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HomeMy WebLinkAbout95865660110195.i.J TRUSTEE SUCCESSION AFFIDAVIT 000554 THE UNDERSIGNED, MATTHEW D. BARBER, being first duly sworn upon oath according to law, depose and say as follows: 1. That Harold D. Barber and Beverly I. J. Barber established the Barber Family Trust under agreement dated December 11, 1993. Said Trust was amended on November 17, 2004. "Trust'). 2. That Beverly I. J. Barber died on June 16, 2007. An official copy of her Certificate of Death is attached hereto. 3. That Harold D. Barber died on October 31, 2009. An official copy of his Certificate of Death is attached hereto. 4. That Matthew D. Barber is the Successor Trustee of the Trust. 5. That attached hereto are true and correct copies of pages of the Trust showing due execution of said Trust, showing the designation of Matthew D. Barber as Successor Trustee, and showing the powers held by the Successor Trustee to include all powers conferred by Wyoming law. 6. That this Trustee Succession Affidavit is given pursuant to Wyoming Statutes 34 -2 -123 with respect to the following real estate: a. That property described in the Warranty Deed executed by the Successor Trustee conveying title to Lot 47 of Amended Plat of Bridger Forest c Ranches Subdivision to David G. Barber and Mark G. Barber as tenants in w common, recorded on January 27, 2011 in Book 761 at Page 455 as Receiving a w No. 957818; a copy of said Warranty Deed is attached hereto. co�W w 4 w w z Y b. That property described in the Warranty Deed executed by the O0 (.9 0 Y Successor Trustee conveying title to the "Description 627 -200" property to Dallas in Q Q x E, w K. Barber, John Scott Barber, Karen Jane Scott, Michael D. Barber, and Valerie J rn Z U Lynn Robertson, recorded on January 27, 2011 in Book 761 at Pages 456 and 457 M z Q as Receiving No. 957819; a copy of said Warranty Deed is attached hereto. W w 0 U Y 0 II O ILI 0 TRUSTEE SUCCESSION AFFIDAVIT re Z MATTHEW D. BARBER 11 PAGE 1 OF 2 7. By reason of the deaths of Harold D. Barber and Beverly I. J. Barber, the undersigned because the Successor Trustee of the Trust, having all power and authority afford to the trustees pursuant to the Trust and the laws of the State of Wyoming, including the powers to mortgage, convey, or otherwise dispose of real estate or any interest therein in the Trust. DATED this Q of March, 2011. STATE OF WYOMING SS. COUNTY OF LINCOLN day of March, 2011 WITNESS my hand and official seal. CHRISTINA K. ALLRED NOTARY PUBLI County of State of Lincoln Wyoming MY COMMISSION EXPIRES: 4 30 2013 My Commission expires: y -13 TRUSTEE SUCCESSION AFFIDAVIT MATTHEW D. BARBER PAGE 2 OF 2 000555 SUBSCRIBED AND SWORN TO before me by Matthew D. Barber on this, the NOTARY PUBLIC Residence: Marital Status: Armed Forces: Name of Father: Name of Mother: Informant: Funeral Home or Facility: Other Significant Conditions: Manner of Death: Certifier: Type: Name: Address: Date Filed: CERTIFICATIO ITAL RECORD Bedford, Wyoming Married Harold Dean Barber. No Ray Brennan Margaret Cole Harold Dean Barber Natural Death Physician Orson D. Perkes, M.D. 110 Hospital Ln, Afton, WY 831.10. June 21, 2007 STATE OF WYOMING This copy is not valid unless prepared 'on paper with an engravcd.border, DEPARTMENT OF HEALTH CERTIFICATE OF-DEATH Disposition: Method of Disposition: Burial Place of Disposition: Bedford Cemetery, Bedford, Wyoming This is a true certification of the document on file in the office of Vital Records Services, Cheyenne, Wyoming. DATE ISSUED: Monday, December 07, 2009 Decedent: State File Number: 2007. 001785 Name: Beverly I.J.Barber Gender: Female Social Security Number: Date of Birth: January 28, 1938 Ageaf the Time of Death: 69 years Date4nd Place of Death: Date of Death: June 16, 2007.. County of Death: Lincoln City of Death: Bedford Location: 124 Bridger Road; Bedford, W y 83112 Additional Decedent Information: Place of Birth: Ottowa, Ontario, Canada Husband Facility: Schwab Mortuary, Afton, Wyoming Cause of Death: The immediate cause is listed on the first line followed by any underlying causes: Interval: (a) Metastatic Carcinoma,Rectum 6 Years Time .ofi.Death: 04:45 :(Actual) Gladys K. Breeden Deputy State Registrar sn _4 Date and Place of Death: Date of Death: City of Death: Bedford Location: 148 Bridger Rd. Additional Decedent Information: Place of Birth: Scenic, South. Dakota Bedford, Wyoming Widowed Yes Francis. Marion Barber; Mary Elizabeth Armijo Matthew D. Barber Residence: Marital Status: Armed Forces: Name of Father: Name of Mother: Informant: Disposition: Method of Disposition: Burial Place of Disposition: Funeral Home or Facility: Facility: Other Significant Conditions: Manner of Death: Certifier: Type: Name: Address: Date Filed: CERTIFICATION OF VITAL RECORD a Harold Dean Barber Mate March 02, 1933 STATE OF WYOMING DEPARTMENT OF HEALTH Bedford Cemetery, Bedford, Wyoming Cause of Death The immediate cause is listed on the first line followed by any underlying causes. (a) Carcinoma Colon Natural Death Physician Orson D. Perkes, M.D. 110 Hospital Lane, Afton, Wyoming, 83110 November 09, 2009 This is a true certification of the document on file in the office of Vital Records Services, Cheyenne, Wyoming 'DATE ISSUED: Tuesday, November 10, 2009 This copy, is not valid unless prepared on paper with an engrnv.ed.border. State File Number: Social Security Nutnber: Age at the Time of Death: Rej ationship: 2009 003236 76 years County of Death: Lincoln Time of Death: 23:00 (Actual) Gladys K. Breeden Deputy State Registrar I nterval 6 Months i AS TO: MADE: BY AND BETWEEN: O F T I N D E N T U R E -9 U.$ B A R B E R F A M I L• Y T..£ U S T" HAROLD D. BARBER, a/k/a and his wife, BEVERLY a /k /a BEVERLY BARBER, Wyoming (referred Indenture as "Trustor," gender or number.) 000558 On the j) day of D 'Cek-4.G3R, 1993 DEAN BARBER, 1. J. BARBER, of Thayne, to in this regardless of AND HAROLD D. BARBER, a /k /a DEAN BARBER, and his wife, BEVERLY I. J. BARBER, a /k /a BEVERLY BARBER, (referred to in this Indenture as "Trustee," regardless of gender or number.) That property described in Schedule A attached as a part of this Indenture, and any future additions to the Trust, all of which shall constitute the trust estate subject to administration hereunder which shall be held by Trustee, I N T R U S T N E V E R T H E L E S S ON THE TERMS OF THE FOLLOWING PARAGRAPHS: PARAGRAPH ONE THE. NAME OF THE TRUST ¶1.1. The Trust established under this Indenture shall be known for all purposes as the BARBER FAMILY TRUST (referred to in this Indenture as "the trust PARAGRAPH TWO 000559 THE TRUST ESTATE 42.1. The property described in Schedule A shall constitute the initial trust estate. 42.2. Trustee shall always be authorized and empowered to receive additional property, by gift, Will or otherwise, from Trustor or any other person, as additions to the trust estate under this Indenture. Upon receipt of any such additional property, Trustee shall administer and distribute the same as part of the trust estate in accordance with the provisions of this Indenture. PARAGRAPH THREE THE GENERAL ACTIVITIES OF TRUSTEE 43.1. During the term of the Trust, Trustee shall hold, manage, invest and reinvest the trust estate, collect the income and profits therefrom, pay the necessary expenses of administration, and distribute the net income and principal as provided in this Indenture. PARAGRAPH FOUR THE RIGHTS RESERVED BY TRUSTOR 44.1. Trustor reserves the right to remove any property or benefits payable to the Trust from the operation of this Trust by notifying; Trustee of such removal in writing. Trustor reserves the right to increase the trust estate by delivering additional property to Trustee. 44.2. Trustor reserves the right to alter, amend, 2 '0005s0 The, i Trust shall always .be administered .,free from ,t,lie.activeslapervision of any Court and in any jurisdiction deemed ..advisable by ;t'rustee, but in the event Trustee., shall determine to seek' "instructions or court determinations at any time, the same shall be sought from the appropriate state court having original jurisdiction of matters relating to the construction and administration of trusts ¶10.3. Trustor may remove any Trustee acting hereunder from time to time and designate a replacement. Trustor may also fill any vacancy in the trusteeship and may add additional,brustees from time to time. ¶10.4. Upon the death or incompetency of both DEAN BARBER and BEVERLY BARBER, then MATTHEW D. BARBER, Trustors' son, of Thayne, Wyoming, is hereby designated to serve as successor Trustee hereunder. Upon the death or incompetency, resignation or refusal to serve of MATTHEW D. BARBER, then DALLAS K. BARBER, Trustors' son, shall serve as Trustee, and upon the death, or incompetency, resignation or refusal to serve of DALLAS K. BARBER, then the District Court sitting in Lincoln County, Wyoming shall appoint someone as Trustee. Any Trustee hereunder may resi by giving at least thirty (30) days prior written notice to Trustor, if living, and otherwise to the adult beneficiaries of the income of the Trust. 12 00056± 1110.5. No successor Trustee acting under this Indenture shall be liable or responsible in any way for the acts or defaults of any predecessor Trustee, or for any loss or expense incurred by any predecessor Trustee. 1110.6. As used throughout this Indenture, the word "Trustee" shall always refer to the original Trustee as well as to any other alternate or successor person or institution from time to time acting, whether in fact there shall be one or more Trustees acting from time to time. PARAGRAPH ELEVEN ADMINISTRATIVE POWERS OF TRUSTEE ¶11.1. In administering the Trust under this Indenture, Trustee shall have and is hereby granted all those power enumerated in the Wyoming Uniform Trustees' Powers Act, as such Act may hereafter from time to time be amended, together with all statutory or common law powers accorded to trustees, except to the extent that contrary directions are expressly set forth in this Indenture. For purposes of administration of the Trust in any jurisdiction in which said Act is not applicable statutory law, said Act as it exists at the time of the execution of this Indenture is incorporated herein and made a part hereof by reference as fully as if the same were set out at length in this Indenture, and Trustee shall have, in any such jurisdiction, all those powers enumerated in said Act, subject to any 13 STATE OF WYOMING COUNTY OF LINCOLN ss. 04-‘7-- HAROLD D. BARBER, a /k /a DEAN BARBER BEVERL BARBER 20 000562 incOmpe.te;nt;'. the-. word "Trustor" ,.shall mean and refer to the surv�.vor r coairp.ete;nt one and the survivor 0.r 'competent one shall have all powers, authority and rights to act as though he or she were the sole Trustor of this Trust, including, but not limited to, the right of revocation and /or modification of any or all of this Trust. PARAGRAPH SEVENTEEN ¶17.1. Be it understood that the word "Trustee" when used in this Trust shall mean DEAN BARBER and BEVERLY BARBER acting together, so long as they are both alive and competent. However, should either DEAN BARBER or BEVERLY BARBER die or become incompetent, the word "Trustee" shall mean and refer to the survivor or competent one and the survivor or competent one shall have all powers, authority and rights to act as though he or she were the sole Trustee of this Trust. After the death of DEAN BARBER and BEVERLY BARBER, the word "Trustee" shall have its ordinary meaning. IN WITNESS WHEREOF, the undersigned has hereunto set their hands on the day and year first above written. BARBER, a /k /a BEVERLY 000563 The foregoing "Indenture of Trust of the Barber Family Trust" was acknowledged before me this J/h day of tlec cssnlrGR 1993 by Harold D. Barber, a /k /a Dean Barber and Beverly I. J. Barber, a /k /a Beverly Barber. WITNESS my hand and offici 1 seal. No tary r Publl My Commission Expires: 6 `"!.7 7 AMENDMENT TO THE INDENTURE OF TRUST OF THE BARBER FAMILY TRUST DATED DECEMBER 11, 1993 000564 THIS AMENDMENT TO THE INDENTURE OF TRUST OF THE BARBER FAMILY TRUST dated December 11, 1993 is made by and between Harold D. Barber a/k/a Dean Barber and Beverly I. J. Barber a/k/a Beverly Barber, as Trustors, and Harold D. Barber a/k/a Dean Barber and Beverly I. J. Barber a/k/a Beverly Barber, Trustees of the Barber Family Trust dated December 11, 1993, as Trustees of said Trust. The parties agree that the said Indenture of Trust is hereby amended as follows: 1. In PARAGRAPH SEVEN DISPOSITIONS FOR TRUSTOR'S FAMILY, Subparagraph (A) is deleted. 2. In PARAGRAPH SEVEN DISPOSITIONS FOR TRUSTOR'S FAMILY, the first sentence of Subparagraph (B) is amended to read as follows: (B) The remainder of all my (our) property, both real and personal, shall be distributed to the following of my (our) children, MICHAEL D. BARBER, MARK G. BARBER, DALLAS K. BARBER, VALERIE LYNN BARBER (ROBERTSON), DAVID G. BARBER, JOHN SCOTT BARBER, and KAREN JANE BARBER AMENDMENT TO THE INDENTURE OF TRUST OF THE BARBER FAMILY TRUST DATED DECEMBER 11, 1993 PAGE 1 OF 3 (SCOTT), share and share alike. My (our) other child, MATTHEW D. BARBER is intentionally excluded from said distribution of property. 3. In PARAGRAPH TEN THE TRUSTEESHIP, Paragraph 10.4. is amended to read as follows: ¶10.4. Upon the death or incompetency of both DEAN BARBER and BEVERLY BARBER, then MATTHEW D. BARBER, Trustors' son, is hereby designated to serve as successor Trustee hereunder. Upon the death or incompetency, resignation or refusal to serve of MATTHEW D. BARBER, then DALLAS K. BARBER, Trustors' son, shall serve as successor Trustee, and upon the death or incompetency, resignation or refusal to serve of DALLAS K. BARBER, then VALERIE LYNN BARBER (ROBERTSON), Trustors' daughter, is hereby designated to serve as successor Trustee hereunder. Any Trustee hereunder may resign by giving at least thirty (30) days prior written notice to Trustor(s), if living, and otherwise, to the adult beneficiaries of the income of the Trust. 4. All remaining provisions of the Trust are hereby ratified and affirmed as set forth in said Indenture of Trust signed December 11, 1993. day of November, 2004. AMENDMENT TO THE INDENTURE OF TRUST OF THE BARBER FAMILY TRUST DATED DECEMBER 11, 1993 PAGE 2 OF 3 000565 IN WITNESS WHEREOF, the undersigned have hereunto set their hands on the 76, J f- -e‘teeA) HAROLD D. BARBER BEVERL I. J. BARBER a /k/a DEAN BARBER, TRUSTOR a /k/a BEVERLY BARBER, TRUSTOR WITNESS my hand and official seal. M. KEVIN VOYLES NOTARY PUBLIC County o f M J y State of Lincoln: Wyoming My Commission Expires July 16, 2007 My Commission expires: D'P'I 6 /o'7 STATE OF WYOMING SS. COUNTY OF LINCOLN SUBSCRIBED, SWORN TO, AND ACKNOWLEDGED before me by Harold D. Barber a/k/a Dean Barber and Beverly I. J. Barber a/k/a Beverly Barber this 1'7-f1 day of November, 2004. STATE OF WYOMING SS. COUNTY OF LINCOLN SUBSCRIBED, SWORN TO, AND ACKNOWLEDGED before me by Harold D. Barber a/k/a Dean Barber and Beverly I. J. Barber a/k/a Beverly Barber as Trustees of the of the Barber Family Trust dated December 11, 1993 this 1'7* day of November, 2004. HAROLD D. BARBER a/k/a DEAN BARBER, TRUSTEE of the Barber Family Trust dated December 11, 1993 WITNESS my hand and official seal. M. KEVIN VOYLES NOTARY PUBLIC County of Wyomi g Lincoln Commission Expirre July 16, 2007 My Commission expires: o ((x'07 NOTA Y PUBLIC AMENDMENT TO THE INDENTURE OF TRUST OF THE BARBER FAMILY TRUST DATED DECEMBER 11, 1993 PAGE 3 OF 3 000566 i i BEVERL I. r ARBER a/k/a BEVERLY BARBER, TRUSTEE of the Barber Family Trust dated December 11, 1993 KNOW ALL PERSONS BY THESE PRESENTS, that MATTHEW D. BARBER, TRUSTEE of The Barber Family Trust dated December 11, 1993, c/o P.O. Box 1496, Thayne, Wyoming 83127, for and in consideration of Ten Dollars and other good and valuable consideration, in hand paid, receipt of which is hereby acknowledged, hereby CONVEYS AND WARRANTS to DAVID G. BARBER, P.O. Box 472, Thayne, Wyoming 83127, an undivided fifty -two and seven -tenths percent (52.70 interest, and to MARK G. BARBER, P.O. Box 202, Thayne, Wyoming 83127, an undivided forty -seven and three -tenths percent (47.30 interest, as tenants in common, and their heirs and assigns, the following described real estate situate in Lincoln County, State of Wyoming, to wit: Lot 47 of Amended Plat Bridger Forest Ranches Subdivision, Lincoln County, Wyoming, as described on the official plat thereof. Including and together with all improvements and appurtenances thereon and thereunto belonging, but subject to taxes, reservations, covenants, conditions, restrictions, rights -of -way, and easements of sight and record. WITNESS my hand this I S day of November, 2010. RECEIVED 1/27/2011 at 1 0:54 AM RECEIVING 957818 BOOK: 761 PAGE: 455 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY STATE OF WYOMING SS. COUNTY OF LINCOLN ACKNOWLEDGED before me on this 164 day of November, 2010, by Matthew D. Barber, Trustee of The Barber Family Trust dated December 11, 1993, pursuant to authority provide to him as Trustee of said Trust. WITNESS my hand and official seal. M. KEVIN VOYLES NOTARY PUBLIC COUNTY OF ?i; STATE OF LINCOLN WYOMING MY COMMISSION EXPIRES JULY 16, 2011 My Commission expires: e7/ /b 1 11 WARRANTY DEED 000567 000455 TTHEW D. BARBER, RUSTEE of The Barber Family Trust dated December 11, 1993 1 4 7,1 KNOW ALL PERSONS BY THESE PRESENTS, that MATTHEW D. BARBER, TRUSTEE of The Barber Family Trust dated December 11, 1993, c/o P.O. Box 1496, Thayne, Wyoming 83127, for and in consideration of Ten Dollars and other good and valuable consideration, in hand paid, receipt of which is hereby acknowledged, hereby CONVEYS AND WARRANTS to DALLAS K. BARBER, a single man, 222 F American Road, Gillette, Wyoming 82716, to JOHN SCOTT BARBER, a single man, P.O. Box 182, Thayne, Wyoming 83127, to KAREN JANE SCOTT, a married woman, P.O. Box 1966, Camp Verde, Arizona 86322, to MICHAEL D. BARBER, a married man, 222 F American Road, Gillette, Wyoming 82716, and to VALERIE LYNN ROBERTSON, a married woman, 303 South 9th, Montpelier, Idaho 83254, as tenants in common, and their heirs and assigns, the following described real estate situate in Lincoln County, State of Wyoming, to wit: That parcel described in the property description titled "Description 627 200 attached hereto and incorporated herein by reference. Including and together with all improvements and appurtenances thereon and thereunto belonging, but subject to taxes, reservations, covenants, conditions, restrictions, rights -of -way, and easements of sight and record. WITNESS my hand this 1 cl,h day of November, 2010. RECEIVED 1/27/2011 at 10:59 AM RECEIVING 957819 BOOK: 761 PAGE: 456 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY STATE OF WYOMING SS. COUNTY OF LINCOLN ACKNOWLEDGED before me on this day of November, 2010, by Matthew D. Barber, Trustee of The Barber Family Trust dated December 11, 1993, pursuant to authority provide to him as Trustee of said Trust. WITNESS my hand and official seal. M. KEVIN VOYLES NOTARY PUBLIC COUNTY OF STATE OF LINCOLN I WYOMING MY COMMISSION EXPIRES JULY 16, 2011 My Commission expires: d7 /N/I WARRANTY DEED 00045E ,nsn,�•,svo.s�¢ fen_ M THEW D. B' ER, T USTEE of The Barber Family Trust dated December 11, 1993 Ouua i 000569 000457 Description 627 -200 The property as intended to be in the Deed recorded in Book 627, on Page 200, with the Office of the Clerk of Lincoln County, Wyoming, within the NE1 /4 of Section 23, T34N, R119W, of the 6th P.M., Thayne, Lincoln County, Wyoming, the metes and bounds being more particularly described as follows: BEGINNING at the Northwest corner of Tract C, as delineated on the Map titled Plat of Tracts, recorded with Document No. 684974, on Map No. 43G, with said Office, also being a Point in the East line of U.S. Highway 89 (Main Street), said Point of Beginning being 743.78 feet N4 °52'23 "E from the H. Knowlton Jr. RLS 597, 1973 location for the Southwest Corner of said NE1 /4 of said Section 23, also said Point of Beginning being 477.19 feet N0 °25'56 "E, along said East line from the Wyoming Department of Transportation marker for PT Station 1418 +58.5 40 feet Right, established in accordance with said Map; thence N0 °25'56 "E, along said East line, 93.59 feet to a Point in the South line of the T- Covenant Inc. property, as referred to in the Deed recorded with Receiving No. 920507, in Book 627, on Page 197, with said Office; thence S89 °08'59 "E, along said South line, of said T- Covenant Inc. property, 75.35 feet to the Southeast corner thereof; thence NO °51'01 "E, along the East line of said T- Covenant Inc. property, 27.97 feet to a Point in the South line of the Prazma property, as referred to in the Deed recorded with Document No. 898920, in Book 553PR, on Page 896, with said Office; thence S89 °08'59 "E, along said South line of said Prazma property, 57.16 feet to the Northwest corner of the Barber property, as referred to in the Deed recorded with Receiving No. 904674, in Book 573, on Page 15 -16, with said Office; thence S1 °30'40 "W, along the West line of said Barber property, 119.32 feet to the Northeast corner of said Tract C; thence S89 °51'47 "W, along the North line of said Tract C, 130.47 feet, to the Point of Beginning, Encompassing 0.32± Acres of land. TOGETHER WITH and SUBJECT TO: ALL Easements, Exceptions, Restrictions, Reservations, Rights -of -Way, Improvements, including but not limited to Conditions of sight and or record.