HomeMy WebLinkAbout877978 (Durable)
I, NADA JEAN HEAP, of Franklin Couuty, State ofklaho, designate and appoint BRADLEY"j'OEi~ HE~P,'
as my attorney in fact and agent (subsequently called "agent") to act in my name and for my benefit. I grant to my agent
full power and authority to do everything necessary in exercising any of the powers herein granted as fully as I might
or could do i£personally present and fully competent, hereby ratifying and confirming all that my agent shall lawfully
do or cause to be done by virtue of'this power of attorney and the powers herein granted.
GENERAL GRANT OF POWER. My agent shall have power to exercise or perform any act, power, duty,
right or obligation whatsoever that I now have or may hereafter acquire, relating to any person, matter, transaction or
property, real or personal, tangible or intangible, now owned or hereafter acquired by me, including, without limitation,
the powers specifically enumerated in this instrument. Generally, my agent shall have power to do and per£orm all
matters, transact all business, and make, execute and acknowledge all contracts, orders, deeds, mortgages, leases,
assignments, assurances, and instalments of every kind which may be requisite or proper to effectuate the purposes of'
this general power of attorney.
SPECIFIC POWERS. Without in any way limiting the generality of the power and authority conferred upon
my agent'by this instrument, my agent shall have and may exercise each of the following specific powers:
(a) Power to Acquire and Sell. To acquire, purchase, exchange, grant options and sell, assign,
release, convey, mortgage, hypothecate, lease, and accept and take possession of real and personal property and interests
therein, both tangible and intangible, upon such terms, conditions, and covenants as my agent shall deem proper and
to sign, seal, execute and deliver and acknowledge such deeds, leases, contracts, assigpments,-indentures, agreements,
mortgages, deeds of trust, bills of sale, security agreements and related forms, exchange agreements, bills, bonds, notes,
receipts, releases and satisfactions of mortgages, security interests, and judgments, and such other instruments iu writing
as shall be proper.
(h) Borrowing and Banking Powers. To borrow moneys on my behalf and to sign, seal, execute,
deliver and acknowledge on my behalf such promissory notes, bills, bonds, or other evidence of indebtedness and such
mortgages, deeds of trust, security agreements, pledges, or other documents to secure the payment of borrowed funds
as my agent shall deem proper. To make, receive, and endorse checks and drafts, deposit and withdraw funds, acquire
and redeem certificates of deposit, in banks, savings and loan associations, and other financial institutions, and to release
such mortgages, deeds of trust, or other security instruments as may be necessary or proper in the exercise of the rights
and powers herein granted.
(c) Powers of collection and Payment. To forgive, request, demand, sue for, recover, collect,
receive and hold all sums of money, debts, dues, commercial paper, checks, drafts, accounts, deposits, legacies,
bequests, devises, notes, interests, stock, certificates, borlds, dividends, certificates of deposit, annuities, pension, profit
sharing, retireri~ent social security, medicare, insurance, and other contractual benefits and proceeds, all documents of
title, all property and property rights, real or personal, intangible and tangible, and demands whatsoever., liquidated or
unliquidated, now or hereafter owned by, or due, owing, payable or belonging to, me or in which I have or may hereafter
acquire an interests~to have, use, and take all lawful means and equitable and legal remedies and proceedings, in my
name and for the collection and recovery thereof including the enforcement of mortgages, deeds of trust and security
instruments, and to adjust, sell, compromise; and agree for the same, and to execute and deliver for me, on my behalf,
and in my name, all endorsements,.release, s, receipts, or other sufficient discharges for the same. To pay and discharge
all debts and demands due and payable or which may hereafter become due and payable by me to any person or persons
whomsoever.
(d) Management Powers. To maintain, repair, improve, invest, manage, insure, rent, lease,
encumber, partition and in any manner deal with any real or personal property, tangible or intangible, or any interest
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therein, that I now own or may hereafter acquire, upon such terms and conditions as my agent shall deem proper, and
to transfer any or all of my assets to the trustee of any revocable living trust which I may have created.
(e) Motor Vehicles. To apply for a certificate of title upon, and endorse and transfer title to, any
motor vehicle, and to represent in such transfer assignment that the title to said motor vehicle is free and clear o fall liens
and encumbrances except those specifically set forth in such transfer assignment.
(f) Business Interests. To conduct or participate in any lawful business of whatever nature; to
execute partne, rship agreements and amendments thereto; to incorporate, reorganize, merge, consolidate, recapitalize,
sell, liquidate or dissolve any business; to elect or employ officers, directors and agents; to carry out the provisions of
any agreement for the sale of any business interest or the §tock therein; and to exercise voting rights with respect to
stock, either in person or by proxy, and exercise stock options.
(g) Tax Powers. To prepare, sign and file joiut or separate income tax returns or declarations of
estimated tax for any year or years; to prepare, sign and file gift tax returns with respect to gif.,ts made by me for any
year or years; to consent to any gift and to utilize any gift-splitting provision or other tax electic~h; and to prepare, sign
and file any claims for refund of any tax.
(h) Safe Dermsit Boxes. To have access at any time or times to any safe deposit box rented by me,
wheresoever located, and to remove all or any part of the contents thereof, and to surrender or relinquish said safe
deposit box, and any institution in which any such safe deposit box may be located shall not incur any liability to me
or my estate as a result of permitting my agent to exercise this power.
REVOCABILITY. This power of attorney is revocable, provided, that insofar as any governmental agency,
bank, trust company, insurance company, transfer agent, or other person shall rely upon this power, this power may be
revoked only by a notice in writing executed by me or my agent and delivered to such person or institution.
INTERPRETATION. This instrument is to be construed and interpreted as a general power of attorney. The
enumeration of specific powers herein is not intended to, nor does it, limit or restrict the general powers herein granted
to my agen~ by law or otherwise.
DISABILITY OF PRINCIPAL.. This General Power of Attorney shall not be affected by subsequent
disability or incapacity of the principal.
THIRD-PARTY RELIANCE. Third parties may rely upon the representations of my agent as to all matters
relating to any power granted to my agent, and no person who may act in reliance upon the representations of my agent
or the authority granted to my agent shall incur any liability to me or my estate as a result of permitting my agent to
exercise any power.
IN wITNESS WHEREOF, I have ~xecuted this General Power of Attorney this ~day of January, 2001.
NADA JEAN HE~~p](1
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STATE OF IDAHO )
) ss
County of Franklin )
On this ,/'al-fid ay of January, 2001, before me, the undersigned, a Notary Public in and for said state, personally
appeared NADA JEAN HEAP, known to me to be the person whose name is subscribed to the within Power of
Attorney and acknowledged to me that she executed the same.
IN WITNESS WHEREOF., I have hereunto set my hand and affixed my official seal, the day and year in this
certificate first above written.
~ ~ '"' " ""* ~f' N~T~RY PU~Li~f~r State of Idaho
~--. ~- '~ * Residing at: Preston, ID 83263
-~t .~ -' c- [m, Comm. Expires: 2/19/05
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*,,,,,.
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