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HomeMy WebLinkAbout20080645NUM PGS DOC TAX CK# FEES~PD~CK#~ CHG ACCT # RET FEES: CASH R.O.D. CK# RETURN /-/'rtiriB T•~"~+° ~sfi~,~!E~SgDi '1~91111~IIId11~911NIINllllllllll •.CM .~~~ :~D. COMP g.• 'Z~/fod~ CGMPARE ~/~ CADAS AO ~ AFFIDAVIT ADAMS COUNTY, NE FILED INST. NO.,~>,~.~8 n ~ ~: 5 Date ~D$ Time •~o ~ ~~~~~~~ REGISTER OF DEEDS Chanda Ann Miller, being duly sworn, deposes and states that: 1. She is the attorney-in-fact for Ralph E. Galloway, and that Ralph E. Galloway is the owner of record and is in possession of the real estate described as: Lot Fourteen (14), Block Three (3), Gedney's Addition to the City of Hastings, Adams County, Nebraska, according to the recorded plat thereof. 2. The above-described real estate has been sold, and Chanda Ann Miller will be signing the deed as his attorney-in-fact. 3. Chanda Ann Miller states that she has personal knowledge that the power of attorney has not been revoked and that Ralph E. Galloway is not deceased. The copy of the power of attorney attached is a true and correct copy of the original power of attorney. Dated this ~'~~ day of ~ ! 2008. 9 ~J Chanda Ann Miller m~chf ~h STATE OF NF~~i~~. ) p-{-f-l~tckt ) S S COUNTY OF S' ) The foregoing affidavit was acknowledged before me on;~~ ~P~1rr,c,~v~.,~ / $~ 2008, by Chanda Ann Miller. ,,, ~~ ~ ~~+„ :~' ~.~ ~~ ,~ r t. ~~, f., ;~ otary Publi `' ~ :'~ ~,'_, 3r/ Puk~fie,.C.'~tto~a C© in9y~~f!! ; ., ,mrii~sizi~xF~iiB~ ,!~~e '~~ fir, ;;t- - /~ y Feb. 11. 2008 8:59AM Real Estate Group Of Hastings No, 4268 P. 7 ~~~osas~5 DURABLE POWER OF ATTORNEY I, RALPH E. GALLOWAY, a legal resident of the Clty of Hastings, State of Nebraska, appoint CHANDA ANN MILLER, whose address is Bering, China, my true and lawful attorney, or in the event of her death or inability to act, then SHAWN M. ~IL ER of Zeeland, Michigan, my true and lawful attorney, to do any of the following acts: (1) To buy, sell, convey, lease, or otherwise encumber or dispose of any property whatsoever be It real or personal upon such terms as my said attorney shall think proper; (2 To transact all and every kind of business of whatever nature or kind whatsoever, including to act on my behalf, If I am a Trustee of a Revocable Trust; (3) To make, endorse, receive, or execute checks; (4) To deposit into and withdraw from my Trust my said attorney's name or my name or jointly in both our names, in or from any banking InstJtution, any funds, negotiable paPer, or moneys, which may come into my said attorney's hands as such attorney or which I now or heroafter may have on deposit or be entitled to; (5) To Institute, prosecute, defend, compromise, and dispose of actions, suits, or other pr~oceedings, or othewise engage in litigation;. (e) To act as my attorney or proxy 1n respect to an stocks, shares, bonds, Insurance, annuities or other investments, rights, or interests I may now or hereafter hold or that is held in my Trust; (7) To engage and dismiss agents, counsel and employees and to appoint and remove at pleasure and substitute for any agent of my said attorneyy, In respect to all or any of the matters or things herein mentioned and upon such terms as my attorney shall think flt; (8) To have access to any safe deposit box; LAW OFFICES SEYt,ER, PARKER & MONCRIEF, P.C. 726 EAST SIDE BLVD. P.o. 80X 18B HASTQJGS, NE 68902 (402)063•» 21 (9) To exercis® the authority relating to matters involving my health and medical care, that if I am unable to glue an informed consent to medical treatment, my attorney shall give or withhold such consent for me based upon any treatment choices that I have expressed while competent, whether under this Instrument or athervvlse. To employ and discharge medical personnel Including physicians, psychiatrists, dentists, nurses and therapists as my attorney shall deem necessary for my physical, mental and emotional well-being, and to pay them, or any of them, reasonable compensation, and to give consent to any medical procedures, teats or treatments, Including surgery, to amdnQe for my hospltallzaUon, convatesc®nt care and hospice of home care; to release any and all medie2tl records of any hospital, doctor, regional center (mental hospital) or hospice; (10) Tv make annual gifts to any or all of the beneficiaries named in my will In an, amount of $10,000.00, or In the event that the Internal Revenue Cade Increases the amount of annual gift for exclusion, then such increased amount, for the purpose of reducing federal estate~texea. Such gifts are hereby authorized in accordance with any gilt pattern or single gifts made by me in prior years to the extant that It will have any benefit for family tax planning to reduce federal or state estate taxes and state Inheritance taxes, as determined in the sole dlseretlon of my said attorney. (11) My Agent has the pow®r to prepare, sign, and file on my behalf any and all federal, state and local income (including federal and state estimated and state Interest, dividends and gains), generation skipping, "business tax," and gift tax returns for all periods between the years 1982 and 2082 and to pay any tax due thereon; ro represent me or to sign an Internal Revenue Service Form 2848 ("Power of Attorney and Declaration of Representative") or 8821 ("Tax Information Authorization°) or comparable authonzation, appointing a quallfled lawyer, certified public accountant, or enrolled agent a~~ Feb. 11. 2008 8:59AM Real Estate Group Of Hastings uw o~rc~s SEiLER, PAit1CER & MONCRIEF, P.C. 726 EAST SmB Hi,Vp, >'.o, sox lea HASTINGS, Ng 68902 (402)463.312) No, 4268 P. 8 20~8U845 (including my Agent if my Agent is qualified as such lawyer, accountant or agent) to represent me In all tax matters before any office of the lntemal Revenue Service or any state, local, or foreign taxing authority with respect to all types of taxes, and to specify on said authorization said rypea of taxes and years; to receive from, or inspect confidential information In any oMce of, the lntemal Revenue Service. or state, local, or foreign tax authorlry; and to perform on my behalf the following acts with respect to any federal, state, local and foreign taxes: objections; protests, claims for abatement, refund, or credit In relation to any such tax proposed, levied, or paid; to represent me and to instltut® and prosecute proceedings In court or before any administrative authority to contest any such tax In whole or in part or for recovery of any amount paid in respect of any such tax, to defend or settle any amount paid In respect of any such tax, to give full and final receipt for anY refund or credit, and to endorse and collect any check or other voucher therefor, to receive and deposrt, in any one of my bank accounts, or those of any revocable trust of mine, checks In payment of any refund of federal, state, local, and foreign taxes, penalties, and interest; to pay by check drawn on a bank account of mine or any revocable trust of mine any such tax; interest and penalty, and I direct all banks in which I or any revocable trust of mine have accounts to permit my Aggent to draw checks for payment of sold items and to honor said checks; to execute waivers (Includln® oflera of waivers) of restrictions on assessment or collection of deficiencies in tax and waivers of notice of disallowance of a claim for credit or refund; to execute consents extending the statutory period for assessment or collection of any such taxes; to execute offers in compromise;" to execute closing agreements under I.R.C. Section 7121 or comparable provisions of any state, local, or foreign tax statutes or regulations; to execute consents and agreements under I.R.C. Sections 2032A and 2057 (concerning the qualified family-owned business deduction); to delegate authority or to substitute another representative for any one previously appointed by me or my Agent; and to receive copies of all, notices and other written communications involving my federal, state; local, or foreign taxes at the home or office• address of my Agent. t waive any privileges I may have against disclosure of any confidential tax information to my Agent.- If I am married, to signify, as may be required under I.R.C. Section 2513 or any corresponding section of any futur® United States law, my consent to having one-half (112} of any gift(s) made by my spouse considered as made by me. My Agent may make an income tax, estate tax, gift tax, inheritanc® tax, generation-skipping tax or other tax elections which I could make. (12) My Agent Is authorized to exacute~a revocable trust agreement or amendments with such trustee or trustees as my Agent shall select which trust shall provide that all Income and principal shall be paid to me, to some person br my benefit or applied for my benefit in such amounts as I or my Agent shall request or as the trustee or trustees shall determine, and that on my death any remaining rncome and principal shall be paid to designated beneficiaries, and that the trust may be revoked or amended by me or my Agent at any time and from time to time; provided, however, that any amendment by my Agent must be such that by law or under the provisions of this Instrument such amendment could have been Included In the ongrnal trust agreement; to deliver and convey any or all of my assets to the trust a regiment; to deliver and convey any or all of my assets to the trustee or trustees thereof; to add any or all of my assets to such a trust already In existence at any time of the creation of this instrument or created by me at any time thereafter. The Trustoe may b® my Agent as sole truste® or as oria of several trustees. My Agent is also authorized to withdraw or receive the Income ar corpus of any trust over which I may have a right of receipt or withdrawal and to request and receive the income or corpus of any trust with respect to which the trustee thereof has the discretionary power to make distributions to or on my behalf. My Agent shall have all the powers set forth in my revocable trust and shall have specific authority to act as my trustee by this power of attorney. (13) To renounce and disclaim in whole or in part, fractional shares or specific assets In the manner provided by law, any property or interest in property of any kind whatsoever, passing to me by Intestate succession, as devisee, as successor of a renounced interest, as donee, as beneficiary under a testamentary or nontestamentary Instrument, as donee of a power of appointment, as grantee, as surviving Joint owner or surviving Joint tenant, as beneficiary of an insurance contract, or as the person designated to take pursuant to a power oP appointment exercised by a testamentary or nontestamentary 3~ y ,Feb ,~, 11. 2008 8;59AM Real Estate Group Of Hastings No, 4268 P. 9 ;~oosos45 instrument, or as recipient of any benefit otherwise under a testamentary or nontestamentary instrument, and to execute and dally®r and file In the appropriate Court, or with the proper authority any such renunciation ar disclaimer. GIVING AND GRANTING unto my said attorney full power and authority to do and perbrm all and every act, deed, matter and thing whatsoever In and about my estate, property, and affairs as fully and effectually to all Intents and purposes as I could do if personally present, the above specially enumerated powers being In aid and exempliflcatfon of th® full, complete and general power herein granted and not in limitation of deflnltlon thereof. I hereby declare that any act or thing lawfully done hereunder by, my geld attorney shall be binding on myself end my heirs, legal and personal representatives and assigns whether the same shall have been done before or after my death. I further acknowledge that this instrument consists of three pages and that all of the foregoing attached hereto is a part of said instrument and that the authority given In this instrument shall not b® revoked unless the same be In writing. This power of attomey shall not be aftected or terminated by my disability or incapacity, and also revokes all prior powers of attorney, A photostatic copy of this power of attorney shall be as valid as an original signed copy, DATED this _(„~.,,~ day of ~ , 2000. l~ .GAL STATE OF NE>3RASKA 3 ss, COUNTY OF ADAMS The foregoing instrument was acknowledged before me on the ,~ day of 2000, ry Ralph E. Galloway. 4 .~.~~ Notar~u~fic I OENERA~REN 8 MIuLaReglu My Comm. Exp. Jung 28, 2002 LAW OpFICB9 SELLER. PARIC3;'~t & MONCRIEF, P.C. X26 HAS~r sms sLw. P,O, BOX 188 HASTBJQS, N8 68902 (102)463.31Z! 3 ~~ ~