HomeMy WebLinkAboutRequest for ReconveyanceDeschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of August 27, 2008
Please see directions for completing this document on the next page.
DATE: 08/19/2008
FROM: Teresa Rozic Property and Facilities 385-1414
TITLE OF AGENDA ITEM:
Consideration of Chair Signature of Document 2008-475, a Request for Reconveyance
PUBLIC HEARING ON THIS DATE? No
BACKGROUND AND POLICY IMPLICATIONS:
In 2001, Deschutes County sold real property to Lyman Cummings Doyle. Mr. Doyle executed a ';'rust
Deed that named First American Title as Trustee and Deschutes County as Beneficiary. Mr. Doyle has
paid off the loan. First American will prepare, execute and record a reconveyance upon receipt of
Deschutes County's request. Board Chair signature as Beneficiary of the Trust Deed will be adequate to
request the reconveyance.
FISCAL IMPLICATIONS:
$35,829.73 loan payoff plus $125.00 fee for the reconveyance.
RECOMMENDATION & ACTION REQUESTED:
Staff recommends Chair signature of the Request for Reconveyance.
ATTENDANCE: Teresa Rozic
DISTRIBUTION OF DOCUMENTS:
Original Trust Deed to Teresa Rozic for transmittal to First American Title.
DESCHUTES COUNTY DOCUMENT SUMMARY
(NOTE: This form is required to be submitted with ALL contracts and other agreements, regardless of whether the document is to be
on a Board agenda or can be signed by the County Administrator or Department Director. If the document is to be on a Board
agenda, the Agenda Request Form is also required. If this form is not included with the document, the document will be returned to
the Department. Please submit documents to the Board Secretary for tracking purposes, and not directly to Legal Counsel, the
County Administrator or the Commissioners. In addition to submitting this form with your documents, please submit this form
electronically to the Board Secretary.)
Date:
Please complete all sections above the Official Review line.
08/19/2008
Contact Person:
Teresa Rozic
Department:
Contractor/Supplier/Consultant Name:
Insurance Company of Oregon, Trustee
Property and Facilities
Phone #:
385-1414
,Lyman Doyle, Grantor; First American Title
Goods and/or Services: Request for Reconveyance
Background & History: In 2001, Deschutes County sold real property to Lyman
Cummings Doyle. Mr. Doyle executed a Trust Deed that named First American Title as
Trustee and Deschutes County as Beneficiary. Mr. Doyle has paid off the loan. First
American will prepare, execute and record a reconveyance upon receipt of Deschutes
County's request. Board Chair signature as Beneficiary of the Trust Deed will be
adequate to request the reconveyance.
Agreement Starting Date:
Upon signature
Annual Value or Total Payment:
processing reconveyance
Ending Date:
N/A1
$35,829.73 loan payoff and $125.00 fee for
❑ Insurance Certificate Received check box)
Insurance Expiration Date:
Check all that apply:
❑ RFP, Solicitation or Bid Process
D Informal quotes (<$150K)
D Exempt from RFP, Solicitation or Bid Process (specify — see DCC §2.37)
Funding Source: (Included in current budget? ❑ Yes ❑ No
If No, has budget amendment been submitted? 1 Yes 1 1 No
Departmental Contact:
Teresa Rozic
Department Director Approval:
Phone #:
385-1414
Title: Property Specialist
jilt
Signature
Date
Distribution of Document: Original Trust Deed to Teresa Rozic for transmittal to
First American Title
8/19/2( 08
Official Review:
County Signature Required (check one): ❑ BOCC ❑ Department Director (if <$25K)
❑ Administrator (if >$25K but <$150K; if >$150K, BOCC Order No.
Legal Review Date
Document Number
)
8/19/2 08
VOL: 2001 PAGE: 20827
RECORDED DOCUMENT
STATE OF OREGON
COUNTY OF DESCHUTES
DO NOT REMOVE THIS CERTIFICATE
(This certificate constitutes a part of the original instrument in accordance with
ORS 205.180(2). Removal of this certificate may invalidate this certificate and affect
the admissibility of the original instrument into evidence in any legal proceeding.)
I hereby certify that the attached instrument was received
and duly recorded in Deschutes County records:
DATE AND TIME: May. 3, 2001; 11:41 a.m.
RECEIPT NO: 35182
DOCUMENT TYPE: Deed of Trust
FEE PAID: $46.00
NUMBER OF PAGES: 4
MARY SUE PENHOLLOW
DESCHUTES COUNTY CLERK
!pc 1- tvv/ COis(G`t BC'i
FOnI 681 —TRUST DEED (Assignment Restricted).
COPYRIGHT 1999 TEVENS-NESS LAW PUBLISHING CO., PORTLAND, OR 97204
II
NN
TRUST DEED
_Lyman_fttmmi ngs__D_Qy1e_
BHT -1-4 CAV CMR 464 Box 841
APO AE 09226
Grantor's Name and Address
Deschutes County
1134 NW Harriman
Bend OR 97701
Benefklary's Name and Addreas
After recording, return to (Name, Address, Zip):
__Deschutes County
_1130 _NIi_-Herriman
__Bend,_ QR _97701
SPACE RESERVED
FOR
RECORDER'S USE
4.26122
STATE OF OREGON,
County of
I certify that the within instrument was
received for recording on
at o'clock .M., and recorded in
book/reel/volume No. on page
and/or as fee/file/instrument/microfilm/re( eption
No. , Records of this County.
Witness my hand and seal of County affixed.
} ss.
By
NAME TITLE
, Deputy.
THIS TRUST DEED, made on
_LYMAN_.CUI GS_1IflU -
,loos
, between
_.ETRST- RICAN__TITLE-_INSHRANC E _CQ Y OF OREGON
_, as Grantor,
, as Trustee, and
_DESS_ CQQNTY1 A POLITICAL SUBDIVISION OF THE STATE OF OREGON
WITNESSETH:
Grantor irrevocably grants, bargains, sells and conveys to trustee, in trust, with power of sale, the property in
_DESCHIUKS County, Oregon, described as:
TOWNSHIP 17 SOUTH, RANGE 14 EAST OF THE WILLAMETTE MERIDIAN, DESCHUTES COUNTY,
OREGON.
, as Beneficiary,
Section 22: The Northwest Quarter of the Northeast Quarter.
FIRST AMERICAN TITLE
INSURANCE COMPANY OF OREGON
P.O. BOX 323
BEND, OR 97709
together with all and singular the tenements, hereditaments and appurtenances and all other rights thereunto belonging or in any way
now or hereafter appertaining, and the rents, issues and profits thereof, and all fixtures now or hereafter attached to or used in con-
nection with the property.
FOR THE PURPOSE OF SECURING PERFORMANCE of each agreement of grantor herein contained and payment of the sum of _FSZBIY_ VE
__THOUSAND _ _R0J100 (45,000.00)
Dollars, with interest thereon according to the terms of a promissory note of even date herewith, payabletobeneficiary or order and made by grantor, the final
re
payment of principal and interest, if not sooner paid, to be due and payable on —7)// �7 _s_2IUI
The date of maturity of the debt secured by this instrument is the date, stated above, on whic the final installment of the note becomes due and payanle.
Should the grantor either agree to, attempt to, or actually sell, convey, or assign all (or any part) of the property, or all (or any part) of grantor's interest in it without
first obtaining the written consent or approval of the beneficiary, then, at the beneficiary's option*, all obligations secured by this instrument, irrespective of the matu-
rity dates expressed therein, or herein, shall become immediately due and payable. The execution by grantor of an earnest money agreement** does not constitu e a
sale, conveyance or assignment.
To protect the security of this trust deed, grantor agrees:
1. To protect, preserve and maintain the property in good condition and repair; not to remove or demolish any building or improvement thereon; and no to
commit or permit any waste of the property.
2. To complete or restore promptly and in good and habitable condition any building or improvement which may be constructed, damaged or destroyed thL re -
on, and pay when due all costs incurred therefor.
3. To comply with all laws, ordinances, regulations, covenants, conditions and restrictions affecting the property; if the beneficiary so requests, to join in e ce-
cuting such financing statements pursuant to the Uniform Commercial Code as the beneficiary may require, and to pay for filing the same in the proper public of ce
or offices, as well as the cost of all lien searches made by filing officers or searching agencies as may be deemed desirable by the beneficiary.
4. To provide and continuously maintain insurance on the buildings now or hereafter erected on the property against loss or damage by fire and other h Iz-
ards, as the beneficiary may from time to time require, in an amount not less than $insurable value. by one or more companies acceptable to the by n-
eficiary, with loss payable to the latter. All policies of insurance shall be delivered to the beneficiary as soon as issued. If the grantor shall fail for any reason to p o -
cure any such insurance and to deliver the policies to the beneficiary at least fifteen days prior to the expiration of any policy of insurance now or hereafter placed on
the buildings, the beneficiary may procure the same at grantor's expense. The amount collected under any fire or other insurance policy may be applied by benefi-
ciary upon any indebtedness secured hereby and in such order as beneficiary may determine, or at option of beneficiary the entire amount so collected, or any part
thereof, may be released to grantor. Such application or release shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant
5. To keep the property free from construction liens and to pay all taxes, assessments and other charges that may be levied or assessed upon or against to such notice.
het
property before any part of such taxes, assessments and other charges becomes past due or delinquent and promptly deliver receipts therefor to beneficiary. Shoff Id
the grantor fail to make payment of any taxes, assessments, insurance premiums, liens or other charges payable by grantor, either by direct payment or by providi ig
beneficiary with funds with which to make such payment, beneficiary may, at its option, make payment thereof, and the amount so paid, with interest at the rate et
forth in the note secured hereby, together with the obligations described in paragraphs 6 and 7 of this trust deed, shall be added to and become a part of the dibt
secured by this trust deed, without waiver of any rights arising from breach of any of the covenants hereof. For such payments, with interest as aforesaid, the prop, r-
ty hereinbefore described, as well as the grantor, shall be bound to the same extent that they are bound for the payment of the obligation herein described. All su :h
payments shall be immediately due and payable without notice, and the nonpayment thereof shall, at the option of the beneficiary, render all sums secured by t) is
trust deed immediately due and payable and shall constitute a breach of this trust deed.
6. To pay all costs, fees and expenses of this trust, including the cost of title search, as well as the other costs and expenses of the trustee incurred in con-
nection with or in enforcing this obligation, and trustee and attorney fees actually incurred.
7. To appear in and defend any action or proceeding purporting to affect the security rights or powers of beneficiary or trustee; and in any suit, action or pro-
ceeding in which the beneficiary or trustee may appear, including any suit for the foreclosure of this deed or any suit or action related to this instrument, including
but not limited to its validity and/or enforceability, to pay all costs and expenses, including evidence of title and the beneficiary's or trustee's attorney fees. The amount
of attorney fees mentioned in this paragraph in all cases shall be fixed by the trial court, and in the event of an appeal from any judgment or decree of the trial cou,t,
grantor further agrees to pay such sum as the appellate court shall adjudge reasonable as the beneficiary's or trustee's attorney fees on such appeal.
8. In the event that any portion or all of the property shall be taken under the right of eminent domain or condemnation, beneficiary shall have the right, if it
1t is mutually agreed that:
so elects, to require that all or any portion of the monies payable as compensation for such taking which are in excess of the amount required to pay all reasonab e
costs, expenses and attorney fees necessarily paid or incurred by grantor in such proceedings, shall be paid to beneficiary and applied by it first upon any reasonab e
costs and expenses and attorney fees, both in the trial and appellate courts, necessarily paid or incurred by beneficiary in such proceedings, and the balance appli, d
upon the indebtedness secured hereby. Grantor agrees, at its own expense, to take such actions and execute such instruments as shall be necessary in obtaining su, h
compensation promptly upon beneficiary's request.
NOTE: The Trust Deed Act provides that the trustee hereunder must be either an attorney who Is an active member of the Oregon State Bar, a bank, trust company or savings and loan
association authorized to do business under the laws of Oregon or the United States, a title Insurance company authorized to insure title to real property of this state, its subsidiarie ,
affiliates, agents or branches, the United States or any agency thereof, or an escrow agent licensed under ORS 696.505 to 696.565.
*WARNING: 12 USC 1701j-3 regulates and may prohibit exercise of this option.
**The publisher suggests that such an agreement address the Issue of obtaining beneficiary's consent in complete detail.
II
H
D 2008'47
7-0 01-20 V2-1-2
9. At any time, and from time to time upon written request of beneficiary,
case of full reconveyances, for cancellation), without affecting the liability of anpersonefor nt othe paymenf its fees tofrthe Lind indebtedness, ttrusttetation of this deed e mad y
note forconsentendorsementtoak nn
of any map or plat of the property; (b) join in granting any easement or creating any restriction thereon; (c) join in any subordination or otheraagreementaffecting this
deed or the lien or charge thereof; or (d) reconvey, without warranty, all or any part of the property. The grantee in any reconveyance may be described as the "per-
son or persons legally entitled thereto," and the recitals therein of any matters or facts shall be conclusive proof of the truthfulness thereof. Trustee fees for any of the
services mentioned in this paragraph shall be not less than $5.
10. Upon any default by grantor hereunder, beneficiary may, at any time without notice, either in person, by agent, or by a receiver to be appointed by a court,
and without regard to the adequacy of any security for the indebtedness hereby secured, enter upon and take possession of the property or any part thereof, in its own
name sue or otherwise collect the rents, issues and profits, including those past due and unpaid, and apply the same, less costs and expenses of operation and collec-
tion, including reasonable attorney fees, upon any indebtedness secured hereby, and in such order as beneficiary may determine.
11. The entering upon and taking possession of the property, the collection of such rents, issues and profits, or the proceeds of fire and other insurance poli-
cies or compensation or awards for any taking or damage of the property, and the application or release thereof as aforesaid, shall not cure or waive any default or
notice of default hereunder, or invalidate any act done pursuant to such notice.
12. Upon default by grantor in payment of any indebtedness secured hereby or in grantor's performance of any agreement hereunder, time being of the essence
with respect to such payment and/or performance, the beneficiary may declare all sums secured hereby immediately due and payable. In such event, the beneficiary
may elect to proceed to foreclose this trust deed in equity as a mortgage or direct the trustee to foreclose this trust deed by advertisement and sale, or may direct the
trustee to pursue any other right or remedy, either at law or in equity, which the beneficiary may have. In the event the beneficiary elects to foreclose by advertise-
ment and sale, the beneficiary or the trustee shalt execute and cause to be recorded a written notice of default and election to sell the property to satisfy the obliga-
tion secured hereby whereupon the trustee shall fix the time and place of sale, give notice thereof as then required by law and proceed to foreclose this trust deed in
the manner provided in ORS 86.735 to 86.795.
13. After the trustee has commenced foreclosure by advertisement and.sale, and at any time prior to 5 days before the date the trustee conducts the sale, the
grantor or any other person so privileged by ORS 86.753 may cure the default or defaults. If the default consists of a failure to pay, when due, sums secured by the
trust deed, the default may be cured by paying the entire amount due at the time of the cure other than such portion as would not then be due had no default occurred.
Any other default that is capable of being cured may be cured by tendering the performance required under the obligation or trust deed. In any case, in addition to
curing the default or defaults, the person effecting the cure shall pay to the beneficiary all costs and expenses actually incurred in enforcing the obligation of the trust
deed, together with trustee and attorney fees not exceeding the amounts provided by law.
14. Otherwise, the sale shall be held on the date and at the time and place designated in the notice of sale or the time to which the sale may be postponed as
provided by law. The trustee may sell the property either in one parcel or in separate parcels and shall sell the parcel or parcels at auction to the highest bidder for
cash, payable at the time of sale. Trustee shall deliver to the purchaser its deed in form as required by law conveying the property so sold, but without any covenant
or warranty, express or implied. The recitals in the deed of any matters of fact shall be conclusive proof of the truthfulness thereof. Any person, excluding the trustee,
but including the grantor and beneficiary, may purchase at the sale.
15. When trustee sells pursuant to the powers provided herein, trustee shall apply the proceeds of sale to payment of: (1) the expenses of sale, including the
compensation of the trustee and a reasonable charge by trustee's attorney; (2) to the obligation secured by the trust deed; (3) to all persons having recorded liens sub-
sequent to the interest of the trustee in the trust deed as their interests may appear in the order of their priority; and (4) the surplus, if any, to the grantor, or to any
successor in interest entitled to such surplus.
16. Beneficiary may, from time to time, appoint a successor or successors to any trustee named herein or to any successor trustee appointed hereunder. Upon
such appointment, and without conveyance to the successor trustee, the latter shall be vested with all title, powers and duties conferred upon any trustee herein named
or appointed hereunder. Each such appointment and substitution shall be made by written instrument executed by beneficiary, which, when recorded in the mortgage
records of the county or counties in which the property is situated, shall be conclusive proof of proper appointment of the successor trustee.
17. Trustee accepts this trust when this deed, duly executed and acknowledged, is made a public record as provided by law. Trustee is not obligated to notify
any party hereto of pending sale under any other deed of trust or of any action or proceeding in which grantor, beneficiary or trustee shall be a party unless such action
or proceeding is brought by trustee.
The grantor covenants to and agrees with the beneficiary and the beneficiary's successors in interest that the grantor is lawfully seized in fee simple of the real
property and has a valid, unencumbered title thereto, except as may be set forth in any addendum or exhibit attached hereto, and that the grantor will warrant and for-
ever defend the same against all persons whomsoever.
WARNING: Unless grantor provides beneficiary with evidence of insurance coverage as required by the contract or loan agree-
ment between them, beneficiary may purchase insurance at grantor's expense to protect beneficiary's interest. This insurance may,
but need not, also protect grantor's interest. If the collateral becomes damaged, the coverage purchased by beneficiary may not pay
any claim made by or against grantor. Grantor may later cancel the coverage by providing evidence that grantor has obtained prop-
erty coverage elsewhere. Grantor is responsible for the cost of any insurance coverage purchased by beneficiary, which cost may be
added to grantor's contract or loan balance. If it is so added, the interest rate on the underlying contract or loan will apply to it. The
effective date of coverage may be the date grantor's prior coverage lapsed or the date grantor failed to provide proof of coverage.
The coverage beneficiary purchases may be considerably more expensive than insurance grantor might otherwise obtain alone and
may not satisfy any need for property damage coverage or any mandatory liability insurance requirements imposed by applicable
law.
The grantor warrants that the proceeds of the loan represented by the above described note and this trust deed are (choose one):*
(a) primarily for grantor's personal, family or household purposes (see Important Notice below).
(b) for an organization, or (even if grantor is a natural person) are for business or commercial purposes.
This deed applies to, inures to the benefit of, and binds all parties hereto, their heirs, legatees, devisees, administrators, executors, personal representatives,
successors and assigns. The term beneficiary shall mean the holder and owner, including pledgee, of the contract secured hereby, whether or not named as a benefi-
ciary herein.
In construing this trust deed, it is understood that the grantor, trustee and/or beneficiary may each be more than one person; that if the context so requires, the
singular shall be taken to mean and include the plural, and that generally all grammatical changes shall be made, assumed and implied to make the provisions here-
of apply equally to corporations and to individuals.
IN WITNESS WHEREOF, the grantor has executed this instrgInent the day and year first written above.
*IMPORTANT NOTICE: Delete, by lining out, whichever warranty (a)
(b) is inapplicable. If warranty (a) is applicable and the beneficiary is r
a creditor as such word is defined in the Truth -in -Lending Act and Lyman Cummings Doyle
Regulation Z, the beneficiary MUST comply with the Act and
Re.ulation by making required disclosures. For this purpose use
-Ness Form No. 1319, or the equivalent. If compliance with the
of required, disregard this notice.
STATE OF OREGON, County of ) s.
This instrume ; was acknowledged ...re me onDD¢
'1.
by
by
as
of
OFFICIALBONLKINS
NOTARY PUBLIC - OREGON
COMMISSION NO. 309714
MY COMMISSION EXPIRES FEB. 19. 2002
/fir iii/i..iGrl✓!,r'.�'✓I'lJ.l./'yL�.
otary Public for Oregon
My commission expires _
671 i5 -z90.2
REQUEST FOR FULL RECONVEYANCE (To be used only when obligations have been paid.)
TO: _Eros ~_Amer Lcan_SLtie_Snsuxanc_@_ CflJnpAiRffistaf Oregon, Trustee
The undersigned is the legal owner and holder of all indebtedness secured by the foregoing trust deed. All sums secured by the trust deed have been fully paid
and satisfied. You hereby are directed, on payment to you of any sums owing to you under the terms of the trust deed or pursuant to statute, to cancel all evidences
of indebtedness secured by the trust deed (which are delivered to you herewith together with the trust deed) and to reconvey, without warranty, to the parties desig-
nated by the terms of the trust deed, the estate now held by you under the same. Mail the reconveyance and documents to _L na_:0. _CU iing_S Doyle
63295 Johnson Ranch Rd, Bend, OR 97701
DATED August 27, 2008
Do not lose or destroy this Trust Deed OR THE NOTE which it
secures.
Both should be delivered to the trustee for cancellation before -Board—Chair
Board__Chair Beneficiary
reconveyance is made.
•
Deschutes County, a political subdivision c
__
tnes_ a e o
DC 2008:475
GENERAL POWER OF ATTORNEY
2001 _20)71..3
This is a military Power of Attorney prepared pursuant to Title 10, United States
Code, Section 1044b and executed by a person authorized to receive legal assistance from
the military services. Federal law exempts this Power of Attorney from any requirement
of form, substance, formality, or recording that is prescribed for Powers of Attorney
under the laws of a State, the District of Columbia, or a Territory, Commonwealth, or
possession of the United States. Federal law specifies that this Power of Attorney shall
be given the same legal effect as a Power of Attorney prepared and executed in accordance
with the laws of the jurisdiction where it is presented.
KNOW ALL PERSONS BY THESE PRESENTS:
That 1, Z Lumv„���s
, Social Security Number
577 -la , do hereby appointk46'4"'"YA"Q8714141 a'"'°yc✓ re%v+Qe widkv•I'• bo , as
my true and lawful attorney-in-fact to manage and conduct all my affairs and act in all
matters in my name and in my behalf. Such acts shall include:
1. To lease, sell, use, establish title to, register,, insure, transfer, mortgage,
maintain, manage, pledge, exchange or otherwise dispose of or encumber any and all of my
property, real, personal, or mixed, including motor vehicles of any kind, and to execute
and deliver good and sufficient deeds or other instruments for the lease, conveyance,
mortgage, maintenance, or transfer of the same.
2. To buy, receive, lease, accept or otherwise acquire in my name and for my
account, property, real, personal or mixed upon such terms, considerations and conditions
as my said attorney-in-fact shall deem appropriate.
3. To transact all business of mine on my behalf including entering into contracts
and the making of such investments as my attorney shall deem sound.
4. To institute and prosecute, or to appear and defend, any claims or litigation
involving me or my interests. This shall include, but not be limited to, the authority
to present a claim against the United States for damage to or loss of personal property.
5. To prepare, execute, and file all tax returns and to receive and negotiate all
tax refund checks.
6. To execute all documents needed for travel of my family members and
transportation or storage of my property, as authorized by law and Military regulations;
to sign for and clear government or other quarters in the best interests of my family
members and in accordance with law and Military regulations.
7. To demand, act to recover, and receive, all sums of money which are now or will
become owing or belonging to me, and to institute accounts on my behalf and to deposit,
draw upon or expend such funds of mine as are necessary in furtherance of the powers
granted herein. This shall include, but not be limited to, the authority to receive,
endorse, cash, or deposit negotiable instruments made payable to me and drawn upon the
Treasurer, or other fiscal officer or depository, of the United States.
The above described powers are merely examples of the authority granted by this
document and not in limitation or definition thereof. However, my Agent shall have no
rights or powers hereunder with respect to the following:
a. Life Insurance: My Attorney shall have no rights or powers hereunder to cancel
or change the beneficiary of any policy of life insurance owned by me.
ATZK-JA FORM 3872, OCT 97 PREVIOUS EDITIONS ARE OBSOLETE.
zoo_zo���Y
b. Fiduciary Powers: My Attorney shall have no rights or powers hereunder with
respect to any act, power, duty, right or obligation, relating to any person,tatter,
transaction or property, owned by me or in my custody as a trustee, custodian,, personal
representative or other fiduciary capacity for someone else.
I HEREBY GIVE AND GRANT UNTO MY ATTORNEY FULL POWER AND AUTHORITY TO DO AND PERFORM EACH
AND EVERY ACT AND MATTER CONCERNING MY ESTATE, PROPERTY, AND AFFAIRS AS FULLY AND
EFFECTUALLY TO ALL INTENTS AND PURPOSES AS I COULD DO LEGALLY IF I WERE PRESENT.
I HEREBY AUTHORIZE MY ATTORNEY TO INDEMNIFY AND HOLD HARMLESS ANY THIRD PARTY WHO ACCEPTS
AND ACTS UNDER OR IN ACCORDANCE WITH THIS POWER OF ATTORNEY.
I intend for this to be a DURABLE Power of Attorney. This Power of Attorney ,-i11
continue to be effective if I become disabled, incapacitated, or incompetent.
I direct my attorney-in-fact to seek legal counsel in order to determine the
existence of legal requirements, such as required filing or placement of notices, which
may affect the validity of this document.
I HEREBY RATIFY ALL THAT MY ATTORNEY SHALL LAWFULLY DO OR CAUSE TO BE DONE BY THIS
DOCUMENT.
This Power of Attorney shall become effective when I sign and execute it below.
Further, unless sooner revoked or terminated by me, this Power of Attorney shall become
NULL and VOID on S Fc a �c
IN WITNESS WHEREOF, I sign, seal, declare, publish, make and constitute this as and for
my Power of Attorney in the presence of the Notary Public witnessing it at my request
this date, S FE►3 19 95 .
COMMONWEALTH OF KENTUCKY
COUNTY OF HARDIN
I, the undersigned, certify that I am a duly commissioned, qualified, and authorized
notary public. Before me personally, within the territorial limits of my warrant of
authority, appeared the grantor who is known by me to be the person who is described
herein, whose name is subscribed to, and who signed this Power of Attorney, and who,
having been duly sworn, acknowledged that this instrument was executed after its contents
were read and duly explained, and that such execution was a free and voluntary act and
deed for the uses and purposes herein set forth.
IN WI RES WHEREOF, I ha � +-reunto set my hand and affix my official
seal on ��I1�1. ,�.
Allir91"41111Pr.(�rd'
Notary Public
ATZK-JA FORM 3872, QCT 97 (Back)
My Commission Expires: '/4,67_,