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HomeMy WebLinkAboutSpecial Power of Attorney SPECIAL POWER OF ATTORNEY 'Frank Januse and Carmen Januse,residing at 6497 FM 1179, Bryan, Texas 77808, hereby appoint Joe Johnny "JJ" Ruffino of 6000 FM 1179, Bryan, Texas 77808, as my attorney-in-fact ("Agent") to exercise the powers and discretions described below. If the Agent is unable to serve for any reason, I appoint Cherry Ruffino, of 6000 FM 1179, Bryan, Texas 77808, as my alternate or Successor Agent, as the case may be to serve with the same powers and discretions. This Power of Attorney is revoked and shall not be effective if I am incapacitated. My Agent shall have full power and authority to act on my behalf but only to the extent permitted by this Special Power of Attorney. My Agent's powers shall include the power to: rel-%;:t 1. Selk'or convey any interest of mine in real estate located at 112 Navarro Dr College Station, Texas and legally described as A000701,CRAWFORD BURNETT (ICL), TRACT 9.1, 1.9 ACRES This power shall include the power to (i) sell upon such terms as my Agent shall deem appropriate, subject to the limitations (if any) stated above, (ii) sign any documents (includin deeds) that may be required to convey title to such property (including changing tenancy egarding right of survivorship), and(iii) -. =- :;,:;:i,;= . : - . . .. . - . .su,iWT I hereby grant to my Agent the full right, power, and authority to do every act, deed, and thing necessary or advisable to be done regarding the above powers, as fully as I could do if personally present and acting. Any power or authority granted to my Agent under this document shall be limited, to the extent necessary, to prevent this Power of Attorney from causing, (i) my income to be taxable to my Agent, (ii) my assets to be subject to a general power of appointment by my Agent, or(iii)my Agent to have any incidents of ownership with respect to any life insurance policies that I may own on the life of my Agent. My Agent shall not be liable for any loss that results from a judgment error that was made in good faith. However, my Agent shall be liable for willful misconduct or the failure to act in good faith while acting under the authority of this Power of Attorney. A Successor Agent shall not be liable for acts of a prior Agent. No person who relies in good faith on the authority of my Agent under this instrument shall incur any liability to me, my estate or my personal representative. I authorize my Agent to indemnify and hold harmless any third party who accepts and acts under this document. If any part of any provision of this instrument shall be invalid or unenforceable under applicable law, such part shall be ineffective to the extent of such invalidity only, without in any way affecting the remaining parts of such provision or the remaining provisions of this instrument. My Agent shall be entitled to reasonable compensation for any services provided as my Agent. My Agent shall be entitled to reimbursement of all reasonable expenses incurred as a result of carrying out any provision of this Power of Attorney. My Agent shall provide an accounting for all funds handled and all acts performed as my Agent as required under state law or upon my request or the request of any authorized personal representative, fiduciary or court of record acting on my behalf. This Power of Attorney shall become effective immediately. This Power of Attorney shall continue effective until March 31, 2015 or until I lack sufficient mental competence to understand and handle my financial and personal affairs. This Power of Attorney may be revoked by me at any time by providing written notice to my Agent. Dated 1 \' ' , , at Texas, Texas. �.� •r,, . Frank Jai'use and armen Januse STATE OF TEXAS, COUNTY OF BRAZOS, ss: This document was acknowledged before me on d//lied(date)by Frank Januse and Carmen Januse(name of principal). -1 WelJ/1h (signature of notarial officer) 6AN721 6), An1 (printed name) My commission expires L C, 0/7 .�::Lc SANDRA OSTMAN•NOWY aft Wrens ► My Con .ion . 30 2017 Eire. r'�' J . Notice to Person Executing Power of Attorney: A Power of Attorney is an important legal document. By signing the Power of Attorney, you are authorizing another person to act for you, the principal. Before you sign this Power of Attorney, you should know these important facts: Your Agent(attorney-in-fact) has no duty to act unless you and your Agent agree otherwise in writing. This document gives your Agent the powers to manage, dispose of, sell and convey your real and personal property, and to use your property as security if your Agent borrows money on your behalf, unless you provide otherwise in this Power of Attorney. Your Agent will have the right to receive reasonable payment for services provided under this Power of Attorney unless you provide otherwise in this Power of Attorney. The powers you give your Agent will continue to exist for your entire lifetime, unless you state that the Power of Attorney will last for a shorter period of time or unless you otherwise terminate the Power of Attorney. The powers you give your Agent in this Power of Attorney will continue to exist even if you can no longer make your own decisions respecting the management of your property, unless you provide otherwise in this Power of Attorney. You can change or correct the terms of this Power of Attorney only by executing a new Power of Attorney, or by executing an amendment through the same formalities as an original. You have the right to revoke or terminate this Power of Attorney at any time, so long as you are competent. If you revoke the Power of Attorney in the future, you should be aware that the revocation will not be effective in relation to any third parties who rely on this document, unless the third parties have actual notice of the revocation. As a result, you could be bound by some actions of your Agent after the document is revoked. If you name your spouse as your Agent, the Power of Attorney will automatically terminate upon divorce, unless otherwise expressly provided in the Power of Attorney. This Power of Attorney must be dated and must be acknowledged before a notary public. You should read this Power of Attorney carefully. When effective, this Power of Attorney will give your Agent the right to deal with property that you now have or might acquire in the future. The Power of Attorney is important to you. If you do not understand the Power of Attorney, or any provision of it, then you should obtain the assistance of an attorney or other qualified person. Notice to Person Accepting the Appointment as Attorney-in-Fact: By acting or agreeing to act as the Agent (attorney-in-fact) under this Power of Attorney, you assume the fiduciary and other legal responsibilities of an Agent. These responsibilities include: 1. The legal duty to: act solely in the interest of the principal; act loyally, with care, competence, and diligence; and avoid conflicts of interest. 2. The legal duty to keep a record of all transactions made on behalf of the principal, including the responsibility to produce receipts, ledgers and other records of all deposits, disbursements or other transactions involving the principal's assets or indebtedness. 3. The legal duty to timely inform the principal of all actions taken pursuant to this Power of Attorney. 4. To cooperate with the principal's Agent for health care decisions, should the principal appoint such an Agent, in making decisions in accordance with the principal's desires or in the best interest of the principal if the principal's wishes are not known. 5. The legal duty to preserve the principal's estate plan, if one exists, and the principal's desires for such plan to be preserved. 6. The legal duty to keep the principal's property separate and distinct from any other property owned or controlled by you. 7. The legal duty to terminate actions as Agent(Attorney-in-Fact)under this Power of Attorney upon the occurrence of any of the following: a. Principal's death; b. Revocation of the Power of Attorney of principal; c. The arrival of any date stated in the Power of Attorney, which states the termination of the Power of Attorney, if any; or d. No additional action is required under the Power of Attorney. 8. If you are the spouse of the principal, the Power of Attorney terminates upon dissolution of the marriage. 9. You may be held responsible and liable for any intentional actions which violate or abuse your authority under this Power of Attorney as provided by the state and federal laws governing this Power of Attorney. 10. You have the right to seek legal advice if you do not understand your duties as Agent or any provisions in the Power of Attorney. You may not transfer the principal's property to yourself without full and adequate consideration or accept a gift of the principal's property unless this Power of Attorney specifically authorizes you to transfer property to yourself or accept a gift of the principal's property. If you transfer the principal's property to yourself without specific authorization in the Power of Attorney, you may be prosecuted for fraud and/or embezzlement. If the principal is 65 years of age or older at the time that the property is transferred to you without authority, you may also be prosecuted for elder abuse. In addition to criminal prosecution,you may be sued in civil court. I have read the foregoing notice and I understand the legal and fiduciary duties that I assume by acting or agreeing to act as the Agent(attorney-in-fact) under the terms of this Power of Attorney. Date: pie40*/s- Signed: Ogie J':1 "y "JJ" _ mo principal's property to yourself without specific authorization in the Power of Attorney, you may be prosecuted for fraud and/or embezzlement. If the principal is 65 years of age or older at the time that the property is transferred to you without authority, you may also be prosecuted for elder abuse. In addition to criminal prosecution, you may be sued in civil court. I have read the foregoing notice and I understand the legal and fiduciary duties that I assume by acting or agreeing to act as the Agent (attorney-in-fact)under the terms of this Power of Attorney. Date: ev/ /U/� Signed: / Cherry Rufno Notice to Person Accepting the Appointment as Attorney-in-Fact: By acting or agreeing to act as the agent (attorney-in-fact) under this power of attorney you assume the fiduciary and other legal responsibilities of an agent. These responsibilities include: 1. The legal duty to act solely in the interest of the principal and to avoid conflicts of interest. 2. The legal duty to keep a record of all transactions made on behalf of the principal, including the responsibility to produce receipts, ledgers and other records of all deposits, disbursements or other transactions involving the principal's assets or indebtedness. 3. The legal duty to timely inform the principal of all actions taken pursuant to this Power of Attorney. 4. To cooperate with the principal's Agent for health care decisions, should the principal appoint such an Agent, in making decisions in accordance with the principal's desires or in the best interest of the principal if the principals wishes are not known. 5. The legal duty to preserve the principal's estate plan, if one exists. 6. The legal duty to keep the principal's property separate and distinct from any other property owned or controlled by you. 7. The legal duty to terminate actions as Agent(Attorney-in-Fact)under this Power of Attorney upon the occurrence of any of the following: a. Principal's death; b. Revocation of the Power of Attorney of principal; c. The arrival of any date stated in the Power of Attorney, which states the termination of the Power of Attorney, if any; or d. No additional action is required under the Power of Attorney. 8. If you are the spouse of the principal, the Power of Attorney terminates upon dissolution of the marriage. 9. You may be held responsible and liable for any intentional actions which violate or abuse your authority under this Power of Attorney as provided by the state and federal laws governing this Power of Attorney. 10. You have the right to seek legal advice if you do not understand your duties as Agent or any provisions in the Power of Attorney. You may not transfer the principal's property to yourself without full and adequate consideration or accept a gift of the principal's property unless this Power of Attorney specifically authorizes you to transfer property to yourself or accept a gift of the principal's property. If you transfer the