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General Power of Attorney
I, [Name], do hereby appoint my _________, _____________________,
with full power of substitution (herein called "my attorney-in-fact"), my
true and lawful attorney-in-fact, to represent and act for me for and during
the period commencing __________________. In the event that she is
deceased or otherwise unable to serve as my attorney-in-fact, I hereby
appoint my ___________________, _____________________________, to
serve as my true and lawful attorney-in-fact. These powers granted in this
instrument are effective until revoked by me in writing. The powers herein
and hereby conferred are general and my attorney-in-fact is by this power
fully authorized to act in all matters and affairs in my place and stead.
This power of attorney is executed for the purpose of expediting the transaction of all personal,
business and investmentaffairs of mine and to permit action in my name and in my behalf with
respect to any and all my property and affairs during the period of this power as fully and
effectively as I might do were I present and acting, third persons being relieved of the
responsibility to determine, or to require compliance by my attorney-in-fact with,
myinstructions.
In extension and not in limitation of the powers given by other provisions of
this instrument, I confer upon my attorney-in-fact the power to do all
things deemed necessary or proper to carry out the provisions and intent of
this power of attorney, including but not limited to the following powers,
all of which may be exercised from time to time at his discretion and with
respect to property in which I now or hereafter have any interest:
(a) To sell, to exchange, to lease, to make contracts or to grant options concerning or otherwise
transfer or dispose of any of my real or personal property at public or private sale without
advertisement, or through any exchange or dealer and with respect to securities to authorize their
transfer upon the books of the respective companies, for such consideration and upon such terms
as to credit or otherwise as my attorney-in-fact may determine, which leases, contracts and
options may extend beyond the expiration of this power;
(b) To invest in, purchase or otherwise acquire in my name stocks, shares
and obligations of corporations, unincorporated associations, trust,
investment companies, mortgages, notes, choses in action, real estate,
improvements thereon, and other personal and real property as
such attorney-in-fact may deem best without regard to any law now or
hereafter in force limiting investments for any fiduciary;
investment
counsel;
(k) To represent me before any office of the Internal Revenue Service with
respect to any Internal Revenue Service tax matter and for any year or
period;
(l) To represent me before any State of ______________ Department of
Revenue office or the office of any tax or licensing official of any political
subdivision of the State of ______________ with respect to any
______________ or such political subdivision tax matter and for any year or
period; and
(m) To receive confidential information and full power to perform on my
behalf the following acts with respect to the above matters; and,
(n) To receive, to endorse and collect, checks in payment of any refund of
any taxes, penalties, or interest; to execute and file on my behalf all income
tax returns, claims for refund, protests, and declarations of estimated tax,
whether Federal or State; to execute waivers (including offers of waivers) of
restrictions on assessment or collection of deficiencies of tax refund; to
execute consents extending the statutory period for assessment or collection
of taxes; to execute closingagreements under Section 7121 of the Internal
Revenue Code; to delegate authority or to substitute another representative.
Copies of notices and other written communications addressed to me in
proceedings involving the above tax matters should be sent to my attorneyin-fact at any address which he may specify.
The enumeration of specific powers herein shall in no wise limit the general
power and authority of my attorney-in-fact hereunder; and the expiration
of the period of agency hereunder shall in no way affect the validity of his
actions during said period;
All parties dealing with my attorney in-fact in connection with my affairs may
fully rely upon his power and authority to act for me and in my behalf and in
my name, and may accept and rely on agreementsentered into by him
pursuant to this power of attorney.
In addition to, and not in limitation of the above powers, including any
powers
that
may
be
incorporated
by
reference
pursuant
to
________________, my attorney-in-fact shall have the following powers:
To sell, exchange, partition or otherwise dispose of any property or interest
therein from time to time at public or private sale, with or without
advertisement, upon such terms and conditions, including credit, as my
attorney-in-fact shall deem advisable;
___________________________________
Signature
[NOTARY SEAL]
Signed: __________
STATE OF __________ COUNTY OF __________
[NOTARIZATION]
-----
By: __________
may direct to the grantors, or otherwise as they direct during their lives.
After the death of both grantors the successor trustee shall distribute the
trust estate to the following beneficiary or beneficiaries who shall survive
both grantors:(names and addresses) The share of any beneficiary who shall
be under the age of (age) years shall not be paid to such beneficiary but
shall instead be held in trust to apply to his/her use all the income thereof,
and also such amounts of the principal, even to the extent of all, as the
trustees deem necessary or suitable for the support, welfare, and education
of such beneficiary; and when he/she attains the age of (age) years, to pay
him/her the remaining principal, if any. If any beneficiary for whom a
share is held in trust should die before having received all the principal
thereof, then upon his/her death the remaining principal shall be paid to
his/her then living child or children, equally if more than one, and in default
thereof, to the then living descendants of the grantors, per stirpes. No
interest hereunder shall be transferrable or assignable by anybeneficiary, or
be subject during his or her life to the claims of his or her creditors.
Notwithstanding anything herein to the contrary, the trusts hereunder shall
terminate not later than twenty-one (21) years after the death of the
last beneficiary named herein.
3. Revocation and Amendment: The grantors, or the survivor of them, may,
by signed instrument delivered to the trustees, revoke the trusts hereunder,
in whole or in part, or amend this Agreement from time to time in any
manner.
4. Successor Trustees: In the event of the death or incapacity of both cotrustees, we hereby nominate and appoint as successor trustee (name)
and(address). In the event the successor trustee does not serve we appoint
whomever shall at the time be the first designated beneficiary hereunder.
The trustees and their successors shall serve without bond.
5. Trustees' Acceptance: This trust has been accepted by trustees and will be
administered in the State of state and its validity, construction, and all rights
thereunder shall be governed by the laws of that state. In Witness Whereof,
grantors and trustees have executed this Agreement on the date above
written.
_________________________
Grantor
_________________________
Co-Trustee
Grantor
_________________________
Co-Trustee
_________________________
Witness 1
_________________________
Witness 2
Sworn to and subscribed before me this [day] day of [month], [year].
My commission expires:
_________________________
Notary Public
_________________________
Date
Exhibit A
(Separate Page)
(Listing of property included in this agreement)
Escrow Agreement
This Escrow Agreement between (Seller);(Buyer); and (Escrow Agent) is
entered into at the same time that the Seller and Buyer have entered into a
Contract for the Sale and Purchase of Real Estate. This agreement is to be
construed together with the Contract for the Sale and Purchase of Real
Estate (Contract).
The closing of the real estate will take place on [date] at [time A.M./P.M.] at the offices of
[office] located at [address of offices] or at such other time and place as may be agreed on by
Seller and Buyer.
As per the Contract, Buyer has deposited with the Escrow Agent a down
payment of [$].
At closing, the Escrow Agent will pay the amount deposited to the Seller or in accordance with
Seller's instructions. At which time, the Escrow Agent will make the necessary transfer of title
to the said property to the Buyer.
If there is no closing according to the Contract, the Escrow Agent
shall withhold all monies received
until
he
or
she
receives
1. That all properties of any kind or nature, real, personal or mixed, wherever the
same may be found, which belong to each party, shall be and forever remain the
personal estate of said party, including all interest, rents and profits which may
accrue therefrom.
2. That each party shall have at all times the full right and authority, in all
respects the same as each would have if not married, to use, enjoy, manage,
convey and encumber such property as may belong to him or her.
3. That each party may make such disposition of his or her property as the
case may be, by gift or will during his or her lifetime, as each sees fit; and in
the event of the decease of one of the parties, the survivor shall have no
interest in the property of the estate of the other, either by way of
inheritance, succession, family allowance or homestead.
4. That each party, in the event of a separation, shall have no right as against the
other by way of claims for support, alimony, attorney fees, costs,or division of
property.