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HomeMy WebLinkAbout966148Recording Requested by: Edwards Law Office, P.C. PO Box 5345 Etna, WY 83118 (307) 883 -2222 Send Tax Notices to: Craig Fehringer 6432 South Eudora Way Centennial, CO 80121 -3512 Assessor's Parcel No. 3518- 31 -1 -01- 021.00 TRUSTEE'S DEED ALVIN AND HELEN FAHRINGER TRUST PAGE 1 OF 3 00451 RECEIVED 8/14/2012 at 10:06 AM RECEIVING 966148 BOOK: 791 PAGE: 454 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY TRUSTEE'S DEED WHEREAS, Alvin Fahringer and Helen Fahringer were the Settlors and initial co- Trustees of the Alvin and Helen Fahringer Trust dated September 5, 1995 (the "Trust WHEREAS, a copy of the Trust Agreement is attached hereto and incorporated by this reference; WHEREAS, in Article XXII (B) of the Trust, Craig Fahringer is designated as the Successor Trustee of the Trust upon the death or resignation of both Alvin Fahringer and Helen Fahringer; WHEREAS, the Trust is owner of the following described real estate in Lincoln County, Wyoming as indicated on that Warranty Deed recorded in the Lincoln County TRUSTEE'S DEED ALVIN AND HELEN FAHRINGER TRUST PAGE 2 OF 3 Clerk's Office, Kemmerer, Wyoming in Book 373PR, Page 147 as Document No. 807961 on September 8, 1995 to -wit: 004 Lot No. 72, Star Valley Ranch, Plat No. 9 as platted and recorded in the Lincoln County Clerk's Office, Kemmerer, Wyoming. (hereinafter the "Property WHEREAS, Alvin Fahringer resigned as Trustee of the Trust on July 9, 2009 and appointed Craig Fahringer as Trustee of the Trust as indicated on the attached Resignation and Appointment of Trustee; WHEREAS, Alvin Fahringer has since passed away specifically on May 23, 2012 in Denver County, Colorado; WHEREAS, Helen Fahringer passed away on August 4, 2001 in Lincoln County, Wyoming as indicated on the attached Certificate of Death; WHEREAS; pursuant to Article XV of the Trust Agreement, Craig Fahringer and David Fahringer are designated as equal beneficiaries of the Trust property; NOW, THEREFORE, Craig Fahringer, Trustee of the Alvin and Helen Fahringer Trust dated September 5, 1995, of Lincoln County, Wyoming, Grantor, for and in consideration of the sum of ten dollars ($10) and other valuable consideration to the Trust in hand paid, the receipt of which is hereby acknowledged, does, by these presents, grant, bargain, sell, and convey the Property unto Craig Fahringer of Littleton, Colorado and David Fahringer of Mc Kee City, New Jersey, as tenants -in- common, Grantees. Hereby I?. UV VV VJ/ IL LJI ry 4 releasing and waiving all rights under and by virtue of the homestead exemption laws of the State. IN WITNESS WHEREOF, the Grantor has hereunto signed effective this 8TH day of August, 2012. STATE OF COLORADO SS COUNTY OF .4rcipaik„p My commission expires: 10 15' a-o is Alvin and Helen Fahringer Trust dated September 5, 1995 By: C AIG HRINGER TRUSTEE The foregoing instrument was acknowledged before me by Craig Fahringer in his capacity as Trustee of the Alvin and Helen Fahringer Trust this 9 1 1 day of August, 2012. Witness my hand and official seal. OTARY PUBLIC TRUSTEE'S DEED ALVIN AND HELEN FAHRINGER TRUST PAGE 3 OF 3 004 ALVIN FAHRINGER and HELEN FAHRINGER TRUST W I T N E S S E T H Dated: September 1995 iwk THIS DECLARATION OF TRUST made this 5 day of September, 1995, by ALVIN FAHRINGER and HELEN FAHRINGER, Thayne, Wyoming, 83127, hereinafter referred to as TRUSTORS. NOW, THEREFORE, the TRUSTORS, for themselves,their heirs and beneficiaries hereinafter set forth, do hereby recite and declare as follows, to -wit: ARTICLE I TRANSFER IN TRUST For good and valuable consideration, the Undersigned ALVIN FAHRINGER and HELEN FAHRINGER, hereby transfers and delivers to the Trustees and his successors the property listed in Schedule "A annexed hereto and incorporated herein by reference, to have and to hold the same, and any cash securities or other property which the Trustees may, pursuant to the provisions hereof, being hereinafter referred to collectively as the "Trust Estate for the uses and purpose and upon the terms and conditions herein set forth. ARTICLE II SIGNATURES The Undersigned, ALVIN FAHRINGER and HELEN FAHRINGER, have signed their names and are known by those names or by a portion thereof or by certain combination of names and the initials thereof. Regardless of what combinations of the names and signatures of the Undersigned appear on past, present or future written documents, the names and signatures of the Undersigned, as written below, are intended by the Undersigned, and shall be effective, to transfer and convey the property listed in said written documents into the above named Trust. ARTICLE III GOVERNING LAW This Agreement shall be construed by the laws of the State of Wyoming. ARTICLE IV NO BOND REQUIRED No Trustee named herein need give bond in any jurisdiction. If a fiduciary's bond may not be dispensed with, the Undersigned requests that the bond be accepted without surety and in the lowest amount possible. In the absence of breach of trust, no Trustee shall ever be required to qualify before, be appointed by, or account to any court, or obtain the order or approval of any court in the exercise of any power or discretion herein given. ARTICLE V ADDITION TO TRUST A. It is understood that the Undersigned or any other person may grant, and the Trustees may receive as part of this Trust, additional real or personal property, by assignment, transfer, deed or other conveyance, or by any other means, testamentary or inter vivos, for inclusion in the Trust herein created. B. It is the intention of the Undersigned that all personal properties now owned by the Undersigned, except insurance policies, unless specifically transferred, are to be part of this Trust; provided further that all future real and personal properties acquired by the Undersigned are to be a part of or to automatically become a part of this Trust at the time acquired by the Undersigned. C. Any property so received by the Trustees shall become a part of the Trust and shall become subject to the terms of this Agreement. 004 ranRINGER TRUST Page 2 ARTICLE VI REVOCATION AND AMENDMENT A. As long as either of the Undersigned are alive, the TRUSTORS reserves the right to amend, modify or revoke this Trust concerning the property of the Trust in whole or in part, including the principal and the present or past undisbursed income from such principal and the present or past undisbursed income from such principal. Such revocation shall be by instrument in writing signed by the Undersigned, and shall be effective upon signing without notice to any successor trustee. After the death of of both of the Undersigned, this Trust Agreement shall continue as an irrevocable trust and will be administered and distributed as set forth herein. B. While this Trust remains revocable, the Undersigned may make such use of the funds or properties of this Trust as the Undersigned may deem prudent, and such use shall be deemed to have been made with the consent and approval of the Trustee as though a formal writing were submitted in accordance with the provisions above. C. The interest of the beneficiaries is a present and expectant interest which shall continue until this Trust is terminated or distributed. As long as this Trust remains, the Trust properties and all rights and privileges thereunder shall be controlled and exercised by the Trustee named herein. ARTICLE VII INEFFECTUAL PROVISIONS If any provision of this Trust Agreement is unenforceable, the remaining provisions, nevertheless, shall be carried into effect. ARTICLE VIII GENDER In any provision of this Trust Agreement, the masculine includes the feminine, and vice versa, and the neuter includes the masculine of feminine, and vice versa. Where applicable, the singular includes the plural and vice versa. ARTICLE IX PERPETUITIES SAVINGS CLAUSE It is the TRUSTOR'S desire that this Trust terminate within Five (5) years of the surviving TRUSTOR'S death. In any event, and anything to the contrary herein contained notwithstanding, the Trust created in this Agreement shall terminate upon the day of the expiration of Twenty -One (21) years after the surviving TRUSTOR'S death. In the event of the termination of this Trust as provided for herein, the Successor Trustee shall distribute the Trust Estate as it shall then be constituted, together with any net income, to the beneficiaries then entitled to the income from the Trust Estate, in the same proportions in which they are entitled to such income as hereinafter outlined in Article XV. ARTICLE X SPENDTHRIFT PROVISION This Trust is created herein as a present expectancy, the interests of each beneficiary in income and principal shall be free from the control or interference of any creditor or such beneficiary, or the spouse of a married beneficiary, or the parent of a child beneficiary, and shall not be subject to attachment or be subject to assignment, until dissolution the vesting is withheld and to the Trustee in official capacity. ”(114',",;S FAHRINGER TRUST Page 3 ARTICLE XI PARTIES DEALING WITH TRUSTEES No purchaser, and no issuer of any stock, bond, or other instrument evidencing a deposit of money or property, or other person dealing with the Trustee hereunder with respect to any property hereunder a purchaser, lessee, party to a contract or lease, or in any other capacity whatsoever, shall be under any obligations whatsoever to see to the disbursing of money paid to the Trustee, such persons shall be absolutely free in dealing with the Trustee on the same basis as though the Trustee were the absolute owner of the said property, without any conditions, restrictions or qualifications whatsoever. ARTICLE XII DELEGATION OF AUTHORITY During physical or mental incapacitation, the Undersigned herein appoints the Successor Trustee to succeed to his place as Trustee and to supervise all matters in which the Undersigned had the right to act if the Undersigned had not become incapacitated. For all purposes of this Trust, the TRUSTORS shall continue to be deemed mentally competent unless determined not to be competent by two (2) physicians selected by the Successor Trustee. ARTICLE XIII POWERS OF THE TRUSTEE A. The Trustees shall have full power to do everything in administering this Trust that they deem to be for the best interests of the beneficiaries (whether or not it be authorized or appropriate for fiduciaries but for this broad grant of authority), including but not limited to power: 1. To acquire by purchase or otherwise, and to retain, so long as they deem advisable, any kind of realty or personal property or interest therein, and all types of business transactions without limitation or restriction by risk. 2. To have full authority to act consistent with the Wyoming Statutes as to Trustees Powers. Trustees sole discretion shall be respected. B. Any Trustee may decline to act or may resign as Trustee at any time by delivering a written resignation to the other Trustees or beneficiaries of the Trust. C. Any Trustee from time to time may delegate to one or more of the remaining Trustees, any powers, duties, or discretions. Every such delegation shall be a writing delivered to the delegate or delegates, and shall remain effective for the time therein specified or until earlier revocation by a further writing 'similarly delivered. Everyone dealing with the Trustees shall be absolutely protected in relying upon the certificate of any Trustee as to who the Trustee is for the time acting, and as to the extent of their authority by reason of any delegation or otherwise. D. From the income of the Trust hereby created or, if that be insufficient, from the principal thereof, the Trustees shall pay and discharge all expenses incurred in the administration of the Trusts. E. No successor Trustee shall be liable for any misfeasance of any prior Trustees. 004 9 FAHRINGER TRUST Page 4 ARTICLE XIV DISPOSITION DURING THE LIFE OF THE UNDERSIGNED During the lives of the TRUSTORS, the Trustees shall hold, manage, invest and reinvest the Trust Estate, and shall collect the income thereof and shall dispose of the net income and principal as follows: A. The Trustees shall pay to the TRUSTORS all of the net income of this Trust, in monthly or other convenient installments, but at least annually. The Trustees may, in their discretion, pay or apply the income to the Trust Estate if they so desires. The Trustees may in addition thereto pay such amounts of the principal Trust Estate to the TRUSTORS, up to the whole thereof, as the Trustees may from time to time deem necessary or advisable for the use and benefit of the Undersigned TRUSTORS. ARTICLE XV DISPOSITION AFTER DEATH AND TERMINATION OF THIS TRUST The Successor Trustee shall care for and manage the Trust Estate, being empowered for all purposes as declared in this Trust. The eventual disposition of the said Trust Estate shall be in the following manner: To be divided equally to own Two (.2) children: Craig Fahringer 6432 S. Eudora Way Littleton, Co. 80121 David Fahringer 1003 Scarborough Dr. Mc Kee City, N.J. 08232 Adult son Adult son In the event that any of the living children are deceased leaving minor children, his proportionate share resultant from the distribution the same as if their parent was alive, to be set aside and where appropriate placed in a trust for their welfare until they reach majority age or capacity. It is the intent and desire of the TRUSTORS that the beneficiaries receive, as rightful heirs, their fractional disbursement in the 1/2 portions established for each son. In the event one of the children dies without issue, their share is directed to the other child and /or his heirs. ARTICLE XVI ILLNESS If the TRUSTORS have a serious illness or serious accident, the TRUSTORS requests that 0. David Gardner, Attorney, Afton, Wyoming, be notified. If death makes this call impossible, then the Successor Trustee should call as soon after death as is possible. ARTICLE XVII LOCATION OF DOCUMENTS This Trust has been prepared in duplicate, each copy of which has been executed as an original. One of these executed copies is in the possession of the Undersigned, and the other is deposited for safekeeping with Craig Fahringer, Successor, Trustee. Either copy may be used as an original without the others and if only one copy of this Trust Agreement can be found, then it shall be presumed the other is inadvertently lost. Any clarifications or instructions concerning this Trust Agreement may be obtained from O. David Gardner, Attorney, Afton, Wyoming, an individual who is requested to assist to implement the provisions of this Trust. 1304'I; FAHRINGER TRUST Page 5 Craig Fahringer (adult) David Fahringer (adult) 00461 ARTICLE XVIII COMPENSATION OF TRUSTEES The Trustees shall be entitled to reasonable compensation for services rendered or counsel retained by him, including services in connection with the transfer of assets to beneficiaries or a successor Trustee and the appointment of successor Trustees. Such reasonable compensation shall be similar to that of other trustees who perform similar services. ARTICLE XIX RENDITION OF ACCOUNTS With respect to this Trust or any created herein, the Trustee shall render at least an annually account of income and principal, including a statement of all receipts,disbursements and capital changes, to all beneficiaries then eligible to receive income or to the natural or legal guardians of such beneficiaries, however these accountings shall not be distributed until after the deaths of the TRUSTORS. ARTICLE XX CERTIFIED COPIES OF TRUST To the same effect as if it were the original, any person or institution may rely upon a copy certified by a Notary Public to be a true copy of this instrument and any schedules or exhibits attached hereto. Any person or institution may rely upon any statement of fact certified by anyone who appears from the original Trust or a certified copy thereof. ARTICLE XXI PERSONAL PROPERTY Any and all personal properties listed on the attached Schedule "B" are to be distributed to the living children and such items shall be conveyed to such persons in addition to their respective distributive share of the Trust described herein. ARTICLE XXII TRUSTEES AND BENEFICIARIES A. The following living children are the Beneficiaries of the TRUSTOR: B. The following people will act as Trustees in the following order of succession: 1. Alvin and Helen Fahringer 2. The survivor of #1 3. Craig Fahringer 4. David Fahringer 5. Two Trustees chosen by a majority of the beneficiaries, with a parent or legal guardian voting for minor beneficiaries if applicable. C. Whenever more than one Trustees is designed to act concurrently, a majority of the Trustees shall have the power to make any decision, undertake any action or execute any documents affecting the Trusts created herein, In the event of a difference of opinion among the Trustees, the decision of a majority of them shall prevail, but the dissenting or nonassenting Trustee shall not be responsible for any action taken by the Undersigned. If only one individual Trustee is in the determination, it shall be binding upon the Trust. FAHRINGER TRUST Page 6 IN WITNESS WHEREOF, the Undersigned has execed this Trust, being executed and effective this 5_, day of September, 1995. My Commission Expires: ACCEPTANCE STATE OF WYOMING SS. COUNTY OF LINCOLN WITNESS my hand and official seal. 6001, ALVIN FAHRINGER L HELEN FAHRINGE The foregoing Trus instrument, being the Fred N. Lott Trust, dated the j day of September, 1995, is hereby accepted by Alvin Fahringer and Helen Fahringer as TRUSTEES of the Alvin Fahringer and Helen Fahringer Trust. &vv., z.c,LtJ LVIN FAHRINGER ALVIN HELEN FAHRING The foregoing Alvin Fahringer and Helen Fahringer Trust was acknowledged before me by Alvin Fahringer and Helen Fahringer this day of September, 1995. I, Alvin Fahringer, do hereby resign voluntarily4 as Trustee of the Alvin Fahringer and Helen Fahringer Trust dated September 5, 1995 "the Trust My resignation as Trustee of the Trust shall be effective immediately. My spouse, Helen Fahringer, being deceased, I ratify the appointment of my son, Craig Fahringer, as successor Trustee, pursuant to Article XXII of the Trust. Dated: July 9, 2009 Denver, CO Dated: July 9, 2009 Denver, CO STATE OF COLORADO COUNTY OF DENVER Witness my hand and official seal. My Communion Expirccr--i 7- 1 0 —M09 My commission expires: t otisoisea fo 4: oo °+e 7 B B O 0 e o e bo �o� Se a' j o 1 0 0o +anoe° it a s S p Op cot,- a® o aaa000tts 111° esignation and Appointment of Trustee s s. Alvin Fahringer I, Craig Fahringer, do hereby accept appointment as successor Trustee of of the Alvin Fahringer and Helen Fahringer Trust dated September 5, 1995 "the Trust and I agree to carry out my duties as successor Trustee according to the terms of the Trust and applicable law. Craig nger The foregoing instrument was acknowledged before me on July 9, 2009, by Alvin Fahringer, resigning Trustee, and Craig Fahringer, successor Trustee. /1 Not. Ty Public 004 (r� CERTIFICATI ITAL RECORD' VR'2-89 11/99:15M a RACE OF OWN IOWA u+N art tat REBOEI/OE -BORE WYOMING.,:: IT-ROI RB'NAE Flee GEORGE 7l eM ro+ OER /MAWR'OooA I 'O teAUTY $M rl O tMEAed4 pAA Raw re eeRel STAR VALLEY MEDICAL"CENTEW 0. ART Or RNA rl Re 4 4&&4., (err outovi RENNSYLVANIA 11.V OE T CERE EVERM Q. AAA FORtE87 Arty be dine/ 170. COUNTY Ise Gift 101X1 OR LLCARON LINCOLN THAYNE DATE ISSUED: APR «e 5 2010 JNjr? ff_ This copy is not valid unless prepared on papeNwith an engraved border. STATE OF WYOMING DEPARTMENT OF HEALTH CERTIFICATE OF DEATH to CRY: TO" OR LOCAnON:OFOENH AFTON O. MARRRO AVER ILVIR a ID s1RMMNO WOW* (/'rife 94R AMR RAJ AMID; oRORIXO(Awetee MARRIED ALVIN FAHRINGER. Ittil ML OOONi11011 row Yd E Rotder w i Robe let ran OF RUIRIV ORyR Y pTR et ARIA WA bee ROA/ HOMEMAKER- :.HOMEMAKING 18A STREET NO MMEir 9.55 VISTA DRIVE BARJUCA:: 2a NORE ANEW NEW CERREI R (**11OtNOA a eoam ome. Roy NOEL B. STIBOR 110 HOSPITAL to maw Cow G4OSE tOWise d AA oUE TO (OR et ACOPIOROOISCl:OEk A Ai NSW RA. AAA in NN LYE PART a AAA 810t18iOAlI1 coLalnNE•carwr eenYRA r send r a wd w1r r AA A w y+N! N *Mr t This is a true certification of the document on file in the office of Vital e Records Services, Cheyenne,. 10. NORM M E FVe MARY It Well0 AOORESS E1R!¢T OR MD NUMB= CRY OR TOWN STATE' SP000E BOX 6 71 THAYNE WYOMING 83127 r.YL .Ere RRROrd Rap OATEIM. ORR Ty s0eC8•ETON aQ1EU OiN•NALE EOL IpfsE011 ':air OR lOIYP aEEe oftqamdm ....ION AUGUST 4, 2001 EAGLEROCK CREMATORY IDAHO FALLS, IDAHO Hurter or Paso NRer 2TUTUMEOFWRAY ?Amor EK tMCE wor aleA00OF M YL/ SCHWAB. MORTUARY 45; I 44. EAST FOURTH AVE.,'AFTON' ,t_ re. el Re tomb*e A VA. Are AY RNA NW 7e Ott* bleb e eesedise etl /e g YAAPIRet le H tl rRAA eeen b YerRNWtmE. s aRR RR RA *AAA rd be 0 l Y Ike Able* AteR•oe RW neJ 3 'l1VRRw elf iNr1 PB■ 041E Mtn /M0. 01.1 NJ 216 NOUN a06NN a 2 .ONE 0101E0 IM.. 0*. NJ EIe NON OF RUM S .6.417 2:00 A. M M A I OF ATENOElO RIYSIWHte CAIRN TIIAN,OROTI ER (TUN ce RAJ 1 Y Be. PROROUREO.APO fAr. o1. r� sae PRONOUNCED PEAO roan 2. EEA FEMALE Wow A:1 u4Y CAIRO, OWN bet AR rJ AUGUST. 4,, 2001 S. ONE OF.EERN A., O R *J JUNE 1928 1A:000NTY Of OATH LINCOLN LANE AFTON, WYOMING 83110 asL ONE AEiHrEo N a Ot 4F J Gladys K. Breeden Deputy State Registrar 1 11�� Itti, 3a14 rr'yvp Ir,