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HomeMy WebLinkAboutKEATING NO. 1 - ANNEXATION & ZONING - 62-98 - LEGAL DOCS - LEGAL DOCUMENTS (3)JAN-08-99 FRI 11:28 AM FAX NO. P. 05 EXHIBIT A i,EGAL DESCRIPTION OF THE PROPERTY Beginning at the Southeast corner of the Southeast Quarter of Section 7, Township 6 North, Range 68 West of the 6th P.M., Larimer County, Colorado; thence North along the East line of said Southeast Quarter 1319.0 feet, thence West 2538.16 feet to the East line of the railroad right-of-way; thence North 0 degrees 25 minutes W 639.7 feet; thence East 2542.4 feet to the East line of said southeast Quarter; thence South along said Southeast line 639.7 feet to the point of beginning. TOGETIM WITH an easement for an irrigation ditch over and across that part of said sE1/4 lying North of the above -described property, such easement being along the ditches as now exist thereon which provides water to subject property. JAN-08-99 FRI I1:28 All FAX NO. P. 04 upon the representations of my agent or the authority granted to my agent shall incur any liability to inc or my estate as a result orpermitting my agent to exercise any power. 4. Disability of Principal. This General Power of Attorney shall not be affected by my disability. 5. Life Insurance on Life ofAgent. Notwithstanding any other provision ofthis General Power of Attorney, my agent shall have no rights or powers hereunder with respect to any policy of insurance owned by the insuring the life of my agent. 6. Commencement and Termination pate. All rights, powers and authority of said attorney -in -fact to exercise any and all of the rights and powers herein granted shall commence and be in full force and effect on the date hereof; and such rights, Powers and authority shall remain in full .force and effect hereafter until midnight of July 31, 2000. - �- Hendricks STATE OF COLORADO ) ) ss. COUNTY OF1,.4WiltcR 1 f4 The foregoing instrument was acknowledged before me this Jday of f% jn by J. J. IIendricks. . Witness my hand and official seal. My commission expires: Specimen signature of agent: 7 %W VC'k""KM rIN4UA'0A•H6?4D PICSr7/98 JAN-08-99 FRI 11:27 AM FAX NO. P. 03 on such terms and conditions as my agent shall doom proper, and in my name to make, execute, acknowledge and deliver a good and sufficient deed, mortgage, deed of trust, promissorynote or other instrument of indebtedness for whatever purpose; D. Management Powers: To maintain repair, improve, invest, manage, insure, rent, lease, encumber 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, in my name and for my benefit, upon such terms and conditions as my agent shall deem proper; E. Banking Powers: To make, receive and endorse checks and dralls, deposit and withdraw funds, acquire and redeem certificates of deposit, in banks, savings and loan associations and other institutions, execute or release such deeds of trust or other security agreements as may be necessary or proper in the exercise of the rights and powers herein granted; F. Motor Vehicles: To apply for a certificate of title upon, and endorse and transfer title to, any automobile, truck, pickup, van, motorcycle or other 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; G. Business interests: To conduct or participate in any lawful business of whatever nature for me and in my name; execute partnership agreements and amendments thereto; incorporate, reorganize, merge, consolidate, recapitalize, sell, liquidate or dissolve any business; elect or employ officers, directors and agents; carry out the provisions of any agreement for the sale of any business interest or the stock therein; and exercise voting rights with respect to stock, either in person or by proxy, and exercise stock options; H. 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 gilt -splitting provision or other tax election; and to prepare, sign and file any claims for refund of any tax; I. Safe Deposit Boxes: To have access at any time or tunes 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 sale 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. 2. interpretation. "17his 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. 3. 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 JAN-08-99 FRI 11:27 AM FAX NO. P. 02 1 GENERAL POWER OF ATTORNEY 1, ]_ J. Ilendricks the principal, of Burlington, Colorado, designate TeiTy J. Keating of Larimer County, Colorado as my attorney -in -fact and agent (subsequently called "Agent") in my name and for my benefit: 1. General Grant of Power. Except as expressly provided to the contrary i n Paragraph 5, 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 following specifically enumerated powers. 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, with full power of substitution or revocation, hereby ratifying and confirming all that my agent shall lawfully do or cause to be done by virtue of this General Power of Attorney and the powers herein granted. A. Sale and Purchase of Real Property: To contract for the sale, purchase or conveyance, execute real estate listing agreements, leases, promissory notes, closing documents, settlement statements, disclosure documents, assumption documents, agreements, warranty deeds, deeds of trust, mortgages, easements, rights -of -way and all other documents of conveyance, purchase or documents evidencing an interest in real property to any person or persons for such amount or amounts, and upon such terms and conditions as my agent shall deem proper, and in my name, whether individually or in afiduciary capacity, to make, execute, acknowledge and deliver the aforementioned documents, together with all other instructions or documents necessary to effect the sale, purchase, conveyance or encumbrance of the real property described as follows, to -wit: AS ON ATTACIIED EXHIBIT A B. Powers of Colicctiont and Payment: To forgive, request, demand, suc for, recover, collect, receive, hold all such sums of money, debts, dues, commercial paper, checks, drafts, accounts, deposits, legacies, bequests, devises, notices, interests, stock certificates, bonds, dividends, certificates of deposit, annuities, pension, profit sharing, retirement, social security, insurance and other contractual benefits and proceeds, all documents of title, all property, real or personal, intangible and tangible property and property rights and demands whatsoever, liquidated or unliquidated, now orherealter 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 for the collection and recovery thereof, and to adjust, sell, compromise and agree for the swine, 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; C. Power to Acouire and Sell: To acquire, purchase, exchange, grant options to sell, and sell and convey real or personal property, tangible or intangible, or interests therein, JAN-08-99 FRI 11:26 AM FAX NO. P. 01 MARCH & I.ILEY, P.C. 110 FAST OAK STREET, SUITE. 200 PORT COLLINS, CO 80524-2880 PHONE: (970) 4824322 FAX: (970) 482-5719 FAX COVER SHEET TO. Ron Fuchs FROM: Art March FAX NO: 416-2020 CLIENT: Keating PATE: January 8, 1999 TIME: 11:18 am FILE NO: TOTAL NUMBER OF PAGES INCLUDING THIS PAGE: 5 Please notify Lorraine at (970) 482-4322 if all gages arc not received. MFSSAC:[;: Ron, As we just discussed, I am faxing you another copy of the Power of Attorney for J. J. IIendricks. Lorraine Rushing NOTE: THE INFORMATION CONTAINED IN TILTS FACSTMJLE MESSAGE IS ATTORNEY PRIVILEGED ANDWOWAVENMLALINFORMATION INTENDED ONLY FOR TILE USE. OF T'1iF.1NOIVIDUAI, Olt FiNTI.1-Y NAMED ABOVE. IP TIIE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE TO DELIVER ITTO THE INTENDED RFCIPIF.NT, YOU ARE HEREBY NOTIFIED T1IAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROIITBTTED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE IMMEDIATELY NOTIFY US BY TFLF,PHONE AND RETURN THE ORIGINAL MESSAGE TO US AT THE ABOVE. ADDRESS VIA THE U.S. POSTAL SERVICE.