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HomeMy WebLinkAbout944108 : POWER OF ATTORN~Y GENERAL 'OO\ì874 I KNOW ALL MEN BY THESE PRESENTS: ! That I, HAROLD P. STEWART, individually and as Trustee of the Harold P. Stewart 1 ~68 Trust, a,s amended, hereby make, cOI\stitute and appoint MICHAEL JOa STEWART, residing at 553Q£.£YVle/í!4Åtle. l1es~:AZ ,telephonenumber:~d'O) QZ4-7351 , and TIMOTHY WAYNE STEWART, residing at J O~ Ydlow~tMe...1""~o-1"\e... WÝ~;ll~ telephone number (307) 883- 476S , acting in all events jointly (and ndt;separate.J.ý), as my own true and lawful attorneys: . This power of attorney shall become effective immediately, but shall be revocable by me at will. This power of attorney shall not bð revoked or atrected by my disability or incapacity. r;confer upon my Attorneys, acting: to ¡ether. upon their joint action (or if such action requires a signature, over their joint signatures), full p0'Yer to act for me and in my name, place and stead; to take full charge of and to conduct all my affairs; to take fun charge of all my property, teal and personal, tangible and intangible, and interests thc:rein, now owned or hereafter acquired by me and wherever situated; and to do any and all things which my Attorneys may in tbeir absolute discretion deem desirable or necessary tQ be done for me or on my behalf; and, withoùt limiting in any manner the broad general powers herein conferred and which it is my intention to confer, 1 give my Attorneys the following sp~clfic powers aud authority: 1. To make, sign" draw and deliver ,any þank checks, r¡.otes, drafts, warrants or, withdrawal slips on any bank, bankers, trust company,: savings and loan, thrift, mutual fund or mODey market fund on any accow1t which may now or hereafter stand in my na:me; i 2. To endorse for deposit and collection ~y and all checks" certificates of deposit, prol1'Íssory notes, drafts or other orders or instruments :for the payment of money now drawn or endorsed, or hereafter drawn OT endorsed, payable to my order; , I , 3. To make, sign, seal,"endorse, draw, acc¢pt, execute, acknowledge and deliver any and all contracts, agreements, acquittances, assigmnents, de~ds, mortgages, releases, satisfactions, options, leases, transfers aTld other ins1rwnents and obligations of every kind, name, nature and description in writing with or withou~ seal or oÙlerwise; I I ' 4. To make, execute and file any and all: tax returns and to pay any and all taxes which may be required of me by the United States of !Ametica or any state, territory or political subdivision thcrcQf, and to appear and act for me and qn my behalf before any taxing authority of the United States of America. or of any such states! tet1itory or political subdivisi~n thereof, with full power, among other things, to file claims for refund, ab~tement or cIedit, to insútute any actions with respect to any such taxes and/or to compr~mìsð any asserted liability therefor; RECEIVED 12/10/2008 at 3:58 PM RECEIVING # 944108 BOOK: 710 PAGE: 874 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY , , (;Oü875 5. To vote in person on any stocks or other s~cW'ities owned by me or standing in my name; to exercise stock rights; to ac~p~ and deal wi~ FY d,ìvidend, dì~tri~ution or bonus~ to join in any corporate fwancing, reorgaulzation, merger, l1~uldatton, consohdation or other actIOn and the extension, compromise, conversion, adjustment, e¢'oIcement or foreclosure, sin,gly or in conjunction with others of any corporate stock, bond, pote, debenture or other security; to compound, compromise, adjust, settle and satisfy any obli$ation, secured or unsecw-ed, owing by or to me and to give or accept any property and/or money ~hether or not equal to or less in value than the amount owing in payment, settlement or satisfaction thereof; and in general to take such steps in the management of the affairs of any corporatioþ in which I may be ìnterested as my Attorneys may, in their absolute discretion, deem de$irabl~; I ; I 6.. . To purchase and buy or sell for me ot for my account any stocks, bonds (including, but not limited to, United States Treasury bo~ds which may be redeemed at par for the payment of federal estate taxes), warrants or other s~curities and personal property of any kind at such prices and on such terms as my Attomeys sh~ll, in their discretion, deem proper, and to exercise any subscription or other rights to which I ami or shall become entitled, or to sell and I dispose of the same, and to sign my name to such rights~ warrants or other instruments as shall require the same; , 7. To have access to auy safe deposit boxes wherever situated, registered in my name, or in my name and others, and to examine the cohtents thereof and to remove from said safe deposit boxes such contents or any part thereof; ! i 8. To collect nnd receive any and all momes þr property which may now or hereafter be due me and to give good and sufficient receipts,¡ releases, acquittances and discharges tllerefor; : 9. To pay, compromise or otherwise settle by and all of my debts, liabilities and obligations. whether or not due and payable. as my A~orneys i1\ their absolute discretion may deem desirable; i 10. To operate any business or busÌ11essesill ~hich I now have or hereafter acquire an interest, in such manner as my Attorneys in their absolut~ discretion may deem desirable; . , 11. To prosecute or defend against, before å,ny court, administrative body, or other tribW1al any cause of action, counterclaim or offset ~hich I may have or wlùch is asserted against me, as the case may be. and to agree to any se~lement or compromises thereofj and to discontinue, abandon or dismiss any such action or claim; I I 12. TQ exercise any and all of the fOllowind powers as to real propeliy, any interest therein and/or any building the1"eon; to contract for, purchase, receive and take possession thereQf and of evi~ence of title thereto; to lease the same for J¡lY term or purpose, including leases for busirtess, residence, andlor mineral development; to s¢ll, exchange, grant 01' convey the same with or without warranty; and to mortgage, transfer in trust, or otherwise encumber or I , hypothecate the same to secure payment of a negotiab~e or non-negotiable note or performance of any obligation or agreement; ; 2 û00876 , 13. To exercise any and 011 of tbe following i powers as to all kinds of personal property and goods, wares and merchandise choscs in actiQn and other property in possession or in action: To contract for, buy) seU, exchange, transfer and in any legal malmer deal in and with the same; and to mortgage, transfer in trust, or oÙ1erwise þncumber or hypoth~ate the sante to secure payment of a negotiable or non-negotiable note pr performance of any obligation or agreement; : 14. To bOITOW money and to execute and deliyer negotiable or non-negotiable notes therefor with or without security; and to loan money an4 receive negotiable or non~negotiable notes therefor with such scculity as my Attorneys shall de~m proper; I 15. To create, amend, suppleJuent and terminate any trust and to instruct and advise the trustee of atlY trust wherein I am or may be Trustor or beneficiary; I ì I 16. To transact business of any kind or class aµd as my act and deed to sign, execute, acknowledge and deliver any deed, lease, assignment o~ lease, covenant, indenture, indemnity, agreement, mortgage, deed of trust, assigrunent of mortgage or of the beneficial interest under deed of trust, extension, Ol' renewal of any obligation( subordination or waiver of priority, hypothecation, bottomryl charter-party, bill of lading, bill of sale. bill, bond, note, whether negotiable or non.negoti~ble, receipt, evidence or debt) fun or pw1ial release or satisfaction of mortgage, judgment and ¡other debt, request for partial or full reconveyance of deed of trust and such other instruments i~ writing of any kind or class i as may be necessary or proper in the prerr.cises; i ¡ , 17. To make gifts to any person in amounts riot exceeding the UIÙted States Gift Tax annual exclusion amount as allowed under the Internal ~evenue Code of 1986, as amended (the "Code") (currently $10,000 per donee per year \U1der ~ectìoD 2503(b) of the Code); to make transfers for the benetìt 9f any person for educational an~ medical expenses which are "qualified transfers)) under SectiOll 2S03(e) of the Code; and to make gifts to charity in amounts not excee,ding 20% of my feperal adjusted gross income in a~y one year. ! The specific authority and {>owers herein cOlûe~ed shall not be considered as limitations on tbe general authority I of my sàid Attorneys) who are J hereby auiliorized to represent me in all matters and to do any and all acts in my name which I could do if personally present; it being my intention by this instrwnent to give my said Attorneys ¡in fact the broadest possible power over my property, whether Teal or per~ona1 or interests thprein, a¡1d affairs of every kind; hereby ratifying and confirming all1hat my said Attorneys shaH lawfully do or cause to be done by virtue hereof. : My said Attorneys in fact are hereby aUÙloIized, at any time and from time to time~ to delegate) in whole or in part, any of the powers he!e~ given, to subst\tute any person to act in my Attorneys' place and stead hereunder) and to revoke any such delega.tion or substitution so I m*. : 3 ûOö877 It is my intention that my said Attorneys shall not b~ liable or responsible for any damage that may ensue to any part of my prop~rty or estate or to me or to any other person because of such person's interest therein, arising by reason of any e~or in judgment or discretion in the management or exercise of the powers delegated to my Attorneys by this instrument. When the context so requires. the masculine gendl includes the feminine andlor neuter, and the singular number includes the plural. I I have signed my name on Ôr1( 10 ! ,2007. 1 I I· arold P. st,bwart, dividually and as Trustee of e Harold P. Stewart 1968 Trust, as amended I I I I I STATE OF JÁ)\~("~ i S5. I COUNTY OF lrlN'fJ ( ~) I On (60-i- ~ ,{ n , 2007, before me, the kJderSigned, a Notary PUbÚc in and for said County and State, personally appeared HAROL~ P. STEWART, Individually and as Trustee of the Harold P. Stewart 1968 Trust, as amended, personally known to me (or proved to me on the basis of satisfactory evidence) to be the persorl whose name is subscribed to the within instrument and acknowledged that he executed the same. I I I I WITNESS my hand and official seal. ';1- NANCY J. BROWN - NOTARY PUBLIC "tf',Þ COUNTY OF . STATE OF LINCOLN WYOMING MY COMMISSION EXPIRES "'/7-S/2iJ1 Notary PU1liC jn I I I I I I I I I , I I I I I 4