HomeMy WebLinkAbout905529 RECEIVEr} 12/28/2004 at 3:25 PM
RECEIVING # 905529
BOOK: 57(; PAGE: 96
JkJ\NNE WAGNER
LINCOLN COUN'FY CLERK, KEMMERER, VVY
i.?. 0u96
PREAMBLE: This is a MILIT,\Rh' I'()WER OF ATTORNEY prepared pursuant to Title 10
United States Code, Section I044b. and executed by a person authorized to receive legal
assistance from the military service,,. Federal law exempts this power of attorney from any
requirement of form, substance, lbrm'~litv, or recording that is prescribed for powers of attorney
by the laws of a state, the District ~,l ( ',dumbia, or a territory, commonwealth or possession of
the United States. Federal law spec itS,::, that this power of attorney shall be given the same legal
effect as a power of attorney prcl>:~cd and executed in accordance with the laws of the
jurisdiction where it is presented.
GENI:,R,~, I, POWER OF ATTORNEY
KNOW EVERY()NE BY THESE PRESENTS, which are intended to
constitute a Nondurable General l'¢)xxcr of Attorney, THAT I, Erin Todd Fazendin, having an
address at 317 EMERALD SI'RI'il'il . KEMMERER, WY 83101, hereby make, constitute and
appoint my wife, Elizabeth Rebecca ~ azendin, having an address at 317 EMERALD STREET,
KEMMERER, WY 83101, tel. no.: ~(~7 ~,~77-5660, as my attorney-in-fact TO ACT in my name,
place and stead in any way which I o,~ tld do, if I were personally present, to the extent that I am
permitted by law to act through an
(a) to ask, demand, suc fi,r. r,:,:,wer and receive all manner of goods, chattels,
debts, rents, interest, sums o1' ~,)ney and demands whatsoever, due or to become
due, that are thought to bc ,,,, i,~,_,, belonging or payable to me in my own right or
otherwise, and to execute. :,'l, nowledge and deliver acquittances, receipts,
releases, satisfactions or other ,Ii,charges for the same;
(b) to sell, transfer, exchange., ~mvert, abandon, or otherwise dispose of, or grant
options with respect to. real :~,l personal property, at public or private sale, with
or without security, in such lll~ncr, at such times, for such prices, and upon such
terms and conditions as mx 'all,,mc?in-fact may deem necessary or appropriate;
(c) to buy, sell, exchange, i~x cst and reinvest in common or preferred stocks,
bonds, commodities, option,~, limited liability companies, investment trusts,
mutual funds, regulated inx c,I~cnt companies and other types of securities and
financial instruments, foreign ,,,' ~lomestic, including any undivided interest in any
one or more common trust I'~.~,~ds. whether or not such investments be of the
character permissible for in x c,l~ ncnts by fiduciaries under any applicable law, and
without regard to the elTcc! ~11,, such investment may have upon the diversity of
investments; to demand, rccci,,,: and obtain any money or other things of value to
which I am or may become ,,,r may claim to be entitled in connection with any
stocks, bonds or other tqnanci',~l instruments; to cause securities or other property
to be held or registered in thc t]amae of a nominee or nominees or unregistered or
in any other form; to vote in t,,.'rson at meetings of stock or security holders and
adjournments thereof, to enter into voting trust~. ;md to vote by general or limited
proxy with respect to any stock or securities;
(d) to make, execute, endorse, accept and delix cr in nay name or in the name of
my attorney-in-fact all checks, notes, drafl~, xxarrants, securities, stock cer-
tificates, certificates of deposit, bonds, acl,~t,~xxlcdgments, and any other
agreements, certificates or instruments of an, ~:~tm'c. as my attorney-in-fact may
deem necessary or appropriate;
(e) to deposit and withdraw any sums to or l',',,,n any bank, savings or similar
account maintained by me alone or jointly; to ,,l,,.,n. continue, modify or terminate
any account or banking arrangement in my na~c ,,r jointly with others; to borrow
money at such interest rates and upon such ter~,., and conditions as my attorney-
in-fact may deem necessary or appropriate, ami t,, provide security therefor from
my assets; to pay, renew or extend the time of I':O n~cnt of any note give by me or
on my behalf; to prepare financial statements ~.,,~ lccrnir~g my assets and liabilities
or income and expenses, and deliver them t,, dmmcial institutions; to receive
statements, notices and other documents from limmcial institutions; to open or
cause to be opened any safe deposit box in mx ~,:t~nc mad to examine and remove
any or all of the contents of such box; ami I,, conduct such other banking
transactions as my attomey-in-fact may deem necessary or appropriate;
(f) to take possession of, recover, obtain and l',,IJ anx tangible personal property
belonging to me or to which I may be entitled..,~, ~,1 to receive and take for me and
in my name any rents, issues and profits of anx ~ttch property; to purchase, invest
in, reinvest in, accept as a gift, sell, exchange. Ic:~sc. grant options upon, assign,
transfer, abandon, pledge, encumber or otl~crxxisc dispose of any perional
property of any nature and wherever situate: t,, store property for hire or on a
gratuitous bailment; to make repairs and alterat i,,~s: and to execute, acknowledge
and deliver all contracts, leases, notes, securitx ,grecments, guarantees, bills of
sale, assignments, extensions, releases, x~'~ixcrs, consents, and any other
agreements, writings and instruments of Ill)', Imture affecting any personal
property, as my attorney-in-fact may deem necc~,:trx or appropriate;
(g) to possess, recover, manage, hold, contr,,[, develop, subdivide, partition,
mortgage, lease or otherwise deal with any re:ti property belonging to me or to
which I may be entitled; to purchase, invest i~. ~'cinx'¢st in, accept as a gift, sell,
exchange, lease, sublease, grant options upon. <',,~txcv with or without covenants,
quitclaim, assign, transfer, abandon, encumber-t,t' otherwise dispose of any real
property of any nature and wherever situate: t,, borrow money at such interest
rates and upon such terms and conditions .~t~ mx attorney-in-fact may deem
necessary or appropriate, and to provide securitx therefor by mortgage or pledge
of any property; to satisfy, discharge, release ct' ,_,x tend the term of any mortgage;
to apply for zoning, rezoning or other gover~cntal permits; to make repairs,
replacements and improvements, structural or ,,~l~crxx'ise; to pay, compromise or
contest real estate taxes, assessments, water cl~:t,'~2cs and sewer rents; to abstain
0"98
from the payment of real estate taxes, assessmc~t ~./x ater charges and sewer rents,
repairs, maintenance and upkeep of the same: u, u}xtndon property if deemed to be
worthless or not of sufficient value to warnu~ kcq~ing or protecting; to permit
property to be lost by tax sale or other procuu, ling or to convey property for a
nominal consideration or without consideratiu~: :tnd to execute, acknowledge and
deliver all contracts, deeds, leases, mort~ui~u~, notes, security agreements,
guarantees, transfers to trusts, bills of sale, a~i~ n m ents, exten, sions, satisfactions,
releases, waivers, consents, and any other agrcu~cnts, writings and instruments of
any nature affecting any real property, as my ul t~ ~rncx-in-fact may deem necessary
or appropriate;
(h) to commence any actions or proceedin?~ l}ll' the recovery of any real or
personal property or for any other purpose; t,, UlqlXtar in, answer and defend any
actions or proceedings commenced against n~u: und to prosecute, maintain,
appeal, discontinue, compromise, arbitrate, mu~liutc, settle and adjust all actions,
proceedings, accounts, dues and demands that ~u,xx or hereafter may exist, as my
attorney-in-fact may deem necessary or appro p t'i:tt c:
(i) to create, amend or terminate one or more Irtmts. partnerships, corporations,
limited liability companies, co-tenancies or anx ,,~hcr lbrm of ownership or entity
for the purpose of dealing with any property or tm ~pCl'ty interest of any nature that
I may have or hereafter acquire, under such tcn~ und with such provisions as my
attorney-in-fact may deem necessary or approlwi:ttc: to transfer any or all property
in which I have an interest into any trusts, i~',trtncrships, corporations, limited
liability companies, co-tenancies or other entitiu~, xxhether created by me or my
attorney-in-fact or otherwise (and, in this regm'd, thut nay attorney-in-fact may be
a remainderman, partner, shareholder, membur, co-tenant or beneficiary of any
such entity shall not affect the validity of anx '~tution hereunder, and shall not, by
itself, constitute a breach of fiduciary duty): t,, remove property from any such
entity; and to give to any such entity, or to mix i~crsoll acting as agent or trustee
under any instrument executed by me or t,~ ~x behalf, such instructions or
authorizations as I may have the right to give:
(j) to join or become a party to, or to oppose. :tnx reorganization, readjustment,
recapitalization, foreclosure, merger, voting ti'trot, dissolution, consolidation or
exchange, and to deposit any securities with un x ut,mmittee, depository or trustee,
and to pay any fees, expenses and assessmem-, incun'¢d in connection therewith,
and to charge the same to principal, and to cx,'rcisc conversion, subscription or
other rights, and to make any necessary payntu~t5 in connection therewith, or to
sell any such privileges;
(k) to deal with all matters relating to all li,rms of insurance and annuities,
including the procurement, maintenance a~d lcrmination thereof; however,
notwithstanding the powers given my attornex ~ i~-I'uc! in this and other provisions
of this power of attorney, my attorney-in-iUut shall have no incidents of
ownership in any life insurance policy in xvhi<'l~
insures the life of my attorney-in-fact;
0 99
I oxvn an interest and which
(l) to do all acts necessary to maintain my cust,,~rv standard of living and that
of my family and other persons customarily SUl;l~t,rled by me, including without
limitation the power to pay for medical, dental :~d surgical care, living quarters,
usual vacation and travel expenses, shelt~.~, clothing, food, education,
organizational fees and contributions, and other l ix ins costs;
(m) to act for me in all matters which affect mx ~i~2ht to government benefits and
assistance, including without limitation Soci',,l 'qccurity, Medicare, Medicaid,
qualified state tuition programs, and other gt,xcmmcntal benefits and benefits
relating to civil or military service; to file, p~',,:,ccutc, submit to arbitration or
settle any claim for benefits or assistance: 1~, cstublisla new residency and
domicile; and to receive the proceeds of claims .~t ~d c~mserve, invest, disburse and
use them on my behalf;
(n) to take all steps and remedies necessary ~,~ ,l,propriate for the conduct and
management of any business in which I max i~:~xc an interest; to exercise in
person or by proxy any right, privilege or optio~t ~,.,~ I~ich I may have with respect to
any business; to continue, modify, negotiate, rc,~cgotiate, extend and terminate
any and all contracts or agreements heretofore ,,~' hereafter made with respect to
the business; to pay, compromise or contest I-,tt.,it~css taxes or other claims or
obligations; to determine the policies of the bu~,i~css als to the location, methods
and manner of its operations including its fim,~cing, accounting, and insurance;
and to add or remove capital from the business:
(o) to employ such agents, attorneys, accountu~, investment counsel, trustees,
caretakers and other persons and entities providil~g services or advice, irrespective
of whether my attorney-in-fact may be associ,lcd therewith, and to rely upon
information or advice furnished thereby or to i,~,~)ro the same, and to delegate
duties hereunder and pay such compensation..~-, ~l~x attorney-in-fact may deem
necessary or appropriate; and
(p) to do, execute, perfom~ and finish for me a~'~d it~ my name all things which my
attorney-in-fact shall deem necessary or appl'ol~5:~tc in and about or concerning
my property or any part thereof.
I authorize my attorney-in-fact to sell, gl'.,tltl t~ptions upon, convey with or without
covenants, exchange, lease, assign, transfer, encumber ~,' ,,thcrwise dispose of any real property
which I own, together with all improvements thereon a~,f rights relating thereto, in such manner,
at such times, for such prices, and upon such terms a,,t c,,nditions as my attorney-in-fact may
deem necessary or appropriate; to satisfy, discharge, rclc~tsc or extend the term of any mortgage
or deed of trust; to apply for zoning, rezoning o~' ,,thor governmental permits; to pay,
compromise or contest real estate taxes, assessments, xx~t~cr charges and sewer rents; to negotiate,
execute, acknowledge and deliver all contracts, sulc~ ugreements, brokerage agreements,
amendments, deeds, leases, mortgages, notes, securitx :~?ccments, checks, drafts, guarantees,
bills of sale, assignments, extensions, satisfactions, t'clcascs, waivers, consents, affidavits,
transfer tax returns, closing documents, and any other' '~ti~'~'ccments, writings and instruments of
any nature affecting the property, as my attorney-in-2tc~ m~x deem necessary or appropriate; to
prosecute, defend, intervene in, arbitrate, appeal, com l~', ,~isc. settle and otherwise deal with any
claim, action or proceeding in connection with the pn,I)~'rtx or the sale thereof; to do, execute,
perform and finish for me and in my name all thin~ xxhich my attorney-in-fact shall deem
necessary or appropriate in connection with the sale of'ti ~c p~'operty.
In addition, I specifically authorize ,~x attorney-in-fact to deal with tax
authorities, to execute, sign and file on my behalf anx :~mt all federal, state, local and foreign
income, gift, payroll and other tax returns, includin~ c:~timzttcd returns and interest, dividends,
gains and transfer returns, for all periods; to pay any t',~:.,~.s, penalties and interest due thereon; to
allocate generation skipping transfer tax exemptions I x~ ilhin the meaning of Section 2642(a) of
the Internal Revenue Code) and to make tax electio~,: t,~ represent me or to sign an Internal
Revenue Service Form 2848 (Power of Attorney and I)cctaration of Representative) or Form
8821 (Tax Information Authorization), or compan~bl,. ~tuthorization, appointing a qualified
lawyer, certified public accountant or enrolled a[2c~t (including my attorney-in-fact if so
qualified) to represent me before any office of the Intc~'t~l Revenue Service or any state, local or
foreign taxing authority with respect to the types of I~txc~ and years referred to above, and to
specify on said authorization said types of taxes ',~d .xcars; to receive from or inspect
confidential information in any office of the Internal I4~.x cnuc Service or state, local or foreign
tax authority; to receive .and deposit, in any one of mx I,',t~l< accounts, or those of any revocable
trust of mine, checks in payment of any refund of fedc~'~t[, stcite, local or foreign taxes, penalties
and interest; to pay by check drawn on any bank acc,,t~t t~l~ mine or of any revocable trust of
mine and have accounts to permit my attorney-in-fact t,, d~'~xx checks for payment of said items;
to execute waivers (and offers of waivers) of rest~'i~'ti,ms on assessment or collection of
deficiencies in taxes and waivers of notice of disalh,x~ :~cc ora claim for credit or refund; to
execute any requests for extension of time and ctm~.,..~ts extending the statutory period for
assessment or collection of such taxes; to execute lX'titi~,l~.~ contesting taxes; to establish new
residency and domicile; to execute offers in compromi:~' ',md closing Agreements under Section
7121 or comparable provisions of the Internal Rexc~ttc Code or any federal, state, local or
foreign tax statutes or regulations; to delegate authoritx ~,~' to substitute another representative for
any one previously appointed by me or my attorney-i~ Ii,ct: and to receive copies of all notices
and other written communications involving my feck'~l, state, local or foreign taxes at such
address as my attorney-in-fact may designate.
This power of attorney, however, shall ~',',~inz~te on February 23, 2006.
To induce any third party to act herct~dc~'. I hereby agree that any third party
receiving a duly executed copy or facsimile of this poxx ~.~,~1' attorney may act hereunder, and that
revocation or termination hereof shall be ineffective a~ t,, sttcla third party unless and until actual
notice or knowledge of such revocation or terminati~,~ >hatll have been received by such third
party. I, for myself and my heirs, executors, legal rcl~t'~.scntatives and assigns, hereby agree to
indemnify and hold harmless any such third party fi't~ :md against any and all claims that may
arise against such third party by 'reason of such third p:trt.x having relied upon the provisions of
this power of attorney.
This power of attorney shall be governcJ I~x \Vyoming law, although I request
that it be honored in any state or other location in which I ,~r my property may be found. If any
provisions hereof shall be unenforceable or invalid, sucl~ t t~cnl'urceability or invalidity shall not
affect the remaining provisions of this power of attorne\.
IN WITNESS WHEREOF, I have executcJ this power of attorney this 23rd day
of February, 2004.
WITNESS:
Erin Todd
SOC. Sec. Nt~.: ~ i 'c,?; '~q
Ronald C. Goodman
Mark A. Blakely
residing at:
5500 l~,i,.l~t~p Blvd.
Cheyenne. \['Y 82009-3320
residing at:
5500 l¢i~h~l> Blvd
Che)ctlllc. \VY 82001
STATE OF WYOMING, COUNTY OF NATRONA, ss.
foregoing instrument was acknoxklcdgcd belbre me on the ,g3 -r'd'day of
The
February, 2004, by Erin Todd Fazendin.
N{,I;LJ'X tSublic
My commission expires on