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HomeMy WebLinkAbout951451RECEIVED 1/7/2010 at z:ua riv' VING 951451 BOOK: 739 PAGE: 472 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY GENERAL DURABLE POWER OF ATTORNEY 006472 I, CORINE P. NELSON, of Lincoln County, State of Wyoming, have made, constituted and appointed, and by these presents do make, constitute and appoint Thomas Euvern Nelson and Cordon Ray Nelson and of Lincoln County, State of Wyoming, acting in the manner as provided hereinafter, my true and lawful attorney -in -fact and agent (herein called "attorney and for me and in my name, place and stead and for my use and benefit, to do, perform and accomplish all of the following, regardless of my changing and or declining health, which this General Durable Power of Attorney shall not be affected by my disability or incapacity: 1. General 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 attorney full power and authority to do everything necessary in exercising any of the powers herein granted as fully as I might or could do if personally present, with full power of substitution or revocation, hereby ratifying and confirming all that my agent shall lawfully do or cause to be done by virtue of this power of attorney and the powers herein granted. a. Powers of Collection and Payment. 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 and tangible property and property rights, and demands whatsoever, liquidated or unliquidated, now and hereafter owed 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 thereof, 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. b. Power To Acquire, Sell, Lease and Borrow. To acquire, purchase, exchange, grant options to sell, and sell and convey real or personal property, tangible or intangible, or interest therein, on such terms and conditions as my attorney shall deem proper; to make, seal and deliver and to bargain, contract, agree for, purchase, receive and take lands, tenements, hereditaments and accept the seizing and possession of all lands, and all deeds and other assurances in the law thereof; to lease, let, demise, bargain, sell, remise, release, convey, mortgage and hypothecate, lands, tenements and hereditaments, upon such terms and conditions and under such covenants as my said attorney shall think fit; to sell, pledge, hypothecate, assign, transfer, endorse and deliver any and all securities and shares of stock owned by me or standing in my name; purchase, buy contract for, receive and hold for me any and all types of securities, including but not restricted to stocks, securities, governmental bonds, bills or obligations of all types, other bonds, and commercial paper; to 1 2 000473 borrow monies in connection with the foregoing and to execute notes evidences of indebtedness and security instruments, including pledges, mortgages, hypothecations, etc., such as pledges of any and all shares of stock, to sign, seal, execute, deliver and acknowledge deeds (involving conveyances without consideration), covenants, indentures, agreements, mortgages, hypothecations, bills of lading, bills, bonds, notes, receipts, evidences of debt, releases and satisfaction of mortgage, judgment or other debts, and such other instruments in writing of whatever kind and nature. c. Management Powers. To enter into and take possession of any lands, tenements or hereditaments or parts thereof belonging to me, that may become vacant or to the possession of which I may become entitled, and to maintain, repair, improve, invest, manage, insure, rent, lease, encumber, and in any manner deal with any real or personal property, tangible or intangible, or any interest therein, that I now own or may hereafter acquire, in my name and for my benefit, upon such terms and conditions as my agent shall deem proper. d. Banking Powers. To make, receive and endorse checks and drafts, deposit and withdraw funds, acquire and redeem certificates of deposit, in banks, credit unions and other institutions, execute or release such deeds of trust and other security agreements as may be necessary or proper in the exercise of the rights and powers herein granted. e. Motor Vehicles. To apply for a Certificate of Title upon, and endorse and transfer title thereto, for any automobile, truck, pickup, van, motorcycle or other motor vehicle, and to represent in such transfer assignment that the title to said motor vehicle is free and clear of all liens and encumbrances except those specifically set forth in such transfer assignment. f. Business Interests. To conduct or participate in any lawful business of whatever nature for me and in my name; execute partnership agreements and amendments thereto; 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 business interest or the stock therein; and exercise voting rights with respect to stock, either in person or by proxy, and exercise stock options. g. Tax Powers. To prepare, sign and file joint or separate income tax returns or declarations of estimated tax for any year or years; to prepare, sign and file gift tax returns with respect to gifts made by me for any year or years; to consent to any gift and utilize any gift splitting provision or other tax election; and to prepare, sign and file any claims for refund of any tax. h. Safe Deposit Boxes. To have access at any time or times to any safe deposit box rented by me, wheresoever located, and to remove all or any part of the contents thereof, and to surrender or relinquish said safe deposit box, and any institution in which any such safe deposit box may be located shall not incur any liability to me or my estate as a result of permitting my attorney to exercise this power. 2. Interpretation and Governing Law. This instrument is to be construed and interpreted as a general durable power of attorney. The enumeration of specific powers herein is not intended to, nor does it, limit or restrict the general powers herein granted to my attorney. This instrument is executed and delivered in the State of Wyoming, and the laws of the State of Wyoming shall govern all questions as to the validity of this power and the construction of its provisions. 3. Third -Party Reliance. Third parties may rely upon the representations of my attorney as to all matters relating to any power granted to my attorney, and no person who may act in reliance upon the representations of my attorney or the authority granted to my attorney shall incur any liability to me or my estate as a result of permitting my attorney to exercise any power. 4. Disability or Incapacity of Principal. This General Durable Power of Attorney shall not be affected by my disability or incapacity. 5. Revocation by Writing. This General Durable Power of Attorney shall remain in full force and effect and continue as a valid and effective delegation of authority until I expressly revoke the same in writing. IN WITNESS WHEREOF, I have hereunto set my hand and seal the 1 day of October, 2009. Witness STATE OF WYOMING ss. COUNTY OF LINCOLN On the 1 day of October, 2009, CORINE P. NELSON, acknowledge that she executed this General Durable Power of Attorney. My Commission Expires: /aft .2o 000474 ,ArNC/ 1.06 CORINE P. NELSON Witness NOT Y PUBLIC Residing in: State of County Colin of i >1;rys Wyoming oming T_' Y 3 My Commission Expires April 28, 2012