SW3221007_Power of Attorney_20221020

STATE OF NORTH CAROL INA
COUNTY OF ROWAN
KETNER & DEES
ATTORNEYS AT LAW
121 EAs-r KERR STREVT
Pch'T [3mcF Box 130H
SA1.iSBL'kri•, NORTH CAROLINA 28145-1,M8
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Doc ID: 014862800010 Type: CRP
Recorded: 11/03/2021 at 02.51:36 PM
Fee Amt: $26.00 Page 1 of 10
Rowan, NC
J. E. Brindle Register of Deeds
BK 1 38 / PG89 /
GENERAL POWER OF ATTORNEY
ARTICLE !I
DESIGNATION OF AGENT
Designation of Agent. I, Greer N. Goodman, of Rowan County, North Carolina, being of
sound mind, appoint my daughter, Susan G. Sides, as my Attorney -in -Fact (herein referred to
as my "Agent") for the purposes set out below.
ARTICLE II
GENERAL STATEMENT OF AUTHORITY GRANTED
I grant to my Agent the power to do and perform in a fiduciary capacity as my Agent may
deem advisable anything of any character which I might do or perform for myself if personally
present and acting, including, but not limited to, the specific powers set forth below in Articles III,
IV and V, but excluding those matters which my Agent is not permitted to do as expressly
provided in this General Power of Attorney or as provided by law.
ARTICLE III
SPECIFIC POWERS RELATING TO PROPERTY
My Agent may exercise the following powers relating to property or interests in property
which I now own or may hereafter acquire:
A. Collection of Property. The power to demand, sue for or use other lawful means to
obtain, collect, and take possession and control of any sums of money, debts, checks,
accounts, interest, dividends, annuities, rents, goods, chattels, inheritances, insurance benefits,
social security benefits, unemployment benefits, veteran's benefits and any other claims and
rights whatsoever which are now or may hereafter become due, owing, payable or belonging to
me, and to compromise, settle, arbitrate, abandon or otherwise deal with any such claims;
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B. Sale or Other Disposition of Property. The power to sell, exchange, quitclaim,
convert, partition, grant an option on, abandon or otherwise dispose of all or any part of my real
or personal property or my interest in such property, including, but not limited to, automobiles,
stocks, bonds, and real estate owned by me individually, as a tenant in common, tenant by the
entirety or otherwise, upon any terms and conditions;
C. Acquisition and Retention of Investments. The power to acquire and retain for any
-period of time as investments, without diversification as to kind or amount, any real or personal
property, or interest in such property, including an undivided, temporary or remainder interest,
income or non -income producing, located within or outside the United States, and including, but
not limited to, notes, U.S. Treasury Bonds redeemable at par in payment of federal estate tax,
any other bonds, debentures, mortgages and other obligations, secured or unsecured, common
and preferred stocks, mutual funds (including mutual funds administered or advised by any
corporate Agent acting under this General Power of Attorney), legal and discretionary trust
funds, general and limited partnership interests, membership interests in limited liability
companies, leases and securities of any corporate Agent or any corporation owning stock of the
corporate Agent or of any subsidiary or affiliate of or successor to such corporation;
D. Management of Property. The power to take possession, custody, control and
otherwise manage any of my real or personal property, or my interest in such property,
including, but not limited to, the power (i) to protect, develop, subdivide and consolidate such
property, (ii) to lease such property upon any terms and conditions including options to renew or
purchase and for any period or periods of time and to modify, renew or extend any existing
leases, (iii) to erect, repair, or make improvements to any building or other property and to
remove existing structures, (iv) to establish and maintain reserves for the maintenance,
protection and improvements of such property and for other purposes, (v) to initiate or continue
farming, mining or timber operations on such property, (vi) to purchase and carry casualty and
liability insurance, (vii) to grant or release easements with respect to such property, (viii) to
dedicate or withdraw from dedication such property from public use, and (ix) to join with co -
owners in exercising any such powers;
E. Business Interests. The power to continue to own, or to form initially, and operate
any business interest, whether in the form of a proprietorship, corporation, general or limited
partnership, limited liability company, joint venture or other organization, including. but not
limited to, the power (i) to effect incorporation, dissolution or other change in the form of the
organization of such business interest, (ii) to dispose of any part of such business interest or
acquire the interest of others, (iii) to continue, enter into, modify or terminate any agreements
relating to any such business interest, and (iv) to invest capital or additional capital in or lend
money to such business interest;
F. Borrowing Money. The power (i) to borrow money for my benefit from my Agent;
individually, or from others, upon any terms and conditions, (ii) to secure the payment of any
amount so borrowed by mortgaging, pledging or otherwise encumbering any of my real or
personal property, or my interest in such property, and (iii) to modify, renew or extend the time
for payment of any obligation, secured or unsecured, payable by me for any period or periods of
time and upon any terms and conditions;
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G. Lending Money. The power (i) to lend money to any person upon any terms ana
conditions, (ii) to modify, renew or extend the time for payment of any obligation, secured or
unsecured, payable to me for any period or periods of time and upon any terms and conditions,
and (iii) to foreclose as an incident to the collection of any obligation, any deed of trust or other
lien securing such obligation, to bid on the property at such foreclosure sale or otherwise
acquire the property without foreclosure and to retain the property so obtained;
H. Holding Property in Nominee Form. The power to register and hold any securities
or other property in the name of a nominee or in any other form without disclosure of the agency
relationship, or to hold the same in such form that they will pass by delivery;
I. Exercise of Security Rights. With regard to securities of mine, including stocks,
bonds and any evidence of indebtedness, the power (i) to vote any such securities in person or
by special, limited or general proxy at any shareholders' meeting, (ii) to consent to or participate
in any contract, lease, mortgage, foreclosure, voting trust, purchase, sale or other action by any
corporation, company or association, (iii) to consent to or participate in, facilitate and implement
any plan of incorporation., reincorporation, reorganization, consolidation, merger, liquidation,
readjustment or other similar plan with respect to any such corporation, company or association,
and (iv) to exercise all options, rights and privileges, including the exercise or sale of
conversion, subscription or other rights of whatever nature pertaining to any such securities and
to subscribe for additional securities or other property;
J. Transfer of Property to and Withdrawal of Property from Revocable Trust. The
power to assign, transfer and convey all or any part of my real or personal property, or my
interest in such property, to, and withdraw such property from (i) any revocable trust established
by me or jointly with my spouse during my lifetime, or (ii) any revocable trust established by my
attorney -in -fact during my lifetime which directs the trustee or trustees to administer the trust for
my benefit and to distribute the trust property either to my estate or to the same beneficiaries as
would have received such property if it had been part of my estate upon my death;
K. Creation of Revocable Trusts and Charitable Trusts. The power to create
revocable and charitable trusts which are consistent with my will and with my estate planning
concerns and goals as the same are communicated by me to my attorney -in -fact from time to
time. This power shall include the power to assign, transfer and convey any part of my real or
personal property, or my interests in such property, to any revocable or charitable trust created
by my attorney -in -fact on my behalf.
L. Renunciations. The power to renounce or disclaim in whole or in part the right of
succession to any real or personal property or interest in such property passing to me as an heir
or beneficiary under a will or otherwise when in the opinion of my Agent a renunciation or
disclaimer is advisable for tax purposes;
M. Retirement Plans. The power to exercise any right with regard to any retirement
plan I may have or entered into by my attorney -in -fact on my behalf, including, but not limited to,
the power (i) to create and contribute to an individual retirement account, an employee benefit
plan, or other retirement plan, (ii) to "roll over' plan benefits, (iii) to borrow money from any such
plan, (iv) to select options with respect to any such plan, and (v) to make or charge the
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beneficiary designation of any sucn plan, except inai my duvi riCy-n i-id1,t Uai It IVL uc uca.y. 1"«,u
beneficiary unless my attorney -in -fact is my spouse or a child or grandchild of mine.
ARTICLE IV
SPECIFIC POWERS RELATING TO PERSONAL AFFAIRS
My Agent may exercise the following powers relating to personal affairs:
A. Support. The power to do any acts, including the disbursing of any moneys
belonging to me, which, in the opinion of my Agent, may be necessary or proper for any
purpose in connection my support and maintenance in accordance with my customary standard
of living, including, but not limited to, provisions for housing, clothing, food, transportation,
recreation, education, and the employing of any person whose services may be needed for such
purposes;
B. Health Care. The power to disburse any moneys belonging to me, which, in the
opinion of my Agent, may be necessary or proper for any purpose in connection with my health
care, that is, any care, treatment, service or procedure to maintain, diagnose, treat, or provide
for my physical or mental health or personal care and comfort, including, but not limited to, the
power to pay for the charges of health care providers, such as any physician, dentist or
podiatrist and any hospital, nursing or convalescent home, or other institution; and
C. Other Personal Affairs. The power to do any acts, including the disbursing of any
moneys belonging to me, which, in the opinion of my Agent, may be necessary or proper in
connection with the conduct of my other personal affairs, including, but not limited to, (i)
continuation, use or termination of any charge or credit accounts, (0) payments or contributions
to any charitable, religious or educational organizations, (iii) dealing with my mail and
representing me in any matter concerning the U.S. Postal Service, (iv) continuation or
discontinuation of my membership in any club or other organization, and (v) acceptance or
resignation, on my behalf, from any offices or positions which I may hold including any fiduciary
positions.
ARTICLE V
MISCELLANEOUS SPECIFIC POWERS
My Agent may exercise the following miscellaneous powers:
A. Tax Matters. The power to perform any and all acts that I might perform with respect
to any and all federal, state, local and foreign taxes, for prior tax years as well as for tax years
ending subsequent to the date of this General Power of Attorney, including, but not limited to,
the power (i) to make, execute and file returns, amended returns, powers of attorney, and
declarations of estimated tax, joint or otherwise, (ii) to represent me before any office of the
Internal Revenue Service or other taxing authority with respect to any audit or other tax matter
involving any tax year or period, (iii) to receive confidential information, (iv) to receive, endorse,
and collect checks refunding taxes, penalties or interest, (v) to execute waivers of restrictions on
assessment or collection of deficiencies in tax, (vi) to execute consents extending the statutory
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period for assessment or conecuon or taxe5, tvii) w exccutc ai Iu N1 wo%_.utc Ni VlGOLQ v1 -a -
refund or applications for correction of assessed value, (viii) to execute closing agreements, (ix)
to prosecute, defend, compromise or settle any tax matter, and (x) to delegate authority to or
substitute another agent or attorney respecting any such taxes or tax matters;
B. Banking Transactions. The power (i) to make deposits in or withdrawals from any
account of mine in any banking, trust or investment institution, whether such account is in my
name or in the joint names of myself and any other person, (ii) to open any account or interest
with any such institution in my name or in the name of my Agent or in our names jointly, (iii) to
endorse any checks or negotiable instruments payable to me for collection or deposit to such
accounts and to sign, execute and deliver checks or drafts on such accounts, and (iv) to
exercise any right, option or privilege pertaining to any account, deposit, certificate of deposit, or
other interest with any such institution;
C. Safe Deposits. The power (i) to have access to any safe deposit box held in my
name or in the joint names of myself and any other person, (ii) to lease one or more safe
deposit boxes for safekeeping of my assets, and (iii) to deal with the contents of any safe
deposit box, including the removal of such contents;
D. Legal and Other Actions. The power to cause to be commenced, prosecuted,
defended, appealed, compromised, settled, arbitrated or discontinued in my name as plaintiff or
defendant, as the case may be, any legal or equitable proceedings, judicial or administrative;
E. Employment of Advisors. The power to employ persons, firms and corporations to
advise or assist my Agent, including, but not limited to, agents, accountants, auditors, brokers,
attorneys -at -law, custodians, investment counsel, rental agents, realtors, appraisers and tax
specialists.
F, Legal Documents. The power to make, execute, endorse, acknowledge, and
deliver any and all instruments under seal, oath, verification or otherwise, including, but not
limited to, receipts, endorsements, releases, compromises, deeds, leases, mortgages, deeds of
trust, security agreements, contracts, assignments, options, stock powers, proxies, promissory
notes, bonds, financing statements, subordination agreements, checks, negotiable instruments
and satisfactions or mortgages, deeds of trust and security agreements. My attorney -in -fact is
further authorized to accept service of process on my behalf.
ARTICLE VI
LIMITATIONS ON EXERCISE OF POWERS By AGENT
Notwithstanding the grant of powers in this General Power of Attorney, my Agent shall
have no power (i) to deal with insurance policies I may own on the life of an Agent or (ii) except
as specifically authorized by this General Power of Attorney, to cause assets to pass to my
Agent or in discharge of the legal obligations of my Agent, whether by inter vivos transfer,
designation of beneficiary of any contract or in any other manner.
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EFFECT OF SUBSEQUENT DISABILITY OF PRINCIPAL
This General Power of Attorney is executed pursuant to Article 2 of Chapter 32A of the
General Statutes of North Carolina and shall not be affected by my subsequent incapacity or
mental incompetence.
ARTICLE Vill
ADMINISTRATIVE AND OTHER MISCELLANEOUS PROVISIONS
A. Guardianship Provision. If it becomes necessary for a court to appoint a guardian
of my estate, I nominate my Agent acting under this document to be the guardian of my estate
to serve without bond or security.
113. Reliance of Third Parties on Agent.
1. No person who relies in good faith upon the authority of or any representations
by my Agent shall be liable to me, my estate, my heirs, successors, assigns, or personal
representatives, for actions or omissions by my Agent.
2. The powers conferred on my Agent by this document may be exercised by my
Agent alone, and my Agent's signature or act under the authority granted in this document may
be accepted by persons as fully authorized by me and with the same force and effect as if I
were personally present, competent, and acting on my own behalf. All acts performed in good
faith by my Agent pursuant to this General Power of Attorney are done with my consent and
shall have the same validity and effect as if I were present and exercised the powers myself,
and shall inure to the benefit of and bind me, my estate, my heirs, successors, assigns, and
personal representatives. The authority of my Agent pursuant to this General Power of Attorney
shall be superior to and binding upon my family, relatives, friends, and others.
C. Revocation of General Power of Attorney. If this General power of Attorney has
not been registered in an office of the register of deeds in any county in North Carolina, then in
addition to the methods of revocation provided by Section 32A-1 3(b) of the General Statutes of
North Carolina, this General Power of Attorney may be revoked by my executing and
acknowledging, in the manner provided for execution of durable powers of attorney in Article 2
of Chapter 32A of the General Statutes of North Carolina, a subsequent General Power of
Attorney, a copy of which is delivered to the Agent acting under this General Power of Attorney
in person or to such Person's last known address by certified or registered mail, return receipt
requested.
D. Legal Documents and Incidental Costs. My Agent shall be entitled to sign,
execute, deliver and acknowledge any contract or other document that may be necessary,
desirable, convenient or proper in order to exercise and carry out any of the powers described in
this document and to incur reasonable costs on my behalf incident to the exercise of these
powers.
E. Duty and Limited Liability of Agent. This General Power of Attorney does not
impose a duty on my Agent to exercise granted powers, but when a power is exercised, my
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Agent and my Agent's estate, heirs, successors and assigns are hereby released and forever
discharged by me, my estate, my heirs, successors and assigns and personal representatives
from all liability and from all claims or demands of all kinds arising out of the acts or omissions of
my Agent pursuant to this document, except for willful misconduct or gross negligence.
F. Accountings. My Agent shall keep full and accurate inventories and accounts of all
transactions for me as my Agent. Such inventories and accounts shall be made available for
inspection upon request by me or by my guardian or personal representative. My Agent shall
not be required to file any inventory or accounts with any court or clerk.
G. Removal and Resignation of Agent. I shall have the right to remove an Agent at
any time in a writing signed by me and acknowledged before a notary public and delivered to
the Agent in person or to such person's last known address by certified or registered mail, return
receipt requested. An Agent shall have the right to resign in a writing signed by the Agent and
acknowledged before a notary public and delivered to me and to any other Agent acting under
this General Power of Attorney or, if none, to the designated successor Agent, if any, in person
or to such person's last known address by certified or registered mail, return receipt requested.
H. Relation of Agent to Health Care Agent. Any decision affecting my property or
financial affairs, including a decision as to the disbursement of moneys belonging to me, which
is made by my Health Care Agent appointed pursuant to a Health Care Power of Attorney
meeting the requirements of Article 3 of Chapter 32A of the General Statutes of North Carolina
shall be superior to and binding upon my Agent acting under this General Power of Attorney,
and my Agent acting under this General Power of Attorney shall not be required to inquire into
whether any such decision is necessary to exercise powers relating to health care, or whether
costs incurred by my Health Care Agent are reasonable, and shall not be liable to me, my
estate, my heirs, successors and assigns and personal representatives for any acts or
omissions arising from any such decision.
1. Partial Invalidity. If any part of this General Power of Attorney is declared invalid or
unenforceable under applicable law, such decision shall not affect the validity of the remaining
parts.
J. Compensation of Attorney -in -Fact. In the event I hereafter become incapacitated
or mentally incompetent, then my attorney -in -fact shall be compensated for his services
subsequent to such incapacity or mental incompetence in an amount or amounts as shall be
fixed in the discretion of the clerk of superior court as provided by G.S.Section 32A-11, but I
hereby request such clerk in the exercise of his discretion to be generous to my attorney -In -fact
in awarding compensation and recommend awarding to my attorney -in -fact the maximum
amount allowed by applicable statutes.
K. Survivorship. If any attorney -in -fact under this instrument is disabled or dies, the
other attorney -in -fact, if any, shall continue to serve in that capacity, with full power and
authority under this instrument.
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1 H
reer N. Goodman
Signed, sealed, published and declared by the said Greer N. Goodman as and for his
General Power of Attorney in the presence of us, who, at his request, in our presence, and in
the presence of one another, have hereunto subscribed our names as witnesses:
Witness:
740 Club House Drive
Salisbury, NC 28144
Witness:�- 0. j
4 "+-.
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