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HomeMy WebLinkAbout906699REVOCATION OF DURABLE POWER OF ATTORNEY COMES NOW MARLENE LILLIAN CAUDILL hereby revoking and terminating that certain Durable Power of Attorney dated the 30th day of September, 2004, wherein the said Marlene Lillian Caudill appointed, firstly, Carol Lee Fischlin, and secondly, Barbara Ruth Taylor, to have power to act in her name for personal and business affairs and other dealings. Accordingly, effective as of the date of this instrument, the aforementioned Durable Power of Attorney dated September 30, 2004, executed by Marlene Lillian Caudill is hereby revoked and terminated and is of no further force and effect. A true copy of said Durable Power of Attorney is attached hereto. IN WITNESS WHEREOF, the undersigned has executed this instrument as of the 23rd day of February, 2005. RECEIVED 2/24/2005 at 10:29 AM RECEIVING # 906699 BOOK: 579 PAGE: 524 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY' STATE OF WYOMING ) ) SS. COUNTY OF LINCOLN ) ACKNOWLEDGED before me by Marlene Lillian Caudill this 23rd day of February, 2005. WITNESS my hand and official seal. My Commission expires: NOTARY P, UBLIC DURABLE POWER OF ATTORNEY FOR MARLENE LILLIAN CAUDILL I, MARLENE LILLIAN CAUDILL, being a person legally competent to enter into contracts, hereby make, constitute and appoint CAROL LEE FISCHLIN 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 §§ 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 CAROL LEE FISCHLIN; however, in the event she dies, ceases to act, refuses or is unable to serve, resigns or is removed for cause by a court, then and in such event, I hereby make, constitute and appoint BARBARA RUTH TAYLOR as successor attorney-in-fact. No attorney-in-fact shall be required to furnish or maintain bond. DURABLE POWER OF ATTORNEY FOR MARLENE LILLIAN CAUDILL PAGE 1 OF 3 VII 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: o Demand, sue for, collect, receive and hold all sums of money, dividends, interest, payments on accounts 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 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. 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. o 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 kind, 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 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. Make such payments and expenditures as may be necessary in 'connection with any of the foregoing matters or with the administration of my affairs. DURABLE POWER OF ATTORNEY FOR MARLENE LILLIAN CAUDILL PAGE 2 OF 3 05 '?' 7 !0. 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. 11. 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. 12. 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 30th day of September, 2004. MARLENE LILLIAN CAUDILL STATE OF WYOMING ) ) SS. COUNTY OF LINCOLN ) SUBSCRIBED AND SWORN TO, AND ACKNOWLEDGED before me by Marlene Lillian Caudill this 30th day of September, 2004. WITNESS my hand and official seal. ~ County of ~ State Of ~ LincOln ~ Wyoming NOTARY PUBLIC My Commission expires: DURABLE POWER OF ATTORNEY FOR MARLENE LILLIAN CAUDILL PAGE 3 OF 3