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
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