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HomeMy WebLinkAbout76295D - Oltman DURABLE POWER OF ATTORNEY ARTICLE I - DESIGNATION OF AGENT Designation of Agent. I, LeROY RAY1VOND OLTM,AN, of Pender County, North Carolina, designate, my son, GAR Y LEE OLTMAN, as my Agent for the purposes set out below. Designation of Successor Agent. If GAR YLEE OLTMAN is not reasonably available or is unable to serve for any reason as any Agent, then I designate my son, ERK OLTMAN, to serve in that capacity as Successor Agent. Pursuant to North Carolina General Statutes § 32C-1-111(b), I give my Agent full power to appoint another to act as my successor Agent, and full power to revoke such appointment of a successor Agent. Each successor agent will be vested with the same power and duties as if originally named. I hereby ratify and affirm that which my Agent (or successor) may lawfully do or cause to be done. This power of attorney is effective immediately. It will not be affected by my subsequent incapacity or mental incompetence. I have full power to revoke this power of attorney as long as I am competent. ARTICLE H - GRANT OF GENERAL AUTHORITY I grant my Agent general authority to act for me with respect to the subjects described in N.C. Gen. Stat. §§ 32C-2-204 - 216. The descriptive terms of these powers are as follows: l . Real Property; 2. Tangible Personal Property; 3. Stocks and Bonds; 4. Commodities and Options; 5. Banks and Other Financial Institutions; 6. Operation of Entity or Business; 7. Insurance and Annuities; 8. Estates, Trusts and Other Beneficial Interests; 9. Claims and Litigation; 10. Personal and Family Maintenance; I I . Benefits from Governmental Programs or Civil or Military Service; 12. Retirement Plans; 13. Taxes ARTICLE III - GRANT OF SPECIFIC AUTHORITY I further grant my Agent authority to exercise the following specific powers on my behalf: 1. Make a gift, subject to the limitations provided in N.C. Gen. Stat. § 32C-2-217, 2. Create or change rights of survivorship; 3. Create or change a beneficiary designation; 4. Authorize another person to exercise the authority granted under this power of attorney; 5. Waive my right to be a beneficiary of a joint and survivor annuity, including a survivor benefit under a retirement plan; b. Exercise fiduciary powers that I have authority to delegate; 7. Disclaim or refuse an interest in property, including a power of appointment; 8. Access and manage the content of electronic communications. ARTICLE IV - EXPLANATION AND DEFINITION OF AUTHORITY All of the powers listed above are subject to the following detail and additional provisions, and are qualified by the limitations set out in Article N below: A. Manage Tax Matters. The powers granted to my Agent relating to tax matters include, without limitation, authority to represent me before the Internal Revenue Service, the North Carolina Department of Revenue, and all other foreign, state, county, municipal and other taxing authorities and further to execute on my behalf powers of attorney, and otherwise to appoint others to represent me before such taxing authorities and before any courts having jurisdiction over issues relating to such tax matters. All such powers will apply to all taxable years beginning on or after January 1, 2010 and ending on or before December 31, 2040. B. Manage Retirement Plans. The powers with regard to any retirement plan in which I am a participant or of which I am a beneficiary (whether established by my Agent or otherwise) will include the power: (i) to make contributions (including "rollover" contributions) or cause contributions to be made to the retirement plan with my funds or otherwise on my behalf, (ii) to receive and endorse checks or other distributions to me from the retirement plan or to arrange for the direct deposit of the same in any account in my name; (iii) to elect a form of payment of benefits from the retirement plan, to withdraw benefits from the retirement plan, and to make, exercise, waive, or consent to any and all elections and options that I may have regarding the contributions to, investments or administration of, or distribution or form of benefits under, such retirement plan; (iv) to borrow money from the retirement plan if I would be permitted under applicable law to do so; and (v) to otherwise make or to change the beneficiary designation of the retirement plan, subject to the provisions herein, except that my Agent may only designate a beneficiary who is my child, or a grandchild, parent or sibling of mine and must consider the relative fairness of the effect of such designations, and consistency with my overall existing estate plan. For purposes of this Paragraph, the reference to "retirement plan' means a plan (of whatever type) qualified under section 401 of the Internal Revenue Code or an individual retirement arrangement under sections 408 and 408A of the Internal Revenue Code or a tax-sheltered annuity under section 403 of the Internal Revenue Code or any other benefit subject to the distribution rules of section 401(a)(9) of the Internal Revenue Code or the corresponding provisions of any subsequent federal tax law. C. Make Gifts. My Agent may make periodic gifts of my real and personal property or my interest in such property to or for the benefit of any one or more of the following (including my Agent): my descendants, the spouses of my descendants, my parents or siblings, or any charitable, religious or educational organization described in sections 170(c) and 2522(a) of the Internal Revenue Code. All powers that I may grant herein to make gifts to anyone, including the Agent, are not to be construed to be limited by my past history of making gifts. Any gifting power created above, will be construed to grant my Agent full power and discretion to make gifts of any asset I own, including real or personal property, in any amount, as fully as I might do myself, for any purpose, including, but not limited to, tax planning or intentional depletion of my estate for other reasons. Gifts may be made in any amount that my agent determines to be advisable, given resources available, the customary standard of living of my donees and their needs, and the relative fairness of the effect of such gifts, and consistency with my overall existing estate plan. D. Manage, Create or Change Rights of Survivorship. My Agent will have the power to create, change or terminate any ownership arrangement, including any bank and brokerage accounts, in which I am a joint tenant owning an interest with one or more other persons with rights of survivorship, except that the Agent may only designate my descendants, parents or siblings of nine as co -owners with right of survivorship, or similar ownership structure, and must consider the relative fairness of the effect of such designations, and consistency with my overall existing estate plan. E. Manage, Create or Change a Beneficiary Designation. My Agent will have the power to create a new beneficiary designation or change an existing beneficiary designation of any retirement plan or insurance or annuity contract or other account at any financial institution in which I have an interest, except that the Agent may only designate my descendants, parents or siblings of mine as beneficiaries, and must consider the relative fairness of the effect of such designations, and consistency with my overall existing estate plan. F. Delegate Authority Granted Under the Power of Attorney. My Agent will have the power to delegate to another person any of the authority granted to my Agent or engage another person on my behalf. If an appointment of another Agent is necessary, my Agent may appoint such person and revoke the appointment. G. Exercise Authority Over the Content of Electronic Communications. My Agent will have the power to exercise authority, take control over, and request an authorized disclosure of the contents of any electronic communication sent or received by me, any catalogue of electronic communications sent or received by me, and any other digital asset of mine, including passwords. H. Dealings with Revocable Trusts. The power to exercise my powers as Settlor of a revocable trust, with respect to (i) the revocation and amendment of the revocable trust, (ii) the addition to the revocable trust of all or any part of my real or personal property or my interest in such property, and (iii) the disposition of the property of the revocable trust and the power to create a revocable trust with me as Settlor, except that the exercise of the powers granted in this paragraph shall not alter the designation of beneficiaries to receive property on my death under my existing estate plan. ARTICLE V - LIMITATIONS ON EXERCISE OF POWERS BY AGENT The following limitations will apply to the exercise of the powers by my Agent in addition to any other limitations provided in this power of attorney: Notwithstanding a grant of authority to do an act described above in this power of attorney, my Agent may exercise such authority only as my Agent determines is consistent with my objectives if actually known by my Agent and, if unknown, as my Agent determines is consistent with my best interests based on all relevant factors which may include the following: (i) the value and nature of my property; (ii) my foreseeable obligations and need for maintenance; (iii) minimization of taxes, including income, estate, inheritance, generation -skipping transfer, and gift taxes; (iv) eligibility for a benefit, program, or assistance under a statute or regulation; (v) my personal history of making or joining in making gifts; (vi) and my existing estate plan. ARTICLE VI - MISCELLANEOUS MATTERS RELATED TO MY AGENT A. Guardianship. I nominate my Agent acting under this document to be the guardian of my estate if protective proceedings for my estate have begun after I execute this power of attorney. I also nominate my Agent to be the guardian of my person, unless a guardian of my person has been named by me in a health care power of attorney, in which case that nomination will take precedence. B. Accountings. My Agent will keep a record of all receipts, disbursements, and transactions made on my behalf, but my Agent is not required to disclose such records to anyone other than me unless ordered by a court or requested by me or my guardian, or upon my death by my personal representative or a successor in interest to my estate. C. Resignation of Agent. My Agent will have the right to resign by giving written notice of resignation to me if I am not incapacitated or if I am incapacitated to my guardian if one has been appointed and any co -agent or, if none, the successor agent next designated. D. Duty and Liability of Agent. If my Agent accepts the authority under this power of attorney, then in exercising a power granted to my Agent, my Agent will act in accordance with my reasonable expectations if known and, otherwise, in my best interests, in good faith, and only within the scope of the authority granted in this power of attorney. E. Coordination with Health Care Agent. My Agent will cooperate with my Health Care Agent appointed pursuant to a Health Care Power of Attorney meeting the requirements of Article III, Chapter 32A of the North Carolina General Statutes. Any decision regarding my health care affecting my property or financial affairs, including a decision as to the disbursement of money or other property belonging to me, which is made by my Health Care Agent, will be superior to and binding upon my Agent acting under this power of attorney, and my Agent will not be required to inquire as to whether any such decision is necessary to exercise the powers relating to health care, or whether costs incurred by my Health Care Agent are reasonable, and will not be liable to me or to my successors, assigns, heirs or personal representatives for any acts or omissions arising from any such decision. F. Compensation of Agent. No individual serving as my agent will receive compensation for services rendered as Agent. Any corporate entity that acts as my agent may receive that compensation for services which it customarily charges for like services at the time the services under this power of attorney are rendered. Any Agent will be reimbursed, without Court review or approval, for any expenses actually, necessarily and reasonably incurred in the course of acting as my Agent. ARTICLE VII - RELIANCE ON THIS POWER OF ATTORNEY A person who in good faith accepts this power of attorney without actual knowledge that the power of attorney or my Agent's purported authority is void, invalid, or terminated, or that my Agent exceeded my Agent's authority, may rely on the power of attorney and my Agent's authority as if they were genuine, valid, and still in effect and shall not be held responsible for any breach of fiduciary duty by my Agent. ARTICLE Vlll - REVOCATION AND TERMINATION A. Revocation of Prior Powers of Attorney. In addition to other events or occurrences revoking my Agent's authority under this power of attorney, I may revoke my Agent's authority at any time by a writing executed by me and delivered to my Agent in person or to my Agent's last known address by US Postal Service, First Class mail, postage prepaid. I do not intend by the execution of this power of attorney to revoke any previously executed Power of Attorney, Health Care Power of Attorney or other power of attorney for limited or specific purpose. If I decide to revoke any prior powers of attorney, I will notify the agent acting under any such previously executed power of attorney of its revocation in a writing delivered in person or to the agent's last known address by US Postal Service, First Class mail, postage prepaid. B. Termination of this Power of Attorney. This power of attorney will terminate upon (i) my death, (ii) my revocation of this power of attorney, (iii) my revocation of my Agent's authority, or upon my Agent's death, incapacity or resignation, if this power of attorney does not provide for another agent to act, or (iv) upon termination by my general guardian or the guardian of my estate. ARTICLE IX - MEANING AND EFFECT The meaning and effect of this power of attorney will for all purposes be determined by the law of the State of North Carolina. ARTICLE X - EFFECTIVE DATE AND DURABILITY This power of attorney is effective on the date I sign it, and it will not be affected by my subsequent incapacity. I have signed this power of attorney this day of January, 2019. SEAL L eR 0 Yk4 YMa D OLTX4N STATE OF NORTH CAROLINA / COUNTY OF WAKE On this the jgj_ day of January, 2019, LeROY RAYMOND OLTMAN personally appeared before me, acknowledging to me that he signed the foregoing document. NI„N IM ill i I //Illl//l/l Diane A. Wallis, Notary Public -s Commission Expires: 10/13/2020 //d11111111NN/ Y r Q ADJACENT RIPARIAN PROPERTY OWNER STATEMENT I hereby certify that I own property adjacent to Stewart Brown ( 's property located at 904 Beacon St Hampste8 ZT9erty Owner) on Howe Creek (AddreBs, Lot, Block, Road, etc.) in _Hampstead / Pender County N.C. (Waterbody) (City/Town and/or County) TI licant has described to me, as shown below, the development proposed at the above location. I have no objection to this proposal. I have objections to this proposal. DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT (Individual proposing development must fill in description below or attach a site drawing) See Attached WAIVER SECTION I understand that a pier, dock, mooring pilings, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) I do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback require (Property Owner Info ati n) Print ar'rype Name Mailing Address r+a—mad fAQ 28443 wry1watelzip _1`2QQ1 dAA_RR7n Telbphorre Number --L241202Q-- Dare Signaiure Pnnl or Type Name 9n4 RPar nn 41 Mailing Address 44 City/State/Zip Te ephone Number n-5/201202n _ Dale (Revised 611&2012) ADJACENT RIPARIAN PROPERTY OWNER STATEMENT I hereby certify that I own property adjacent to Stewart Brow��n�� s property located at 904 Beacon St Hampstead �84erty Owner) on Howe Creek (Address, Lot, Block, Road, etc.) , in. Hampstead / Pender County N.C. (Waterbody) (City/Town and/or County) The applicant has described to me, as shown below, the development proposed at the above location. I have no objection to this proposal. ERE I have objections to this proposal. DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT (Individual proposing development must fill in description below or attach a site drawing) See Attached WAIVER SECTION I understand that a pier, dock, mooring pilings, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) I do wish to waive the 15' setback requirement. Its I do not wish to waive the 15' setback requir yzt! (Proy ne nformation) nformation) 1 1_1 ft'-- t,:o C�ary (�Itman Print or Type Name 906 Bea on St Mailing Address Hampstead NC 28443 Signature StAWart Rrn��m Print or Type Name A04 RParnn St Mailing Address Hampstead NC 28443 ADJACENT RIPARIAN PROPERTY OWNER STATEMENT I hereby certify that I own property adjacent to Dave Hadden s property located at 908 Beacon St Hampste . (N%P4r4oyerty Owner) (Address, Lot, Block, Road, etc.) on Howe Creek in Hampstead / Pender County N.C. (Waterbody) (City/Town and/or County) ,.,The applicant has described to me, as shown below, the development proposed at the above location. I have no objection to this proposal. I have objections to this proposal. DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT (Individual proposing development must fill in description below or attach a site drawing) See Attached WAIVER SECTION I understand that a pier, dock, mooring pilings, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) I do wish to waive the 15' setback requirement. 1 do not wish to waive the 15' setback requirement. Info Signature ` 1 _fury nitman Print or Type Name A06 Beacon St Mailing Address Hampstead NC 28443 (Adjae-e/ifft rOw wn t I �rmation) Signature nayn HaririPn Print or Type Name qnA Rpnrnn St Mailing Address Hampstead NC 28443 ADJACENT RIPARIAN PROPERTY ()WI R STATEMENT I hereby certify that I own property adjacent to Dave Hadden property located at 908 Beacon St HampsteZ NG %?Merty Owner) on Howe Creek (Address, Lot, Block, Road, etc,) in Hampstead / Pender County , N.C. jVllaterbody) (CitylTown and/or County) The applicant has described to me, as shown below, the development proposed at the above location. I have no objection to this proposal. I have objections to this proposal. DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT (Individual proposing development must fill in description below or attach a site drawing) See Attached WAIVER SECTION I understand that a pier, dock, mooring minimum distance of 15' from my area of riparian ccessrun e s wa ved�byrme. groinmust You w sh to wset a back the setback, you must initial the appropriate blank below.) I do wish to waive the 15' setback requirement. .________ I do not wish to waive the 15' setback requirement. (Property Owner Info a ion) _ (Adjacent Property Owner Information) 1,QnGhtYe Signu/ure Pnnt or I ype Name QnF R a^^^ St i'rint or Type Neme Mailing Address 9t18 BParnn St Hamnstead NC 28449 Mailing Address City/State/Zip — H—� �t��d�2$443 /�na1 agR_uR7q CitY�Stete/Zip Telephone Number Q1 (1) ASq 13Sn6 elephone Number Dare — _ n5/_ 20Lffi7Q_ Date (Revised 611812012) AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: �tft-Glttm81! /e, Qyls..�t,, Mailing Address: 906 Beacon St. Hampstead NC 28443 Phone Number: (206) 498 - 8679 Email Address: oltmankgrn@comcast.net I certify that I have authorized Southern NC Marine Agent / Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: Pier Rebuild at my property located at _ 906 Beacon St Hampstead NC 28443 in Pender County. 1 furthermore certify that 1 am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. Property Owner Information: Signature GaryLOltman Print or Type Name eweer W4, C/m /eP� 4 0 Title 05 t 20 1 2020 Date This certification is valid through 12 1 31 1 2020 AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: ��' �, 0�H Mailing Address- 906 Beacon St. Hampstead NC 28443 Phone Number: (206) 498 - 8d79 Email Address: oltmankgrn@comcast.net I certify that I have authorized Southern NC Marine Agent I Contractor to act on my behalf, for the purpose of applying for and obtaining all! CAMA permits necessary for the following proposed development. Pier Rebuild at my property located at 906 Beacon St Hampstead NC 28443 in Pender County I furthermore certify that I am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this Permit application. Property Owner Infomtation: =f 2 Srgnerure Garyl Oltman Print or Tyne Name Title 05 120 12020 Date This certification is valid through_l`I 2020 Pe t N—bwIC—ft ws Bulkheads LLC I FM White Jr. - i of Brunswick CM Jerry Hutton 1e LLC Leroy Offman Insley Michael Kuipers/Stan Hansley factors LLC Charles Denton ractors LLC Will Burnette Construction Inc. Acott and Yuki Prescott Wells Fargo BB&T 233301 $ 400.00 IGP #75846D - - 13859 $ 200.00 GP #76522D -- —_. 1286 $ 200.00 GP #76295D 5824 $ 200 00 GP #765o3D 8998 $ 200.00 GP #78502D 8999 $ 200.00 GP #78601D 3227 $ 200.00 GP #76296D PA ret 10759 _ - -- BB rrx 10472 JD_rd. 10835 JD rct. 10192 JD rct. 10191 JD rct. 101 00 JD rct_ 10836 First Bank First Citizens Bank First Citizens Bank FCB Coastal Bank and Trust