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HomeMy WebLinkAbout959208says: RECEIVED 5/9/2011 at 10:31 AM RECEIVING 959208 BOOK: 766 PAGE: 434 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 000434 AFFIDAVIT ESTABLISHING SUCCESSOR TRUSTEE STATE OF UTAH County of Cache L. BRENT HOGGAN, being first duly sworn on oath deposes and ss 1. He is a resident of North Logan, Cache County, Utah, over the age of twenty -one (21) and is competent by personal knowledge to state and swear to the things hereinafter contained. 2. He was the attorney for STERLING L. WEBER during his lifetime and is the attorney for MARIAN C. WEBER at this time. 3. On April 28, 1977, STERLING L. WEBER, and MARIAN C. WEBER "Webers made and executed a Declaration of Trust, creating the STERLING L. WEBER FAMILY REVOCABLE TRUST "Trust By the terms of the Trust as amended by a First Amendment to the Trust dated October 28, 2008, Webers declared themselves as the Trustees thereof and, upon the death of the first of them to die designated the survivor of them as Trustee of the Trust and in the event of the death or incompetency of either or both of them, determined by two physicians selected by the co- Trustee or successor Trustee, designated JULIE W. WILEY as Successor Trustee. 4. STERLING L. WEBER died on September 23, 2009. STERLING L. WEBER is one in the same person as STERLING LAWRENCE WEBER named in the State of Utah Department of Health Certificate of Death, State File No. 2009023395, a certified copy of which is attached to and by reference made a part of this Affidavit. 5. Upon the death of STERLING L. WEBER, MARIAN C. WEBER became the Trustee of the Trust. 6. MARIAN C. WEBER has become incompetent and her incompetency is established by the Statements of Steven S. Salisbury, M.D. and James W. Blotter, M.D. 7. JULIE W. WILEY has, in writing, accepted the Trusteeship of the Trust. A copy of her acceptance dated May 6, 2011 is DATED this 6 day of May, 2011. STATE OF UTAH ss County of Cache LBH /beh J: \LBH\ ESTATE\ Weber.Sterling.Marian \Weber.Aff Est ST.doc N -11754 2 000435 attached to this Affidavit and by this reference made a part hereof. 8. One of the assets of the Trust is a Mortgage covering real property situated in Lincoln County, Wyoming and legally described on Exhibit "A" attached hereto and by this reference made a part hereof "Mortgage The Mortgage is dated January 11, 2006 and was recorded January 18, 2006 in Book 609 at page 859 in the records of the Lincoln, Wyoming County Clerk. 9. By reason of the death of STERLING L. WEBER, the incompetency of MARIAN C. WEBER, the Acceptance of Trusteeship by JULIE W. WILEY and the express terms of the Trust, JULIE W. WILEY has become and now is the Trustee of the Trust and the owner as Trustee of the Trust of the Mortgage. L. Brent H oggan On the 6 day of May, 2011, personally appeared before me L. BRENT HOGGAN, the signer of the within instrument, who duly acknowledged to me that he executed the same. LAURA MEIER NOTARY PUBUC STATE MUM My Comm. Exp. 04/07/2013 Commission 578277 EXHIBIT "A" 000436 The Southwest Quarter of the Northeast Quarter the Southeast Quarter of the Northwest Quarter and the Northeast Quarter of the Southwest Quarter of Section 15, in Township 31 North of Range 119 West of the 6 P.M., Commencing at the Northwest corner of the Southeast Quarter of the Northeast Quarter of Section 15, Township 31 North, Range 119 West of the 6 Principal Meridian thence running 40 rods South Thence 30 rods East thence Northwesterly 9 rods parallel to County highway 140 thence 9 rods East thence to the West Boundary of said County highway to a point where said Public Highway intersects the North boundary line of the southeast Quarter of the Northeast Quarter of said Section 15 thence West to the point of beginning, Excepting therefrom that parcel of Land conveyed to Douglas M. Broadhead and Verdene N. Broadhead, recorded January 20, 1975, Book116 P.R., Page 620. FIN Al 1 NI I l� DECEDENT INFORMATION °Date of Death: September 23, 2009 City of Death: Logan 89 Fairview, Wyoming Yes Marian Elizabeth Clark Real Estate Logan, Utah Leone Augusta Barrus Facility or-Address: Sunshine Terrace Foundation Age: Place of irth: Armed S Spouse's Name: Industry/Business: Residence: Mother's` Name: INFORMANT ;NFORMATIo Iv Name: Juke Wiley. "'Relationship: ,Mailing Address: 2085 North 1000 East, Nort h L Utah 84341" DISPOSITION INFORMATION I Method of Disposition: Burial Place of Disposition: Logan. City Cemetery, ,Logan, Utah Date of Disposition: September 29 2009:" FUNERAL• HOME IN FORMATIQN Funeral Home: A llen- HaII•Mortua Address: 34 East Center Street, Logan,;Utah 84321 Funeral Director:. John P Stevenson MEDICAL CERTIFICATION Medical Professional: Stevens Salisbury, 500 East 1300 North Suite 3 CAUSE OE DEATH Dehydration secondary:to debility[Onset 1 Month Transitional Cell Carcinoma of ,Bladder [Onset ".8 Months] cerebrovascular accident, dementia, hypertension recurrent DVT Tobacco Use: Non-user Medical °Examiner Contacted: No Autopsy Performed: No Manner of Death,; Natural Date Issued: September 28, 2009 °l CERTIFICATIO ITAL RECORD STATE I UTAH CERTIFICATE OF DEATH State File Number: 2 Sterling Lawrence Weber Time of Death: County of Death: Date of Birth: Sex: Marital St Usual Occupation: Education: Father's Name: Facility Type: 0 17 :30 Cache. March 21, 1920 Male Married Broker Some College but No Degree Lawrence Frankliln Weber Nursing Home /Assisted. Living Daughter ogan, Utah 84341 00 0437 000793 X1 'l� l ..�..a���" uttttt1 lealt7 par�l y °S }v This is'an exact reproduction of the document registered in the State Office of Vital Statistics. Security features of this official document include: Intaglio Border, V `R images in top cycloids, "if a Utah e St and the Coun y/D str ct Health ,Officer. q V pF TI ,I C, ry document displays the date S seal and signature ure of h ate Registrar y �1�� 1 I 2 A: O 6 1 4 111 IIlIIIIflII I IIII1O 1 1 R 2 5 O' 5 1 Y n Llo d'Berentze c/ Al t it" Y Barr E.,Nan ,S istrar 140 1,, tq�u �»!\�w ry Director /Health Officer 4* 01 fi a of t atistics g County/District Health Department _�t�► Z 8 9 6. C+lddd 411 1 ..4 No 4 KNOW ALL MEN BY THESE PRESENTS: Witness STATE OF UTAH County of Cache ss. LBI-Vbeh l: \LBH\ ESTATE\ Weber.SterIiing.Marian\ACCEPTANCE OF TRUSTEESHIP.doc N -I 1754.1 ACCEPTANCE OF TRUSTEESHIP That I, JULIE W. WILEY, hereby accept the Trusteeship of the STERLING L. WEBER FAMILY REVOCABLE TRUST dated April 28, 1977 "Trust and hereby agree to act as Trustee of the Trust on all the terms, provisions and conditions specified in the Trust. WITNESS my hand this 6 day of May, 2011. Julie W. Wile On the 6 day of May, 2011, personally appeared before me JULIE W. WILEY, the signer of the within instrument, who duly acknowledged to me that she executed the same. 000438 4/ 4.4 LAURA MEIER NOTARY PUBUC STATE OF UTAH My Comm. Exp. 04/07/2013 Commission 578277