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HomeMy WebLinkAboutLegal Document "'- 'J . . DURABJ .R GENEMLPOWER OF ATI'ORNEY THE STATE OF TEXAS ~ COUNTY OF BRAZOS ~ THAT I, W. D. FITCH, do hereby appoint LAURA FITCH NORMAND or her successors as my successor attorney-in-fact to act in my name, place and stead, on my behalf and subject to all of the terms and conditions herein set out. 1. APPOINTMENT OF SUCCESSOR ATIORNEY-IN-FACf: Notwithstanding the other provisions of this power of attorney, the rights, powers and authority of my successor attorney shall commence only upon my disability as herein set out and shall remain in full force until such disability is terminated. Disability shall be defined to be a substantial impairment of my ability to care for my property for any cause or reason. For the purposes of the exercise of this power by my successor attorney, my disability shall be conclusively determined by anyone of the following: (a) A written declaration by me to my successor attorney; or (b) A written declaration by my personal physician tome and to my attorney. Should my physician fail to render such a written opinion as to my disability within a reasonable time upon request, then I request that the County Medical Board of the county in which I am then residing appoint three (3) local physicians to conduct an examination into my disability, one of these physicians to be a practicing psychiatrist recognized as such by a medical specialty board. This committee shall be authorized to rely solely upon the written evidence submitted to it whether or not I am actually found to be disabled. The committee shall present its findings in writing to my attorney. The findings of such committee shall be determinative of my disability. 2. DURABIlITY OF POWER OF ATfORNEY: A. THIS POWER OF A TIORNEY SHALL NOT TERMINATE ON THE DISABILITY OF THE PRINCIPALS. B. My death shall not revoke or terminate this power of attorney as to my attorney-in-fact, agent or any other person who, without actual knowledge of my death acts in good faith under this power of attorney. Any action so taken, unless otherwise invalid or unenforceable, shall be binding upon me and my heirs and personal representatives. An affidavit executed by the attorney-in-fact or agent stating that it does not have, at the time of doing an act pursuant to this power of attorney, actual knowledge of the revocation or termination of this power of attorney shall be, in the absence of fraud, conclusive proof of the non-revocation or non-termination of this power at that time. DURABLE GENERAL POWER OF ATTORNEY Page 1 '" c~ I hereby bind myself and my heirs and personal representatives to indemnify my attorney-in-fact and any successor attorney-in-fact who shall so act against all claims, demands, losses, damages, actions and causes of action, including expenses, costs and reasonable attorneys'fees which my attorney at any time may sustain or incur in connection with carrying out the authority granted in this power of attorney. 3. REVOCATION. BOND AND COMPENSATION: This general, power of attorney revokes any previous powers of attorney granted by me and this power of attorney may be voluntarily revoked only by written revocation entered of record in the offices of the County Clerk of Brazos County, Texas. No attorney-in-fact shall be obligated to furnish bond or other security and my attorney-in-fact, and any successor attorneys-in-fact, shall be entitled to reasonable compensation for services rendered and shall be reimbursed for expenses advanced upon my behalf. 4. POWERS OF ATfORNEY-IN-FACf: My attorney-in-fact shall have the following powers, including (but not by way of limitation) the power: (a) To exercise or perform any act, right, power, duty, or obligation whatsoever that I now have or may acquire and the legal right, power or capacity to exercise, do, or perform in connection with, arising out of, or relating to any person, item, transaction, business property, real or personal, tangible or intangible, or matter whatsoever; (b) To ask, demand, sue for, recover, collect, receive and hold and possess all sums of money,debts, dues, goods, wares, merchandise, chattels, effects, bonds, notes, checks, drafts, accounts, deposits, safe deposit boxes, bequests, devises, interests, dividends, stock certificates, certificates of deposit, annuities, pension and .retirement benefits, stock bonus plans and profit sharing plan benefits, stock options, insurance benefits and proceeds, documents of title, choses in action, personal and real property, tangible andintangibie property and rights and demands whatsoever, liquidated or unliquidated, of whatsoever nature of description which now are or hereafter shall be or become due, owing, payable or belonging to me in or by any right, title, ways or means, and upon receipt thereof or of any part thereof to make, sign, execute, and deliver such receipts, releases or other discharges for the same as my said attorney shall think fit; (c) To commence, prosecute, discontinue, or defend all actions or other legal proceedings affecting my estate or any part thereof or affecting any matter in which I or my estate may be in anyway concerned; and to have all lawful ways and means and DURABLE GENERAL POWER OF ATTORNEY Page 2 legal and equitable remedies,procedures and writs in my name for the collection, recovery of any item or matter in which 1 hnve or may acquire an interestnnd to compromise, settle and agree for the same and to make, execute and deliver for me and in my name all endorsements, acquittances, releases, receipts or other sufficient discharges for the same; (d) To lease, purchase, exchange and acquire and to bargain, contract and agree for the lease, purchase and exchange and acquisition of and to take, receive and possess any real or personal property whatsoever, tangible or intangible, or any interest therein, on such terms and conditions and under such covenants as my attorney shall deem proper; (e) To enter into and upon all and each of my real properties, and to let, manage, and improve the same or any part thereof, and to repair or otherwise improve or alter, and to insure any structures thereon; (f) To sell, either at public or private sale, or exchange any part or parts of my real estate or personal property for such consideration and upon such terms as my attorney shall think fit, and to execute and deliver sufficient deeds or other instruments for the conveyance or transfer of the same, with such covenants or warranty or otherwise as my attorney shall see fit, and to give receipts for all or any part of the purchase price or other consideration; (g) To engage in and actively transact any and all lawful business of whatever nature or kind for me and in my name; (h) To sign, endorse, execute, acknowledge, deliver, receive and possess such applications, contracts, agreements, options, covenants, deeds, conveyances, trust deeds, security agreements, bills of sale, leases, mortgages, assignments, insurance policies, bills of lading, warehouse receipts, documents of title, bills, bonds, debentures, checks, drafts, bills of exchange, notes, stock certificates, proxies, warrants, commercial paper, receipts, withdrawal receipts and deposit instruments relating to accounts or deposits in, or certificates of deposit of banks, savings and loan or other institutions or associations (including the right to enter, take possession of, and receipt for the contents of any safe deposit boxes registered in my name), proofs of loss, evidences of debts, releases, and satisfaction of mortgages, judgments, liens, security agreements, and other debts and obligations, and other instruments in writing of whatever kind DURABLE GENERAL POWER OF ATTORNEY Page 3 ~ and nature as may be necessary or proper in the exercise of the powers herein granted; (i) To deposit any monies which may come to my attorney with any bank, savings association, credit union, or other person or entity in my name, or my attorney's own name, and to employ or expend as my attorney shall think fit any of such money or any other money to which I may be entitled which now is or shall be so deposits; to withdraw, in the payment of .any debts, or interest payable to me, or taxes, assessments, insurance, and expenses due and payable or to become due and payable on 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 in my attorney's own name or any nominee in any stocks, shares, bonds, securities or other property, real or personal, as my attorney may think proper, and to receive and give receipts for any income or dividend arising from such investments, and to vary or dispose of such investments; (j) To borrow any sum or sums of money on such terms and with such security, whether real or personal property, as my attorney may think fit, and for that purpose to execute all promissory notes, bonds, mortgages, deeds of trust, security agreements, and other instruments which may be necessary or proper; (k) To engage, employ, compensate, and dismiss any agents, clerks, servants, attorneys at law, accountants, investment advisors, custodians, or other persons in and about the performance of these presents as my attorney shaUthink fit; (1) To vote at the meetings of stockholders or other meetings of any corporation or company, or otherwise act as my attorney or proxy in respect of any stocks, shares, or other instruments now or hereafter held by me therein, and for that purpose to execute any proxies or other instruments; (m) To exercise any powers and any duties vested in me, whether solely or jointly, with any other or others as executor, administrator, or trustee or in any other fiduciary capacity, so far as such power or duty is capable of validly being delegated; and (n) 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 me therein in doing all acts, deeds, matters, and things herein, either particularly or generally described, as fully and effectually to all intents and DURABLE GENERAL POWER OF ATTORNEY Page 4 ... .__..J 'fi \. - .~ purposes as I could do in my own person if personaJJy present and competent. 5. CONSTRUCflON OF POWER OF ATTORNEY: This instrument is to be construed and interpreted as a general power of attorney. The enumeration of specific .powers herein does not limit or restrict, and it is not to be construed or interpreted as limiting or restricting the general power herein granted to my attorney. Words used herein in the singular shall include the pluralt the conjunctive shall include the disjunctive, and the masculine shall include the feminine and neuter and vice versa, unless clearly indicated otherwise. ~ 4 IN WITNESS WHEREOF, I hereunto set my h. and this /$:& day of . U.V '1989.~ W. D. FITCH THE STATE OF TEXAS s COUNTY OF BRAZOS s BEFORE ME, the undersigned authorityt a notary public in and for said County and State, on this day personally appeared W. D. FITCHt known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of ~, ,1989. /)iJ () 0 ~ tl~ r ~ CH:~~i:>~;~~~ON No ~bliC, State of Texas l-.= My Con.m. Exp. Apr:l 23. 1992 -~ / 1 171 DURABLE GENERAL POWER OF ATTORNEY Page 5