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Home My WebLink About873531Doc# 20010038@@5 STATUTORY DURABLE POWER OF ATTORNEY NOTICE: THE POWERS GRANTED BY THIS DOCUMENT ARE BROAD AND SWEEPING. THEYARE EXPLAINED IN THE D URABLE PO WER OFATTORNEYACT, CHAPTER MI, TEXAS PROBATE CODE. IFYOUHAVEANYQUESTIONSABOUTTHESEPOWERS, OBTAINCOMPETENTLEGALADVICE. THIS DOCUMENT DOES NOT AUTHORIZE ANYONE TO MAKE MEDICAL AND OTHER HEALTH-CARE DECISIONS FOR YOU. YO UMAYREVOKE THISPOWER OFATTORNEYIF YOULATER WISH TO DO SO. I, EDWARD EDMUNDS, JR., who resides at 801 E. Blanchard, El Paso, Texas. 79902, appoint MARION DELANOY, who resides at 2785 S. St. Paul, Denver, Colorado 80210, and EDWARD EDMUNDS, III, who resides at 34 Belcarra, The Woodlands, Texas 77382, either of whom can act alone without the joinder or consent of the other, as my agents (attomey-in-fact) to act for me, in any lawful way with respect to all the following powers except for a power that I have crossed out below. II NSTRUCTION: TO WITHHOLD A POWER, YOUMUST CROSS OUT EACHPOWER WITHHELD. Real property transactions; BOOK 4(+PR PAGE Tangible personal property transactions; Stock and bond transactions; Commodity and option transactions; Banking and other financial institution transactions; Business operating transactions 4 ' IN T Insurance and annuity transactions; If I. ! P l f "f C L E R Estate trust, and other beneficiary transactions- 873531 { r L3 t 1 .1 ' Claims and litigation; 3 2? It. Personal and family maintenance; Benefits from social security, Medicare, Medicaid, or other governmental programs or c ! ~rG l'' G; service J~ r''Y(?MING Retirement plan transactions; Tax matters. 8 IF NO POWER LISTED ABOVE IS CROSSED OUT, THIS DOCUMENT SHALL BE CONSTRUED AND INTERPRETEDASA GENERAL POWER OFATTORNEYANDMYAGENT (ATTORNEY-IN-FACT) SHALL al HAVE THE POWER AND AUTHORITY TO PERFORM OR UNDERTAKE ANY ACTION I COULD PERFORM OR UNDERTAKE IF I WERE PERSONALLY PRESENT " SPECIAL INSTRUCTIONS: Special instructions applicable to gifts (initial in front of the following sentence to have it apply): I grant my agent in my agent's sole discretion, the power to make gifts and other trap.sfers of my property to any person or entity that might be the natural object of my bounty including, without limitation, my descendants, whether natural bom or adopted, the spouses and other family members of my descendants, and to any charitable organization which is tax exempt under section 501(c)(3) of the Internal Revenue Code of 1986, as amended (the "Code")-, and gifts to which are deductible by me under section 170 of the Code, and to make such other traiis- rs and conveyances of my property which my agent, in my agent's sole discretion, deems necessary to minimize the income, gift, estate, inheritance, generation skipping transfer, and other taxes a and my estate; and without limiting the generality or universality of the foregoing payable #b r power , u thority granted to my agent, the foregoing powers of my agent shall include, withqbt limitation, the following: Awr to make annual gifts equal to the "annual exclusion" under section 2503(b) f ode to any or all of the natural objects of my bounty, with such gifts being hi . / or otherwise as determined by my agent, in my agent's sole discretion; -11 Tw 01862.00200/AGOUMISC-3/721021.1 0873531 257 2) The power to make "taxable gifts" exceeding the amount of the "annual exclusion" to any or all of the natural objects of my bounty, with such gifts being outright, in trust or otherwise as determined by my agent, in my agent's sole discretion; provided, however, that the gifts authorized in this subparagraph 2, shall not exceed during my lifetime, the amount of the "GST exemption" under section 2631 of the Code; and 3) The power to make gifts to any political campaign or candidate and to make gifts to any charitable organization which is tax exempt under section 501(c)(3) of the Code and gifts to which are deductible by me under section 170 of the Code, in amounts and with the frequency that is consistent with the political and charitable contributions that I have made the five years preceding the date of this power of attorney. 4) The power to make gifts as set forth above shall include the ability of my agent to make gifts to himself or herself provided such gifts are for my agent's health, education, maintenance, or support in the standard of living to which my agent is accustomed on the date of this power of attorney. ON THEFOLLOWINGLINES YOUMAYGIVE SPECIALINSTRUCTIONSLI11 77NG OR EXTENDING THE POWERS GRANTED TO YOUR AGENT. (1) My agent may name a substitute agent by written instrument to act in his or her stead under this power of attorney, and each agent may also revoke and/or remove such substitute agent and name a successor in his or her place. (2) My agent may create a revocable management trust in my name as grantor and beneficiary, naming such trustee(s) and containing such terms as my agent sees fit, and to transfer all or any of my assets to the trust; provided such trust states that it terminates upon my death if not sooner revoked, and the assets shall then be distributed to the personal representative of my estate. INSTRUCTION: UNLESS YOU DIRECT OTHERWISE ABOVE, THIS POWER OF ATTORNEY IS EFFECTIVE BWEDIATELYAND WILL CONTINUE UNTIL IT IS REVOKED. 1.` INSTRUCTION: CHOOSE ONE OF THE FOLLOWING ALTERNATIVES BY CROSSING 0 UT THE ALTERNATIVE NOT CHOSEN.- 0 (A) This power of attorney is not affected by my subsequent disability or incapacity. a* INSTRUCTION.- YOUSHOULDCHOOSEALTERNATIVE(A)IFTHISPOWEROFATTORNEYISTO BECOME EFFECTIVE ON THE DATE IT IS EXECUTED. IF NEITHER (A) NOR (B) IS CROSSED OUT, IT WILL BE ASSUMED THAT YOU CHOSE ALTERNATIVE (A). If Alternative (B) is chosen and a definition of my disability or incapacity is not contained in this power of attorney, I shall be considered disabled or incapacitated for purposes of this power of attorney if a physician certifies in writing at a d ter than the date this power of attorney is executed that, based on the physician's medical examination o am mentally incapable of managing my financial affairs. I authorize the physician , 11 who examines me for this purpose to disclose my physical or mental condition to another person for purposes of this power of att ey., A d party who accepts this power of attorney is fully protected from any action taken under this p r ,'Of a'ttz that is based on the determination made by a physician of my disability or incapacity. , 01862.00200/AGOLAMC-3/721021.1 2 2 5 8 I hereby revoke all prior powers of attorney. I agree that any third party who receives a copy of this document (and, if applicable, any appointment of a substitute) may act under it. Revocation of the durable power of attorney is not effective as to a third party until the third party receives actual notice of the revocation. I agree to indemnify the third party for any claims that arise against the third party because of reliance on this power of attorney. If the agent named by me dies, becomes legally disabled, resigns, or refuses to act, and such agent has not appointed a substitute agent to act in his stead, I name the following individuals, who shall serve in the order named, as successors to my agent: Signed on 2000. "OIJJ-J4~x EDWARD ED DS, JR. THE STATE OF TEXAS ) COUNTY OF EL PASO ) JR. C. This document was acknowledged before me on 2000, by EDWARD EDMUNDS, itP~= 3• SUE A.HLATON NOTARY PUBLIC In aid for the £tste of Taxaa Mycommiseion exFlras ti-22-200- G IV4 - NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS THE ATTORNEY-IN-FACT OR AGENT, BY ACCEPTING OR ACTING UNDER THE APPOINTMENT, ASSUMES THE FID UCL4RYAND OTHER LEGAL RESPONSIBILITIES OFAN AGENT. s 01862.00200/AGOL MISC-3/721021.11 3 ul H "CA IJ ~ CU -0 r--4 `Ca 6- isi Cu Us u ,:t IaJ C5~ +t .-a 4a.f P_.} h. v, ,LLJ l ~w ' O 40 44i \ •N 1:X9 T"^ tN, c , ven. Iri LI u Y~ n -44-- -._JW Gam'-? W cl La Ct al W r 11- t4 0* WYll El Reno, Texas A true and correct oop o Hereby 5 oordty. HECTOR ENRIQ x R. .8oanp► CtadE. ttit ~~o . .~'e ®y