EX-99.2 3 dex992.htm DURABLE GENERAL POWER OF ATTORNEY Durable General Power of Attorney

Exhibit 99.2

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(DIRECTIONS: Initial in the blank space to the left of your choice any one or more of the following lettered subdivisions as to which you WANT to give your agent authority. If the blank space to the left of any particular lettered subdivision is NOT initialed, NO AUTHORITY WILL BE GRANTED for matters that are included in that subdivision. Alternatively, the letter corresponding to each power you wish to grant may be written or typed on the blank line in subdivision “(Q)”, and you may then put your initials in the blank space to the left of subdivision “(Q)” in order to grant each of the powers so indicated.)

 

[        ]

  

(A)

  

real estate transactions;

 

[   *   ]

    

[        ]

  

(B)

  

chattel and goods transactions;

      

[        ]

  

(C)

  

bond, share and commodity transactions;

      

[        ]

  

(D)

  

banking transactions;

 

[        ]

  

(N)

 

tax matters;

[        ]

  

(E)

  

business operating transactions;

 

[        ]

  

(O)

 

all other matters

[        ]

  

(F)

  

insurance transactions;

 

[        ]

  

(P)

 

full and unqualified authority to my attorney(s)-in-fact to delegate any or all of the foregoing powers to any person or persons whom my attorney(s)-in-fact shall select;

[        ]

  

(G)

  

estate transactions;

      

[        ]

  

(H)

  

claims and litigation;

      

[        ]

  

(I)

  

personal relationships and affairs;

      

[        ]

  

(J)

  

benefits from military service;

 

[        ]

  

(Q)

 

each of the above matters identified by the following letters: A,B,C,D,E,F,G,H,I,J,K,L,M,N,0 and P

[        ]

  

(K)

  

records, reports and statements;

      

[        ]

  

(L)

  

retirement benefit transactions;

      

(Special provisions and limitations may be included in the statutory short form durable power of attorney only if they conform to the requirements of section 5-1503 of the New York General Obligations Law.)

[        ]

   *   (M)   

This power of attorney specifically authorizes the attorney-in-fact to make gifts, either outright or in trust, on the principal’s behalf to the principal’s family members, including any family member acting as attorney-in-fact, and to charity, and to make transfers qualifying for gift tax exclusion for the benefit of such persons directly to an education organization or a person who provides medical care, provided that no gift may be made (a) to the attorney-in-fact, other than for his or her health and maintenance, or (b) to discharge a legal obligation of the attorney-in-fact.

 

 

As of January 1, 2002 the annual gift tax exclusion is $11,000. To authorize gifts up to $11,000, add language to that effect under “Special provisions...” above


This Durable Power of Attorney shall not be affected by my subsequent disability or incompetence. If every agent named above is unable or unwilling to serve, I appoint (insert name and address of successor) PENLEY T. KIDD, of 1070 Foxcroft Road, Atlanta, Georgia 30327 to be my agent for all purposes hereunder.

To induce any third party to act hereunder, I hereby agree that any third party receiving a duly executed copy or facsimile of this instrument may act hereunder, and that revocation or termination hereof shall be ineffective as to such third party unless and until actual notice or knowledge of such revocation or termination shall have been received by such third party, and I for myself and for my heirs, executors, legal representatives and assigns, hereby agree to indemnify and hold harmless any such third party from and against any and all claims that may arise against such third party by reason of such third party having relied on the provisions of this instrument.

This Durable General Power of Attorney may be revoked by me at any time.

In Witness Whereof, I have hereunto signed my name this 10th day of January, 2005

 

(YOU SIGN HERE:)

 

/s/ BARBARA L. TOFFOLON

 

(Signature of Principal)

 

BARBARA L. TOFFOLON

ACKNOWLEDGMENT IN NEW YORK STATE

 

STATE OF NEW YORK, COUNTY OF NEW YORK

   ss.:

On January 10, 2005 before me, the undersigned, personally appeared BARBARA L. TOFFOLON, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument.

 

/s/ MICHAEL FARINO

(signature and office of person taking acknowledgment)

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ACKNOWLEDGMENT OUTSIDE NEW YORK STATE

 

STATE OF NEW YORK

  COUNTY OF NEW YORK   

On January 10th, 2005 before me, the undersigned, personally appeared BARBARA L. TOFFOLON, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument, and that such individual made such appearance before the undersigned in

(insert city or political subdivision and state or county or other place acknowledgment taken)

 

/s/ MICHAEL FARINO

(signature and office of person taking acknowledgment)

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AFFIDAVIT THAT POWER OF ATTORNEY IS IN FULL FORCE

(Sign before a notary public)

 

STATE OF

   COUNTY OF    ss.:
      being duly sworn, deposes and says:

1. The Principal within did, in writing, appoint me as the Principal’s true and lawful ATTORNEY(S)-IN-FACT in the within Power of Attorney.

2. I have no actual knowledge or actual notice of revocation or termination of the Power of Attorney by death or otherwise, or knowledge of any facts indicating the same. I further represent that the Principal is alive, has not revoked or repudiated the Power of Attorney and the Power of Attorney still is in full force and effect.

3. I make this affidavit for the purpose of inducing

to accept delivery of the following Instrument(s), as executed by me in my capacity as the ATTORNEY(S)-IN-FACT, with full knowledge that this affidavit will be relied upon in accepting the execution and delivery of the Instrument(s) and in paying good and valuable consideration therefor:

 

Sworn to before me on

    

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