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SEWER ONLY - RICHARD L HESTER AS TRUSTEE OF THE R L HESTER LIVING TRUSTKEN BURKE, CLERK OF COURT AND COMPTROLLER PINELLAS COUNTY, FL INST# 2014131265 05/08/2014 at 10:49 AM OFF REC BK: 18395 PG: 1901 -1903 DocType:AGM RECORDING: $27.00 AGREEMENT (Sewer Only) rift THIS AGREEMENT, made and entered into this _ 3 day of✓41£-o , 20N, by and between the CITY OF CLEARWATER, a municipal corporation, hereinafter referred to as "City," and Richard L. Hester as Trustee of the R.L. Hester Living Trust hereinafter referred to as "Owner "; WITNESSETH: A.T.A. 14 -09 -577 WHEREAS, the Owner now owns the following described real property, located outside the municipal boundaries of the City of Clearwater: Parcel ID #: 03- 29- 15- 12060- 001 -0100 Legal Description: Lots 1 and 2, Less the North 102 feet; all of Lot 10; and the North 21 feet of Lot 9, Block "A" Brooklawn Subdivision, according to the map or plat thereof as recorded in Plat Book 13, Page 59, of the Public Records of Pinellas County, Florida. Also known as: 2079 and 2081 North Betty Lane Clearwater, Florida 33755 and WHEREAS, the Owner desires to connect to the City sewer main and is agreeable to signing an Agreement with the City for municipal sewer service; and WHEREAS, the City is agreeable to furnishing sewer service upon certain conditions and considerations; NOW THEREFORE, the parties hereto hereby covenant and agree as follows: 1. The City agrees to provide sewer service, subject to the terms of this Agreement, and to permit the Owner to connect to its sewer main at the Owner's expense. 2. The Owner agrees: a) to pay the appropriate annexation fee when this Agreement is submitted for processing; b) to pay normal sewer connection charges and monthly sewer service charges to the City on the same basis as sewer users outside the municipal boundaries are charged, as set out in the Code of Ordinances of the City, until the property is annexed; c) that all recreation land, recreation facilities and open space land dedication and fees will be due upon annexation in an amount and manner as prescribed in Clearwater Community Development Code Chapter 54. In particular, the owner shall either: (1) pay the required recreation facilities fee if this is the only fee required at the time this Agreement is submitted for processing, or (2) place in escrow a deed transferring title to land or a promissory note made payable to the City of Clearwater, or both as required, such deed and promissory note, copies of which are attached hereto as Exhibit A (if applicable) to be conveyed or paid prior to the second ordinance reading effectuating the annexation of the subject property; (d) that at such time as it becomes possible for the City to annex said real property, this Agreement will constitute an application to annex at that time, and the City will have the right, with no further notice to the Owner, to initiate action to annex the property to the City; (e) that it is to the mutual benefit of the Owner and the City, in recognition of the eventual incorporation of the property within the City, to have site and building plans reviewed and accepted by the City in advance of obtaining any requisite permit from Pinellas County. Acceptance of such plans shall precede the execution of this Agreement by the City and any construction on this property shall comply with the applicable building and fire codes in effect in the City of Clearwater; (f) that all of the property described above shall be deemed a single parcel subject to annexation as provided herein, and any subparcels of the property described above which are created by subdivision or by any other means shall be included for the purposes of the subsequent annexation procedure, subsequent sale and individual ownership notwithstanding; (g) that the terms and provisions of the Agreement shall be commitment and obligation which shall not only bind the present owner of said described real property, but shall be a covenant which shall run with the land and shall bind and be enforceable against the heirs, successors and assigns of the Owner; and (h) if the Owner or the heirs, successors, and assigns of the Owner, shall default in the performance of the terms and provisions of this Agreement, and the City shall institute legal proceedings to enforce the terms and provisions hereof, the Owner or the heirs, successors, and assigns of the Owner shall pay all costs of such proceedings including the payment of a reasonable attorney's fee in connection therewith. 3. The City shall not be liable for any damage resulting from any unavoidable cessation of service caused by Act of God, necessary maintenance work, or any cause beyond the control of the City. 4. All notices to be furnished hereunder shall be furnished to the City of Clearwater, to the City Manager, P.O. Box 4748, Clearwater, Florida, 33758 -4748 and to the Owner at the post office address for the property described above, at any other address which may be furnished by the Owner from time to time, or at the address for the Owner according to the property tax rolls of Pinellas County, Florida. 5. This Agreement shall be recorded in the public records of Pinellas County, Florida. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. WITNESSES AS TO OWNER: OWNER(S): ness 1 Si (Print name) Witness 2 Signature (Print name) an) A'�-) "AL L C r f )C STATE OF FLORIDA ) COUNTY OF PINELLAS ) The foregoing by Richard L. Notary Public Richard L. Hester, Trustee in ,� ment was acknowledged before me this 2- day of AIR- &Trustee of the R. L. Hester Living Trust. Notary Name (print, Personally known Or Produced Identification Type of Identification Produced , 201_4; e or stamp name of notary) �Z oBeR -r L • Ltf $i4- rl . w ROBERTA L. 6LUSKi Notary Public - State of Rorida (•'`y My Comm. Expires May 27, 2015 Commission # EE 80487 elm a2,( ✓e12 -S 1-1 Ce;tfS tRi � , Bonded Through National Notary Assn. CITY OF CLEARWATER, FLORIDA By' (1) tsgL, William B. Horne II City Manager STATE OF FLORIDA ) COUNTY OF PINELLAS ) Attest: Rosemarie Call City Clerk The foregoing instrument was acknowledged before me this o day of by William B. Horne II, the City Manager of the above -named City. Notary Public Notary Name (print, type or stamp name of notary) 01Z*` , 2011, SARY SANDRA HARRIGER � / Z r NOTARY PUBLIC Personally known v � STATE OF ",•.. Or Produced Identification Comm* EE142238 cE Type of Identification Produced Expires F FLORIDA Lo 6 oved as to form. . Leslie K. Dougall -Si Assistant City Attorn S /Form - Annexation Agreement 1410.0029 REV. 08/27/13 Property Appraiser General Information Page 1 of 4 Interactive Map of this parcel Sales Query Back to Query Results New Search Tax Collector Home Page Contact Us WM 03- 29- 15- 12060- 001 -0100 Online Property Record Card Portability Data Current as of Calculator April 22, 2014 Email Print Radius Improvement Value Search per F.S. 553.844 Ownership/Mailing Address Site Address HESTER, RICHARD L TRE HESTER, DOROTHY J TRE 1822 UNION ST CLEARWATER FL 33763 -2246 2079 N BETTY LN CLEARWATER 33755 - 2-oB 1 1J - ISETM l..►, Property Use: 0820 (Duplex- Triplex - Fourplex) [click here to hide] 2014 Legal Description BROOKLAWN BLK A, LOT 10 & N 21 FT OF LOT 9 & S 25 FT OF LOTS 1 & 2 Living Units: 2 2014 Exemptions Mortgage Letter E File 2014 Parcel Use for Homestead Exemption Evacuation Zone (NOT the same as a FEMA Plat Book/Page Homestead Use Percentage: 0.00% Homestead: No Government: No Non - Homestead Use Percentage: 100.00% Classified Agricultural: No Institutional: No Historic: No E 013/059 2013 Parcel Information 2013 Trim Notice Most Recent Recording Sales Census Tract Evacuation Zone (NOT the same as a FEMA Plat Book/Page Comparison Flood Zone) 08680/0165 ® $79,000 Sales 121030263001 E 013/059 Query Year 2013 2013 Final Value Information Just /Market Assessed Value/ County School Value SOH Cap Taxable Value Taxable Value $71,572 $71,572 $71,572 $71,572 Municipal Taxable Value $71,572 [click here to show] Value History as Certified (yellow indicates correction on file) 2013 Tax Information Tax District: CTF 22.1348 Click Here for 2013 Tax Bill 2013 Final Millage Rate Ranked Sales (What are Ranked sales ?) See all transactions Sale Date Book/Page Price Q V/I 05946 / 1331 G $75,000 Q http : / /www.pcpao.org/general.php ?strap = 152903120600010100 4/22/2014 1-• • 1 w•.UAHIY DUD INST # 94- 157735 This J1ntkntii. MAY 31, 1994 6:13PM PINELLAS COUNTY FLA. OFF.REC.BK 8680 PG 165 (Wh „•.fr vnd Avon 1M urm, "tint Parer” •sad 'tend purl • dw11 incIYde .insular .sad Plvnl• Min. h.al .tPrerwunw,. and •U1411. u1 induldudl. and .h. ,.afnvv, and aWdna Y1 (wPw•nnn.. nh „f.at rM f.nlrin v. admit. w •n tun.) M.,d1. 11,.. 746' day .11 I :1. 1). 11, 94 /AA WEEN Richer L. Hester and Dorothy J. Hester, husband and wife of Pinellas County. Florida, parties of the first part, and Richard L. Hester as Trustee of the R. L. Rester Living Trust dated December 8, 1993, and Dorothy J. Hester as Trustee of the D. J. Hester Living Trust dated December 8, 1993, jointly as tenants in common and with power and authority to protect, conserve, sell, lease, encumber, manage, dispose, and otherwise enjoy for their use, benefit, and occupancy the property herein conveyed, parties of the second part, having a post office address of: 1822 Uhion Street, Clearwater, Florida 34623. O tb itnessethr 7 "11111 Ili• said part ies of the first purl. fur and in ron•doraliun of the sum of Ten ($10.00) Whin. It, them n1 1 1 Imid by the stud part ies of 11s0 $hun.! part, 11m receipt o•ltcrei,1 is hereby acknuu.l• edged. have iv-anted. bargained. and sold to the surd part ies of the sutured purl. their Ruin and nssilfns beeper. the billowing described hind. situate. and bcfag in Il.c County a1 Pinellas , 141 I' I U r i did . In toil: Parcel 1: Lots 1 and 2, Less the North 102 feet; all of Lot 10; and the'. North 21 feet of Lot 9, Block A, BROOKLAION SUBDIVISION, according to the map or plat thereof as recorded in Plat Book 13, page 59, Public Records of Pinellas County, Florida. • Subject to easements and restrictions of record. • THIS DEED REPLACES IN THE ENTIRETY a certain deed recorded at- Book85'41, page 210, due to scriveners error. 11 /10 t T. 3l/V TOT i! And the said parl ies of the first part do •lftoby 107 wdrlant the tflle`1o.'salcf:631telraa6S1 uiIdefend the same against the lawful claims of all personsw,liemsg6ver. ,) pV in Witness lilhtreof, Tb:'snid part `ies of the first part 16nrad sand drat the day and Year frrsi 4otia• wrif en: have hereunto set their Signed. sealed and delivered -hi The p s.ne „_ecure of; 6jx..RDi a411.A°.;....IW St� L Y 4 w i f! WITNgS ” S1�t.t} Kt 1r ©. _ orothy y . / . • • , Sw,i.TE OF Fk.4 RIBA,.\ ) txml:T'v c)F Pinellas 1 1 1 HEREBY CERTIFY that on this day, before me, an 0111(d...4'11k authoracd in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared Richard L ,Hester and Dorothy J. Hester who are personally known to me and who did not take an oath, and are to me known to he the prrsonS dneribed in and who executed the foregoing instrument and have acknowledged before me that they executed the same. WITNESS my hand and official teal in the County and State last of 'd this 71)1 day of A. D. 1996. 1• James J. Low III l$it Isulnm•uf prepaid by: Attorney at Law 1, /dn.n 601 Cleveland St. Ste. 400 Post Office Box 506 Clearwater, FL 34617 (_;)l NlT RY mac' IS 0. 6 Aa. Coca KARLEEN F. DEBLAKERA CLERK RECORD VERIFIED BY:(-4 1 i 1 • 1 i / / • • 't 1 , • 4 • , / GARY M. FERNALD, P.A. ATTORNEY AT LAW DRUHILL PROFESSIONAL CENTER 611 DRUID ROAD EAST, SUITE 705 CLEARWATER, FLORIDA 33756 January 8, 2014 MorganStanley Jerry Brewster 4114 Woodlands Parkway, Suite 200 Palm Harbor, FL 34685 Re: The Dorothy J. Hester Trust Agreement Account # PHONE (727) 447 -2290 FAX (727) 443 -1424 attygaryfemald(a!aol.com Dear Jerry: As you are aware Dorothy J. Hester is incapacitated and unable to manage her financial affairs. Enclosed please find letters from two doctors indicating that she is not capable of making her medical and financial decisions. Therefore, please remove her name as Trustee and place her husband, Richard L. Hester on the above account as Successor Trustee. Pursuant to your conversation with my office, I have also enclosed copies of the Acceptance of Successor Trustee and Certification of Trust. I thank you in advance for your prompt attention to this matter and if you have any questions, do not hesitate to contact my office. Sincerely, Gary M. Fer ald GMF /cr Enclosure Richard L. Hester, Successor Trustee CERTIFICATION OF TRUST STATE OF FLORIDA COUNTY OF PINELLAS Personally appeared before me, the undersigned Notary Public, in and for Pinellas County, Florida, GARY M. FERNALD, Esquire, who being first duly sworn, deposes and says that he is the attorney for RICHARD L. HESTER, as Successor Trustee, and hereby certifies that THE DOROTHY J. HESTER TRUST AGREEMENT, UTD December 8,1993; First Amendment dated March 21, 2000; and Second Amendment dated November 4, 2009, continue in full force and effect as of the date listed hereunder. I further certify that to the best of my knowledge and belief no further Amendments have been made to said Trust. CERTIFIED this 8th day of January , 2014, at Clearwater, Pinellas County, Florida. GARY M. FE ALD, Esquire STATE OF FLORIDA COUNTY OF PINELLAS The foregoing Certification of Trust was acknowledged, subscribed and sworn to before me by GARY M. FERNALD, who is personally known to me, on this 8th day of January , 2014. Notary Seal: !yam CHERYL J. RICE lc MY COMMISSION # EE 073488 ma y- PIIRESS: Jul 14, 2015 11f,i•' d Tary Public Underwriters otary P Cheryl J. Rice ACCEPTANCE OF SUCCESSOR TRUSTEE OF THE DOROTHY J. HESTER TRUST AGREEMENT UTD December 8, 1993 WHEREAS, the Grantor and original Trustee, DOROTHY J. HESTER, under that certain document known as "THE DOROTHY J. HESTER TRUST AGREEMENT" under date of December 8, 1993, having been established incapacitated by the statement of two (2) licensed Medical Doctors, pursuant to the terms of said Trust, and WHEREAS, said Declaration of Trust designates RICHARD L. HESTER, as Successor Trustee; WITNES SETH The original Trustee, DOROTHY J. HESTER, having been established incapacitated by the statement of two (2) licensed Medical Doctors, pursuant to the terms of said Trust, the undersigned RICHARD L. HESTER, accepts appointment as Successor Trustee, pursuant to the provision of said Trust Agreement. DATED this 8th day of January , 2014. Signed, sealed and delivered in the presence . f: Cheryl STATE OF FLO DA COUNTY OF PINELLAS RICHARD L. HESTER, Successor Trustee I HEREBY CERTIFY, that on this day before me, an Officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared RICHARD L. HESTER, to me well known or who has produced n/a . as identification and who executed the foregoing instrument, as Successor Trustee and who acknowledged before me that the same was accepted and executed for the purposes therein expressed. Witness my hand and official seal in the County and State last aforesaid this 8th day of January , A.D., 2014. NOTARY SEAL: Av`... CHERYL J. RICE MY COMMISSION t EE 073488 zi EXPIRES: July 14, 2015 .P,r,b, Bonded Thru Notary Public Undenmters Cheryl J. Rice PRINTED NAME OF NOTARY DURABLE POWER OF ATTORNEY (Trustee) KNOW ALL MEN BY THESE PRESENTS, that I, the undersigned, DOROTHY J. HESTER, as Grantor and Original Trustee of THE DOROTHY J. HESTER RICHARD AGREEMENT UTD December 8,1993, hereby constitute and appoint my husband, L. HESTER, as my true and lawful attorney for me in my capacity as acting Trustee of THE DOROTHY J. HESTER TRUST AGREEMENT, UTD, December 8, 1993, to do any and everything necessary and proper as in the sole discretion of said attorney that I could do as Trustee of said Declaration of Trust, with any and all Trust property, real and personal, tangible, intangible or mixed, including the power to sell, lease, convey, mortgage, encumber, transfer, deposit, withdraw, manage, assign, and/or deliver any and all Trust property, assets and interest therein; including the power to receive, hold, deposit, withdraw and /or pay out any and all money, accounts or certificates of deposit whether in a bank, savings institution or elsewhere, owned, held or claimed by said Trust, including expressly the power to make, execute and deliver any conveyance or have any other legal instrument affecting any and all interest I may have in and to real estate, and to receive, pledge, assign, transfer, sell and/or exercise any rights concerning Trust stocks and securities of any kind as permitted by said Trust Agreement. My said Power of Attorney has the right and may exercise any and all of the powers given to the Trustee under the Trust Agreement together with all or those powers permitted Trustees by Law. All said powers to be exercised without geographical or chronological limitation; and no person dealing with my said attorney in fact shall be required to look to the disposition of any property nor question the authority or any representation of my said attorney giving and granting unto my said attorney full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done in executing said powers as fully to all intents and purposes as I might or could do if personally present, and I hereby ratify and confirm all that my said attorney shall lawfully do or cause to be done by virtue hereof. This instrument is executed to the provision of Section 709.08 Florida Statutes, as amended. Any third party may rely on the Durable Power of Attorney until Notice of Revocation, partial or complete termination of the Durable Power of Attorney by adjudication of incapacity, death of the principal, or the occurrence of an event referenced in the Power of Attorney. Third parties who act in reliance upon the authority granted to the attorney in fact under the Durable Power of Attorney and in accordance with the instructions of the attorney in fact shall be held harmless by the principal from any loss suffered or liability incurred as a result of actions taken prior to receipt of written notice of complete termination or death of the principal as provided by statute; and the attorney in fact shall not be liable for any acts or decisions made by the attorney in fact in good faith and under the terms of the Durable Power of Attorney. THIS DURABLE POWER OF ATTORNEY SHALL NOT BE AFFECTED BY DISABILITY OF THE PRINCIPAL EXCEPT AS PROVIDED BY STATUTE. IN WITNESS WHEREOF, I hereunto set my hand and seal this 4th Nov A.D., 2009. WITNESSES: day of DOROTHY J/ I ST R, Grantor and Original Trustee STATE OF FLORIDA COUNTY OF PINELLAS Subscribed and sworn to before me this 4th day of November , 2009, by DOROTHY J. HESTER, as Grantor and Original Trustee, who personally appeared before me, is personally known to me or who has produced n /aas identification. Notary Seal: CHERYL L. WATSON Notary Public - State of Florida A ; • _My Commission Expires Apr 5, 2010 icy !Ili •r, , Commission # DD 514704 OF FtO O " ,,tJ " "' Bonded by National Notary Assn. This Instrument prepared by: GARY M. FERNALD, ESQUIRE 501 S. Ft. Harrison Ave., Suite One Clearwater, FL 33756 (727) 447 -2290 Watat Notary P jblic Cheryl L. Watson Printed Name of Notary DURABLE POWER OF ATTORNEY I, DOROTHY J. HESTER, hereby appoint my husband, RICHARD L. HESTER, or if he is unable or unwilling, then my son, RANDALL S. HESTER, as my agent and attorney -in -fact (hereinafter called my "Attorney ", to exercise the powers described in this instrument in my name and on my behalf. ARTICLE I COMMENCEMENT AND TERMINATION OF POWER Exercise of Power of Attorney. This durable power of attorney shall not be affected by any physical or mental disability that I may suffer except as provided by statute, and shall be exercisable from the date of this durable power of attorney. All proper acts done by my Attorney pursuant to this power shall bind me, my heirs, devisees, and personal representatives. This power of attorney is non - delegable. I, the undersigned, do not need to be present in order to have the above appointed person placed on any of my financial accounts as my attorney -in -fact. Revocation of Prior Instruments. By this instrument I hereby revoke any power of attorney, durable or otherwise, that I may have executed prior to the date of this durable power of attorney. Termination of Power of Attorney. This power of attorney shall continue in effect regardless of my physical or mental condition until it has been terminated. I may terminate this instrument by revoking it by a simple writing signed by me for that purpose clearly setting forth my intention to revoke such instrument. However, my Attorney may decide not to honor my revocation if my Attorney has received written certification from two physicians that I am incapacitated and my Attorney in good faith questions whether I am able to transact ordinary business. My revocation must be honored if a court determines that I am capable of transacting ordinary business, or one physician certifies that I have regained the capacity to make my own decisions. ARTICLE II ATTORNEY'S POWERS AND RESPONSIBILITIES Attorney's Powers. My Attorney is authorized to and shall manage all of my property for me and in my name and to take all steps necessary to protect and improve my mental and physical health. My Attorney shall have all the powers and duties given a trustee under Florida law and the Florida Trusts and Trustees Act from time to time in effect. In addition to those powers, I specifically direct and empower my Attorney to undertake the following to the extent reasonable necessary or appropriate: (a) Make deposits and withdrawals on my behalf at any bank or savings and loan association; transact any and all of my banking business at any bank in which I have an account or certificates of deposit; sign checks in my name; endorse checks and drafts; and withdraw, renew or reinvest certificates of deposit. (b) Enter my existing safe deposit with a bank official who shall jointly prepare and sign a written inventory of its contents and remove any or all of its contents (a copy of such inventory shall be maintained by the Attorney and promptly provided to me); and lease and maintain safe deposit boxes in my name and for my account. (c) Employ and reasonably compensate attorneys, accountants, brokers, investment counsel, domestic servants, companions, nurses, doctors, and other health care professionals, and other agents. —1— (d) Prepare and file required tax forms, pay taxes due, and represent me with respect to tax matters before the Internal Revenue Service, the Florida Department of Revenue, or any administrative agency or court; sign for me, and on my behalf, Federal and State income or other tax returns and any other documents or instruments pertaining to such returns or to such taxes or exemptions; file estimated Federal tax returns; have full authority to settle tax disputes with Internal Revenue Services; be my attorney -in -fact pursuant to the applicable provisions of the Internal Revenue Code; and join in the filing of any joint tax return or gift tax return with my spouse, if any. (e) Insure my health and my property; transact any and all matters pertaining to any insurance now owned or hereafter acquired by me, or in which I may now or hereafter have any beneficial interest, including the right to change the ownership of any insurance policies of which I am the owner or have power to change the ownership of execute any options available to me under any insurance policies. (f) Sell, rent, lease on any term, release, mortgage, convey, or exchange any real or personal property owned by me now or hereafter, or in which I have any interest, for such considerations and upon such terms and conditions as my Attorney may reasonably determine, and execute, acknowledge, and deliver all instruments conveying or encumbering title to such property owned by me alone as well as any owned by me and another person jointly; sign, seal, execute, delivery and acknowledge such deeds, leases, covenants, indentures, agreements, mortgages and such other instruments, including promissory notes, of whatever kind or nature as may be necessary or proper in the premises. See Exhibit "A ", SPECIFIC REAL PROPERTY. (g) Release or waive my right of homestead. (h) Pay my debts; settle, arbitrate, contest, abandon, collect, or pay any claims against me or my property; file suit and defend lawsuits on my behalf. (i) Purchase and invest in any type of real or personal property. (j) Execute contracts and other instruments. (k) Sever joint tenancies or terminate trusts; transfer any assets, either tangible or intangible, into any trust of which I am the grantor. (1) Ask, demand, collect, recover and receive all sums of money, debts, accounts and obligations whatsoever as are now, or shall hereafter become due, owing, payable or belonging to me. (m) Sell bonds, shares of stock, warrants, debentures, or other assets belonging to me, and execute all assignments and other instruments necessary or proper for transferring them to the purchaser or purchasers, and give good receipts and discharges for all money payable with respect to them; and remove, transfer, assign, or sell any funds, bonds, stock or other assets in my Individual Retirement Account, wherever located. (n) Subscribe for or purchase in my name, shares of capital stock of any company or companies, and to appear and vote and otherwise act as my proxy, or execute proxies in my name authorizing others to act for and on my behalf in respect to any shares of stock now owned by me or hereafter acquired; and exercise any stock options or other rights or emoluments accruing to me by virtue of my ownership of any shares of stock now owned or hereafter acquired by me. (o) Sell, assign and transfer any United States Government Bonds now owned or hereafter —2— acquired by me, and to invest and reinvest the proceeds thereof, including the purchase in my name of other United States Government Bonds of any and all varieties. (p) Initiate, make, or maintain irrevocable gift transfers to minimize my Federal estate and income taxes, such transfers not to exceed the maximum amount of the tax -free gift then allowed by law per person per year; disclaim any interest of donor in property, either tangible or intangible, passing by Will or intestate succession of under powers of appointments; and exercise any right regarding generation splitting tax transfer. (q) To execute all documents, individually or joining with my spouse, if any, which documents may be necessary for Social Security and Veterans benefits. (r) Make any transfers necessary in order to fund any revocable living trust which I may have previously executed. (s) To execute all documents or trusts, and to do anything necessary, including gifting, for Medicaid planning purposes, including but not limited to, the creation of Medicaid qualifying income trusts and personal service contracts. My attorney -in -fact may be the care provider. Managing and Collecting Property. My Attorney shall be responsible for collecting and managing all property that my Attorney has actual notice is mine. My Attorney does not have to collect my automobile or any household belongings but shall take reasonable steps to protect such property. Accountings. My Attorney shall make and maintain a list of all property of which the Attorney has taken possession on my behalf. My Attorney shall maintain monthly records and shall prepare annual accountings reflecting my assets, all income, all expenditures, and an ending balance of my assets. My Attorney shall review with me monthly the status of my income and expenditures for that month and my remaining assets. Annual accountings shall be provided to me upon my request. Copies of the accountings and all supporting records shall thereafter be kept by the Attorney for at least three (3) years after my death. Liability of Attorney. My Attorney shall not be liable for errors of judgment but shall be liable for willful default and wrongful acts. My Attorney may bind me or my property without becoming personally bound. Actions for Benefit of Principal. Notwithstanding any other provision of this instrument to the contrary, the Attorney has no authority to take any actions under this instrument except to act solely for my benefit and in my best interest. The Attorney has no authority to make gifts of my property to the Attorney or those in close relation to the Attorney. Reliance on Attorney's Authority. No one dealing with my Attorney shall be obligated to see that any money or property paid to my Attorney is properly applied or to inquire into the validity or propriety of any act by my Attorney or any provision of this instrument. Damages and Costs. In any judicial action regarding this durable power of attorney, including, but not limited to, the unreasonable refusal of a third party to allow an attorney -in -fact to act pursuant to the power, and challenges to the proper exercise of authority by the attorneytin -fact, per statute, the prevailing party is entitled to damages and costs, including reasonable attorney's fees. This instrument is executed by me in the State of Florida, but it is my intention that this power of attorney shall be exercisable in any other state or jurisdiction where I may have any property or interests in —3— property. THIS DURABLE POWER OF ATTORNEY IS NOT AFFECTED BY SUBSEQUENT INCAPACITY OF THE PRINCIPAL EXCEPT AS PROVIDED IN SECTION 709.08, FLORIDA STATUTES. THEREFORE, THIS POWER OF ATTORNEY SHALL NOT BE AFFECTED BY MY DISABILITY AND SHALL BE EXERCISABLE NOTWITHSTANDING MY LATER DISABILITY, INCAPACITY OR UNCERTAINTY AS TO WHETHER I AM ALIVE. IN WITNESS WHEREOF, I hereunto set my hand and seal this A.D. 2009. STATE OF FLORIDA COUNTY OF PINELLAS 4th day of November Subscribed, sworn to, and acknowledged before me this 4th day of November , 2009, by DOROTHY J. HESTER, who personally appeared before me, is personally known to me or who has produced n/a as identification. Notary �PfY P�di� CHERYL L. WATSON f f Notary Public - State of Florida EMy Commission Expires Apr 5, 2010 Commission # DD 514704 '4F of v;;T "�� Bonded by National Notary Assn. Prepared by: GARY M. FERNALD, ESQUIRE 501 S. Ft. Harrison Ave, Suite One Clearwater, FL 33756 (727) 447 -2290 Wes" Notary Publ. Cheryl L. Watson Printed Name of Notary