relatin~ to Real ProDerty. To bargain, contract or agree for,
option, purchase, acquire, receive, improve, maintain, repair, insure, plat, partition,
safeguard, lease, demise, grant, sell, assign, transfer, remise, release, exchange, convey,
mortgage and hypothe.cate any interest in real estate (including any interest which I hold with
any other person as joint tenants with full rights of survivorship), lands, tenements and
hereditaments, for the price, and. upon such te~ and conditions, as my Agent detennines
RECEIVED 11/19/2007 at 4:16 PM
RECEIVING # 935014
~.... BOOK: 679 PAGE: 198
~ JEANNE WAGNER
g LINCOLN COUNTY CLERK, KEMMERER. WY
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; '1r' 'FæíGOING T~ BE A FUL\~~~:R~lÅ'nO SET MY}WJD AND
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(c) Powers Relating to Personal Property. To bargain, contract or agree
for, purchase, option, acquire, receive, improve, maintain, repair, insure, safeguard, lease,
assign, sell, exchange, redeem, transfer, mortgage, hypothecate and in any manner deal in and
with goods, wares, merchandise, furniture and furnishings, automobiles, bills, notes,
debentures, bonds, stock, limited partnership intere~ts, certificates of deposit, commercial
paper, money market instruments, and other securities, chosen in action and other'tangible
or intangible personal property in my possession for the price, and upon such tenns and
conditions, as my Agent detennines to be reasonable.
(d) Contract Powers. To make and transact every kind of business for me
and in my name and as my Agent, to sign, seal, execute, deJiver and acknowledge any stock
certificates, stock powers, stock options, assignments separate trom 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, evidences of debts, releases and
satisfaction of mortgages, judgments and other debts, waivers of statutes of limitation, and
all other written documents and instruments as may be necessary or proper.
(e) Banking Powers. To negotiate make, draw, sign in my name, deliver
and accept checks, drafts, receipts for money, notes, or other orders for the payment of
money against, and to make withdrawals from any commercial, checking, savings or any
other bank account which I may have in my sole name or in joint name with any other person
or persons in any bank or fmancial 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, certificates of deposit, commercial paper, money market instruments, bills
of exchange or other instruments for the payment of money and for deposit as a check, or for
collection, any cash into any commercial, checking, savings or any other bank account which
I may have in my sole name or in joint name with any other person or persons in any bank
or financial institution, and to carry on all other ordinary banking business for my behalf.
(f) Powers Relatin~ to Tax Returns. For all taxes due, reportable or
payable and all returns filed or to be filed on, to prepare, execute and file reports, returns,
declarations and statements for all ta.x purposes including federal income, gift and estate tax.
i any state income, intangibles, inheritance, estate and single business tax, and real estate tax.
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I personal property tax, or any other tax whatsoever; to pay such taxes and any interest or
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penalty thereon or additions thereto; to make and file objections, protests, claims for
abatement, refund or credit for any tax proposed, levied or paid; to represent me and to
institute and prosecute proceedings in court or before any administrative authority to contest
any tax in whole or in part in order to recover any amount paid in respect of any tax; to
defend or settle any amount paid in respect to any tax; to give full final receipt for any refund
or credit and to endorse and collect any check or other voucher for me; to pay any and all
taxes and any interest, penalty or other additional amounts; to employ attorneys and
accountants; to grant letters of appointment for any of the purposes enumerated under this
Power of Attorney; and, for purposes of my Agent's dealings wiili ilie Internal Revenue
Service, to identify a specific tax year or specific tax years among those listed above.
(g) Powers Relating to a Safe DeDosit Box. To have access to any safe
deposit box of mine or in which I am a cotenant with full power to wiilidraw or change ftom
time to time the contents thereof; to exchange or surrender the box and keys, renew any rental
contract therefor; and to do all things which any depository, association or bank or its agents
may require, and I release the lessor ftom all liability in cOJUlection therewiili.
(h) Powers Relating to Emplovment of Allents. To employ and compensate
agents, accountants, attorneys, real estate brokers and oilier professionals; to retain and
compensate those persons for services rendered; and to waive any attorney-client privilege.
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I G) Settlement Powers. To adjust, settle, compromise or submit to
I arbitration any accounts, debts, claims, demands, disputes or matters which now exist or
which may arise between me or my Agent and any other person or persons, or in which any
I! property, righ4 title, in'erest or estate be!ongins to or claims by me may be concerned.
I ~ (k) Powers RelatinlZ to Lellal Actions. To commence, prosecute, enforce
I, or abandon, or to defend, answer, oppose, confess, compromise or settle all claims, suits,
actions, or other judicial or administrative proceedings that I am or may become interested
i I in, or in which any property, righ~ title, interest or estate belonging to or claimed by me may
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(i)
Powers RelatinlZ to Motor Vehicles. To apply for a Certificate of Title
on, and endorse and transfer title to any automobile, or other motor vehicle, and to represent
in the transfer or assignment that the title to the motor vehicle is tree and clear of all liens and
encumbrances except those specifically identified in the transfer or assignment.
Powers RelatinlZ to Shares of Stock.
(i) Receipt of Dividends. To receive all dividends which are, or
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become, payable on all shares of stock that I own in any corporation or that I may be in
equity or otherwise beneficially entitled, or to elect to reinvest such dividends as my Agent
deems appropriate.
(ii) Vote Stock. To vote at all corporation shareholder meetings and
to act as my proxy or representative for any shares I now hold or acquire and for that purpose
to sign and execute any proxies or other instruments in my name and on may behalf.
(iii) Transfer Stock. To sell, assign, transfer, and deliver all shares
of stock I own in any corporation, or that I may be in equity or otherwise beneficially entitled
and for that purpose to execute all necessary docwnents of assignment and transfer.
(m) Powers Relating to Insurance and Employee Benefit Plans. To redeem,
surrender, borrow, extend, cancel, amend, pledge, alter or change including change of
beneficiary of any insurance policies in wlúch I may have an interest, as my Agent may deem
appropriate; to sign any docwnents, affidavits or forms required in my name and for my
behalf, provided, however, that my Agent shall have no power or authority over any life
insurance policies I may own on my Agent's life; and to exercise all powers and options
I involving retirement programs, compensation plans, and pension, profit sharing and any other
I employee benefit plan.
i 0 (n) Powers Relating to Social Security and Other Govenunent Benefits. To
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apply to any governmenta.1 agency for any benefit or government obligation to which I may
be entitled, and to endorse any checks or drafts payable to me from any government agency,
including any Social Security checks.
(0) Powers Relatin~ to 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 wlúch I may be a party, and to sell, exchange, modifY or tenninate that interest
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III to or with such person or persons as my Agent deems appropriate and for those terms and
with security as my Agent deems appropriate; to execute partnership agreements and
I amendments; to incorporate, reorganize, merge, consolidate, recapitalize, sell, liquidate or
dissolve any business; to elect or employ officers, directors and agents; and to carry out the
provisions of any agreement for the sale of any business interest or stock I own.
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: ! (P) Powers Relating to Borrowing of Money . To borrow such swns of
I money on such terms as my Agent deems appropriate for any purpose whether W1Secured or
j upon the security of any of my property, whether real or personal, and to give, execute in my
, name, deliver, and acknowledge promissory notes and/or renewals thereof, mortgages,
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pledges and guaranties with such powers and provisions as my Agent deems proper.
(q) Powers Relating to Debts and EXDenses. To pay, compromise, WId
settle any and all bills, loans, notes or oÚler forms of indebtedness owed by me at Úle present
time, or which may be owed by me or incWTed by my Agent for my benefit at any tùne in Úle
future, and to incur and pay trom any of my assets or property all reasonable expenses in
cOlU1ection 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 such agents, attorneys, accountants or oÚlers as my Agent may, in the exercise of my
Agent's discretion, employ in the management of any of my affairs.
(r) Powers Relating to 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
thereof, or in any other investment which my Agent deems proper¡ to change the interest rate
I at any time and trom time to time on any mortgage or lWId contract; to deal with and give
, . instructions to any brokerage finn with respect to the purchase, sale or other disposition of
I securities and other assets; to add assets to or withdraw assets trom any account in my name¡
, and to sign any representation, certification, or other agreement, including agreements
./ regarding margin, option trading, or conunodities accounts, that my Agent deems advisable.
: Section 3 - Restrictions on Agent's Powers. Notwithstanding the foregoing general
grant of power and authority, my Agent shall be restricted as follows:
(a) My Agent shall not execute a will or codicil on my behalf.
(b) My Agent shall not execute any trust on my behalf; however, my Agent
may enter into a custodial agreement for assets wiÚl a bank having trustee powers.
(c) My Agent shall not exercise and shall not be vested with any incidents
¡ I of ownership for WIY insurWIce policies owned by me Úlat insure my Agent's life.
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'I (d) My Agent is a fiduciaxy WId possesses no general or limited powers of
I appointment for me.
i (e) My Agent shall not exercise any powers which I received from my
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: i Agent in a fiduciaxy capacity, and my Agent shall have no authority to exercise any powers
II the exercise of which would cause assets of mine to be considered as taxable in my Agent's
I: estate for purposes of eiÚler Úle federal estate tax or any state estate or inheritance tax.
i Section 4 - Inteq>retation and Governin2 Laws. This instruction is to be construed
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and interpreted as a general durable power of attorney. The enumeration of specific powers
in this instrument is not intended to nor does it limit or restrict Ù1e general powers granted
to my Agent. Paragraph headings are for convenience only and shall not be deemed part of
Ù1is instrument. The laws of Ù1e State of Wyoming shall govern all questions as to Ù1e
validity of this instrument and Ù1e construction of its provisions.
Section 5 - Third-PartY Reliance. Any person may rely upon the representations of
my Agent as to all matters relating to any power granted herein to my Agent and no person
who may act in reliance upon the representations of my Agent or Ù1e authority granted to my
Agent shall incur any liability to me or my estate as a result of pennitting my Agent to
exercise any power. For Ù1e purpose of inducing third parties to rely upon this power of
Attorney, I warrant that if this Power of Attorney is revoked by me or oÙ1erwise tenninated,
I will indemnify and hold that third party hannless .trom any loss suffered or liability incurred
by such third party in good faiÙ1 reliance on Ù1e aUÙ10rity of my Agent prior to such Ù1ird
, party's actual knowledge of revocation or tennination of this Power of Attorney whether such
II tennination is by operation of law or otherwise. This warranty shall be binding upon my
heirs, beneficiaries, assigns and devisees and the personal representative of my estate.
Section 6 - Disability of Principal. This Power of Attorney shall not be affected by
I my disability. The authority of my Agent shall be exercisable notwithstanding my later
disability or incapacity or any 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 uncertainty
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, beneficiaries, assigns and
devisees and the personal representative of my estate. In addition to any powers enumerated
above, in the event of my incompetency or other inability to provide instruction, I grant to
my Agent all the same powers and discretions and all of the same legal and investment
protections that are provided for a duly qualified conservator of an estate and guardian of a
person under Wyoming law. In the event of my incapacity, as detennined by two physicians
who are doctors of medicine or osteopathy (one of whom shall be my physician, if I have a
physician at such time), I nominate my Agent as my Guardian if a guardianship is required
or if my Agent detennines that having a guardianship is appropriate.
Section 7 - Relationship to Prior Power of Attorney Documents. I revoke all general
¡ power of attorney documents that I previously executed and I completely discharge and
tenninate all agents appointed under those documents. This revocation is voluntary and is
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not the result of duress or coercion. I intend that this Power of Attorney be in addition to any
specific power of attorney which I may have previously executed or may later execute with
regard to any bank accowlt or safe deposit box, and my other specific power of attorney, to
the extent not inconsistent with this Power of Attorney, shall remain in full force and effect.
Section 8 - PhotolZI'aphic CODies. Photographic reproductions of this executed
instrument may be made and delivered by my Agent and may be relied upon by any person
to the same extent as if the copy was an original. Anyone acting 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 instrument.
IN WI1NESS WHEREOF, I bav~xecuted and delivered this General Durable Power
Of Attorney this 2frfh day of \" \ 1 ,¡J . , 2~.
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GRACE E. SULENTA
STATE OF WYOMING )
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COUNTY OF SUBLETTE )
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The foregoing Geaeral Durable Power Of ~ was admowledged before me
by GRACE E. SULENTA, this 2Lr/11. day OC---::. , 2~.
Witness my lumd and official seal~ .~
Z/V:) . 1k4 (IV)
ARY PUBL!
My Commission EXPires·¡2.!12!2.f)D'2- r..._.......--~
. Su$lll J. HInson . NoIIry Public t
t COI01lyol t~.·,. S"IIoI t
{sulllln. 'Uif WIIJIIII>i J
l My CcnmsIClO Ú ItI Dec. 12, 2002
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This instrument drafted by:
WOOD LA W OFFICE
I 9 West Magnolia
P.O. Box 130
I Pinedale, wy 82941
(307) 367-4301
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