|
BK: 2688 PG: 1495
<br />the power to acquire and dispose of assets without first obtaining the Agent's consent. The
<br />Agent may pay reasonable compensation to any such professionals hired by the Agent from the
<br />Principal's assets. Any compensation paid to such professionals may be taken into consideration
<br />in determining the reasonableness of any compensation taken or requested by the Agent. The
<br />foregoing provisions are not intended to relieve the Agent of the duty to exercise reasonable care
<br />and prudence in selecting, employing and supervising any such professionals.
<br />AGENT'S GENERAL ADMINISTRATIVE AND ENFORCEMENT AUTHORITY
<br />24. To do, execute, and perform any other act, deed, matter, or thing, that in the
<br />opinion of the agent ought to be done, executed, or performed in conjunction with this power of
<br />attorney, of every kind and nature, as fully and effectively as the principal could do if personally
<br />present. The enumeration of specific items, acts, rights, or powers in this instrument does not
<br />limit or restrict, and is not to be construed or interpreted as limiting or restricting, the general,
<br />powers granted to the agent except where powers are expressly restricted.
<br />The Agent is authorized to commence enforcement proceedings, at the Principal's
<br />expenses, against any bank, credit unions, financial institutions, or other person or entity that
<br />fails or refuses to honor this durable power of attorney.
<br />25. To seek appropriate court orders mandating acts that the Agent deems appropriate
<br />if a third party refuses to comply with actions taken by the Agent that are authorized by this
<br />instrument or enjoining acts by third parties that the Agent has not authorized. In addition, the
<br />Agent may sue a third party who fails to comply with the actions the Principal has authorized the
<br />Agent to take and may demand damages, including punitive damages, on the Principal's behalf
<br />for such noncompliance,
<br />AGENT'S COMPENSATION
<br />26. To be entitled to fair and reasonable compensation for services rendered as Agent
<br />under this instrument. In determining what constitutes "fair and reasonable" compensation, the
<br />following factors may be considered: (1) the time spent by the Agent in administering the
<br />Principal's affairs; (2) the Principal's net worth; (3) the nature of the assets subject to the Agent's
<br />control; and (4) the fees charged by professional fiduciaries acting in the same or similar
<br />capacities under similar circumstances. In addition to compensation for services, the Agent shall
<br />be entitled to reimbursement for all out-o&pocket expenses incurred in administering the
<br />Principal's affairs, including without limitation reasonable travel expenses, including land and
<br />air transportation, lodging, and meals.
<br />27. Regardless of any other possible Language to the contrary in this instrument, the
<br />PAGE $
<br />�,i, .__.:,; , , ii,;i ,,.i;�;, u, pal„ i iqi ;i,v .L:�q. +lw! �;dn�i� is, iin�;u, i, , �•�, .
<br />td%.._ ., . sr^_V�<`�r,s• �'�su , ..�' .. �" 3+jts..r. .-J ��.�. .L ,�.,� �'� , ie f «;� ..�1�-f a _ < f,,�. ,�l �.,�.. ,+s.
<br />._ • � .. -fin
<br />
|