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HomeMy WebLinkAbout951845DURABLE POWER OF ATTORNEY FOR 00010 MANAGEMENT OF PROPERTY AND PERSONAL AFFAIRS FOR JOEL PETER ABLER I, JOEL PETER ABLER, a resident of Star Valley Ranch, Lincoln County, Wyoming, hereby execute this Power of Attorney for management of property and personal affairs. ARTICLE I APPOINTMENT OF ATTORNEY -IN -FACT 1.1. Appointment of Attorney -In -Fact. I hereby appoint Dorothy L. Abler, my wife, of Star Valley Ranch, Lincoln `County, Wyoming, as my Attorney -In -Fact. If Dorothy L. Abler dies, resigns, is unable to act because of incapacity, or is unwilling to act, I then appoint Valarie L. Davis, my daughter, as my Attorney -In -Fact. All references herein to "my Attorney -In- Fact" refer to the Attorney -In -Fact acting at the pertinent time. 1.2. Creation of Durable Power of Attorney. By my appointment of my Attorney -In- Fact, I intend to create a Durable Power of Attorney (herein referred to as "this Power pursuant to Wyoming Statutes 3 -5 -101 et seq. This Power is effective immediately upon its execution and shall not be affected by my subsequent disability or incapacity. 1.3. Powers Granted Herein. I give my Attorney -In -Fact the powers in Article II and elsewhere in this Power with the understanding that they will be used for my benefit and on my behalf and will be exercised only in a fiduciary capacity. RECEIVED 1/27/2010 at 9:30 AM RECEIVING 951845 ARTICLE II BOOK: 741 PAGE: 107 POWERS JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 2.1. Real Property Transactions. I give my Attorney -In -Fact all of the powers over real property listed below in this paragraph, to be exercisable equally with respect to any interest in real property that I own when this Power is executed or that is acquired thereafter, whether the real property is located in Wyoming or elsewhere. DURABLE POWER OF ATTORNEY FOR MANAGEMENT OF PROPERTY AND PERSONAL AFFAIRS FOR JOEL PETER ABLER PAGE 1 OF 17 Ov10S (a) Acquisition. Accept as a gift or as security for a loan, reject, demand, buy, lease, receive, or otherwise acquire an interest in real property or a right incident to real property. (b) Transfer. Sell, exchange, convey with or without covenants, quitclaim, release, surrender, mortgage, encumber, partition or consent to the partitioning of, subdivide, apply for zoning, rezoning, or other governmental permits, plat or consent to platting, develop, grant options concerning, lease, sublease, or otherwise dispose of an interest in real property or a right incident to real property. (c) Mortgages. Release, assign, satisfy, and enforce by litigation or otherwise, a mortgage, deed of trust, encumbrance, lien, or other claim to real property that exists or is asserted. (d) Management. Do any act of management or conservation with respect to an interest in real property, or a right incident to real property, owned or claimed to be owned by me, including all of the following: (1) Insuring against a casualty, liability, or loss. (2) Obtaining or regaining possession, or protecting the interest or right, by litigation or otherwise. (3) Paying, compromising, or contesting taxes or assessments, or applying for and receiving refunds in connection with taxes or assessments. (4) Purchasing supplies, hiring assistance or labor, and making repairs or alterations in the real property. (e) Improvements. Use, develop, alter, replace, remove, erect, or install structures or other improvements upon real property in or incident to which I have, or claim to have, an interest or right. (f) Reorganizations. Participate in any reorganization with respect to real property or a legal entity that owns an interest in or right incident to real property and receive and hold shares of stock or obligations received in a plan of reorganization, and act with respect to them, including all of the following: them. (1) Selling or otherwise disposing of them. (2) Exercising or selling an option, conversion, or similar right with respect to DURABLE POWER OF ATTORNEY FOR MANAGEMENT OF PROPERTY AND PERSONAL AFFAIRS FOR JOEL PETER ABLER PAGE 2 OF 17 (4) Moving from place to place. (5) Storing for hire or on a gratuitous bailment. (6) Using, altering, and making repairs or alterations. DURABLE POWER OF ATTORNEY FOR MANAGEMENT OF PROPERTY AND PERSONAL AFFAIRS FOR JOEL PETER ABLER PAGE 3 OF 17 000109 (3) Voting them in person or by proxy. (g) Change in Form of Title. Change the form of title of an interest in or right incident to real property. (h) Public Use. Dedicate to public use, with or without consideration, easements or other real property in which I have, or claim to have, an interest or right. 2.2. Tangible Personal Property Transactions. I give my Attorney -In -Fact all of the powers over tangible personal property listed below in this paragraph, to be exercisable equally with respect to any tangible personal property that I own when this Power is executed or that is acquired thereafter, whether the personal property is located in Wyoming or elsewhere. (a) Acquisition. Accept as a gift or as security for a loan, reject, demand, buy, receive, or otherwise acquire ownership or possession of tangible personal property or an interest in tangible personal property. (b) Transfer. Sell, exchange, convey with or without covenants, release, surrender, mortgage, encumber, pledge, hypothecate, create a security interest in, pawn, grant options concerning, lease, sublease to others, or otherwise dispose of tangible personal property or an interest in tangible personal property. (c) Security Interests. Release, assign, satisfy or enforce by litigation or otherwise, a mortgage, security interest, encumbrance, lien, or other claim on my behalf, with respect to tangible personal property or an interest in tangible personal property. (d) Management. Do any act of management or conservation with respect to tangible personal property or an interest in tangible personal property on my behalf, including all of the following: (1) Insuring against casualty, liability, or loss. (2) Obtaining or regaining possession, or protecting the property or interest, by litigation or otherwise. (3) Paying, compromising, or contesting taxes or assessments, or applying for and receiving refunds in connection with taxes or assessments. 000110 2.3. Securities Transactions. I give my Attorney -In -Fact all of the powers over stocks, bonds, mutual funds, and other type of securities and financial instruments listed below in this paragraph, to be exercisable equally with respect to any interest in any stock, bond, mutual fund, and other type of security to which this paragraph refers, that I own when this Power is executed or that is acquired thereafter, whether located in Wyoming or elsewhere. (a) Acquisition and Transfer. Buy, sell, and exchange stocks, bonds, mutual funds, and all other types of securities and financial instruments except commodity futures contracts and call and put options on stocks and stock indexes. (b) Evidence of Ownership. Receive certificates and other evidence of ownership with respect to securities. (c) Voting. Exercise voting rights with respect to securities, in person or by proxy, enter into voting trusts, and consent to limitations on the right to vote. 2.4. Commodity and Option Transactions. I give my Attorney -In -Fact all of the powers over commodity futures and options listed below in this paragraph, to be exercisable equally with respect to any interest in any commodity futures contract or option to which this paragraph refers, that I own when this Power is executed or that is acquired thereafter, whether located in Wyoming or elsewhere. (a) Acquisition and Transfer. Buy, sell, exchange, assign, settle, and exercise commodity futures contracts and call and put options on stocks and stock indexes traded on a regulated option exchange. (b) Accounts. Establish, continue, modify, and terminate option accounts with a broker. 2.5. Banking and Other Financial Institution Transactions. I give my Attorney -In -Fact all of the powers over banking and other financial institution transactions listed below in this paragraph, to be exercisable equally with respect to any financial transaction to which this paragraph refers, engaged in by me when this Power is executed or that is engaged in thereafter, whether conducted in Wyoming or elsewhere. (a) Existing Accounts. Continue, modify, and terminate an account or other banking arrangement made by me or on my behalf. (b) Opening of Accounts. Establish, modify, and terminate an account or other banking arrangement with a bank, trust company, savings and loan association, credit union, thrift company, industrial loan company, brokerage firm, or other financial institution selected by my Attorney -In -Fact. DURABLE POWER OF ATTORNEY FOR MANAGEMENT OF PROPERTY AND PERSONAL AFFAIRS FOR JOEL PETER ABLER PAGE 4 OF 17 000111 (c) Establishing and Closing Safe Deposit Boxes. Hire or close a safe deposit box or space in a vault. (d) Contracting Services. Contract to procure other services available from a financial institution as my Attorney -In -Fact considers desirable. (e) Making Withdrawals. Withdraw by check, order, or otherwise my money or property deposited with or left in the custody of a financial institution. (f) Receiving Financial Statements. Receive bank statements, vouchers, notices, and similar documents from a financial institution, and act with respect to them. (g) Entering Safe Deposit Boxes. Enter a safe deposit box or vault and withdraw or add to the contents. (h) Borrowing Money. Borrow money at an interest rate agreeable to my Attorney -In- Fact and pledge as security my personal property as necessary in order to borrow, pay, renew, or extend the time of payment of any of my debts. (i) Checks, Drafts, and Negotiable or Nonnegotiable Paper. Make, assign, draw, endorse, discount, guarantee, and negotiate promissory notes, checks, drafts, and other negotiable or nonnegotiable paper of mine, or payable to me or to my order, receive the cash or other proceeds of those transactions, and accept a draft drawn by a person upon me and pay it when due. (j) Receiving Negotiable or Nonnegotiable Instruments. Receive for me and act upon a sight draft, warehouse receipt, or other negotiable or nonnegotiable instrument. (k) Letters of Credit. Credit Cards, and Travelers Checks. Apply for and receive letters of credit, credit cards, and traveler's checks from a financial institution, and give an indemnity or other agreement in connection with letters of credit. (1) Extensions to Pay. Consent to an extension of the time of payment with respect to commercial paper or a financial transaction with a financial institution. 2.6. Business Operating Transactions. I give my Attorney -In -Fact all of the powers over business transactions listed below in this paragraph, to be re exercisable equally with respect to any business in which I am interested when this Power is executed or in which I become interested thereafter, whether conducted in this state or elsewhere. (a) Operation and Transfer. Operate, buy, sell, enlarge, reduce, and terminate a business interest. DURABLE POWER OF ATTORNEY FOR MANAGEMENT OF PROPERTY AND PERSONAL AFFAIRS FOR JOEL PETER ABLER PAGE 5 OF 17 00011g (b) Partnerships. To the extent that an agent is permitted by law to act for a principal and subject to the terms of the partnership agreement: (1) Perform a duty or discharge a liability and exercise a right, power, privilege, or option that I have, may have, or claim to have under a partnership agreement, whether or not I am a partner. (2) Enforce the terms of a partnership agreement by litigation or otherwise. (3) Defend, submit to arbitration, settle, or compromise litigation to which I am a party because of membership in the partnership. (c) Bonds, Shares, and Other Instruments. Exercise in person or by proxy, or enforce by litigation or otherwise, a right, power, privilege, or option that I have or claim to have as the holder of a bond, share, or other instrument of similar character, and defend, submit to arbitration, settle, or compromise litigation to which I am a party because of a bond, share, or similar instrument. (d) Sole Proprietorship. With respect to any business that I solely own: (1) Continue, modify, renegotiate, extend, and terminate a contract made with an individual or a legal entity, firm, association, or corporation by me or on my behalf with respect to the business before execution of this Power. (2) Determine the policy of the business as to: (A) the location of its operation; (B) the nature and extent of its business; (C) the methods of manufacturing, selling, merchandising, financing, accounting, and advertising employed in its operation; (D) the amount and types of insurance carried; and (E) the mode of engaging, compensating, and dealing with its accountants, attorneys, and other agents and employees. (3) Change the name or form of organization under which the business is operated, and enter into a partnership agreement with other persons or organize a corporation to take over all or part of the operation of the business. (4) Demand and receive money due or claimed by me or on my behalf in the operation of the business, and control and disburse the money in the operation of the business. (e) Expansion. Put additional capital into a business in which I have an interest. (f) Reorganization. Join in a plan of reorganization, consolidation, or merger of the business. DURABLE POWER OF ATTORNEY FOR MANAGEMENT OF PROPERTY AND PERSONAL AFFAIRS FOR JOEL PETER ABLER PAGE 6 OF 17 000113 (g) Sale or Liquidation. Sell or liquidate a business or part of it at the time and upon the terms my Attorney -In -Fact considers desirable. (h) Buy -Out Agreements. Represent me in establishing the value of a business under a buy -out agreement to which I am a Party. (i) Reports. Prepare, sign, file, and deliver reports, compilations of information, returns, or other papers with respect to a business that are required by a governmental agency or instrumentality or that my Attorney -In -Fact considers desirable, and make related payments. (j) Taxes. Pay, compromise, or contest taxes or assessments and do any other act that my Attorney -In -Fact considers desirable to protect me from illegal or unnecessary taxation, fines, penalties, or assessments with respect to a business, including attempts to recover, in any manner permitted by law, money paid before or after this Power is executed. 2.7. Insurance and Annuity Transactions. I give my Attorney -In -Fact all of the powers over insurance and annuity transactions listed below in this paragraph, to be exercisable with respect to any contract of insurance or annuity in which I am in any way interested, whether made in Wyoming or elsewhere. (a) Existing Personal Coverage. Continue, pay the premium or assessment on, modify, rescind, release, or terminate any contract procured by me or on my behalf that insures or provides an annuity to- either me or another person, whether or not I am a beneficiary under the contract. (b) Procuring New Coverage. Procure new, different, and additional contracts of insurance and annuities for me and my dependents, and select the amount, type of insurance or annuity, and mode of payment. (c) Paying Premiums for New Coverage. P ay the premium or assessment on, modify, rescind, release, or terminate a contract of insurance or annuity procured by my Attorney -In- Fact. (d) Beneficiary Designation. Designate the beneficiary of the contract, including the power to designate herself himself as the beneficiary of the contract, or an extension, renewal, or substitute for the contract, regardless of whether the contract was procured by me or by my Attorney -In -Fact. (e) Borrowing. Apply for and receive a loan on the security of the contract of insurance or annuity. (f) Surrendering. Surrender and receive the cash surrender value. DURABLE POWER OF ATTORNEY FOR MANAGEMENT OF PROPERTY AND PERSONAL AFFAIRS FOR JOEL PETER ABLER PAGE 7 OF 17 000114 (g) Elections. Exercise an election. (h) Manner of Paying Premiums. Change the manner of paying premiums. (i) Conversion. Change or convert the type of insurance contract or annuity as to any insurance contract or annuity to which I have or claim to -have a power described in this paragraph. (j) Beneficiary Change. Change the beneficiary of a contract of insurance or annuity, including the power to designate herself himself as the beneficiary, regardless of whether the contract of insurance or annuity was procured by me or by my Attorney -In -Fact. (k) Governmental Aid. Apply for and procure government aid to guarantee or pay premiums of a contract of insurance on my life. (1) Transfer. Collect, sell, assign, hypothecate, borrow upon, or pledge my interest in a contract of insurance or annuity. (m) Taxes. Pay from proceeds or otherwise, compromise or contest, and apply for refunds in connection with, a tax or assessment levied by a taxing authority with respect to a contract of insurance or annuity or its proceeds or liability accruing by reason of the tax or assessment. 2.8. Retirement Plan Transactions. I give my Attorney -In -Fact all of the powers over retirement plans listed below in this paragraph, to be exercisable with respect to any retirement plan in which I am in any way interested, whether the plan is in Wyoming or elsewhere. (a) Select Payment Options. Select payment options under any retirement plan in which I participate, including plans for self employed individuals, including the power to designate herself as the beneficiary. (b) Beneficiary Designations. Designate beneficiaries under retirement plans and change existing designations, including the power to designate herself himself as the beneficiary. (c) Voluntary Contributions. Make voluntary contributions to retirement plans. (d) Investment Powers. Exercise the investment powers available under any self directed retirement plan. (e) Rollovers. Make rollovers of plan benefits into other retirement plans. (f) Borrow, Buy, and Sell. If authorized by the plan, borrow from, sell assets to, and purchase assets from the plan. DURABLE POWER OF ATTORNEY FOR MANAGEMENT OF PROPERTY AND PERSONAL AFFAIRS FOR JOEL PETER ABLER PAGE 8 OF 17 000115 (g) Waiver of Spousal Rights. Waive my right to be a beneficiary of a joint or survivor annuity if I am a spouse who is not employed. 2.9. Estate, Trust, or Other Beneficiary Transactions. I give my Attorney -In -Fact all of the powers over trust, probate estate, guardianship, conservatorship, escrow, custodianship, or other funds listed below in this paragraph so that my Attorney -In -Fact may act for me in all matters that affect a trust, probate estate, guardianship, conservatorship, escrow, custodianship, or other fund from which I am, may become, or claim to be entitled, as a beneficiary, to a share or payment, whether such matters deal with property located in Wyoming or elsewhere. The powers described in this paragraph do not include the power to create, modify, or revoke trusts. (a) Payments. Accept, reject, disclaim, receive, receipt for, sell, assign, release, pledge, exchange, or consent to a reduction in or modification of a share in or payment from the fund. (b) Claims. Demand or obtain by litigation or otherwise money or other thing of value to which I am, may become, or claim to be entitled by reason of the fund. (c) Participation in Proceedings. Initiate, participate in, and oppose litigation to ascertain the meaning, validity, or effect of a deed, will, declaration of trust, or other instrument or transaction affecting my interest. (d) Removal of Fiduciary. Initiate, participate in, and oppose litigation to remove, substitute, or surcharge a fiduciary. (e) Investments and Disbursements. Conserve, invest, disburse, and use anything received for an authorized purpose. (f) Transfer to Revocable Trust. Transfer an interest of mine in real property, stocks, bonds, accounts with financial institutions, insurance, and other property to the trustee of a revocable trust created by me as settlor. (g) Contingent Interests. Conveyor release any contingent or expectant interests in property, including marital property rights, and any rights of survivorship incident to joint tenancy or tenancy by the entirety. (h) Probate Election. Make any elections in any probate matter. 2.10. Power to Create or Revoke Trusts for M Benefit and Benefit of My Descendants. I give my Attorney -In -Fact the power to establish any trust with my assets for my benefit and the benefit of my wife, my issue, and any other of my dependents, or one or more of us, upon such terms as my Attorney -In -Fact determines are necessary or proper; transfer any asset in which I have an interest to any such trust or to any such trust that I have created; and exercise in whole or DURABLE POWER OF ATTORNEY FOR MANAGEMENT OF PROPERTY AND PERSONAL AFFAIRS FOR JOEL PETER ABLER PAGE 9 OF 17 C,00116 in part, release, or let lapse any power I may have as an individual and not as a fiduciary under any trust whether or not created by me, including any power of appointment, amendment, revocation, or withdrawal, but subject to the limitation that a trust that I have created may be modified or revoked by my Attorney -In -Fact only if it is expressly permitted by the trust instrument. My Attorney -In -Fact may be trustee of any trust established by her. 2.11. Resignation From Fiduciary Positions. I give my Attorney -In -Fact the power to resign from any fiduciary position to which I have been or may be in the future named, appointed, nominated, or elected, including by way of illustration, but not of restriction, the positions of executor, administrator, personal representative, trustee, Attorney -In -Fact, guardian, director or officer of a corporation, or governmental position or office; and to take whatever steps are necessary to accomplish such resignation, for example, by rendering an accounting or appearing in court to receive approval for such action, as appropriate. 2.12. Claims and Litigation. I give my Attorney -In -Fact all of the powers listed below in this paragraph. All powers described in this paragraph are exercisable equally with respect to any claim or litigation existing when this Power is executed or arising thereafter, whether existing or arising in this state or elsewhere. (a) Actions. Assert and prosecute before a court or administrative agency a claim, claim for relief, cause of action, counterclaim, cross complaint, or offset, and defend against an individual, a legal entity, or government, including suits to recover property or other thing of value, to recover damages sustained by me, to eliminate or modify tax liability, or to seek an injunction, specific performance, or other relief. (b) Intervention and Interpleader. Bring an action to determine adverse claims, intervene in litigation, and act as amicus curiae. (c) Provisional Remedies, Enforcement of Judgments, and Participation Proceedings. In connection with litigation: (1) Procure an attachment, garnishment, libel, order of arrest, -or other preliminary, provisional, or intermediate relief, and use any available procedure to effect, enforce, or satisfy a judgment, order, or decree. (2) Perform any lawful act, including acceptance of tender, offer of judgment, admission of facts, submission of a controversy on an agreed statement of facts, consent to examination before trial, and binding me in litigation. (d) Settlement. Submit to arbitration, settle, and propose or accept a compromise with respect to a claim or litigation. DURABLE POWER OF ATTORNEY FOR MANAGEMENT OF PROPERTY AND PERSONAL AFFAIRS FOR JOEL PETER ABLER PAGE 10 OF 17 e00117 (e) Procedure. Waive the issuance and service of process upon me; accept service of process; appear for me; designate persons upon whom process directed to me may be served; execute and file or deliver stipulations on my behalf; verify pleadings; seek appellate review; procure and give surety and indemnity bonds; contract and pay for the preparation and printing of records and briefs; receive and execute and file or deliver a consent, waiver, release, confession of judgment, satisfaction of judgment, notice, agreement, or other instrument in connection with the prosecution, settlement, or defense of a claim or litigation. (f) Bankruptcy. Act for me with respect to bankruptcy or insolvency proceedings, whether voluntary or involuntary, concerning me or some other person, or with respect to a reorganization proceeding, or with respect to an assignment for the benefit of creditors, receivership, or application for the appointment of a receiver or trustee, that affects an interest of mine in property or other thing of value. (g) Payments. Pay a judgment against me or a settlement made in connection with litigation, and receive and conserve money or other thing of value paid in settlement of or as proceeds of a claim or litigation. 2.13. Tax Matters. I give my Attorney -In -Fact all of the powers over tax matters listed below in this paragraph. (a) Preparation and Filing of Documents. Prepare, sign, and file federal, state, local, and foreign income, gift, payroll, PICA returns, and other tax returns, claims for refunds, requests for extension of time, petitions regarding tax matters, and any other tax related documents, including receipts, offers, waivers, consents (including consents and agreements under Internal Revenue Code Section 2032A or any successor section), closing agreements, and any power of attorney required by the Internal Revenue Service or other taxing authority with respect to any tax year for which the statute of limitations has not run and to the tax year in which this Power was executed and any subsequent tax year. (b) Paying: and Contesting Amounts. Pay taxes due, collect refunds, post bonds, receive confidential information, and contest deficiencies determined by the Internal Revenue Service or other taxing authority. (c) Exercising: Elections. Exercise any election I may have under federal, state, local, or foreign tax law. (d) Acting in Tax Matters. Act for me in all tax matters before the Internal Revenue Service and any other taxing authority. 2.14. Personal and Family Maintenance. I give my Attorney -In -Fact all of the powers over personal and family matters listed below in this paragraph, to be exercisable equally whether the acts required for their execution relate to property that I own when this Power is DURABLE POWER OF ATTORNEY FOR MANAGEMENT OF PROPERTY AND PERSONAL AFFAIRS FOR JOEL PETER ABLER PAGE 11 OF 17 DURABLE POWER OF ATTORNEY FOR MANAGEMENT OF PROPERTY AND PERSONAL AFFAIRS FOR JOEL PETER ABLER PAGE 12 OF 17 O 118 executed or that is acquired thereafter, and whether the acts are performed or property is located in Wyoming or elsewhere. If I have authorized my agent under my power of attorney for health care (advance directive) to provide for my personal care or to make arrangements for a funeral or memorial service and/or burial arrangements for me, my Attorney -In -Fact shall pay any expenses incurred as a result of those arrangements as directed by my health care agent, and is hereby released from any and all liability for making those payments. (a) Support. Do the acts necessary to maintain my customary standard of living and the customary standard of living of my wife and other individuals customarily or legally entitled to my support, including providing living quarters by purchase, lease, or other contract, or paying the operating costs, including interest, amortization payments, repairs, and taxes, on premises owned by me and occupied by my wife or other dependents. (b) Domestic Help, Travel, and Necessities. Provide for the individuals described in subparagraph (a) all of the following: (1) Normal domestic help. (2) Usual vacations and travel expenses. (3) Funds for shelter, clothing, food, appropriate education, and other current living costs. (c) Medical Care. Pay for my medical care as directed by my health care agent under my power of attorney for health care (advance directive), for which payments my Attorney -In -Fact shall hereby be released from any and all liability, and pay for the individuals described in subparagraph (a) necessary medical, dental, and surgical care, hospitalization, and custodial care. (d) Transportation. Continue any provision made by me, for the individuals described in subdivision (a), for automobiles or other means of transportation, including registering, licensing, insuring, and replacing them. (e) Charge Accounts. Maintain or open charge accounts for the convenience of the individuals described in subparagraph (a) and open new accounts my Attorney -In -Fact considers desirable to accomplish a lawful purpose. (f) Church and Organization Affiliations. Continue payments incidental to my membership in or affiliation with a church, club, society, order, or other organization and continue contributions to those organizations. (g) Religious or Spiritual Needs. Continue payments incidental to my membership in religious or other spiritual organizations as directed by my agent under my power of attorney for health care (advance directive), for which payments my Attorney -In -Fact shall hereby be DURABLE POWER OF ATTORNEY FOR MANAGEMENT OF PROPERTY AND PERSONAL AFFAIRS FOR JOEL PETER ABLER PAGE 13 OF 17 000119 released from any and all liability; and pay for my access to their activities and publications, including books, tapes, and similar materials. (h) Pets and Animals. House, or arrange for the housing, support, and maintenance of, any pets or animals that I own or have custody of and pay reasonable boarding, kenneling, and veterinary fees for such pets or animals, or if the support and maintenance of any such pet or animal becomes unreasonably expensive, to dispose of such pet or animal in a humane fashion, preferably by finding another home for the pet or animal. (i) Funeral and Burial. Make payments during my lifetime for my funeral or other memorial service and for burial or cremation of my remains, including the purchase of a burial plot or other place for interment of my remains or ashes, as directed by my agent under my power of attorney for health care (advance directive), for which payments my Attorney -In -Fact shall hereby be released from any and all liability. 2.15. Government Benefits. I give my Attorney -In -Fact all of the powers over governmental benefits listed below in this paragraph, to be exercisable equally with respect to benefits from social security, medicare, medicaid, or other governmental programs, or civil or military service, existing when this Power is executed or accruing thereafter, whether existing or accruing in Wyoming or elsewhere. (a) Execution of Vouchers. Execute vouchers in my name for allowances and reimbursements payable to me by the United States or a foreign government or by a state or subdivision of a state, including allowances and reimbursements for my transportation and transportation of my wife and other individuals customarily or legally entitled to my support, and for shipment of our household effects. (b) Possession of Property. Take possession and order the removal and shipment of my property from a post, warehouse, depot, dock, or other place of storage or safekeeping, either governmental or private; and execute and deliver a release, voucher, receipt, bill of lading, shipping ticket, certificate, or other instrument for that purpose. (c) Benefits. Prepare, file, and prosecute my claim to a benefit or assistance, financial or otherwise, to which I claim to be entitled under a statute or governmental regulation. (d) Actions. Prosecute, defend, submit to arbitration, settle, and propose -or accept a compromise with respect to any benefits I may be entitled to receive. (e) Receipt of Proceeds. Receive the financial proceeds of a claim of the type described in this paragraph; conserve, invest, disburse, or use anything received for a lawful purpose. 2.16. Nomination of a Conservator. If at any time proceedings are initiated for the appointment of a conservator of my person or my estate or both, I hereby nominate the following 00120 person: Dorothy L. Abler, of Star Valley Ranch, Lincoln County, Wyoming, as conservator of both my person and my estate. I hereby waive the requirement of a bond if the person nominated above is appointed as conservator. I request that, if the person nominated above is appointed conservator of my estate by a court of this state, the court make an order granting to such person all or as many of those independent powers listed as the court shall find appropriate. 2.17. Incidental Powers. In connection with the exercise of any of the powers described in the preceding paragraphs, I give my Attorney -In -Fact all of the powers listed below in this paragraph. All powers described in this paragraph are exercisable equally with respect to any of my interests, rights, and obligations existing when this Power is executed or arising thereafter, whether in Wyoming or elsewhere. (a) Claims. Demand, receive, and obtain by litigation or otherwise, money or other thing of value to which I am, may become, or claim to be entitled; and conserve, invest, disburse, or use anything so received for the purposes intended. (b) Contracts. Contract in any manner with any person, on terms agreeable to my Attorney -In -Fact, to accomplish a purpose of a transaction, and perform, rescind, reform, release, or modify the contract or another contract made by me or on my behalf. (c) Execution, Acknowledgment, and Delivery. Execute, acknowledge, seal, and deliver a deed, revocation, mortgage, lease, notice, check, release, or other instrument my Attorney -In- Fact considers desirable to accomplish a purpose of a transaction. (d) Actions. Prosecute, defend, submit to arbitration, settle, and propose or accept a compromise with respect to a claim existing in my favor or against me or intervene in litigation relating to the claim. (e) Court Assistance. Seek on my behalf the assistance of a court to carry out an act authorized by this Power. (f) Employment. Engage, compensate, and discharge an attorney, accountant, expert witness, or other assistant. (g) Recordkeeping. Keep appropriate records of each transaction, including an accounting of receipts and disbursements. (h) Preparation and Filing of Documents. Prepare, execute, and file a record, report, or other document my Attorney -In -Fact considers desirable to safeguard or promote my interest under a statute or governmental regulation. (i) Other Lawful Acts. In general, do any other lawful acts with respect to the power being exercised, it being my intention that, in connection with the exercise of that power, my DURABLE POWER OF ATTORNEY FOR MANAGEMENT OF PROPERTY AND PERSONAL AFFAIRS FOR JOEL PETER ABLER PAGE 14 OF 17 00u121 Attorney -In -Fact shall have full authority, to the extent that a principal can act through an agent, to take all actions that she believes necessary, proper, or convenient, to the extent that I could take such actions myself. ARTICLE III AMPLIFYING PROVISIONS 3.1. Reimbursement for Costs and Expenses. My Attorney -In -Fact shall be entitled to reimbursement from my property for expenditures properly made in the execution of any of the powers conferred by me in this Power. My Attorney -In -Fact shall keep records of any such expenditures and reimbursement. 3.2. No Compensation. My Attorney -In -Fact shall not be entitled to compensation for the services rendered in the execution of any of the powers conferred by me in this Power. 3.3. Reliance by Third Parties. To induce third parties to act in accordance with the powers granted to my Attorney -In -Fact in this document, I represent and warrant that: (a) If this document is revoked or amended for any reason, I, my estate, my heirs, successors, and assigns will hold any third party harmless from any loss suffered, or liability incurred, by the third party in acting in accordance with this document before the third party's receipt of written notice of termination or amendment. (b) The powers conferred on my Attorney -In -Fact may be exercised alone and my Attorney -In- Fact's signature or act under the authority granted in this document may be accepted by third parties as fully authorized by me and with the same force and effect as if I were personally present, competent, and acting on my own behalf. (c) No person who acts in reliance upon any representation of my Attorney -In -Fact as to the scope of my Attorney -In- Fact's authority granted under this document shall incur any liability to me, my estate, my heirs, successors, or assigns for permitting my Attorney -In -Fact to exercise any such power, nor shall any person who deals with my Attorney -In -Fact be responsible to determine or ensure the proper application of funds or property. (d) My Attorney -In -Fact shall make any payments required for the provision and /or release of information or photocopies of any records to my agent under my power of attorney for health care advance directive) regarding my personal affairs or my physical or mental health, including medical, dental, and hospital records, as directed by my health care agent. My Attorney -In -Fact shall hereby be released from any and all liability for making any such payments. DURABLE POWER OF ATTORNEY FOR MANAGEMENT OF PROPERTY AND PERSONAL AFFAIRS FOR JOEL PETER ABLER PAGE 15 OF 17 DURABLE POWER OF ATTORNEY FOR MANAGEMENT OF PROPERTY AND PERSONAL AFFAIRS FOR JOEL PETER ABLER PAGE 16 OF 17 C: 3.4. Ratification. I ratify and confirm all that my Attorney -In -Fact does or causes to be done under the authority granted in this Power. All contracts, promissory notes, checks, or other bills of exchange, drafts, other obligations, stock powers, instruments, and other documents signed, endorsed, drawn, accepted, made, executed, or delivered by my Attorney -In -Fact shall bind me, my estate, my heirs, successors, and assigns. 3.5. Exculpation of My Attorney -In -Fact. My Attorney -In -Fact shall not be liable to me or any of my successors in interest for any action taken or not taken in good faith, but shall be liable for any willful misconduct or gross negligence. 3.6. Revocation and Amendment. I revoke all prior General Durable Powers of Attorney that I may have executed and I retain the right to revoke or amend this document and to substitute other attorneys in fact in place of my Attorney -In -Fact. Amendments to this document shall be made in writing by me personally (not by my Attorney -In -Fact) and they shall be attached to the original of this document. ARTICLE IV GENERAL PROVISIONS 4.1. Signature of Attorney -In -Fact. My Attorney -In -Fact shall use the following form when signing on my behalf pursuant to this Power: "Joel Peter Abler by Dorothy L. Abler, his Attorney -In- Fact and my successor Attorney -In -Fact shall use "Joel Peter Abler by Valarie L. Davis, his Attorney -In- Fact 4.2. Photostatic Copies. Persons dealing with my Attorney -In -Fact may rely fully on a photostatic copy of this Power. 4.3. Severability. If any of the provisions of this Power are found to be invalid for any reason, such invalidity shall not affect any of the other provisions of this Power, and all invalid provisions shall be wholly disregarded. 4.4. Governing Law. All questions pertaining to validity, interpretation, and administration of this Power shall be determined in accordance with the laws of the State of Wyoming 4.5. Explanation of Durable Power for Property Management. I understand that this Power is an important legal document. Before executing this document, my lawyer explained to me the following: (a) That this document provides my Attorney -In -Fact with broad powers to dispose of, sell, convey, and encumber my real and personal property. 000123 (b) That the powers granted in this Power will exist for an indefinite period of time unless I limit their duration by the terms of this Power or revoke this Power. These powers will continue to exist notwithstanding my subsequent disability or incapacity. (c) That I have the right to revoke or terminate this Power at any time. THIS DURABLE POWER OF ATTORNEY FOR MANAGEMENT OF PROPERTY AND PERSONAL AFFAIRS is executed by me on April 1, 2008, at Thayne, Lincoln County, Wyoming. STATE OF WYOMING SS. COUNTY OF LINCOLN WITNESS my hand and official seal. M. KEVIN VOYLES NOTARY PUBLIC COUNTY OF jj STATE OF LINCOLN WYOMING MY COMMISSION EXPIRES JULY 16, 2011 My Commission expires: 67//6/// Pte-!✓ JOF' -DETER ABLER ACCEPTED BY SHAY DOROTHY L. ABLER, ATTORNEY -IN -FACT, on April 1, 2008, at Thayne, Lincoln County, Wyoming. x,692 D O THY L. BLER ACKNOWLEDGED before me on this, the 1st day of April, 2008, by Joel Peter Abler. DURABLE POWER OF ATTORNEY FOR MANAGEMENT OF PROPERTY AND PERSONAL AFFAIRS FOR JOEL PETER ABLER PAGE 17 OF 17