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DURABLE POWER OF ATTORNEY FOR BUSINESS AND PROPERTY
<br />2013038
<br />I, Wyman Nemecek, County of Dawes, State of Nebraska, have mad nd
<br />appointed, and by these presents do make, constitute and appoint mys• ,Bill Nemecek • " Chadron,
<br />County of Dawes, State of Nebraska my true and lawful attorney for me and in my name, place and
<br />stead, and on my behalf, subject to the provisions of paragraph 33 hereof, to do and executeall or any
<br />of the following acts, deeds and things:
<br />1. Revoking prior Power of Attorneys. I hereby revoke all business and property power of
<br />attorneys, general and /or limited, heretofore granted by me as principal and terminate all
<br />agency relationships created thereunder prior to this date.
<br />2. The purposes of the Nebraska iJniform Power of Attorney Act:
<br />Agent or Power of Attorney means a person granted authority to act for a principal under a
<br />power of attorney, whetherdenominated an agent, attorney in fact, or otherwise. The term
<br />includes an original agent, coagent, successor agent, and a person to which an agent's
<br />authority is delegated.
<br />Business day means any day other than Saturday, Sunday or state Or nationally observed
<br />legal holiday.
<br />Durable, with respect to a power of attorney, means not terminated by the principal's
<br />incapacity.
<br />Electronic means relating to technology having electrical, digital, magnetic,wireless,
<br />optical, electromagnetic or similar capabilities.
<br />Good faith means honesty in fact.
<br />Incapacity means inability of an individual to manage property or property affairs
<br />effectively because the individual (a) has an impairment in the ability to receive and evaluate
<br />information or make or communicate responsible decisions even with the use of technological
<br />assistance for reasons such as mental illness, mental deficiency, physical illness or disability, chronic use
<br />of drugs, chronic intoxication or lack of discretion in managing benefits received from public funds; or
<br />(b) is missing, detained, including incarcerated in a penal system or outside the United States and unable
<br />to return.
<br />Person means an individual, corporation, business trust, estate, trust, partnership,
<br />limited liability company, association, joint venture, public corporation, government or governmental
<br />subdivision, agency, or instrumentality, or any other legal or commercial entity.
<br />Power of attorney means a writing or other record that grants authority to an agent to act in the
<br />place of the principal, whether or not the term power of attorney is used.
<br />Presently exercisable general power of appointment, with respect to property or a property
<br />interest subject to a power of appointment, means power exercisable at the time in question to vest
<br />absolute ownership in the principal individually, the principal's estate, the principal's creditors, or the
<br />creditors of the principal's estate. The term includes a power of appointment not exercisable until the
<br />occurrence of a specified event, the satisfaction of an ascertainable standard,.or the passage of a
<br />specified period only after the occurrence of the specified event, the satisfaction ofthe ascertainable
<br />standard, or the passage of the specified period. The term does not include a power exercisable in a
<br />fiduciary.capacity or only by will.
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