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Home My WebLink About969541STATE OF UTAH :ss COUNTY OF SALT LAKE RECEIVED 2/19/ 111:34 AM RECEIVING 969541 BOOK: 804 PAGE: 822 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY AFFIDAVIT OF SUCCESSOR TRUSTEE Affiant, Jeffrey H. Talley, having been first duly sworn, deposes and states as follows: '3'3 0 1. By trust agreement dated March 5, 1992 (the "Trust Agreement Arline D. Talley, also known as Arline M. Talley, as grantor and trustee, created and placed in effect The Arline M. Talley Living Trust (the "Trust which she subsequently amended by First Amendment dated January 12, 2006, by First Amendment and Restatement dated April 9, 2009, and by Second Amendment and Restatement of The Arline D. Talley Living Trust dated April 19, 2012 (the "Second Amendment and Restatement Although the original Trust Agreement was titled "The Arline M. Talley Living Trust," subsequent amendments changed the name of the Trust to "The Arline D. Talley Living Trust," and The Arline M. Talley Living Trust and The Arline D. Talley Living Trust are the same trust. 2. By Warranty Deed signed October 6, 2011 and recorded January 9, 2012 in the Lincoln County Recorder's Office as Receiving 962627, in Book No. 779, at Page Nos. 83 -85, F.A.T. Investments Limited Partnership, a Wyoming limited partnership, as grantor, conveyed to Arline M. Talley, and her successors, as trustee of The Arline M. Talley Living Trust under amended and restated agreement dated April 9, 2009, and all amendments thereto, as grantee, the following described real estate, situate in Lincoln County, State of Wyoming (the "Property"): 4812- 9742 -3378 A portion of the F.A.T. property as referred to in the Deed recorded with Document No. 776629, in Book 343PR, on Page 226, with the Office of the Clerk of Lincoln County, Wyoming, within the NE1 /4NE1 /4 of Section 7, T33N, R118W, of the 6` P.M., Lincoln County, Wyoming, the Metes and Bounds being more particularly described as follows: BEGINNING at the Lloyd B. Baker PE /LS 698, 1997 location for the Northeast Corner of the SE 1 /4NE 1 /4 of said Section 7; thence N89 °17'37 "W, along the North line of said SE1 /4NE1 /4, 1,078.45 feet; thence N42 °38'59 "E 533.33 feet; thence N47 °39'55 "E 129.48 feet; thence N32 °47'21 "E 841.84 feet to a Point in the Center Line of the Easement, as referred to in the Talley Deed recorded with Document No. 891843, in Book 527PR, on Page 854; thence S 19 °40'25 "E, along said Center Line, 216.20 feet; thence S 1 °00'5 8 "W, continuing along said Center Line, 202.48 feet; thence N90 °00'00 "E 102.73 feet to a Point in the West line of the SW1 /4NW1 /4 of Section 8, of said T33N, R118W; thence SO °28'10 "W, along said West line, 794.48 feet, to the Point of Beginning, Encompassing 15.00± Acres of land. TOGETHER WITH: The 30 feet wide Right -of -Way Easement, as referred to in said F.A.T. Deed. TOGETHER WITH: The 40 feet wide Easement, as referred to in said Talley Deed. TOGETHER WITH AND SUBJECT TO: ALL Easements, Exceptions, Restrictions, Reservations, Rights -of -Way, Improvements and Conditions of sight and or record. 3. Arline D. Talley, also known as Arline M. Talley, died on January 28, 2013, as evidenced by her Certificate of Death attached hereto as Exhibit A and incorporated herein by this reference "Death Certificate 4. Article 6.01(d) of the Trust Agreement, as amended by the Second Amendment and Restatement, sets forth the successorship provisions for the trustee of the Trust, and provides that upon a vacancy in the trusteeship of the Trust, the following persons shall serve as the successor trustees of the Trust, to act successively in the order named: Jeffrey H. Talley; and such person as the beneficiaries currently eligible to receive the income of the Trust may appoint. Copies of the relevant pages of the Trust Agreement, as amended by the Second Amendment and Restatement, are attached hereto as Exhibit B and incorporated herein by this reference (the "Relevant Pages of the Trust Agreement 5. Accordingly, as of the date of this Affidavit of Successor Trustee, Jeffrey H. Talley is the successor trustee of the Trust, with full power and authority to transfer interests in real property constituting the corpus of the Trust, including the Property. 4812- 9742 -3378 DATED this do day of 2013. t I On the day off -4 -2013, before me, the undersigned, a notary public, personally appeared Jeffrey H. Talley, proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. Notary Public TEPHEN M. SARGENT Commission ;1578426 My Commission Expires April 10, 2013 State of Utah WM WPM MOM MOM 1.1.1111. 008" EXHIBIT A Death Certificate [See document attached hereto] 3 00 82 CERTIFICATION OF VITAL RECORD 41•PlAvV.W.•,„ Lvj DECEPENTINFORMATJON Pate of Death: .January 28, 2013 Citylof.Peath: 'Salt-Lake City leCe Los Angeles California ritied!Senticesf No Own Home Reside:hoe: :Salt Lake City, Utah V■• WV V V CERTIFICATE. OF DEATH State File Number: 2013001408 /^rline Mae Deatrick Talley Time of Death: 01:45 N County of Death: Salt Lake Date4(Birth: April,22-, 1920,_ •Sex: Female Marital VVidowed UsuallOcdupation: Hornernaker Education: High School or GED Father's Name: Albert Lester Deatrick Mothene Name: Ethel Bowman Fa Type: Nursing Home/Assisted Living Emeritus Senidr, Living ofSalt2L_aket, 0 RNFANT414-FP FtMA a rre- Debra Goocon Rlatio paughter-_ MailKg.Adtlress 30011 Utati'8.4093! lAqtb9-°1 I P Datept:13 ...6i Funeral Home j.arkin Motuary ilL ---,7, 7.=" 7 A ..L.L•••••• 4- i R Sec-kilitY,L'ite u! lo ram. itriogqpf!the.,:ptall StOilLP_.e:slii.--Y-,-.CLI. al-1•40' Quol.,,=:_o_n,..tinctud.e....„.14_,_.glelciO=Ljna-.oicj.ert,1).--Y:.4::,&w__,--0.11r.1.01*.i:.,:a„,.."Mr:_i_i%"1.,V.1_,Ienta-±:cim_H,..t'7',..0,1'it.R''',t'a....6,'..t:\:,,,,;;.:04,,,jf,':::E;c.''':;',..-r:,,=',„•'.:;.;'.iir,:,'....,1_,:;27,„::::'•::..:T.4.7.),:•••:.;:!,i;;;H,'',:',,,,,,:''''',,,,:',..k.:±;.'..,c;"'"I';',.11.1.....):'ill',..,,„-,7"1.,,,,,_'„Ii.,11:,:' _I-h.'''1•0„,'.;AH097-11,---".--te_"x„.aot,..r...ccerpthr:oiscl„. uo=tf„,„:i.„.„e.,....i.. j ,ii ,o..,,,o.„•,ci,....,:t.,,,,,,,ec.),1,,,,.:;. :.......:_s,...._:;,...4....,,...:,;..,7,.,,..,,::.:.....,,.,.,::..........::.,.:,:.;:........i:.;.::i.:...:7......: V 11 T p 0.... y0.: -eq.!.,:- d0.S.1 70 h ,:‘‘,\;,",\%.,,""1.11.•lifit.:/.1.-•,:••.••.i.',.j.t._0:0,_ COunt y A:hs t r.:C, :::::::....i..,.:....,.r.,..:,...... :(,,,......,......tE.........t...i.....:::,..,,......:.,0,1:..:,,....:.:.:;: k. A 1 py,,, v 1 0 4$„ i•:..,.:,, 10',:.:...5.. k.L.•:,:.::::..,,,,,..,- J111.1111 111111[11 11 2 Y....21 ...1''':._1 t f.: coN, ,,.1,,.. 4.:.......,..„..„..,:l...: ,.4 i• 7 ,4; q 5 3 7t• •a_L=4.1 Ga,: q'■••••li'"' 7 t.••••=..E•tgh7,• dil_sti5W egiStrar.:••••:::'••.: DirettOrfiii_e_aKefificktE.Z5.4. i:Ii A ,,,,,..q 7......,,,,,,,,,, 00.. r tvitar:sit i tititt s1 ..Pt0. d ;,?i 2. 4 pi j ii: ■.•,.-1. .1007104410.004Mckkkii0;... 0 „,...0,,,,,,,,,,e," ge.W•VV EXHIBIT B Relevant Pages of the Trust Agreement [See pages attached hereto] 4 008 THIS SECOND AMENDMENT AND RESTATEMENT OF THE ARLINE D. TALLEY LIVING TRUST (this "agreement dated April !G 2012, is between Arline D. Talley, as grantor (referred to in the first person), and Arline D. Talley, as trustee (referred to as the "trustee A. By trust agreement dated March 5, 1992, as amended by amendment dated April 8, 2003 and by agreement dated January 12, 2006 (the "Trust Agreement naming me as grantor and as trustee, I created and placed in effect, and subsequently amended the agreement governing The Arline D. Talley Living Trust. B. At Article 2.01(a)(2) of the Trust Agreement, I expressly reserved the power to amend the terms of the Trust Agreement in any respect. C. By Amendment and Restatement to The Arline D. Talley Living Trust dated April 9, 2009 (the "First Amendment and Restatement I exercised my reserved amendment power by amending and restating the Trust Agreement in its entirety. D At Article 2.01(a)(2) of the First Amendment and Restatement, I again expressly reserved the power to amend the Trust Agreement. E. I now desire to further exercise my reserved amendment power by amending and restating the Trust Agreement in its entirety. THEREFORE, I hereby amend and restate the Trust Agreement, as previously amended by the First Amendment and Restatement, to read in its entirety as follows: 4828 8414 -7471 SECOND AMENDMENT AND RESTATEMENT OF THE ARLINE D. TALLEY LIVING TRUST (April 1 2012) Recitals Amendment and Restatement 008`` (e) Vacancies. If a vacancy occurs in the office of trustee that is not filled pursuant to Article 6.01(d), an alternate trustee shall be appointed pursuant to the following methods, applied in the order of priority listed: and delivered to each appointed trustee and each beneficiary then eligible to receive trust income. The appointment may be for general or limited purposes and for a specified or indefinite term. The appointment shall be effective upon delivery' of the notice of appointment to the appointed trustee or on such later date as may be specified in the notice. (b) Resignation. A trustee at any time may resign by signed notice filed in the trust records and delivered to each beneficiary then eligible to receive trust income. If the trustee is a co- trustee, the resignation shall be effective on the date the notice of resignation is filed in the trust records or on such later date as may be specified in the notice of resignation. If the trustee is the sole trustee, the resignation shall be effective on acceptance by a properly appointed alternate trustee. uu82 (c) Incapacity. A trustee who becomes incapacitated shall be considered to have resigned as of the date the physician's statement certifying the trustees incapacity is filed in the trust records. (d) Alternates. Whenever a vacancy exists in the office of trustee, the following shall act as alternate trustees, to act successively in the order named: Jeffrey H. Talley; and such person as the beneficiaries currently eligible to receive the income of such trust may appoint by written notice signed by all of such beneficiaries and delivered to the alternate trustee. If any such beneficiary is under a legal disability, the person having custody of such beneficiary shall represent him for purposes of this Article 6.01. (1) My children, by majority vote, may appoint an alternate trustee by signed notice filed in the trust records and delivered to the alternate trustee and each beneficiary then eligible to receive the income of the trust. (2) The adult beneficiaries eligible to receive the income of a trust may appoint an alternate trustee by signed notice filed in the trust records and delivered to the alternate trustee and each beneficiary then eligible to receive the income of the trust. (3) A trustee may appoint its own alternate by signed notice filed in the trust records prior to the date on which the trustee ceases to serve. The trustee may change an appointment from time to time by substituting a later notice for a prior notice in the trust records. If there are two or more notices in the trust records at the time the trustee ceases to serve, the notice bearing the latest date shall control. Any notice filed by a trustee who is subsequently removed from office shall be ineffective. (4) Any person interested in the trust may petition the court having jurisdiction over the administration of the trust for the appointment of an alternate trustee. 4828- 8414 -7471 7 IN WITNESS WHEREOF, we have signed this agreement on the dates set forth below to be effective for all purposes as of the date first above written. STATE OF UTAH )ss. COUNTY OF SALT LAKE Witness my hand and official seal. ones cera css cm= ram Y BRENDAN J PAGE Notary Public State of Utah My Commission Expires April 26, 20131 J IL..,,, ��1H fl11I§Igfi>767'8686 R- A1F= F— e ya.�? !SW.. Asa 4828 8414 -7471 14 A3 me D. Talley, Grantor Date: April tot 2012 Arline D. Talley, Trustee Date: April 15 2012 Notary Public 7 6eA. ,d e 7 IL 008291 On this 19 day of April, 2012, personally appeared before me Arline D. Talley, the signer of the foregoing instrument, who duly acknowledged having executed the same as grantor and trustee.