HomeMy WebLinkAboutPROOF OF OWNERSHIP - 22-00126 - Erikson 40 Acres - 1040 W Main - Lot Line Adjustment0
9ECEIVED
DEC 0 8 1999
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CLERKRECO DER GENERAL POWER OF ATTORNEY
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AL.I V.NCE TITLE & ESGRU"t
P.O. FOX 732
REXBURG, ID 8"1=10
I, ROBERT A. ERIKSON, of 1762 West Main, Rexburg, Madison County, State of Idaho,
designate and appoint my son, WAYNE ERIKSON, of 1786 W. Main, Rexburg, Madison County,
as my attorney-in-fact and agent (subsequently called "agent") to act in my name and for my benefit.
I grant to my agent full power and authority to do everything necessary in exercising any of the powers
herein granted as fully as I might or could do if personally present and fully competent, hereby
ratifying and confirming all that my agent shall lawfully do or cause to be done by virtue of this power
of attorney and the powers herein granted.
1.00 GENERAL GRANT OF POWER. My agent shall have power to exercise or perform
any act, power, duty, right or obligation whatsoever that I now have or may hereafter acquire, relating
to any person, matter, transaction or property, real or personal, tangible or intangible, now owned or
hereafter acquired by me, including, without limitation, the powers specifically enumerated in this
instrument. Generally, my agent shall have power to do and perform all matters, transact all business,
and make, execute and acknowledge all contracts, orders, deeds, mortgages, leases, assignments,
assurances, and instruments of every kind which may be requisite or proper to effectuate the purposes
of this general power of attorney.
2.00 SPECIFIC POWERS. Without in any way limiting the generality of the power and
authority conferred upon my agent by this instrument, my agent shall have and may exercise each of
the following specific powers:
(a) Power to Acquire and Sell. To acquire, purchase, exchange, grant options
and sell, assign, release, convey, mortgage, hypothecate, lease, and accept and take possession of real
and personal property and interests therein, both tangible and intangible, upon such terms, conditions,
and covenants as my agent shall deem proper and to sign, seal, execute and deliver and acknowledge
such deeds, leases, contracts, assignments, indentures, agreements, mortgages, deeds of trust, bills
of sale, security agreements and related forms, exchange agreements, bills, bonds, notes, receipts,
releases and satisfactions of mortgages, security interests, and judgments, and such other instruments
in writing as shall be proper.
(b) Borrowing and Banking Powers. To draw checks, orders of withdrawal,
make deposits and transact any and all matters in connection with any and all accounts or financial
institutions, to ask, demand, sue for, recover, collect and receive all such sums of money, debts, dues,
accounts, legacies, bequests, interests, dividends, annuities and demands' whatsoever as are now, or
shall hereafter become due, owing, payable or belonging to me, and have, use and take all lawful ways
and means in my name or otherwise for the recovery thereof, and to compromise and agree for the
same and grant satisfactions, releases or other sufficient discharges for the same.
(c) Powers of Collection and Pavment. To forgive, request, demand, sue for,
recover, collect, receive and hold all sums of money, debts, dues, commercial paper, checks, drafts,
1 - GENERAL POWER OF ATTORNEY
accounts, deposits, legacies, bequests, devises, notes, interests, stock certificates, bonds, dividends,
certificates of deposit, annuities, pension, profit sharing, retirement, social security, medicare,
insurance; and other contractual benefits and proceeds, all documents of title, all property and property
rights, real or personal, intangible and tangible, and demands whatsoever, liquidated or unliquidated,
now or hereafter owned by, or due, owing, payable or belonging to, me or in which I have or may
hereafter acquire an interest, to have, use, and take all lawful means and equitable and legal remedies
and proceedings in my name and for the collection and recovery thereof including the enforcement of
mortgages, deeds of trust and security instruments, and to adjust, sell, compromise, and agree for the
same, and to execute and deliver for me, on my behalf, and in my name, all endorsements, releases,
receipts, or other sufficient discharges for the same. To pay and discharge all debts and demands due
and payable or which may hereafter become due and payable by me to any person or persons
whomsoever.
(d) Management Powers. To maintain, repair, improve, invest, manage, insure,
rent, lease, encumber, partition and in any manner deal with any real or personal property, tangible
or intangible, or any interest therein, that I now own or may hereafter acquire, upon such terms and
conditions as my agent shall deem proper, and to transfer any or all of my assets to the trustee of any
revocable living trust which I may have created.
(e) Motor Vehicles. To apply for a certificate of title upon, and endorse and
transfer title to, any motor vehicle, and to represent in such transfer assignment that the title to said
motor vehicle is free and clear of all liens and encumbrances except those specifically set forth in such
transfer assignment.
(f) Business Interests. To conduct or participate in any lawful business of
whatever nature; to execute partnership agreements and amendments thereto; to incorporate,
reorganize, merge, consolidate, recapitalize, sell, liquidate or dissolve any business; to elect or employ
officers, directors and agents; to carry out the provisions of any agreement for the sale of any business
interest or the stock therein; and to exercise voting rights with respect to stock, either in person or by
proxy, and exercise stock options.
(g) Tax Powers. To prepare, sign and file joint or separate income tax returns or
declarations of estimated tax for any year or years; to prepare, sign and file gift tax returns with
respect to gifts made by me for any year or years; to consent to any gift and to utilize any gift -splitting
provision or other tax election; and to prepare, sign and file any claims for refund of any tax.
(h) Safe Deposit Boxes. To have access at any time or times to any safe deposit
box rented by me, wheresoever located, and to remove all or any part of the contents thereof, and to
surrender or relinquish said safe deposit box, and any institution in which any such safe deposit box
may be located shall not incur any liability to me or my estate as a result of permitting my agent to
exercise this power.
(i) Gift Transactions. To have the power to make transactions as follows:
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(1) To make gifts to organizations, whether charitable or otherwise, to
which the principal has made gifts, and to satisfy pledges made to organizations by the principal,
(2) To make gifts on behalf of the principal to the principal's spouse,
children, and other descendants or the spouse of any child or other descendant, either outright or in
trust, for purposes which the agent deems to be in the best interest of the principal, specifically
including minimization of income, estate, inheritance, or gift taxes, provided that no agent nor anyone
the agent has a legal obligation to support may be the recipient of any gifts in any one calendar year,
which, in the aggregate, exceed $10,000.00 in value to each recipient, unless gifts in excess of said
amount are specifically authorized by the instrument; and,
(3) To prepare, to execute, to consent to on behalf of the principal, and to
file any return, report, declaration, or other document required by the laws of the United States, or
by any state or subdivision thereof, or by any foreign government, which the agent deems to be
desirable or necessary with respect to any gift made under the authority of this section.
0) Medicaid Qualification. To take actions to qualify the principal for Medicaid,
including but not limited to nursing home financial assistance and without limitation including the
following specific powers:
(1) To divest the principal of sufficient assets so as to qualify for Medicaid
assistance;
(2) To convert the principal's assets into assets to be owned by the principal
which are exempt from the resources allowable under applicable statutes and the Medicaid rules and
regulations;
(3) The power to disclaim any inheritance; and
(4) To change the principal's domicile to any other state where the
Medicaid eligibility rules may be more favorable.
3.00 REVOCABILITY. This power of attorney is revocable, provided, that insofar as any
governmental agency, bank, trust company, insurance company, transfer agent, or other person shall
rely upon this power, this power may be revoked only by a notice in writing executed by me or my
agent and delivered to such person or institution.
4.00 INTERPRETATION. This instrument is to be construed and interpreted as a general
power of attorney. The enumeration of specific powers herein is not intended to, nor does it, limit
or restrict the general powers herein granted to my agent.
5.00 DISABILITY OF PRINCIPAL. This General Power of Attorney shall not be affected
by disability of the principal.
6.00 THIRD -PARTY RELIANCE, Third parties may rely upon the representations of my
agent as to all matters relating to any power granted to my agent, and no person who may act in
reliance upon the representations of my agent or the authority granted to my agent shall incur any
liability to me or my estate as a result of permitting my agent to exercise any power
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7.00 GOVERNING LAW. This General Power of Attorney is executed and delivered in
the State of Idaho and the laws of the State of Idaho shall govern all questions as to the validity of this
power and as to the construction of its provisions.
IN WITNESS WHEREOF, I have executed this General Power of Attorney this day of
(J 1997
ROBERT A. ERIKSON
STATE OF IDAHO )
ss.
County of Madison )
On this day of �''� , 1997, before me, the undersigned, a Notary Public in
and for said state, personally appeared ROB RT A. ERIKSON, known to me to be the person whose
name is subscribed to the within General Power of Attorney, and acknowledged to me that he executed
the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day
and year in this certificate first above written.
Notary blic for the a o
,.
0Cl Residing in Idaho Falls, Idaho
Commission Expires: 10/15/97
@ F
The. following specimen signatures are provided for convenience only and are not required for this
General Power of Attorney to be valid.
C:IERIKSONIPOA.GEN
4 - GENERAL POWER OF ATTORNEY
SPECIMEN SIGNATURE OF AGENT:
13sos2
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CERTIFICATION OF ORIGINAL DOCUMENT
STATE OF IDAHO
ss
County of Bonneville )
I, TODD ERICKSON, a notary public, do hereby certify that on the 24`' day of February, 1997,
I notarized the original General Power of Attorney for ROBERT A. ERIKSON. I further certify that on
E>5X*tW-t2'4, 1999, I carefully compared the attached copy of the GENERAL POWER OF
ATTORNEY with the original. It is a complete and true copy of the original.
Notary Public f Idaho
k.�C ' Residing at: 044" C :5j
My Commission Expires: tb j j Ljj 2_0tZ,
1G .
136062
FILED
AT THE REOUEST OF
ALLIANCE TITLE AND ESCROW
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MARILYN R. RASMUSSEN
COU TY RECO DER
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Recorde�Rquest ..
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