HomeMy WebLinkAbout953650DURABLE POWER OF ATTORNEY
000786
1, Brian J. Budge, the undersigned, domiciled in Park County, Wyoming, do
hereby make, constitute, and appoint my mother Tamara C. Budge of Cody,
Wyoming, as my attorney -in -fact (hereinafter called agent), with the following powers
to be exercised in my name and for my benefit:
1. Disability of Principal. This power of attorney shall be and remain
effective regardless of my subsequent disability or incapacity. The authority of my
agent shall be exercisable notwithstanding any 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 1 am alive shall have the same effect as
though I were alive, competent, and not disabled, and shall inure to the benefit of and
by me, my heirs, devises and personal representatives:
2. 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 agent 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.
3. Collection Powers. To forgive, request, demand, sue for, recover,
collect, receive, and 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 or tangible property and
property rights, and demands whatsoever liquidated or unliquidated, now or hereafter
owned 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.
4. Real Property Powers. To bargain, contract, agree for, option,
purchase, acquire, receive, improve, maintain, repair, insure, plat, partition, safeguard,
lease, demise, grant, bargain, sell, assign, transfer, remise, release, exchange, convey,
mortgage and hypothecate real estate and any interest therein (and including any
interest which I hold with any other person as joint tenants with full rights of
survivorship, or as tenants by the entireties), lands, tenements and hereditaments, for
such price, upon such terms and conditions as my agent shall determine.
RECEIVED 5/25/2010 at 4:39 PM
RECEIVING 953650
BOOK: 747 PAGE: 786
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
2
000787
5. Personal Property Powers. To bargain, contract, agree for,
purchase, option, acquire, receive, improve, maintain, repair, insure, safeguard, lease,
assign, sell, exchange, redeem, transfer, mortgage, hypothecate and in any and every
way and manner deal in and with goods, wares, merchandise, furniture and
furnishings, automobiles, bills, notes, debentures, bonds, stocks, limited partnership
interests, certificates of deposit, commercial paper, money market instruments, and
other securities, chooses in action and other tangible or intangible personal property in
possession or in a action, for such price, upon such terms and conditions as my agent
shall determine.
6. Contract Powers. To make, do, and transact every kind of
business of whatever nature, and also for me and in my name, and as my act and deed,
to sign, seal, execute, deliver and acknowledge such stock certificates, stock powers,
assignments separate from certificates, deeds, conveyances, leases and assignments of
leases, covenants, indentures, options, letters of intent, contracts, agreements, closing
agreements, certificates, mortgages, hypothecation's, bills of lading, bills, bonds,
debentures, notes, receipts, evidences of debts, releases and satisfaction of mortgage,
judgments and other debts, waivers of statutes of limitation, and such other documents
and instruments in writing of whatever kind and nature as may be necessary or proper
in the premises, as fully as 1 might do if done in my own capacity.
7. Banking Powers. To make, draw, sign in my name, deliver and
execute checks, drafts, receipts for monies, notes, or other orders for the payment of
money against, or otherwise make withdrawals from any commercial bank, or in joint
name with another person, in any bank or financial institution, for any purpose which
my agent may think necessary, advisable or proper; and to endorse and negotiate in
my name and to 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 to deposit same, as cash or for collection, and into any
commercial, checking or savings account which I may have in my sole name or in joint
name with another person, in any bank or financial institution; and to carry on all my
ordinary banking. business.
8. Tax Returns. To prepare, execute and file reports, returns,
declarations, forms and statements for any and all tax purposes induding income tax,
gift tax, real estate tax, personal property tax, intangibles tax, single business tax, or any
other kind of tax whatsoever, to pay such taxes and any interest or penalty thereon or
additions thereto; to make and file objections, protests, claims for abatement, refund or
credit in relation to any such tax proposed, levied or paid; to signify, as may be required
by Section 2513 of the United States Internal Revenue Code of 1954, as amended, or any
corresponding section of any future United States law, my consent to have any gift(s)
made by my agent considered as made by me; to represent me and to institute and
prosecute proceedings in court or before any administrative authority to contest any
such tax in whole or in part or for recovery of any amount paid in respect of any such
tax, to defend or settle any amount paid in respect of any such tax, to give hill and final
receipt for any refund or credit and to endorse and collect any checks or other vouchers
therefor; to pay any and all such taxes and any interest, penalty or other additional
amounts; to employ attorneys, accountants or other representatives and grant powers
000'788
of attorney or letters of appointment thereof for any of the purposes aforesaid. My
Social Security number is
9. Safe Deposit Box. To have access to any safe deposit box of
which I am a tenant or co- tenant with full power to withdraw or change from time to
time the contents thereof; and to exchange or surrender the box and keys thereto,
renew any rental contract therefor, and to do all things which any depository,
assodation, or bank or its agents may require, hereby releasing the lessor from all
liability in connection therewith.
10. Employ Agents. To employ and compensate agents,
accountants, attorneys, appraisers, financial consultants, real estate brokers and other
professional assistants and to retain and compensate such persons for services
rendered; and to waive any attorney /client privilege.
11, Motor Vehicles. To apply for a Certificate of Title upon, and endorse
and transfer title thereto, for any automobile, or other motor vehide, and to represent
in such transfer assignment that the title to said motor vehicles is free and clear of all
liens and encumbrances except those specifically set forth in such transfer assignment.
12. Settlement Powers. To adjust, settle, compromise or submit to
arbitration any accounts, debts, claims, demands, disputes or matters which are now
subsisting or may hereafter arise between me and my agent and any other person or
persons, or in which any property, right, title, interest or estate belonging to or claimed
by me may be concerned.
13. Legal Actions. To commence, prosecute, enforce or abandon, or to
defend, answer, oppose, confess, compromise or settle all claims, suits, actions or other
judicial or administrative proceedings in which I am or may hereafter be interested, or
in which any property, right title, interest or estate belonging to, coming to or daimed
by me may be concerned.
14. Dividends. To receive all dividends which are or shall be payable
on any and all shares of stock in any corporation which may stand in my name on the
books of such corporation or to which I may be, in equity or otherwise, beneficially
entitled; or to elect to reinvest such dividends, all as my agent may deem appropriate.
15. Vote Stock. To vote at all stockholder meetings of corporations
and otherwise to act as my proxy or representative in respect of any shares now held
or which may hereafter be acquired by me therein and for that purpose to sign and
execute any proxies or other instruments in my name and on my behalf.
16. Transfer of Stock. To sell, assign, transfer and deliver all and any
shares of stock standing in my name on the books of any corporation, of which I may
be, in equity or otherwise, beneficially entitled, and for that purpose to make and
execute all necessary acts of assignment and transfer.
3
4
000789
17_ Insurance and Employee Benefit Plans. To redeem, surrender,
borrow, extend, cancel, amend, pledge, alter or change, including change of beneficiary,
any insurance policies in which I may have an interest, as my agent may deem proper
and expedient, and for such purpose to sign and execute any documents, affidavits or
forms required in my name and on my behalf, except however, my agent shall have no
power and authority over life insurance policies I may own on my agent's life; and to
exercise all powers and options involving retirement programs, compensation plans,
pension, profit sharing and other employee benefit plans.
18. Social Security and Governmental Benefits. To make application to
any governmental agency for any benefit or government obligation to which I may be
entitled; to endorse any checks or drafts made payable to me from any government
agency for my benefit, including any social security checks.
19. Business Interest. 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 which I
may be a party, and to sell, exchange, modify or terminate such interest to or with such
person or persons as my agent may deem proper and on such terms and with such
security as my agent may deem appropriate; to execute partnership agreements, and
amendments thereto; 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 the
stock therein.
20. Borrow. To borrow from time to time such sums of money and upon
such terms as my said agent may think expedient for or in relation to any purpose or
object which my agent may deem proper or expedient, unsecured or upon the security
of any of my property, whether real or personal or otherwise, and for such purpose to
give, execute in my name, deliver, and acknowledge promissory notes and /or
renewals thereof, mortgages, pledges and guarantees with such powers and provisions
as my agent may think proper or requisite.
21. Debts and Expenses. To pay, compromise, and settle any and all bills,
loans, notes or other forms of indebtedness owned by me at the present time, or which
may be owed by me or incurred by my agent hereunder for my benefit at any time in
the future, and incur and pay from any of my assets or property all reasonable
expenses in connection 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, accounts or others as my agents may, in the
exercise of his /her discretion, employ in the management of any of my affairs.
22. 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 polities or combinations thereof, or
in any other investment which my agent may deem proper; to reduce the interest rate
at any time and from time to time on any mortgage or land contract; to deal with and
give instructions to any brokerage firm with respect to the purchase, sale or other
00 790
disposition of securities and other assets; to add assets to or withdraw assets from any
account in my name and sign any representation, certification or agreement, including
agreements regarding margin, option trading or commodities accounts, that my agent
deems advisable.
23. Personal and Medical Care. To make each and every judgment
necessary for the proper and adequate care and custody of me and my family; to hire,
fire, employ, pay for and discharge such domestic help, nursing services, and practical
and /or registered nurses as my agent may determine to be in the best interest of my
health; and to give an informed consent or an informed refusal on my behalf with
respect to my physical and mental health care and comfort, including specifically, by
way of illustration only and not by way of limitation:
(1) Any medical care, diagnosis, surgical procedure, therapeutic
procedure and /or other treatment of any type or nature;
(2) Any physical rehabilitation program;
(3) Any dental procedure;
(4) Any psychiatric or psychological care or treatment;
(5) The admission to any hospital, medical center, nursing home, or
mental institution;
(6) The use of any drugs, medication, therapeutic devices, or other
medicines or items related to my health;
(7) The execution of waivers, medical authorizations and such
other approval as may be required to permit or authorize care
which I may need;
(8) The waiver of any doctor /patient privilege;
and in general to take and authorize all acts with respect to my health and well being,
and to expend all amounts in connection therewith, to the extent that 1 could, if
mentally competent to do so. The prices, costs, expenses and compensation insured in
furtherance of the foregoing are all to be within the sole and absolute discretion of my
agent.
24. Restrictions on Agent's Powers.
(1) My agent cannot execute a Will or Codicil on my behalf.
(2) My agent cannot execute any trust on my behalf; however, my
agent can enter into a custodial agreement with a financial
institution having trust powers.
(3) My agent cannot divert the beneficial use of my assets to himself,
his creditors, or his estate (although my agent may have legal
title to the same by virtue of joint ownership or otherwise).
(4) My agent shall not exercise, and shall not be vested with any
incidents of ownership as to insurance policies insuring my
agent's life, owned by me.
(5) My agent is a fiduciary, possessing no general or limited power
of appointment.
5
04)791
(6) My agent shall not exercise any powers which I received from
my agent in a fiduciary capacity, and my agent shall have no
authority to exercise any powers, the exercise of which would
cause assets of mine to be considered as taxable in my agent's
estate for the purpose of the federal estate tax.
25. Benefit Planning. My agent shall be authorized on my behalf to
take such steps as shall be necessary to ensure or enhance my eligibility for
governmental medical and other benefits. The power of my agent shall arise only with
respect to transactions which might involve transfers to my agent or the entry into
contractual relationships with my agent in my agent's individual rather than fiduciary
capacity. My agent's power shall include but not be limited to: the power to enter into
an agreement with my agent with respect to the division of assets which might be
jointly owned by myself and my agent; to make transfers of property to my agent; to
discharge any legal obligation of support I might have with respect to my agent; to
acquire assets jointly with my agent; to convert assets which might be considered in
reducing available governmental benefits into assets which would be exempt from such
consideration; to expend more assets for the joint benefit of myself and my agent; and
to take any and all other actions which might retain, secure or enhance my eligibility for
governmental benefit regardless of whether my agent might incidentally benefit as
well.
26. Interpretation and Governing Law. This instrument is to be construed
and interpreted as a general durable power of attorney. The enumeration of specific
powers is not intended to, nor does it, limit or restrict the general powers herein
granted to my agent. Paragraph headings are for convenience only and are not to be
deemed to be part of this instrument. 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 construction of it s provisions.
27. Third -Party Reliance. Third parties may rely upon the representation of
my agent as to all matters relating to any power granted to my agent, and no person
who may act in reliance upon the representations of my agent or the authority granted
to my agent shall incur any liability to me or my estate as a result of permitting my
agent to exercise arty power, and for the purpose of inducing third parties to rely on
this power of attorney, I warrant that, if this power is revoked by me or otherwise
terminated, I will indemnify and save such third party harmless from any loss suffered
or liability incurred by such third party in good faith reliance on the authority of my
agent prior to such third party's actual knowledge of revocation or termination of this
power of attorney, whether such termination is by operation of law or otherwise. The
warranty shall bind my heirs, devises and personal'representatives.
28. Photographic Copies. Photographic or other facsimile reproductions of
this executed power may be made and delivered by my agent and may be relied upon
by any person to the same extent as though the copy were an original. Anyone who
acts in reliance upon the 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 power.
6
I have signed and delivered this durable power -of- attorney this a( day of May, 2010.
STATE OF WYOMING
COUNTY OF UINTA
The foregoing Durable Power Of Attorney was acknowledged before me this day of May,
2010 by Brian J. Budge.
Witness my hand and official seal.
File Number: 62928DF
Land Title Company
Blank Document 1
Page 1 of 1
Notary Public
'My Commission
GAIL M. STEVER NOTARY PUBLIC
COUNTY OF STATE OF
`n���_
UINTA ,�;3 WYOMING
MY COMMISSION EXPIRES APRIL 26, 2011
00C/792