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CADAS - AO ~
ADAMS COUNTY, NE
FILED
INST. NO.~.~.Q ~'
Dated -/1-0~ Time_~Ql2~lh
REGISTER OF DEEDS
The South Fifty-four and One-Half (54 1/z) Feet of Lot Six (6) of Block Four (4)
of Webster & Wemple's Addition to the City'of Hastings, Adams County,
Nebraska, according to the recorded plat thereof, also known as 701 Hewett
Avenue, Hastings, Nebraska.
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200~0~49
DURABLE POWER OF ATTORNEY
AND POWER OF ATTORNEY FOR HEALTH CARE
KNOW ALL MEN BY THESE PRESENTS:
THAT I, Robert Place, now of Campbell, Franklin County,
Nebraska, have made this Durable Power of Attorney pursuant to
Article I of this document and Power of Attorney for Health Care
pursuant to Article II of the document.
ARTICLE I
DURABLE POWER OF ATTORNEY
I do hereby make, constitute and appoint Sheryl Place of 701
Hewitt Street, Hastings, Nebraska 68901, whose tele~~hone number is
(402) 452-2752 as my true and lawful attorney for n:e and i.n m~'
name, place and stead, and on my behalf, subject to the provisions
of Paragraph 19 hereof, to do and execute all or any of the
following acts, deeds and things.
1. To receive debts, payments, and property. To ask, demand,
sue for, recover and receive all sums of money, debts, dues, goods,
wares, merchandise, chattels, effects and things of whatsoever
nature or description which now are or hereafter shall be or become
due, 04~. i ng, pa~'a.r1P; or bel_onaina to me in or by any right, title,
ways or means howsoever, and upon receipt thereof, or any part
thereof, to make, sign, execute and deliver such receipts, releases
or other discharges for the same respectively as my said attorney
shall deem advisable.
2. To settle accounts. To settle any account or reckoning
whatsoever wherein I now am or at any time hereafter shall be in
anywise interested or concerned with any person whomsoever, and to
pay or receive the balance thereof as the case may require.
3. To satisfy security interests and mortgages. To receive
every sum of money which now is or hereafter shall be due or
belonging to me upon the security or by virtue of any security
interest, or agreement, or mortgage, and on receipt of the full
amount secured thereby to execute a good and sufficient release or
other discharge of such security interest, or mortgage by deed or
otherwise.
4. To compound, submit to arbitration, or otherwise settle or
adjust differences. To compound with or make allowances to any
person for or in respect to any debt or demand whatsoever which now
is or shall at any time hereafter become due and payable to me, or
by me, or upon my account, and to take and receive, or to pay and
discharge (as the case may be), any composition or dividend thereof
or thereupon, and to give or receive releases or other discharges
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for the whole of such debts or demands, or to settle, compromise,
or submit to arbitration every such debt or demand and every other
right, matter, and thing due to or concerning me as my attorney
shall think best, and for that purpose to enter into and execute
and deliver such bonds of arbitration or other instruments as my
attorney may deem advisable in the premises.
5. To prosecute and defend. To commence, prosecute,
discontinue or defend all actions or other legal proceedings
touching my estate or any part thereof, or touching any matter in
which I or my estate may be in anywise concerned.
6. To manage real estate. To enter into and upon all and
singular my real estate, and to let, manage and improve the same or
any part thereof, and to repair or otherwise improve, alter or
reconstruct, and to insure, any buildinr~s or structures thereon,
and further to contract with others for the management of such real
estate, and to grant to such others for the management of such real
estate, and to grant to such others all the powers with respect to
such real estate usual in real estate management contracts, and
granted to my said attorney herein.
7. To conduct business. Also to bargain and agree for, buy,
sell, mortgage, hypothecate and in any and every way and manner
deal in and with goods, wares and merchandise, chooses in action
and other property in possession or in action, and to make, do and
transact all and every kind of business of whatsoever nature and
kind.
8. To grant leases, receive rents, and otherwise deal with
tenants and leased property. To contract with any person for
leasing for such periods, including periods longer than my life,
and without regard to the termination of this power of attorney at
such rents and subject to such conditions as my attorney shall see
fit, all or any of my said real estate, and to let any such person
into possession thereof, and to execute all such leases and
contracts as shal_1 be necessary or proper in that behalf, and to
give notice to quit to ariy tenant or occupier thereof, and to
receive and recover from all tenants and occupiers thereof or of
any part thereof all rents, arrears of rent, and sums of money
which now are or shall hereafter become due and payable in respect
thereof, and also on nonpayment thereof or of any part thereof to
take all necessary or proper means and proceedings for terminating
the tenancy or occupation of such tenants or occupiers, and for
ejecting the tenants or occupiers and recovering the possession
thereof.
9. To sell or exchange real or personal estate. To sell
either at public or private sale, or exchange any part or parts of
my real estate or personal property for such consideration, payable
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20080~~9
immediately or upon such terms as my attorney shall think fit, and
to execute and deliver good and sufficient deeds, bills of sale,
endorsements, assignments, or other instruments for the conveyance
or transfer of the same, with such covenants of warranty or
otherwise as my attorney shall see fit, and to give good and
effectual receipts for all or any part of the purchase price or
other consideration.
10. To deposit money, withdraw, invest, and otherwise deal
with tangible property. To deposit any moneys which may come to
their hands as such attorney with any bank or banker; in my name
and to withdraw any of such money or any other money to which I am
entitled which now is or shall be so deposited, and either employ
such money as he shall think fit in the payment of any debts, or
interest, payable by me, or taxes, assessments, insurance, and
expenses due and pay~,r:1P or t~~ become dug= and payable ~:,n account
of my real and personal estate, or in or about any of thE: purposes
herein mentioned, or otherwise for my use and benefit, or to
invest such money in my name in any stocks, shares, bonds,
securities or other property, real or personal, as he may think
proper, and to receive and give receipts for any income or
dividend arising from such investments, and to vary or dispose of
all and any such investments or other investments for my use and
benefit as my attorney herein may think fit.
11. To vote at stockholders' meetings, execute proxies, arld
otherwise substitute for owner. To vote at the meetings of
stockholders or other meetings of any corporation or company, or
otherwise to act as my attorney or proxy, with power of substitu-
tion, in respect of any stocks, shares, bonds, debentures, or
other evidences of ownership, or securities, now or hereafter held
by me and issued by or on account of said corporation or company
and for that purpose to execute any proxies, limited or general,
or other. instruments.
12. To execute deeds, bills, notes, and similar instruments.
For all or any of the purposes herein stated to enter into and
sign, seal, execute, acknowledge, and deliver ar~y contracts,
deeds, or other instruments whatsoever, and to draw, accept, make,
endorse, discount, or otherwise deal with any bills of exchange,
checks, promissory notes, or other commercial or mercantile
instruments.
13. To handle tax matters. To handle tax matters with Local,
State and Federal taxing authorities, including, but not limited
to: executing tax returns, protesting valuations and compromising
tax liabilities on my behalf.
14. To deal in U. S. Treasury securities. To endorse, sign,
or otherwise execute any and all U. S. Treasury securities,
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20G80549
including but not limited to, Series
bonds, and to deliver the same to any
cashed or exchanged for other U. S.
execute on my behalf any document or of
exchange of any such U. S. Treasury
purchase, acquire, or make disposition
my behalf.
H, HH, E, EE, and other
banking institution to be
Treasury securities; to
her request for payment or
bonds; and generally to
of Treasury securities on
15. To do alh other things necessary;in connection herewith.
In general to do all other acts, deeds, matters, and things
whatsoever in or about my estate, property, and affairs, or to
concur with persons jointly interested with myself therein in
doing all acts, deeds, matters, and things herein, either partic-
ularly or generally described, as fully and effectually to all
intents and purposes as I could do in my own proper person if
personally p.r.esen±:, it being my intent to grant t~; my said
attorney a general power to act for me and in my behalf, and not a
limited or special power, limited to the specific acts herein
described.
16. To make gifts. If my estate is ample to provide for my
needs and if there is an estate tax savings purpose, to make gifts
to natural objects of my bounty without the consent or approval of
any court to such gifts.
17. To nominate a guardian-conservator. Pursuant to Neb.
Rev. Stat. 30-2667(2)(Reissue 1995), I nominate Sheryl Place as.my
conservator-guardian of my estate, or guardian of my person for
consideration by the court if protective proceedings for my estate
or myself are hereafter commenced.
18. To waive bond of guardian-conservator. If Sheryl Place
should be appointed by the court as my guardian or conservator, I
waive the requirement of a surety bond.
19. Power of attorney effective notwithstanding disability of
principal; continues in effect after principal's death until
notice. Pursuant to tine provisio~~s of !v'ei.>. Rev. Stat. Scctiois
30-2665, 30-2666 and 30-2668 (Reissue 1995), I declare that this
power of attorney shall not be affected by my disability or
incapacity, and that the authority granted herein shall continue
during any period while I am disabled or incapacitated. Further,
pursuant to said sections, all such authority shall continue after
my death, until notice of such death shall have been received by
my attorney so that he has actual knowledge of the fact that I
have died. Any action taken in good faith by said attorney during
any period while it is uncertain whether I am alive, before she
receives actual knowledge of my death, or, in any event, taken
during any period while I am disabled or incapacitated, shall be
as valid as if I were alive, competent, and not disabled.
,~" of ~
2UU80549
ARTICLE II
POWER OF ATTORNEY FOR HEALTH CARE
I appoint Sheryl Place whose address is 701 Hewitt Street,
Hastings, Nebraska 68901, and whose telephone number is (402) 462-
2252, as my attorney in fact for health care.
I authorize my attorney in fact appointed by this document to
make health care decisions for me when I am determined to be
incapable of making my own health care decisions, I have read the
warning which accompanies this document and understand the
consequences of executing a power of attorney for health care.
1. I direct that my attorney in fact comply with the
following instructions or limitations: If I am in such a condi-
tion that I am unable to maintain respiration or pulse spontane-
ously, or take food by mouth, AND if I am comatose or in a
vegetative state, AND if in the opinion of at least two medical
doctors, there is no hope of my regaining consciousness, I direct
that all artificial life support be withdrawn or withheld, as the
case may be.
"Measures of artificial. life-support'' in the face of imp~~nd-
ing death that I specifically refuse are:
(a) Electrical or mechanical resuscitation of my heart
when it has stopped beating.
(b) Nasogastric tube feeding when I am paralyzed or
unable to take nourishment by mouth.
(c) Mechanical respiration when I am no longer able to
sustain my own breathing.
2 . I cli rect. that my attorney in fact con:nly with the
following instructions on life-sustaining treatment: I direct
that life support be withheld or withdrawn as provided in para-
graph one (1) above, and only under the conditions therein.
However, my attorney in fact is directed to permit liberal use of
pain killing medication.
3. I direct that my attorney in fact comply with the
following instructions on artificially administered nutrition and
hydration: Artificially administered hydration or nutrition
should be withheld or withdrawn in the same manner as artificial
life support and only under the conditions described in paragraph
one (1) above .
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`~OCa~0549
4. I direct that my attorney in fact be authorized to do the
following: To execute and sign or refuse to execute and sign any
and all medical authorizations or consents relating to my mental
and physical health, or my physical custody; to give or receive
instructions from all medical personnel, including but not limited
to doctors, nurses., dentists, surgeons, anesthesiologists, nursing
home administrators, etc. concerning my medical or mental treat-
ment, whether proposed or continued; and to make binding decisions
concerning my medical treatment and my custody irk a hospital, long
term care facility or nursing home.
5. My attorney in fact shall not, because of the appointment
of such. person as my attorney in fact, be personally responsible
for the cost of health care provided to me.
6. My attorney in fact shall have the same right I have to
receive information regarding proposed health care and to receive
and to review medical and clinical records of mine and to consent
to the disclosure of such records.
7. My attorney in fact shall not be guilty of any criminal
offense, subject to any civil_ liability, or be in violation of any
prof_~essional oath or code of etr~ic~ or conduct for any action
taken in good faith pursuant to this power of attorney for health
care.
8. Execution of this power of attorney for health care shall
not constitute a waiver of my right to receive routine hygiene,
nursing, comfort, care, and the usual and typical provision of
nutrition and hydration.
I HAVE READ THIS POWER OF ATTORNEY FOR HEALTH CARE. I
UNDERSTAND THAT IT ALLOWS ANOTHER PERSON TO MAKE LIFE AND DEATH
DECISIONS FOR ME IF I AM INCAPABLE OF MAKING SUCH DECISIONS. I
ALSO UNDERS'T'AND THAT I c"'AN REVOKB' THIS POWER OF ATTORNEY FOR
HEALTH CARE t~T ANY TIME BY NOTIhYINC~ MY ATTORNEY IN FACT, MY
PHYSICIAN, OR THE FACILITY IN WHICH I AM A PATIENT OR RESIDENT. I
ALSO UNDERSTAND THAT I CAN REQUIRE IN THIS POWER OF ATTORNEY FOR
HEALTH CARE THAT THE FACT OF MY INCAPACITY IN THE FUTURE BE
CONFIRMED BY A SECOND PHYSICIAN.
Dated: December ~, 2007.
Robert Place.
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2UU$0549
DECLARATION OF WITNESSES
We declare that the principal is personally known to us, that
the principal signed or acknowledged his signature on this Durable
Power of Attorney and the Power of Attorney for Health Care in our
presence, that the principal appears to be of sound mind and not
under duress or undue influence, and that neither of us nor the
principal's attending physician is the person appointed as
attorney in fact by this document.
Witnessed by:
' nat e of Witness%Date. Printed name of Witness.
Signatu of Witness/Date. Printe name of Witness.
STA`~ E GF NL~?RASF"A )
ss.
COUNTY OF FRANKLIN )
BE IT KNOWN, that on the _f~_~ day of December, 2007, before
me personally came Robert Place, who is to me known to be the
person described in and who executed the above Durable Power of
Attorney and the Power of Attorney for Health Care, and acknowl-
edged the same to be his voluntary act and deed and subscribed and
sworn to before me by ~ ;.-a,~h~ and
l~lllru ~rvrn-~YVLGU~.J , the witness s.
~~
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and
affixed my of.ricial seal, the day and year last above written.
(Seal)
~Pi€:nT•., JOYCE LANG
' :°E"F""`'..'_ MY COMMISSION EXPIRES
~•%•••....•~P= Apri120, 2010
'..FHRAS~.~~
No a Public.
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