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Home My WebLink About889686 889686 BOOK 51~pR PAGE 60 5 AFFIDAVIT OF INCUMBENCY RECEIVED LIN00LN 00d,~TY CLERK STATE OF WYOMING COUNTY OF LINCOLN :SS Affiant, Quinn R. Heiner, having been first duly sworn, deposes and states as follows: 1. .By trust agreement dated May 16, 1997 (the "Trust Agreement"), Quinn R. Heiner and Carolyn S. Heiner, as grantors, and Quinn R. Heiner and Carolyn S. Heiner, as trustees, created and placed in effect The Quinn R. Heiner and Carolyn S. Heiner Family Revocable Trust (the. "Trust"). 2. I am the same Quinn' R. Heiner that is designated as a co-trustee of the Trust pursuant to the terms of the Trust Agreement. 3. By Special Warranty Deed April 12, 2002 and recorded May 1, 2002 as Entry No. 880672, Book No. 488, Page Nos. 612-613, in the office of the Lincoln County Clerk,~ State of Wyoming, F.A.T. Investments Limited Partnership, as grantor, conveyed an undivided one-half interest to Quinn R. Heiner and Carolyn S. Heiner, as trustees of The Quinn R. Heiner and Carolyn S. Heiner Family Revocable Trust dated May 16, 1997, as grantee, in and to the following described real estate, Situate in Lincoln County, State of Wyoming (the "Easement"): Any and all of grantor' s interest in and to that certain CommOn Easement Agreement dated August 23, 1978, and recorded in the office of the Lincoln County Clerk on November 17, 1978, in Book 150 PR, Page 694. 4. Carolyn S. Heiner died on the /! day of ~)~' , 200P._, as evidenced by her Certificate of Death that is attached hereto as Exhibit A and incorporated herein by this reference. 6O6 5. Upon the death of Carolyn S. Heiner and as of the date of this Affidavit of Incumbency, I am the incumbent trustee of the Trust with full power and authority to transfer interests in real property constituting the corpus of the Trust. A copy of the relevant provisions of the Trust Agreement reflecting this fact is attached hereto as Exhibit B and incorporated herein by this reference. DATED this ~J day of ~/~ (~C/~ ,2003. Quinn R. Heiner On the ~) J day of /~ 0~/'~(~/q' , 2003, before me, the undersigned, a notary public, personally appeared Quinn R. Heiner, 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. My Commission Expires: Notary Public Residing at:-~~P~ ~07 EXHIBIT A Certificate of Death of Carolyn S. Heiner [See document attached hereto] STATE OF WYOMING CAROLYN 608 DEPARTMENT OF HEALTH STATE OF WYOMING DEPARTMENT OF HEALTH LOc~ ~ .u,.,~. CERTIFICATE OF DEATH SUZETTE . HEINER IFEMALE NOVEMBER 11, 2002 591-O3-8887 OCTOBER 14, 1963 STAR VALLEY MEDICAL CENTER :]; ':~:~ ':~: AFToN I LINCO~ FLORIDA ~IED QUINN ROBERT HEINER NO HOUSEWIFE : HOME.KING ~OMING [ ~ T OF T °uNTY RoAD 120 ~779 LINCOLN :' ' WHITE ~ Y. O is~=~ 12 / CHAROLLETE ' CLYDE WILBURNE RICH JR. ~NETTE NUNREY SPOUSE ~ QUINN ROBERT HEINER P. O. BOX 226 T~Y~E ~O~ING 83127 BEDFORD, ~ l SOV. ~s, 20o2 AVE. AFTOR ~ M X K PAUL HEAD MD. llo.H~sP:ITAL LANE AFTON, '~OMING 83110 X % ~ ..... ~ ~,~.~, I 1~9 ~su ~ [ I~ ~ I 191S19 This is a true and exact reproduction of the document on file in the office of'Vital Records Services, Cheyenne, Wyoming· 0£C I~ ~cu2 DATE ISSUED: · , is not v&lid unless prepared on paper with an engraved bordcr d~spla 'i tucinda McCaffrey / Deputy State Registrar seal and signa(ure of(he Deputy 609 QUINN R. HEINER AND CAROLYN S. HEINER FAMILY REVOCABLE TRUST TRUST AGREEMENT THIS AGREEMENT is made this 16th day of May, 1997, between Quinn R. Heiner and Carolyn S. Heiner aka Suzie Heiner, husband and wife, of Thayne, Lincoln County, Wyoming, as Grantors and as Trustee. Grantors and Trustee, desiring to create a revocable living trust on the terms and conditions hereinafter set forth, state, confirm and agree as follows: CONVEYANCE IN TRUST 1.01' All trusts established hereunder shall be collectively known and referred to as the Quinn R. Heiner and Carolyn S. Heiner Family Revocable Trust. 1.02: The Grantors hereby transfer, convey and assign to the Trustee the property described on the Schedule A attached hereto and made a part hereof. 1.03: Grantors, or any other person, may transfer, by will or otherwise, any other property to the Trustee, to be administered as provided in this instrument, and may subject the proceeds of any insurance policies to the terms of this instrument by designating the Trustee as beneficiary thereof. II REVOCATION 2.01' During the joint lifetimes of the Grantors, the Grantors jointly may alter, amend or revoke this agreement, in whole or in part, at any time or from time to time by an instrument in writing (other than a will) signed and delivered to the Trustee. 2.02: From and after the death of the first Grantor to die, the Survivor's Trust shall be amendable and revocable by the surviving Grantor, and the Decedent's Trust shall be unamendable and irrevocable. GiO EXHIBIT B Relevant Provisions ,of the, Trust Agreement /'See document attached hereto/ 11.07: No surety or other security shall be required on any bond furnished by any Trustee in any jurisdiction for any purpose. Trustee shall serve without bond if allowed by law. 11.08: Any power granted to the Trustee in this' instrument shall be void to the extent that it may cause the loss of all or part of the Federal estate tax marital deduction. 11.09: No individual Trustee shall participate in the exercise of any discretion COncerning payments of income or principal or the making of loans to himself or to any person whom he has a legal obligation to support, if such payments are to be made from the decedent's Trust or from separate property contributed by any person other than such Individual Trustee. 11.10: Any Individual Trustee, by notice in writing to his Co-Trustee, may for any period or periods delegate all of his powers and dUties to his Co-Trustee. Any person may rely on the written certification of a Co-Trustee that the Co-Trustee has the power to act without the concurrence of any other Trustee. 11.11: In the event that there is more than one Trustee acting under this instrument, a majority of the TrUstees may take any action authorized by this instrument. This Trust Agreement Was signed by the Grantors, and accepted by the Trustee, as of the 16th day of May, 1997. ~Heiner Grantor, Quinn R. Helner Trust~el Carolyn S. Heiner Granto¢, CarOlyn S'. Heiner 14