Loading...
HomeMy WebLinkAbout905334DURABLE POWER OF ATTORNEY I, Ross W, Merica, being a person legally competent to enter into contracts, hereby make, constitute and appoint my wife, Terry L. Merica, of Thayne, Lincoln County, Wyoming, my true and lawful attorney-in-fact as hereinafter set forth. II I hereby acknowledge and state that this Durable Power of Attorney has been made and executed in accordance with the provisions of Wyoming Statutes Sections 3-5- 101 to 3-5-103, and in anticipation of infirmity resulting from injury, old age, senility, blindness, disease or other similar cause. III I further expressly state that this power shall not become ineffective by reason of any subsequent change in my mental or physical condition including, but not restricted to, incompetency or disability. IV This Durable Power of Attorney shall be effective until my attorney-in-fact has actual knowledge of my death or until the recording of an instrument of revocation, with a true copy of this Durable Power of Attorney attached, in the Office of the County Clerk of the county in which I reside at the time such revocation is filed. V I further declare and stipulate that from and after the date of execution hereof, this General Power of Attorney, shall be effective without condition or limitation over all property, whether real or personal, tangible or intangible, which I may now own or hereafter acquire, and wheresoever situated. VI This General Power of Attorney shall be exercised Solely by 'Terry L. Merica; however, in the event Terry L. Merica dies, ceases to act, refuses or i~ unable to serve, resigns or is removed for cause by a court, then and in such event, I hereby make, RECEIVED 12/17/2004 at 10:01 AM RECEIVING # 905334 1 BOOK: 575 PAGE: 222 JEANNE WAGNER 0905;36t4 constitute and appoint my son, Bart W. Merica, as successor attorney-in-fact. attorney-in-fact shall be required to furnish or maintain bond. VII Neither My attorney-in-fact shall have complete authority to provide for the 'care of my person and property and, in addition thereto but without limitation upon the generality of the foregoing, my attorney-in-fact shall have the power to: Demand, sue for, collect, receive and hold all sums of money, dividends, interest, payments on account of debts and legacies and all property now due or which hereafter may become due and owing to me, and give good valid receipts and discharges for such payments. Buy, sell, assign, transfer, acknowledge and deliver stocks, bonds and other securities standing in my name or belonging to me at such prices as shall seem appropriate to my attorney-in-fact. Borrow money and pledge securities for such loans if in the judgment of my attorney-in-fact such action is necessary. Consent in my name to reorganization and mergers, and to the exchange of securities for new securities. Manage real property; to sell, convey and mortgage realty; to foreclose mortgages; to take title to property in my name if my attorney-in-fact thinks proper; to execute, acknowledge and deliver deeds to real property, mortgages, releases, satisfactions and other instruments relating to realty which my attorney-in-fact considers necessary; and to record this Durable Power of Attorney concurrently with such deeds, mortgages, releases, satisfactions and other instruments relating to realty. Procure, pay for and maintain such insurance on tangible personal property or the improvements upon real estate as my attorney-in-fact deems appropriate. Do business with banks, and particularly to endorse all checks and drafts made payable to my order and collect the proceeds thereof, and further, to enter into and deposit therein or withdraw therefrom property of every 'kihd, tangible or intangible, from safe deposit boxes standing in my name or in the name of my attorney-in-fact at any bank wherever situated in which I shall, at any time have a 022 4 safe deposit box registered in my name or in the name of my attorney-in-fact. Sign in my name checks on all accounts standing in my name, and to withdraw funds from said accounts; to open'accounts in my name or in the name of my attorney-in- fact. Assign and convey real and personal property which I may now own or hereafter acquire into any living trust created by me; any such property to be held, administered and distributed pursuant to the terms thereof. 10. Make such payments and expenditures as may be necessary in connection with any of the foregoing matters or with the administration of my affairs. 11. Retain counsel and attorneys on my behalf; to appear for me in all actions and proceedings to which I may be a party in the courts of the State of Wyoming or any other state in the United States, in the United States courts; to commence actions and proceedings in my name if necessary; and to sign and verify in my name all complaints, petitions, answers and other pleadings of every description. 12. Make and verify income tax returns, and to represent me in all income tax matters before any office of the Internal Revenue Service, within the limitations of the applicable Revenue Rulings and Procedures. 13. Act as trustee for any trust for which I am the duly appointed and acting trustee under any trust agreement or other document. VIII My attorney-in-fact shall be entitled to reimbursement for reasonable expenses incurred in the performance of her duties and to a reasonable compensation for services rendered hereunder, payable out of my income and assets. My attorney-in-fact shall be required to account to me or my legal representative only when requested in writing to do so by myself or my legal representative. IN WITNESS WHEREOF, I have hereunto set my hand as of this 24th day of January, 1995. Ross W. Merica ' Osi aaa4 STATE OF WYOMING COUNTY OF LINCOLN The foregoing Durable Power of Attorney was acknowledged before me by Ross W. Merica, this ;:;z,7~ day of 42,~ 1995. / Witness my hand and official seal. tincc~a Ccua.',.,,. Wycmino Commission Expires June 2, 1C~$ - My commission expires: June 2, 1996. ,/.,~~ ~'. NOT~Y PUBLIC EXHIBIT "A" Yhe Medea Property, as referred to in the Deed recorded in Book 419 P.R., on Page 744 ~nd the Borden property, as referred to in the Deed recorded in Book 419 ?.R., on Page 746, with the Office of the Clerk of Lincoin County, Wyoming within the NW1/4SE1/4 of Section 1, T34N, R1 lPW', of the 6°~ P;M., Lincoln CounD,, Wyoming, the metes and being. more particularly described as follows: BEGINN~G.at the BLM tyPe monument marking the Marlowe A. Scherb¢l. PLS 5368 1994' location f6r the Southwest comer of NEl/4 of said .qeetionl; ;hence 888°52'23"E along the South line of said NEI/4 1,320:08 fe,t to'a BLM type monument marking the Lloyd B. Baker PE/Lg 698 2004 location for the Northwest ¢0rner of the E 1/2SE 1/4 of said Section 1; thenoe S0°33'I 7"W along the West line of said E1/2SEI/4, 1,323.36 feet to at~ Aluminum Cap on the Iron Pipe marking the Lloyd B. Bak~'r PE/L.q 698 2004 location for the Northeast corner ~fthe SWI/4SEI/4; thence N88°52'33"W along tlie North linc, of said SW1/48E1/4, 570.01 feet to an Aluminum Cap on Iron Pipe marking the Southeast Corner of the Woolley Property as refer-red to in the Deed re¢o. rded in Bo6k 440 P.IL, on Page 209, with said Office; tl~ence N0°33'07"E, parallel to tI~e East Line o£the SW1/4 of said Section 1, along the East line of said WoolleY Property, 302,00 feet to an Aluminum Cap on Iron Pipe, marking the Northeast corner of said Woolley propel~;-thence N88052'33"W, parMlol tc Nmlt~ line of said SW1/4SE1/4, along the Noah line of'said .Woolley Property, 750.00 feet to an Aluminum Cap on ken.Pipe marking a point in said' l~{ist line; tl~ence N0°33'07"E along said East line 1,021,43 fee{;.i}d the'Point of Beginning Together with a Right-of--Way Easement for In,ess and Egress, recorded in Book 374 P.R., on Page 163, with said Office.