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Home My WebLink About897521 RECEIVED AFFIDAVIT OF SUCCESSOR ''! CLERk< THO~S D. ~BB, ~., BETTY R. ~BB and ELIZ~ETH W. ~TAL& Trustees, or their successors in trust, under the THO~S D. ~BB ~ BETTY R..~BB F~Y TRUST dated JanUaw 10, 1985, and as restated on September 22, 2000, and any amendments thereto. 1. The following Trust (the "Trust") is the subject of this Affidavit: e BETTY RAMSBECK WEBB passed away on the 17th day of October, 2000, in the State of Wyoming, and the place of last residence of said decedent was the County of Lincoln, State of Wyoming. A copy of the Death Certificate for BETTY RAMSBECK WEBB is attached hereto, and incorporated and made a part hereof by reference; 3. THOMAS D. WEBB passed away on the 21~t day of March, 2003, in the State of Wyoming, and the place of last residence of said decedent was the County of Lincoln, State of Wyoming. A copy of the Death Certificate for THOMAS D. WEBB is attached hereto, and incorporated and.made a part hereof by reference; 4. Article Fifteen, Section 3, paragraph E., of the Trust provides that in the event of the death of THOMAS D. WEBB, that ELIZABETH W. HUHTALA, shall serve as his Successor Trustee. 5. ELIZABETH W. HUHTALA is both able and willing to serve as Successor Trustee. 6. The trust is currently in full force and effect. AttaChed to this Affidavit and incorporated herein by reference are selected provisions of the Trust evidencing the following: a. Article Fifteen - The Resignation, Replacement, and SucCession of our Trustees; b. Article Sixteen - General Matters and Instructions with Regard to TruSteeship; ¢. Article Seventeen Our Trustees' Administrative and Investment Powers; and d. Article Eighteen - Definition and General Provisions. 8. The Trust provisions which are not attaChed to this Affidavit are of a 'personal and confidential nature and set forth the distribution of Trust property. They do not modify the powers of the Trustees. 9. The signatory to this Affidavit is Currently the acting Successor-Trustee of the Trust and declares that the foregoing statements and the attached Trust Provisions are true and correct, under penalty0fperjury under the laws of the State of Wyoming. FURTHER AFFIANTS SAYETH NAUGHT. AFFIDAVIT OF SUCCESSOR TRUSTEE Page - 1 of 2 9;,:,',,~:,',F.? ,: Dated this 9th day of February, 2004. ETH W. HUHTALA, Trustee STATE OF WYOMING } SS. County of Lincoln } The foregoing Affidavit of Successor Trustee was subscribed, sworn to, and acknowledged before me by ELIZABETH W. HUHTALA, Successor Trustees on this c] day of February, 2004. Witness my hand and official seal. [SEAL] Notaryffublic for the State of [JJcl~4t_~ ~ My Co~nmission Expires: q/JZ//)~- ' (/ AFFIDAVIT OF SUCCESSOR TRUSTEE Page - 2 of 2 -:~ .:L'C HANDBOOK~ E:O:F '"'~ DEPARTMENT OF liE :L;: !: , ,' = "%Y :':': "': STATEOF WYOMING '~: =,: :d,' :'="?]i::i::;" DEPARTMENT OF HEALTH ':=;: Loc... ~La ,~.,,.~. CERTIFICATE OF DEATH ?:~: ..::: ~,e:TT¥ :,:!,' :? "~: ~: ,:: ~S.~C~ '. w~ ~ :':''':rI ~ OCT%~ ~' {':~::_~ 258'42-8269 "~::: ;':'~=1 ~' 76 I--' · ~ ~-~ : I : :,= '--" I~Y 24, 1924 BOX MART HA 110 .,.. : ! 2_871 9 l '~ , ~ Il ..... [ , , - ~Thi~s"is ~a [rue and'~xacl repi(~g!Uclloh,.bf tl]~cJo~:wmenl on file in the office of Vital I ; I : L~ I Deputy This copy is ~t valid unless pre~d onpa~r w~lh an engraved ~rder di~a~ip~ ihe date seal and signalure of lbo Depuly ~tale ~egislrar. '- ~ 'Z,,::::,:: , NO I I I " STATE : . ~ ~ 5 ~'~-1~ ":;:: :::~i~..D E pA ~IM E N T:!?~) F ~.:~H E~LTH - STATE OF ~OMING ~~, CERTIFICATE OF DEATH 2 ' , Thomas ~ ' DaUghe~Ey~. ?.;' ':~;.W~BB ??":¥::. j : ..... ::Male Hatch 21, 2003 I /~.-40~4237 90 · ' IOctober 2,1912 ; ~ ~ ~ ~- I .... ' ::::' '~:::~;; No~h ~a~o~ · N~ ._ aw ............ Wyomin ~'~s tone Pra~h~r 'a. E:~'~:' ge Ave Ay; Afton, WY Allen:::. Ca] 8 3 1 .... ::.:..:.?:' ~ E~. u.~~ ....... . · . ....... ' ' ~ ::': '" ~':'"" ':': .... M ......... "' ": ' .... ' ' '"" '""'"' ' '" '"' (. I I"': :::2 0 21:':16':'.~:~:~ ' ": ~ '~?: ~? '~ :~? ~ ~?::~: ::,: /.: :::'~: .::?: :~::~ .....F: . : .. %:;:..:.:~:~ This ~s a true and exacl reprod~cbon o~ Ihe documenl ~f Villi ......... RecordsSe~ices Cheyenne Wyomng ':~:~'~ ~6~: / ? ~~~~' DATE iSSUED: .:~PR ,' . ' .... :~ L,ci~da Depu~ State Reglslrar opy is not v~id u~less prepared on paper Wi~h ~ ~'8~:~Vcd'~r~;r ai~ ,, ,.,:,,,,,:,",. ~ se~i:~nd si~natm~ ct{be Depuly Stale Article Fifteen 055 The Resignation, Replacement, and Succession of Our Trustees Section 1. The Resignation of a Trustee Any Trustee may resign by giving thirty days' written notice to each of us or to our respective legal representatives. If either of us is not living, the notice shall be delivered to the Trustee and to all of the beneficiaries then eligible to receive mandatory or discretionary distributions of net income fi-om any trust created under this agreement. If a beneficiary is a minor or is legally incapacitated, the notice shall be delivered to that beneficiary's guardian or other legal representative. Section 2. The Removal of a Trustee Any Trustee may be removed as follows: a. Removal by Us We reserve the fight to remove any Trustee at any time, but only if we both agree. b. RemOval by One of Us After one of us dies or during any period that one of us is disabled and the other Trustmaker is living and is not disabled, the survMng nondisabled Trustmaker may remove any Trustee. 15-1 c. Removal by Other Beneficiaries ~" After the death or incapacity of both of us, a majority of the beneficiaries then eligible to receive mandatory or discretionary distributions of net income, under this agreement may remove any Trustee. d. Notice of Removal Neither of us, nor any of our beneficiaries, need give any Trustee being removed any reason, cause, or ground for such removal. Notice of removal shall be effective when made in writing by either: Personally delivering notice to the Trustee and securing a written receipt, or Mailing notice in the United States mail to the last known address of the Trustee by certified mail, return receipt requested. Section 3. Replacement of Trustees Whenever a Trustee is removed, dies, resigns, becomes legally incapacitated, or is o'ther~vise unable or unwilling to serve, that Trustee shall be replaced as follows: a. The Death or Disability of a Trustee While We Are Serving as Trustees We may serve as the only Trustees or we may name any number of Trustees to serve with us. If any of these other Trustees subsequently die, resign, become legally incapacitated, or are otherwise unable or unwilling to serve as a Trustee, we may or may not fill the vacancy, as we both agree. b. Disability Trustees of THOMAS D. WEBB Upon the disability of THOMAS D. WEBB, JR. the following shall serve as disability Trustees: 15-2 BETIW R. WEBB and ELIZABETH W. HUHTALA. If the nondisabled Trustmaker is then serving as a Trustee, she shall continue to serve upon the disability of THOMAS D. WEBB, JR. If BETTY R. WEBB is un~lling or unable to serve, or is unable to serve for any other reason, then ELIZABETH W. HUHTALA may serve alone. If ELIZABETH W. HUHTALA is unwilling or unable to serve, or cannot continue to serve for any other reason, then ROBERT R. WEBB shall be named as successor disability Trustee. c. Disability Trustees ofBETTYtL WEBB Upon the disability of BETTY R. WEBB, the following shall serve as disability Trustees: THOMAS D. W-EBB and ELIZABETH W. HUHTALA. If the nondisabled Truslrnaker is then serving as a Trustee, he shall continue to serve upon the disability of BETIT R. WEBB. If THOMAS D. WEBB is unwilling or unable to serve, or cannot continue to serve for any other reason, then ELIZABETH W. HUHLATA shall serve alone. If ELIZABEYH W. HUE continue to serve for any, be named as successor dish d. Death Trustees of Tt LATA Is unwilling or unable to serve, or ,ther reason, then ROBERT R. WEBB shall ~ility Trustee. '~OM. AS D. WEBB On the death of THOMAS D. WEBB, all of the following death Trustees shall replace all of our initial Trustees, if they are then serving, or all of the disability Trustees, if they are then serving: BETTY R. WEBB and ELIZABETH W. HUHTALA, or the sun, ivor of them. 15-3 If the surviving Tmstmaker is then serving as a Trustee, she shall continue to serve upon the death of THOMAS D. WEBB. If BETTY R. WEBB is unwilling or unable to serve as a death Trustee, or cannot continue to serve for any other reason, then ELIZABETH W. HUHTALA shall serve alone. If ELIZABETH W. HUHTALA is unwilling or unable to serve as a death Trustee, or cannot continue to serve for any other reason, then ROBERT R. WEBB shall be named as successor death Trustee. e. Death Trustees ofBETTYtL WEBB On the death of BETTY R. WEBB, all of the following death Trustees shall replace all of our initial Trustees, if they are then serving, or the disability Trustee, if they are then serving: THOMAS D. WEBB and ELIZABETH W. HUHTALA, or the survivor of them. If the surviving Trustmaker is then serving as a Trusteel he shall continue to serve upon the death of BETTY R. WEBB. If BETTY R. WEBB is unwilling or unable to serve as a Trustee, or cannot continue to serve ebr any 'other reason, then ELIZABETH W. HUHTALA shall serve alone. If ELIZABETH W. HUHTALA is unwilling or unable to serve as a death Trustee, or cannot continue to serve for any other reason, then ROBERT R. WEBB shall be named as successor death Trustee. f. Successor Trustees A successor death Trustee shall be replaced upon death, resignation, or legal disability and the next successor death Trustee in the order named above shall serve and carry out the terms and provisions of our trust. A Trustee may be listed more than once in this Section or an initial Trustee may also be named as a disability Trustee or a Trustee who will serve at death. Naming a Trustee more than once is done as a convenience only and is not to be construed as a termination 0f that Trustee' s trusteeship. 15-4 Article Sixteen 05S General Matters and Instructions with Regard to the Trusteeship Section 1. Use of "Trustee" Nomenclature As used throughout this agreement, the word "Trustee" shall refer to our initial Trustee as well as any single, additional, or successor Trustees. It shall also refer to any individual, corporation, or other entity acting as a replacement, substitute, or added Trustee. Section 2. No Requirement to Furnish Bond Our Trustee shall not be required to furnish any bond for the faith_rial performance of its duties. If a bond is required by any law or court of competent jurisdiction, it is our desire that no surety be required on such bond. Section 3. Court Supervision Not Required All trusts created under this agreement shall be administered free from the active super~'ision of any court. Any proceedings to seek judicial instructions or a judicial determination shall be initiated by our Trustee in the appropriate state court having original jurisdiction of those maners relating to the construction and administration of trusts. 16-1 Article Seventeen Our Trusteets Administrative and Investment Powers Section 1. Introduction to Trustee's Powers Except as other~vise provided in this agreement, our Trustee shall have both the administrative and investment powers enumerated under this Article and any other powers granted by law with respect to the Various trusts created by this agreement. Section 2. Powers to Be Exercised in the Best Interests of the Beneficiaries Our Trustee shall exercise the following administrative and investment powers without the order of any court, as our Trustee determines in its sole and absolute discretion to be in the best interests of the beneficiaries. Notwithstanding anything to the contrary in this agreement, our Trustee shall not exercise any power in a manner inconsistent with the beneficiaries' right to the beneficial enjoyment of the trust property in accordance with the general principles of the law of trusts. Section 3. Administrative and Investment Powers Our Trustee is hereby granted the following administrative and investment powers: a. Agricultural Powers Our Trustee may retain, sell, acquire, and continue any farm or ranching operation whether as a sole proprietorship, parmership, or corporation. 17-1 ::::::::::::::::::::: Article Eighteen Definitions and General Provisions Section 1. Definitions For purposes of this agreement, the following words and phrases shall be defined as follows: a. Adopted and Afterborn Persons Persons who are legally adopted while they are under 18 years of age shall be treated for all purposes under this agreement as though they were the naturally bom children of their, adopting parents. An afterbom person is a descendant of ours who is bom after the date that we sign this agreement. A child in gestation who is later bom alive shall be considered a child in being throughout the period of g~station. b. Descendants A person's descendants shall include all of his or her lineal descendants through all generations, A descendant in gestation who is later bom alive shall be considered a descendant in being throughout the period of gestation, An adopted person, and all persons who are the descendants by blood or by legal adoption while under the age of 18 years of such adopted person, shall be considered descendants of the adopting parents as well as the adopting parents' ancestors. c. Per Stirpes Distributions Whenever a distribution is to be made to a person's descendants, per stirpes: 18-1