HomeMy WebLinkAbout965460NTL -61207
Ronald L. Kelsey
PO Box 913, 308 Clark Street
Green River, WY 82935
WARRANTY DEED
Thomas W. Larkin, Jr. and Dorothy G. Larkin, husband and wife
Grantor(s) of Etna, State of WY
hereby CONVEY AND WARRANT to
Ronald L. Kelsey and Donna L. Kelsey, husband and wife joint tenants
Grantee(s) of Green River, State of Wyoming for the sum of TEN DOLLARS AND
OTHER GOOD AND VALUABLE CONSIDERATION, the following described tract of
land in Lincoln County, State of WY, hereby releasing and waiving all rights under and
by virtue of the homestead exemption laws of the State of Wyoming, to wit:
ALL OF LOT 7 OF THE CORSI RANCHE'1 TES SUBDIVISION, BEING LOCATED
IN LINCOLN COUNTY, WYOMING, FILED APRIL 8, 1981 AS INSTRUMENT
#555850 IN THE OFFICE OF THE LINCOLN COUNTY CLERK.
Subject to easements, declarations of covenants and restrictions, rights of way of record,
and taxes for the current year and thereafter.
Witness, the hand(s) of said Grantor(s), this ay of
2012
orothy G. Lar.
By: Thomas W. Lar
As Attorney in
SU. AT1TAc.NeQ 1:Xih3n "A•• cord.
001.90
State of M 4L.
C o u n t y of A t v n I t d .k
3 "c.. .149.
On a7 day of 3trt t 2012 personally appeared before me Thomas W. Larkin Jr. and
Dorothy G. Larkin, By Thomas W. Larkin, Jr., as Attorney in Fact, the signer(s) of the
within instrument, who duly acknowledged to me that they executed the same. Y
0.
Notary Public
Commission Expires:
RECEIVED 7/10/2012 at 9:31 AM
RECEIVING 965460
BOOK: 789 PAGE: 196
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
c..+
ELIZABETH BICHERL
Notary Public, Maine
My Commission Expires February 1, 2019
1. BANKING:
2. INVESTMENTS:
F C H A
DURABLE POWER OF ATTORNEY
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I, Dorothy G. Larkin, of Cumberland Foreside, Maine, appoint Thomas W. Larkin of 20
Pine Lane, Cumberland Foreside, Maine, as my attorney in fact. If he should be unavailable,
unwilling or unable to act, I appoint Cynthia L. Larkin of 20 Pine Lane, Cumberland Foreside,
Maine, as alternate attorney -in -fact in her stead. My attorney -in -fact named above (sometimes
referred to hereafter as my "attorney shall have the following powers:
To transact all my business at any bank, trust company. savings and loan association,
credit union or other financial institution, including, without limitation: to endorse and collect the
proceeds of all checks and drafts made payable to my order, including drafts upon the Treasury
of the United States; to open or close accounts, whether standing in my name along or in my
name with another; to withdraw from and sign in my name checks drawn upon those accounts;
and to have access to and deposit any property in or remove any property from any safety deposit
box standing in my name alone or in my name with another;
A. To act as my attorney or proxy in respect to any stocks, shares, bonds, mutual
funds, certificates of deposit, or other investments, rights or interests I may now
or hereafter hold; to purchase or otherwise accuire, and to redeem, sell, or
otherwise dispose of any security issued by tie United States government
(including, without limitation, treasury notes, treasury bills and savings bonds of
any series), any security issued by the government of any state or any political
subdivision of any state or any other jurisdiction whatsoever, whether foreign or
domestic, as well as any stocks, bonds, options, futures, warrants, mutual funds or
other securities and any other kind of tangible or intangible property, whether
real, personal or mixed; to open, maintain or close any one or more custodian or
other agency accounts, in my name alone or in my name with another or in any
other name, at any bank, trust company, savings and loan association, investment
bank, brokerage concern or other financial institution; to delegate to any person,
firm, corporation or association as an agent, including without limitation, an
investment counsel, in respect of any such property of mine and to charge any
compensation paid to any such agent against prinn.ipal or income as may, in the
discretion of my attorney, seem appropriate;
B. To buy, receive, lease, accept, or otherwise acquire; to sell, convey.. mortgage,
hypothecate, pledge, quitclaim, or otherwise encumber or dispose of, or to
contract or agree for the acquisition, disposal, or encumbrance of, any property,
real, personal or mixed, or any custody, possession, interest, or right therein, upon
such terms as my said attorney shall thirk proper; to make, acknowledge and
deliver such instruments in writing of whatever kind or nature as may be
necessary, convenient or proper in the premises;
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C. To manage, maintain, protect, preserve, and insure any real or personal property as
if the owner thereof, including, without limitation, to grant leases or options to
lease or purchase such property, which leases and options may extend beyond the
period of time in which this power of attorney is valid or I am living; to enter into
covenants and agreements concerning any real estate and any improvements
thereon, thereby binding my successors in interest in such manner as my attorney
may consider appropriate; to remove, store, transport, repair, rebuild, modify, or
improve any real or personal property and to partition or agree to partition any
real property; and to alter, raze, or erect any improvements thereon;
D. To sell or otherwise transfer any asset or assets which I may own, including cash,
upon such terms and conditions as my attorney may deem appropriate, including,
but not limited to, the use of a sale or transfer of any asset or assets of mine upon
a private annuity basis, self canceling installment note, or otherwise, it being my
expressed intention that my attorney shall have the absolute right to deal with my
assets in any manner in order to legally reduce the potential Federal Estate Tax, or
any state Inheritance or Estate Tax, which may otherwise be payable with respect
to my estate;
3. MOTOR VEHICLES:
To apply for a Certificate of Title, upon, and endorse and transfer title thereto, for any
automobiles, truck, pickup, van, motorcycle or other motor vehicle, and to represent in such
transfers or assignments that the title to said motor vehicle is free and clear of all liens and
encumbrances expect those specifically set forth in such transfer or assignment;
4. TRUSTS:
To assign, transfer, grant and convey, revocably or irrevocably, property of mine whether
tangible or intangible, and whether real, personal or mixed, of any kind, wherever situated,
which I may now or hereafter own or become entitled to, upon such uses, trusts and conditions
for the benefit of such person or persons (whether or not including me or my attorney) as my
attorney may deem appropriate and naming as trustee or trustees such person, persons,
corporation or association, including my attorney, as my attorney may consider advisable; to add
to, withdraw or direct the distribution of funds from, any trust under whose terms I might do so;
5. GIFTS:
To make gifts of any property, whether real, personal or mixed, to or for the benefit of
any person, including my attorney, considered by my attorney to be an object of my bounty,
whether or not any such gift is taxable under the Internal Revenue Code of 1986, as amended
from time to time either before or after the date hereof, or under any other law, and whether or
not any such gift is consistent with any prior giving pattern of mine or with any will or
testamentary substitute executed by me before or after the date hereof;
6. INSURANCE:
To pay the premiums on, increase or decrease the amount of coverage provided by, or to
terminate any policy owned by me or any other person insuring my life or the life of any other
person or insuring any property in which I own an interest; to assign any incidents of ownership
in any such policy to any person, firm, corporation, association or trust, including my attorney; to
change, revocably or irrevocably, the distinction of the beneficiary or beneficiaries of any such
policy and to designate my attorney as the beneficiary thereof; to acquire additional policies
insuring my life or property and to pay the premiums thereon; to borrow against any such policy
and to direct the application of funds available by such borrowing; to make any election or
exercise any option available in respect of any such policy; to purchase or maintain medical
insurance and long -term care or nursing home insurance covering me or any person I am
obligated or may have assumed the obligation to support; and to sign, seal, acknowledge and
deliver to any insurance company or any other person, firm, corporation, association or trust all
such documents and other writings as my attorney may consider necessary or desirable in
connection with the exercise of any power herein granted to my attorney;
7. TAXES:
To sign and deliver any and all federal, state, county, or local income, gift, excise, real or
personal property or other tax returns, whether or not any such return shows a tax due and owing
or requires a reduction in any credit against tax that would otherwise be available to me or my
estate and whether or not any such return is joint with any other person; to pay any such tax on
my behalf and to negotiate concerning the amount of any such tax; to amend any return filed by
me or on my behalf by any person; to make any elections which might otherwise be made by me
under the Internal Revenue Code of 1986, as amended from time to time either before or after the
date hereof, or under any other law; in connection with any such tax or its assessment to receive
confidential information and to have full power to perform on my behalf the following acts with
respect thereto: to receive and endorse checks in payment of any refund of taxes, penalties or
interest; to offer to execute and to execute waivers of restrictions and statutes of limitation on the
assessment or collection of any tax; to execute closing agreements; and to delegate authority with
respect to any of the foregoing to any substitute representative or agent, including any lawyer,
accountant or enrolled practitioner on such terms, exclusive or non exclusive, as my attorney
may consider appropriate;
8. LEGAL MATTERS:
00199
To make, do and transact all and every kind of business, including the receipt, recovery,
collection, payment, compromise, settlement, and adjustment of all accounts, mortgages,
legacies, bequests, interests, dividends, annuities, demands, debts, taxes, and obligations, which
may now or hereafter be due, owing or payable by me or to me, including public benefits; to
eject, remove, or relieve tenants or other persons from, and recover possession of my property,
real, personal or mixed, by all lawful means; to institute, maintain, prosecute and defend in and
before any and all courts or administrative or governmental bodies any and all actions, suits or
proceedings of every nature at law or in equity, or otherwise, whether administrative or judicial
in nature, for the enforcement of any rights or claims of any nature in my favor, or the defense of
any claims made against me, or to prevent damage or injury to me or to my property or rights, to
intervene in any actions in which I may have an interest or be affected by the outcome,
including, but not limited to, any class actions or individual actions, and to employ and
compensate legal counsel, accountants and experts of every k_nd whatsoever (including my
attorney or any person, firm or corporation related to my attorney) to appear for, represent or
advise me or my attorney whether in such proceedings, prior to the inception thereof, ancillary to
the conduct thereof or otherwise, and also in or with respect to any actions, suits or proceedings
or controversies in the subject matter of which I may be interested; to accept or waive service of
summons or other process; to exercise my right, pursuant to Part 2 of the Maine Probate Code or
any analogous provision of law of any other jurisdiction, to take an elective share of the estate of
any deceased spouse of mine; and, in the discretion of my attorney (with or without
consideration), to settle, dismiss, release, compromise, adjust, discontinue or submit to
arbitration any and all claims, actions, suits or proceedings, whether or not the subject of
litigation; to make, execute and deliver any and all instruments necessary or incidental to any of
the foregoing, including any instrument approving any account (whether judicial or otherwise) of
any executor, administrator, personal representative, trustee or other fiduciary (including my
attorney), or the granting of any other relief requested by any such fiduciary; to release,
discharge, and indemnify any fiduciary, and to consent to the resignation of any fiduciary or to
the appointment of a successor or substitute fiduciary;
9. AGENTS:
To engage and dismiss agents, counsel, and employees, and to appoint and remove at
pleasure any substitute for, or agent for my said attorney, in respect to all or any of the matters or
things herein mentioned, and upon such terms as my attorney shall think fit;
10. CATASTROPHIC CARE:
00200
In order that I may qualify for Medicaid, General Assistance or SSI benefits, or similar
federal and state benefits so that catastrophic health related expenses do not deplete or
substantially reduce my assets or those of my spouse, my attorney is authorized to take any and
all action, and sign any and all documents necessary or advisable to minimize or eliminate a
spend -down of my assets and to accelerate the time when I will qualify for benefits, including,
but not limited to the following: making an application for benefits on my behalf; transferring
ownership of my assets to my spouse or children; maximizing rry or my spouse's "Community
Spouse Resources Allowance" "CSRA and "Minimum Monthly Maintenance Needs
Allowance" "MMMNA as those terms are defined in the Medicare Catastrophic Coverage
Act, as amended "MCCA or similar state law or regulation, by seeking judicial or
administrative remedies to increase the CSRA and the MMMNA, or for any other purpose;
gifting assets to my spouse or to other persons, including my attorney, as may be necessary or
advisable to carry out the purposes of this provision, even if a peiod of ineligibility for benefits
may result; selling, exchanging or otherwise disposing of my asses; minimizing the share of cost
requirements and making maximum utilization of the "name on the instrument" rule, as those
terms are used in MCCA and state law or regulations;
11. LIVING ARRANGEMENTS:
12. GENERAL:
13. INDEMNIFICATION:
002
To do all acts necessary for maintaining my customary standard of living, to provide
living quarters by purchase, lease or other arrangement, or by payment of the operating costs of
my existing living quarters, including interest, amortization payments, repairs and taxes, to
provide normal domestic help for the preparation of my household, to provide clothing,
transportation, medicine, food and incidentals, and, if necessary, to make all necessary
arrangements, contractual or otherwise, for me at any hospital, hospice, nursing home,
convalescent home, home health care agency, or similar establishment;
To enter into contacts, obligations and agreements of every kind, and to perform, rescind,
reform, release or modify any such contract, obligation or agreement or any other similar
contract, obligation or agreement made by me or on my behalf before or after the date hereof; to
appoint, engage or employ any person or persons as agents or representatives of my attorney or
myself; and to delegate to another person or persons selected by my attorney, in my attorney's
absolute discretion, such of my attorney's powers hereunder for such periods of time as my
attorney, in my attorney's absolute discretion, may consider appropriate, it being my intention
that my attorney have full authority to select and appoint one or more substitutes to act in my
attorney's stead hereunder;
To induce any third party to act under this Power, I hereby agree that any third party
receiving a duly executed copy or facsimile of this instrument may act hereunder, and that
revocation or termination hereof shall be ineffective as to such third party unless and until actual
notice or knowledge of such revocation or termination shall have been received by such third
party, and, for myself and for my heirs, executors, legal representatives and assigns, I hereby
agree to indemnify and hold harmless any such third party from and against any claims that may
arise against such third party by reason of such third party having relied on the provisions of this
instrument.
In the event that my attorney sells or otherwise disposes of an asset specifically disposed
of under a will, trust or other instrument executed by me before or after the date of these
presents, the disposition of such asset under such will, trust or other instrument shall be deemed
void and of no effect whatsoever, and no other asset of mine or of my estate shall be used to
satisfy such disposition.
Each of the provisions set forth in this instrument is intended to be in addition to and
shall not be in any way limited or restricted by reference to or inference from any other general
or special provision contained in the same or any other paragraph of this instrument. The
provisions of this instrument shall be severable and, in the event any of them is held void or
ineffective for any reason by a court of law or any other authority, the others shall continue in
full force and effect.
This Power of Attorney shall become effective upon the disability or incapacity of the
principal.
Executed this 29 of January, 2010.
__,L
tness
Notice to the Principal:
As the "Principal," you are using this Durable Power of Attorney to grant power to
another person (called the "Agent to make decisions about your money and property and
to use it on your behalf. The powers granted to the Agent are broad and sweeping. Your
Agent will have the power to sell or otherwise dispose of your property and spend your
money without advance notice to you or approval by you. Under this document, your
Agent will continue to have these powers after you become incapacitated and you may also
choose to authorize your Agent to use these powers before you become incapacitated. The
powers that you give your Agent are explained more fully in the Maine Revised Statutes,
Title 18 -A, sections 5 -501 to 5 -507 and in Maine case law. You have the right to revoke or
take back this Durable Power of Attorney at any time as long as you are of sound mind. If
there is anything about this form that you do not understand, you should ask a lawyer to
explain it to you.
Notice to Agent:
00202
Dorothy G. Larki
As the "Agent" or "Attorney -in- fact," you are given power under this Durable
Power of Attorney to make decisions about the money and property belonging to the
Principal and to spend it on that person's behalf. This Durable Power of Attorney is only
valid if the Principal is of sound mind when the Principal signs it. As the Agent, you are
under the duty (called a "fiduciary duty to observe the standards observed by a prudent
person dealing with the property of another. The duty is explained more fully in the Maine
Revised Statutes, Title 18 -A, sections 5 -501 to 5 -507 and 7 -302 and in Maine case law. As
the Agent, you are not entitled to use the money for your own benefit or to make gifts to
yourself or others unless the Durable Power of Attorney specifically gives you the authority
to do so. As the Agent, your authority under this form will end when this Principal dies and
you will not have the authority to administer the estate unless you are named in the
Principal's will. If you violate your fiduciary duty under this Durable Power of Attorney,
you may be liable for damages and may be subject to criminal prosecution. If there is
anything about this form or your duties under it that you do not understand, you should
ask a lawyer to explain it to you.
STATE OF MAINE
PENOBSCOT, SS. January 29, 2010
I, the undersigned, do hereby certify that I am a duly commissioned, qualified and
authorized Notary Public in and for the above -named County and State, and that Dorothy G.
Larkin, the grantor in the foregoing Power of Attorney dated January 29, 2010, and hereto
annexed, who is personally known to me as the person who executed the foregoing Power of
Attorney, appeared before me this day within the territorial limits of my authority, and being first
duly sworn, acknowledged that she had signed said instrument after she had read the contents
thereof and the same had been duly explained to her and she acknowledged that the execution of
said instrument by her was her free and voluntary act and deed for the uses and purpose therein
set forth.
Subscribed, sworn to and acknowledged before me by Dorothy G. Larkin, the declarant,
and subscribed and sworn to before me by Kelly L. Terrill and Quenton Smart, witnesses this
29 day of January, 2010.
/Attorney at Law
Exhibit "A"
ALL OF LOT 7 OF THE CORSI RANCHETTES SUBDIVISION, BEING LOCATED IN
LINCOLN COUNTY, WYOMING, FILED APRIL 8, 1981 AS INSTRUMENT #555850 IN
THE OFFICE OF THE LINCOLN COUNTY CLERK.
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