HomeMy WebLinkAbout958401DURABLE POWER OF ATTORNEY FOR FINANCIAL
MANAGEMENT
WARNING TO PERSON EXECUTING THIS DOCUMENT
THIS IS AN IMPORTANT LEGAL DOCUMENT. IT CREATES A DURABLE
POWER OF ATTORNEY. BEFORE EXECUTING THIS DOCUMENT, YOU
SHOULD KNOW THESE IMPORTANT FACTS:
THIS DOCUMENT MAY PROVIDE THE PERSON YOU DESIGNATE AS YOUR
ATTORNEY -IN -FACT WITH BROAD LEGAL POWERS, INCLUDING THE
POWERS TO MANAGE, DISPOSE, SELL AND CONVEY YOUR REAL AND
PERSONAL PROPERTY AND TO BORROW MONEY USING YOUR
PROPERTY AS SECURITY FOR THE LOAN.
THESE POWERS WILL CONTINUE TO EXIST EVEN IF YOU BECOME
DISABLED OR INCAPACITATED. THESE POWERS WILL EXIST UNTIL YOU
REVOKE OR TERMINATE THIS POWER OF ATTORNEY. YOU HAVE THE
RIGHT TO REVOKE OR TERMINATE THIS POWER OF ATTORNEY AT ANY
TIME.
THIS DOCUMENT DOES NOT AUTHORIZE ANYONE TO MAKE MEDICAL OR
OTHER HEALTH CARE DECISIONS FOR YOU.
IF THERE IS ANYTHING ABOUT THIS FORM THAT YOU DO NOT
UNDERSTAND, YOU SHOULD ASK A LAWYER TO EXPLAIN IT TO YOU.
1. Principal and Attorney -in -Fact
PRINCIPAL
Carolyn Knowles Fauber
3779 Strawberry Creek Road
Bedford, Wyoming 83112
I, Carolyn Knowles Fauber, appoint the
fact to act for me in any lawful way with
4, below.
RECEIVED 3/9/2011 at 9:45 AM
RECEIVING 958401
BOOK: 763 PAGE: 440
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
person named below as my attorney -in-
respect to the powers delegated in Part
Durable Power of Attorney for Financial Management Page 1 of 11
ATTORNEY -IN -FACT
Michael S. Fauber
3779 Strawberry Creek Road
Bedford, Wyoming 83112
Main phone: 307 883 -2782
SUCCESSOR ATTORNEY -IN -FACT
I name the following person to act as my attorney -in -fact if the named attorney -in-
fact dies, resigns, or is otherwise unable to serve.
Shannon D. Fauber
2453 Elon Road
Madison Heights, Virginia 24572
2. Delegation of Authority
My attorney -in -fact may not delegate any authority granted under this durable
power of attorney.
3. Effective Date
This power of attorney is effective immediately, and shall continue in effect if I
become incapacitated or disabled.
4. Powers of Attorney -in -Fact
I grant my attorney -in -fact power to act on my behalf in the following matters, as
indicated by my initials next to each granted power.
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INITIALS
X 411 9 (1) Real estate transactions. (2) Banking and other financial institution transactions.
t (3) Business operating transactions.
XX (4) Insurance and annuity transactions.
(5) Estate, trust, and other beneficiary transactions.
X (6) Living trust transactions.
X (7) Legal actions.
X�`L (8) Personal and family care.
X (9) Pet care.
X( (10) Government benefits.
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X (w (11) Retirement plan transactions.
X (12) Tax matters.
These powers are defined in Part 11, below.
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5. Compensation and Reimbursement of Attorney -in -Fact
My attorney -in -fact shall not be compensated for services, but shall be entitled to
reimbursement, from my assets, for reasonable expenses. Reasonable
expenses include but are not limited to reasonable fees for information or advice
from accountants, lawyers or investment experts relating to my attorney -in- fact's
responsibilities under this power of attorney.
6. Personal Benefit to Attorney -in -Fact
My attorney -in -fact may buy any assets of mine or engage in any transaction he
or she deems in good faith to be in my interest, no matter what the interest or
benefit to my attorney -in -fact. However, if a successor attorney -in -fact is serving
under this document, he or she may not benefit personally from any transaction
engaged in on my behalf.
7. Commingling by Attorney -in -Fact
My attorney -in -fact may not commingle any of my funds with any funds of his or
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hers.
8. Liability of Attorney -in -Fact
My attorney -in -fact shall not incur any liability to me, my estate, my heirs,
successors or assigns for acting or refraining from acting under this document,
except for willful misconduct or gross negligence. My attorney -in -fact is not
required to make my assets produce income, increase the value of my estate,
diversify my investments or enter into transactions authorized by this document,
as long as my attorney -in -fact believes his or her actions are in my best interests
or in the interests of my estate and of those interested in my estate. A successor
attorney -in -fact shall not be liable for acts of a prior attorney -in -fact.
9. Reliance on This Power of Attorney
Any third party who receives a copy of this document may rely on and act under
it. Revocation of the power of attorney is not effective as to a third party until the
third party has actual knowledge 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.
10. Severability
If any provision of this document is ruled unenforceable, the remaining
provisions shall stay in effect.
11. Definition of Powers Granted to Attorney -in -Fact
The powers granted in Part 4, above, authorize my attorney -in -fact to do the
following:
(1) Real estate transactions
My attorney -in -fact may act for me in any manner to deal with all or any part
of any interest in real property that I own at the time of execution of this
document or later acquire, under such terms, conditions and covenants as
my attorney -in -fact deems proper. My attorney -in- fact's powers include but
are not limited to the power to:
(a) Accept as a gift, or as security for a loan, reject, demand, buy, lease,
receive or otherwise acquire ownership or possession of any estate or
interest in real property.
(b) Sell, exchange, convey with or without covenants, quitclaim, release,
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00,1./443
surrender, mortgage, encumber, partition or consent to the partitioning of,
grant options concerning, lease, sublet or otherwise dispose of any
interest in real property.
(c) Maintain, repair, improve, insure, rent, lease, and pay or contest taxes or
assessments on any estate or interest in real property I own or claim to
own.
(d) Prosecute, defend, intervene in, submit to arbitration, settle and propose
or accept a compromise with respect to any claim in favor of or against
me based on or involving any real estate transaction.
(2) Banking and other financial institution transactions
My attorney -in -fact may do any act that I can do through an agent in
connection with any banking transaction that might affect my financial or
other interests. My attorney -in- fact's powers include but are not limited to the
power to:
(a) Continue, modify and terminate any deposit account or other banking
arrangement, or open either in the name of the agent alone or my name
alone or in both our names jointly, a deposit account of any type in any
financial institution, rent a safe deposit box or vault space, have access to
a safe deposit box or vault to which I would have access, and make other
contracts with the institution.
(b) Make, sign and deliver checks or drafts, and withdraw my funds or
property from any financial institution by check, order or otherwise.
(c) Prepare financial statements concerning my assets and liabilities or
income and expenses and deliver them to any financial institution, and
receive statements, notices or other documents from any financial
institution.
(d) Borrow money from a financial institution on terms my attorney -in -fact
deems acceptable, give security out of my assets, and pay, renew or
extend the time of payment of any note given by or on my behalf.
(3) Business operating transactions
My attorney -in -fact may do any act that I can do through an agent in
connection with any business operated by me that my attorney -in -fact deems
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desirable. My attorney -in- fact's powers include but are not limited to the
power to:
(a) Perform any duty and exercise any right, privilege or option which I have
or claim to have under any contract of partnership, enforce the terms of
any partnership agreement, and defend, submit to arbitration or settle any
legal proceeding to which I am a party because of membership in a
partnership.
(b) Exercise in person or by proxy and enforce any right, privilege or option
which I have as the holder of any bond, share or instrument of similar
character and defend, submit to arbitration or settle a legal proceeding to
which I am a party because of any such bond, share or instrument of
similar character.
(c) With respect to a business owned solely by me, continue, modify, extend
or terminate any contract on my behalf, demand and receive all money
that is due or claimed by me and use such funds in the operation of the
business, engage in banking transactions my attorney -in -fact deems
desirable, determine the location of the operation, the nature of the
business it undertakes, its name, methods of manufacturing, selling,
marketing, financing, accounting, form of organization and insurance, and
hiring and paying employees and independent contractors.
(d) Execute, acknowledge, seal and deliver any instrument of any kind that
my attorney -in -fact thinks useful to accomplish any purpose listed in this
section.
(e) Pay, compromise or contest business taxes or assessments.
(f) Demand and receive money or other things of value to which I am or
claim to be entitled as the proceeds of any business operation, and
conserve, invest, disburse or use anything so received for purposes listed
in this section.
(4) Insurance and annuity transactions
My attorney -in -fact may do any act that I can do through an agent, in
connection with any insurance or annuity policy, that my attorney -in -fact
deems desirable. My attorney -in- fact's powers include but are not limited to
the power to:
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(a) Continue, pay the premium on, modify, rescind or terminate any annuity
or policy of life, accident, health, disability or liability insurance procured
by me or on my behalf before the execution of this power of attorney.
(b) Procure new, different or additional contracts of health, disability, accident
or liability insurance on my life, modify, rescind or terminate any such
contract and designate the beneficiary of any such contract.
(c) Sell, assign, borrow on, pledge, or surrender and receive the cash
surrender value of any policy.
(5) Estate, trust and other beneficiary transactions
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. My attorney -in- fact's authority includes the power to
disclaim, release or renounce any assets which I am, may become or claim to
be entitled, as a beneficiary, to a share or payment.
(6) Living trust transactions
My attorney -in -fact may transfer ownership of any property over which he or
she has authority under this document to the trustee of a revocable trust I
have created as settlor. Such property may include real property, stocks,
bonds, accounts with financial institutions, insurance policies or other
property.
(7) Legal actions
My attorney -in -fact may act for me in all matters that affect claims in favor of
or against me and proceedings in any court or administrative body. My
attorney -in- fact's powers include but are not limited to the power to:
(a) Hire an attorney to assert any claim or defense before any court,
administrative board or other tribunal.
(b) Submit to arbitration or mediation or settle any claim in favor of or against
me or any litigation to which I am a party, pay any judgment or settlement
and receive any money or other things of value paid in settlement.
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(8) Personal and family care
My attorney -in -fact may do all acts necessary to maintain my customary
standard of living, and that of my spouse and children and other persons
,customarily supported by or legally entitled to be supported by me. My
attorney -in- fact's powers include but are not limited to the power to:
(a) Pay for medical, dental and surgical care, living quarters, usual vacations
and travel expenses, shelter, clothing, food, appropriate education and
other living costs.
(b) Continue arrangements with respect to automobiles or other means of
transportation, charge accounts, discharge of any services or duties
assumed by me to any parent, relative or friend, contributions or
payments incidental to membership or affiliation in any church, club,
society or other organization.
(9) Pet care
My attorney -in -fact may use my funds or other property as reasonably
necessary to provide for the health, care, and welfare of any pets or animals
that belong to me, including (but not limited to) expenditures for food,
veterinary care, grooming, toys, day care, and temporary boarding or pet
sitting fees. I grant my attorney -in -fact the authority to maintain my pets or
animals in the same standard of health, care, and welfare as I have done. For
purposes of this document, any actions taken by my attorney -in -fact for the
benefit of my pets or animals shall be considered taken for my own benefit.
(10) Government benefits
My attorney -in -fact may act for me in all matters that affect my right to
government benefits, including Social Security, Medicare, Medicaid, or other
governmental programs, or civil or military service. My attorney -in- fact's
powers include but are not limited to the power to:
(a) Prepare, execute, file, prosecute, defend, submit to arbitration or settle a
claim on my behalf to benefits or assistance, financial or otherwise.
(b) Receive the proceeds of such a claim and conserve, invest, disburse or
use them on my behalf.
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(11) Retirement plan transactions
My attorney -in -fact may act for me in all matters that affect my retirement
plans. My attorney -in- fact's powers include but are not limited to the power to
select payment options under any retirement plan in which I participate, make
contributions to those plans, exercise investment options, receive payment
from a plan, roll over plan benefits into other retirement plans, designate
beneficiaries under those plans and change existing beneficiary designations.
(12) Tax matters
My attorney -in -fact may act for me in all matters that affect my local, state
and federal taxes. My attorney -in- fact's powers include but are not limited to
the power to:
(a) Prepare, sign and file federal, state, local and foreign income, gift, payroll,
Federal Insurance Contributions Act returns and other tax returns, claims
for refunds, requests for extension of time, petitions, any power of
attorney required by the Internal Revenue Service or other taxing
authority, and other documents.
(b) Pay taxes due, collect refunds, post bonds, receive confidential
information, exercise any election available to me and contest deficiencies
determined by a taxing authority.
Durable Power of Attorney for Financial Management Page 9 of 11
000448
I understand the importance of the powers I delegate to my attorney -in -fact in
this document. I recognize that the document gives my attorney -in -fact broad
powers over my assets, and that these powers will become effective as soon as I
sign this document and continue indefinitely unless I revoke this durable power
of attorney.
Signed this 7 day of
State of Wyo g, County of
Signature:
Signature:
Print Name:
z-0 i/
WITNESSES
On the date written above, the principal declared to me that this instrument is her
durable power of attorney, and that she willingly executed it as a free and
voluntary act. The principal signed this instrument in my presence.
Mr"
VIM
Address: iA -k6t' �{ul '241 Fan W' r`lQ1,10
Signature: 1 1 4D r
Print Name: f t e 4,( t Oy
Address: 5 -D k-r Ou-ek K--c G ,014
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000449
CERTIFICATE OF ACKNOWLEDGMENT OF NOTARY PUBLIC
State of )1 O m,,-vo
ss.
County of Lt r 1Co
On M c_k rsi aO 11 before me,
a notary public in and for said state,
C o 1 ,r, Pak Ira personally
known to me (or proved on the basis of satisfactory evidence) to be the person
whose name is subscribed to the within instrument, and acknowledged to me
that she executed the same in her authorized capacity and that by her signature
on the instrument the person, or the entity upon behalf of which the person
acted, executed the instrument.
personally appeared
15, 2014
HEIDI L CLAYE NOTARY PUBLIC
County of 1 Stele of
Lincoln Wyoming
.......•..rte
my Commission Expires Febru
[NOTARIAL SEAL]
WITNE my hand and official seal.
Notary Public
My commission expires: d /is /ao iy
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