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HomeMy WebLinkAbout892860PREAMBLE: This is a MILITARY POWER OF ATTORNEY Dre~at,~a~dan~,.m,~i.d~ la Uni[ed States Code, Section 1044b, · and executed by a person autho~zo'~tt.t6ar~m~l~aI. . ,. . assistance fi-om the military services. Federal law exempts this power of attorney from any requirement of form, substance, formality, or recording that is prescribed for powers of attorney by the laws of a State, the District of Columbia, or a territory, commonwealth or possession of the United States. Federal law specifies that this power of attorney shall be given the same legal effect as a power of attorney prepared and executed in accordance with the laws of the jurisdiction where it is presented. DURABLE POWER OF ATTORNEY KNOW EVERYONE BY THESE PRESENTS, which are intended to consiitute a Durable General Power of Attorney, THAT I, MARK A-. W!LSON, having an address at 806 West 27th , Cheyenne, WY 82001, hereby make, constitute and appoint my Wife HEA..___T.HER L. WILSON, having an address at 806 West 27th , Cheyenr~e, WY .82001, as my attorney-in-fact TO ACT in my name, place and stead in any way which I could do, if l were personally present, to the extent that I am permitted by law to act through an agent: (a) to ask, demand, sue for, recover and receive all manner of goods, chattels, debts, rents, interest, sums of money and demands whatsoever, due or to become due, and to execute, acknowledge and deiivet acquittances, receipts, releases, satisfactions or other discharges 'for the same; (b) to make, execute, endorse, accept and deliver in my name or in the name of rny attorney-in-fact all checks, notes, drafts, warrants, securities, stock cer- tificates, certificates of deposit, bonds, acknowledgments, and any other agreements, certificates or instruments of any nature, as my attorney-in-fact may deem necessary or appropriate; (c) to cause securities or other property to be held or registered in the name of a nominee or nominees or in any other form; to vote any and all shares of stock or other securities and to execute proxies or other instruments with respect to such stock or securities; (d) to deposit and withdraw any sums to or from any bank, savings or similar account maintained by me; to open or cause to be opened any safe deposit box in my name and to examine and remove any or all of the contents of such box; and to conduct such other banking transactions as my attorney-in-fact may deem necessary or appropriate; 1 IIIIII IIIII IIIII IIIII Illl[ IIIII IIIII IIIII IIII 1111 RECORDED 8/01/2903 12:36 PM RECt i BKtt 1748 D£BRn K. LATHROP CLERK OF LaRnMIE COL~.-ii:7~:i:."}i :}i PnGE 1517 1 OF 4 (e) t'o deal with all matters relating to insurance, including the procurement and maintenance thereof; however, notwithstanding the powers given my attorney-in- fact in this and other provisions of this power of attorney, my attorney-in-fact shall have no incidents of ownership in any life insurance policy in which I own an interest and which insures the life of my attorney-in-fact; (f) to enter and take possession of any real or personal property belonging to me or to which I may be entitled, and to receive and take roi' me and in my name any rents, issues and profits of any such property; and to purchase, invest in, reinvest in, sell, exchange, lease, grant options upon, Convey, assign, transfer, encurnber or otherwise dispose of any real or personal property of any nature and wherever situate; and to execute, acknowledge and deliver all contracts, deeds, leases, mortgages, transfers to trusts, bills of sale, assignments, extensions, satisfactions, releases, waivers, consents, and any other agreements, writings and instruments of any nature affecting any real or personal property, as m.y attorney-in-fact may deem necessary or appropriate; (g) to commence any actions or proceedings, for tile recovery of any real or personal property or for any other purpose; to appeal' in, answer and defend any actions or proceedings commenced against me; and to prosecute, maintain, appeal, discontinue, compromise, settle and adjust all actions, proceedings, accounts, dues and demands that now or hereafter may exist, as my attorney-in- fact may deem necessary or appropriate; (h) to create, amend or terminate one or more trusts, partnerships, corporations, co-tenancies or any other form of ownership or entity roi- the purpose of dealing with any property or property interest of any nature thatI may have or hereafter acquire, under such terms and with such provisions as my attorney-in-fac[ may cleero necessary or appropriate; and to transfer any or all property in which I have an interest ~nto any trusts, partnerships, corporations, co-tenancies or other entities, whether created by me or my attorney-in-fact or otherwise (and, in this regard, that my attorney-in-fact may be a remainderman, partner, shareholder, co- tenant or beneficiary of any such entity shall not affect the validity of any action hereunder, and shall not. by itself, constitute a breach of fiduciary duty); and to remove property fi'om any such entity; and to give to ally such entity, or to any person acting as agent or trustee under any instrument executed bY me or on my behalf, such instructions or authorizations as I may have the right to give; (i) to take all steps and remedies necessary or appropriate for the conduct and management of my business and personal affairs, and for recovering, obtaining ai:d holding all real or personal property including debts, interest, demands, duties, sums of money or any other things whatsoever, as aforesaid, that are thought to be due. owing, belonging or payable to me in my own right or otherwise; I llllll IIIll Illll Illll Illll Illlllllll IIIllllllllll 2 RECORDED 8/~lRft~]3 AT la:38 PM RE~?.:"333a BKtt 1248 Pgtt DEBRR K. L,~THROP, CLERK Ol~ L~R~IIE COUNTY, I,~y P~GE ~ OF 4 (j) to employ such agents, attorneys, accountants, investment counsel, trnstees, caretakers and other persons and entities, and to delegate duties hereunder and pay such compensation, as my attorney-in-fact may deem necessary or appropriate; and (k) to do, execute, perform and finish fol-me and in my name all things which my attorney-in-fact shall deem necessary or appropriate, in and about or concerning my property or any part thereof, In addition, I specifically authorize my attorney-in-fact to deal with tax authorities, to execute and sign on nay behalf-any and all Federal, state, local and foreign income and gift tax returns, including estimated returns and interest, dividends, gains and transfer returns, for all periods between 1975 and 2050, and to pay any taxes, penalties and interest due thereon; to allocate generation-skipping transfer tax exemptions (within the meaning of Section 2642(a) of the Internal Revenue Code) and to make tax elections; to represent me or to sign an lnternal Revenue Service Forrn 2848 (Power of Attorney or Declaration of Representative) or Form 8821 (Tax l,~formation Authorization), or comparable authorization, appointing a qualified lawyer, certified public accountant or enrolled agent (including my attorney-in-fact if so qualified) to represent me before any office of the Internal Revenue Service or any state, local or foreign taxing authority with respect to the types of taxes and years referred to above, and to specify on said authorization saicl types of taxes and years; to receive from or inspect confidential information in any office of the Internal Revenue Service or state, local or foreign tax attthority; to receive and deposit, in any one of my bank accounts, or those of any revocable trust of rhine, checks in payment of any refund of Federal, state, local or foreign taxes, penalties and interest; to pay by check drawn on any bank account of mine or of any revocable trust of mine and have accounts to permit my attorney-in-fact to draw checks for payment of said items; to execute waivers (and offers of waivers) of restrictions on assessment or collection of deficiencies in taxes and waivers of notice of disallowance of a claim for credit or refund; to execute consents extending the statuto,-y period for assessment or collection of such taxes; to execute offers in cornpromise and closing Agreements under Section 7121 or comparable provisions of the Internal Revenue Code or any Federal, state, local or foreign tax statutes or regulations; to delegate authority or to substitute another representative roi- any one previously appointed by me or my attorney-in-fact; and to receive copies of all notices and other written communications involving my Federal, state, local or foreign taxes at such address as my attorney-imf act may designate. .Tiffs power of attorney is a durable power of attorney, and it shall not be affected by my becoming disabled, incompetent or incapacitated. It is my intent that the authority conferred herein shall be exercisable notwithstnnding my physical disability or mental incompetence. ¢ This power of attorney, however, shall terminate on February 28, 2006. To induce any third party to act hereunder, I hereby agree that any third party receiving a duly executed copy or facsimile of this power of attorney may act hereunder, and that revocation or termination hereof shall be ineffective as to such third party unless and until' actual I llllll IIl[llllll IIIII IIIII IIlll It111 Ill] Illlllll ~- ......... :.? :~:-~ RECORDED 8/01/2003.81 12:38 Pi'I REC~i:-:-$~(i[~)2 BKt~ 1748 pg~ 1815 ~,.:: : DEBR~ K. LATHROP, CLERK OF LARAMIE COUNTY, WY PAGE 3 OF 4 541 notice or knowledge of such revocatIon or termination shall have been received by such third party. I, for myself and my heirs, executors, legal representatives and assigns, hereby agree to indemnify and hold harmless any such third party fi'om and against any and all claims that may arise against such third party by reason of such third party having relied upon the provisions of this power of attorney. IN WITNESS WHEREOF, I have executed this power of attorney this 27th of February, 2003. day W ITNES S: having an address at: 5500 Bishop Blvd. Cheyenne, WY 82009 having an address at: 5500 Bishop Blvd. Cheyenue, WY 82009 STATE OF WYOMING. COUNTY OF LARAMIE, ss. The foregoing instrument was acknowledged before rne on the ,-.~7.~day of February, 2003, by MARK A. WILSON. My commission expires on Notary Public I IIIIII IIIII IIIII IIIII IIIII Ila!.!!!.n !,~1 Illl IIII DEBRR K. LATHROP, CLERK OF LRRR~IlE COUNTY, [JY PAGE 4 OF 4