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HomeMy WebLinkAbout07-26-121505610143 REV-1500 Ex (o,-,a> OFFICIAL USE ONLY PA Department of Revenue Pennsylvania County Code Year File Number Bureau of Individual Taxes oEFARTLENr OF REVENUE Po Box.28oso1 INHERITANCE TAX RETURN 21 12 Harrisburg, PA 17128-oFO1 RESIDENT DECEDENT ~" '~ ENTER DECEDENT INFORMATION BELOW Social Security Number Date of Death Date of Birth 169 44 3333 10 29 2011 09 23 1913 Decedent's Last Name Suffix Decedent's First Name MI ENDERS MATILDA L (If Applicable) Enter Surviving Spouse's Information Below Spouse's Last Name Suffix Spouse's First Name Spouse's Social Security Number THIS RETURN MUST BE FILED IN DUPLICATE WITH THE REGISTER OF WILLS FILL IN APPROPRIATE OVALS BELOW n 1. Original Return ~ 2. Supplemental Return ~~ 4. Limited Estate ~ 4a. Future Interest Compromise (date of death after t2-12-82) ', 6 Decedent Died Testate (Attach Copy of Will) ~ 7• Attach ~o aotR~nest a Living Trust ) PY 9. Litigation Proceeds Received ~ ~t~r 1D. betwe~enP2 31 BCre dit (datge5~f death MI ~~ 3. Remainder Return (date of death prior to 12-13-82) 5. Federal Estate Tax Return Required 1 8. Total Number of Safe Deposit Boxes I~ 11. Election to tax under Sec. 9113(A) (Attach Sch. O) CORRESPONDENT -THIS SECTION MUST BE COMPLETED. ALL CORRESPONDENCE AND CONFIDENTIAL TAX INFORMATION SHOULD BE DIRECTED TO: Name Daytime Telephone Number AMY M MOYA 717 652 7323 First line of address 5011 LOCUST LANE Second line of address City or Post Office HARRISBURG State ZIP Code PA 17109 ~..~ REGISTER ILLS USE~fNLY t"r'1 ~ r.a ~ ~.,, ~ -wJ ~ k ~ ~ ~• ~. .u~ r ! ~ f,~ jf~ t'S ~~ ~ ~ ~~ _ - T -- D PILED 4+1 r~:i a,f rti._., -Y rC'r't Correspondent's a-mail address: Amy@LedererlaW.COm Under penalties of perjury, I deGare that I have examined this return, including accompanying schedules and statements, and to the best of my knowledge and belief, it is true, correct and complete. Declaration of preparer other than the personal representative Is based on all information of which preparer has any knowledge. SIGNATU OF PERSON RESPONSIBLE FOR RILING RETURN DATE Kathleen E. Sellers .~ /v1S 31 North 17th Street Cam Hill PA 17011 SIGN T R F PREP OTHE ~ N REPRESENTATIVE DATE ~,. Amy M. Moya ~~.~ ~ ~/ ~- 5011 Locust Lane PA 17109 Side 1 1505610143 1505610143 PA Inheritance Tax Return Signature of Additional Fiduciaries ESTATE OF 121Li~NUMBER Enders, Matilda Louise I I Under penalties of perjury, I declare that !have examined this return, including accompanying sd~edules and statements, and to the best of my knowledge and belief, it is true, correct and complete. Declaration of preparer other than the personal representative is based on alt information of which preparer has any knowledge. Signature #2 Name Address1 Address2 City, State, Zip Date ' 276 32nd Street Avalon, NJ 08202 ~= 15D5610243 REV-1500 EX ~eoedenrs Name: Enders, Matilda Louise Decedent's Social Security Number _ RECAPITULATION ----- -- ____- 169 44 3333 1. Real Estate (Schedule A) ............................ ..................................................... ...... 1. 2. Stocks and Bonds (Schedule B) ...................... ................................................. ...... 2. 3. Closely Held Corporation, Partnership or Sofe-Proprietorship (Schedule C ).... ..... 3, 4. Mortgages & Notes Receivable (Schedule D) ............. ....... 4. 5• Cash, Bank Deposits 8 Miscellaneous Personal Property (Schedule E) .......... 6. Jointly Owned Property (Schedule F ~~~ Requested l l ..... 5. 2,708.25 ........ 7. Inter-Vivos Transfers & Miscellaneous I~oq- obate Prop e rty (Schedule G) .... g. j_J Separate Billing Requested......... ... 7 8. Total Gross Assets (total Lines 1-7) ' 295,932.36 ................ ................................................. - ----- - 9. Funeral Expenses & Administrative Costs (Schedule H) ... .... 8. _ ___ 298, 640.61 ................................. 10. Debts of Decedent, Mortgage Liabilities, 8 Liens (Schedule I) ... g, 28,931.77 ........................... 11. Total Deductions (total Lines 9 & 10) ..................... ... 10. 3,122.49 ........................................... 12. Net Value of Estate (Line 8 minus Line 11) ............. ... 11. 32, 054 .26 ........................................... 13. Charitable and Governmental Bequests/Sec 9113 Trusts for which an election to tax has not been d .. 12. 2 6 6 , 5 8 6. 3 5 ma e (Schedule J) ............................................. .. 13. 14. Net Value Subject to Tax (Line 12 minus Line 13) ............ ........... __ __ __ ...................... TAX COMPUTATION -SEE INSTRUCTIONS FOR APPLICABLE .. 1a. 266, 586.35 -- ----- RATES 15. Amount of Line 14 taxable at the spousal tax rate, or transfers under Sec. 9116 (a)(1.2) X .00 16. Amount of Line 14 taxable 15. 0.00 at lineal rate X .045 2 6 6, 5 8 6. 3 5 17. Amount of Line 14 taxable 16. 11 , 9 9 6.3 9 at sibling rate X .12 0 . 0 0 17 18. Amount of Line 14 taxable . 0 • 0 0 at collateral rate X .15 0 . 0 0 1s . 0.00 19. Tax Due ..................... ............................................................................................. 19. 11,996.39 20. FILL IN THE OVAL IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT. Side 2 1505610243 1505610243 J Rev-1508 F.X+ (6-98) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCFIEDULE E CASH, BANK DEPOSITS, $ MISC. PERSONAL PROPERTY ~~+ ~ /" ~ r G V r' Include the proceeds of litigation and the date the proceeds were received by the estate. Ail Property Jointly-owned with the right of survivorship must be disclosed on schedule F. ITEM NUMBER DESCRIPTION VALUE AT DATE 1 Check from United Healthcare (refund of insurance) OF DEATH 264.25 2 Check from United States Treasury (refund of Federal Income Tax) 594.00 3 Cordier Antiques (auction of personal property) 1,850.00 TOTAL (Also enter on Line 5, Recapitulation) I 2,708.25 (If more space is needed, additional pages of the same size) Copyright (c) 2002 form software only The Lackner Group, Inc. Matilda Louise FILE NUMBER 21-12 Forrn pA_1500 Schedule E (Rev. 6-98) Rev-1510 EX+t6-98) SCHEDULE G INTER-VIVOS TRANSFERS & MISC. NON-PROBATE PROPERTY COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT t~ i ArE ol= FILE NUMBER 21-12 Matilda Louise This schedule must be completed and filed if the answer to any of questions 1 through 4 on the reverse side of the REV-1500 COVER SHEET is yes. ITEM DESCRIPTION OF PROPERTY NUMBER THE DATE 0 ROANSFERSATTACFI ACOPY OFTHE DEIED FOOREREEAOL ESTATE. 1 Real Estate located at 125 North 27th Street, Camp Hill, Cumberland County, Pennsylvania, titled to Donald E. Enders and Matilda S. Enders a/k/a Matilda L. Enders, Trustees of the Donald E. Enders and Matilda S. Enders a/k/a Matilda L. Enders Living Trust dated November 3, 1995 (appraisal attached) 2 Wells Fargo Money Market Account No. 1363-5125, titled to Matilda S. Enders, Trustee of the Donald E. Enders and Matilda S. Enders a/k/a Matilda L. Enders Survivors Trust (x1.04 dividend) TOTAL (Also enter on Line 7, Recapitulation) DATE OF DEATH % OF DECD'S VALUE OF ASSET INTEREST 175,000.00 100.000% 120,932.36 100.000% EXCLUSION I TAXABLE APPLICABLE) VALUE 175,000.00 120,932.36 295,932.36 (If more space is needed, additional pages of the same size) Copyright (c) 2002 form software only The Lackner Group, Inc. Form PA-1500 Schedule G (Rev. 6-98) REV-1151 Ex+ (10-06) COMMONEERR~TtI OF,gP~ENEN$YLVAN IA IN RESID N44~iEDECERDENVfRN SCHEDULE H FUNERAL EXPENSES ~ ADMINISTRATIVE COSTS ESTATE OF FILE NUMBER Enders, Matilda Louise 21-12 --_~ _. ____. ...............,., ..r... «~ v~~ v~.ucuu~~ 1. ITEM N MB DESCRIPTION AMOUNT q. FUNERAL EXPENSES: See continuation schedule(s) attached B. ADMINISTRATIVE COSTS: 1. Personal Representative's Commissions Name of Personal Representative(s) Kathleen E. Sellers James S. Enders Street Address 312 North 17th Street city Camp Hill state PA Zip 17011 Year(sl Commission paid 2012/2013 (1/2 ea) 2. Attorney's Fees Law Offices of Susan E. Lederer (estimate) 3. Family Exemption: (If decedent's address is not the same as claimant's, attach explanation) Claimant Street Address City State Zip _ Relationship of Claimant to Decedent 4,149.24 10,000.00 10,300.00 4. Probate Fees 5. Accountant's Fees Accounting Associates 135.00 6. Tax Return Preparer's Fees 7. Other Administrative Costs 4,347.53 See continuation schedule(s) attached TOTAL (Also enter on line 9, Recapitulation) 28,931.77 Copyright (c) 2009 form software only The Lackner Group, Inc. Form PA-1500 Schedule H (Rev. 10-06) SCHEDULE H FUNERAL EXPENSES AND ADMINISTRATIVE COSTS continued ESTATE OF FILE NUMBER Enders, Matilda Louise 21-12 ITEM NUMBER DESCRIPTION AMOUNT 1 Funeral Ex e~ Haas Neill Funeral Home 3,550.37 2 Camp Hill United Methodist Church (Columbarium) 158.00 3 Dockside Willie's (funeral luncheon) 4.40,87 H-A 4,149.24 Other Administrative Costs 4 Cordier Antiques (fees and commissions) 666.00 5 Allstate Insurance Company (homeowners insurance) 754.41 6 UGI (gas bill -November -January) 578.16 7 PA Water Co. (water service -November -January) 158.41 8 Verizon (phone service -November) 25.57 9 Commonwealth Cleaning Services (house cleaning) 500.00 10 PPL (electric service -November -January) 305.42 11 Camp Hill Borough (sewer service November -January) 150.00 12 Penn Waste (trash collection October -December) 45.75 13 Clauser Real Estate Appraisals, LLC (house appraisal) 375.00 14 K8K Locksmith (new key for front door) 50.00 Copyright (c) 2002 form software only The Lackner Group, Inc. Form PA-1500 Schedule H (Rev. 6-98) SCHEDULE H FUNERAL EXPENSES AND ADMINISTRATIVE COSTS continued ESTATE OF FILE NUMBER Enders, Matilda Louise 21-12 ITEM NUMBER DESCRIPTION AMOUNT 15 Comcast (equipment return fee) 20.95 16 US Postal Service (postage) 13.35 17 Kathleen E. Sellers, Trustee -mileage (6 trips @ 14.3 miles to accountant's office, 6 trips @ 72.27 7.6 miles to attorney's office, for a total of 131.4 miles @ $0.55/mile) 18 Cleaning supplies 17.29 19 James S. Enders, Trustee -mileage and tolls (2 trips, Avalon, NJ to Harrisburg, PA for 249.00 attorney meetings - 380 miles @ $0.55/mile, $40.00 tolls) 20 Comcast (cable service- November-January) 350.95 21 Cumberland County Register of Wills (filing fee - PA Inheritance Tax Return) 15.00 H-67 4,347.53 Copyright (c) 2002 form software only The Lackner Group, Inc. Form PA-1500 Schedule H (Rev. 6-98) Rev-1512 EX+(t2-08) SCHEDULE 1 DEBTS OF DECEDENT, MORTGAGE LIABILITIES, 8r. LIENS COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF FILE NUMBER Enders, Matilda Louise 21-12 Report debts incurred by the decedent prior to death that remained unpaid at the date of death, including unreimbureed medical expenses. ITEM VALUE AT DATE NUMBER DESCRIPTION OF DEATH 1 UGI (gas bill- October) 70.09 2 PA Water Co. (water service -October) 81.15 3 Verizon (phone service -October) 24.07 4 Comcast (cable service -October) 110.66 5 Chase (credit card) 1,386.52 6 Debbie Brown (caregiver fee) 1,400.00 7 Allstate Insurance Company (homeowners insurance) 50.00 TOTAL (Also enter on Line 10, Recapitulation) I 3,122.49 (If more space is needed, additional pages of the same size) Copyright (c) 2009 form software only The Lackner Group, Inc. Form PA-1500 Schedule I (Rev. 12-08) REV-1513 EX+ (11-08) SCHEDULE J COM IMIJO ~WEAAI DECEDEN~R~VANIA BENEFICIARIES ESTATE OF I FILE NUMBER Enders, Matilda Louise 21-12 NAME AND ADDRESS OF RELATIONSHIP TO SHARE OF ESTATE AMOUNT OF ESTATE NUMBER PERSON(Sl RECEIVING PROPERTY DECEDENT (Words) ($$$) I TAXABLE DISTRIBUTIONS [include outright spousal ~ distributions, and transfers under Sec. 9116 a 1.2 1 Kelly A. Drake f/k/a Kelly A. Gizinski Granddaughter Life Estate in 83,877.50 125 North 27th Street Real Estate (see Camp Hill, PA 17011 4th Trust Amendment) 2 Don David Enders (deceased 10/07/2008) Son 3 Andrea L. Enders (daughter of Don David Granddaughter 1/9 of trust 20,300.98 Enders) property, incl 424 Emma #101 remainder int in Covington, KY 41011 real estate 4 Colby Enders (son of Don David Enders) Grandson 1/9 of trust 20,300.99 8543 Franklin Avenue, #405 property, incl Los Angeles, CA 90028 remainder int in real estate 5 James Sheibley Enders and Kathleen E. Sellers, Son 1/3 of trust 60,902.95 Trustees of the James Sheibley Enders Trust property, incl 278 32nd Street remainder int in Avalon, NJ 08202 real estate See continuation schedule attached Continuation 81,203.93 Total 266,586.35 Enter dollar amounts for distributions shown above on lines 15 throu h 18 on Rev 15 00 cover sheet as a r o riate. NON-TAXABLE DISTRIBUTIONS: II. A. SPOUSAL DISTRIBUTIONS UNDER SECTION 9113 FOR WHICH AN ELECTION TO TAX IS NOT TAKEN B. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS TOTAL OF PART II -ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV-1500 COVER SHEETI Copyright (c) 2009 form software only The Lackner Group, Inc. Form PA-1500 Schedule J (Rev. 11-08) SCHEDULE J BENEFICIARIES (Part I, Taxable Distributions) ESTATE OF: Matilda Louise Enders 10/29/2011 169-44-3333 Item Name and Address of Person(s) Number Receiving Property Relationship 6 Natalie C. Enders (daughter of Don Granddaughter David Enders) 1586 Indianola Avenue Columbus, OH 43201 7 Kathleen E. Sellers f/k/a Kathleen Ann Daughter Jumper 312 North 17th Street Camp Hill, PA 17011 Share of Estate (Words) 1/9 of trust property, incl remainder int in real estate 1/3 of trust property, inci remainder int in real estate Amount of Estate ($S$) 20,300.98 60, 902.95 Total 81 ~n~ a3 1 REV-1514 EX+ (4.p9) SCHEDULE K LIFE ESTATE, ANNUITY COMMONWEALTH OF PENNSYLVANIA & TERM CERTAIN INHERITANCE TAX RETURN RESIDENT DECEDENT (Check Box 4 on Rev-1500 Cover Sheet) ESTATE OF I FILE NUMBER Enders, Matilda Louise 21-12 This schedule should be used for all single life, joint or successive life estate and term-certain calculations. For dates of death prior to 5-1-89, actuarial factors for single life calculations can be obtained from the Department of Revenue. Actuarial factors can be found in IRS Publication 1457, Actuarial Values, Alpha Volume for dates of death from 5-1-89 to 4-30-99, and in Aleph Volume for dates of death from 5-1-99 and thereafter. Indicate the type of instrument which created the future interest below and attach a copy to the tax return. ^ Will NAME OF LIFE TENANT ®Intervivos DATE OF BIRTH Deed of Trust NEAREST AGE AT DATE OF DEATH ^ Other TERM OF YEARS LIFE ESTATE IS PAYABLE Kelly A. Gizinski n/k/a Kelly A. Drake 10/15/1981 30 ®Life or ^ Term of Years ^ Life or ^ Tenn of Years ^ Life or ^ Term of Years ^ Life or ^ Tenn of Years 1. Value of fund from which life estate is payable 2. Actuarial factor per appropriate table Interest table rate - ^ 3112% ^ 6% ^ 10% ®Variable Rate 1.4% 3, Value of life estate (Line 1 multiplied by Line 2) $ 83,877.50 NAME OF ANNUITANT DATE OF BIRTH NEAREST AGE AT DATE OF DEATH ItKM Vr YtAKS ANNUITY IS PAYABLE ^ Life or ^ Term of Years ^ Life or ^ Term of Years ^ Life or ^ Term of Years ^ Life or ^ Term of Years 1. Value of fund from which annuity is payable 2. Check appropriate block below and enter corresponding number Frequency of payout-^ Weekly (52) ^ Bi-weekly (26) ^ Monthly (12) ^ Quarterly (4) ^ Semiannually (2) ^ Annually (1) ^ Other 3. Amount of payout per period $ 4. Aggregate annual payment. Line 2 multiplied by Line 3 5. Annuity Factor (see instructions) Interest table rate - ^ 3112% ^ 6% ^ 10% ^Variable Rate 6. Adjustment Factor (see instructions) 7, Value of annuity - If using 3 1/2%, 6%, 10% or if variable rate and period payout is at end of period, calculation is: Line 4 x Line 5 x Line 6 If using variable rate and period payout is at beginning of period, calculation is: (Line 4 x Line 5 x Line 6) + Line 3 NOTE: The values of the funds which create the above future interests must be reported as part of the estate assets on Schedules A through G of the tax return. The resulting life or annuity interest(s) should be reported at the appropriate tax rate on Lines 13 and 15 through 18 of the return. 175,000.00 .4793 Copyright (c) 2009 form software only The Lackner Group, Inc. Form PA-1500 Schedule K (Rev. 4-09) y ~~~G~~IA L The DONALD E. ENDERS and MATILDA S. ENDERS a/k/a MATILDA L. ENDERS LIVING TRUST prepared for DONALD E. ENDERS and MATILDA S. ENDERS A/K/A MATILDA L. ENDERS JAMES, SNIlTH & DURKIN Attorneys-at-Law 134 Sipe Avenue Hummelstown, Pennsylvania 17036 (717) 533-3280 FAX (717) 533-2795 f © James, Smith & Durkin All Rights Reserved ~" DONALD E. ENDERS and MATILDA S. ENDERS a/k/a MATILDA L. ENDERS LIVING TRUST Table of Contents Article One Trust Creation . 1 1 ................................... - Article Two The Trust Estate ................................... 2-1 Article Three Appointment of Trustees .............................. ;-1 Article Four Trustors' Lifetime Rights . .................... 4-1 ........ Article Five Administration at Death of First Trustor .................. 5-1 Article Six Specific Distributions of Trust Property ................... 6-1 Article Seven Division into Survivor's Trust and Family Trust .............. 7-1 Article Eight The Survivor's Trust . ............................... 8-I Article Nine The Family Trust .......................... 9-1 ........ Article Ten Common Pot Trust ................................ 10-1 Article Eleven Division and Distribution of Trust Property . ............... 11-1 Article Twelve Distribution If No Designated Beneficiaries . ............... 12-1 Article Thirteen Trustee Administration ............................. 13-1 Article Fourteen Trustee Investment Powers ........................... 14-1 Article Fifteen General Provisions ................................. 15-1 `- i DONALD E. ENDERS and MATILDA S. ENDERS a/k/a MATILDA L. ENDERS Article One Trust Creation Section 1. Parties to Our Trust This trust agreement dated NOV 0 3 1995 is made between DONALD E. ENDERS, the husband Trustor, also known as DONALD E. ENDERS, and MATILDA S. ENDERS A/K/A MATILDA L. ENDERS, the wife Trustor, also known as MATILDA S. ENDERS A/K/A MATILDA L. ENDERS, and the following initial Trustees: DONALD E. ENDERS MATILDA L. ENDERS A/K/A MATILDA N. ENDERS Section 2. Name of Our Trust This trust may be referred to as the: DONALD E. ENDERS and MATILDA S. ENDERS a/k/a MATILDA L. ENDERS LIVING TRUST, dated -I~91/-gip ~aor The formal name of our trust and the designation to be used for the transfer of title to the name of our trust is: DONALD E. ENDERS and MATILDA L. ENDERS A/K/A MATILDA N. ENDERS, Trustees, or their successors in trust, under the DONALD E. ENDERS and MATILDA S. ENDERS a/k/a MATILDA L. ENDERS LIVING TRUST dated NOV 0 3 1995 and any amendments thereto Section 3. Revocable Living Trust Our Trust is a revocable living trust. 1-1 Section 5. Our Family a• The name(s) and birth date(s) of our children are: Name Birth date DON DAVID ENDERS KATHLEEN ANN JUMPER November 7, 1942 JAMES SHEIBLEY ENDERS April 30, 1949 October 11, 1951 All references to the children of DONALD E. ENDERS and MATILDA S. ENDERS a/k/a MATILDA L. ENDERS in this instrument are to these children and any children subsequently born to or adopted by us. i ~. 1-2 Article Two The Trust Estate Section 1. Initial Transfer of Property We hereby assign, convey, transfer and deliver to our Trustee all property set forth on Schedule "A", attached hereto, and made part of this trust agreement. Our Trustee acknowledges receipt of all assets listed on the attached Schedule. All assets titled in the name of our trust or in the name of our Trustee, but not listed on Schedule "A", shall be considered a part of our trust estate as if they had been set forth on the attached Schedule. Section 2. Additional Transfers to Trust We, or any other person or entity, may transfer or devise to our Trustee additional assets, real or personal, and may name our Trustee as the beneficiary of life insurance policies, annuities, retirement plans or similar contracts; such assets, policies and proceeds, upon delivery thereof to our Trustee, shall be a part of the trust estate, subject to all the terms of this trust agreement. ~~ Section 3. Character of Trust Assets Unless otherwise provided in this trust agreement, each of us shall own a sepazate share in our trust estate which shall consist of an undivided one-half (1/2) beneficial interest in our trust estate and such interests shall be held as tenants in common. Nevertheless, to the extent allowed by law, any community property, as invested and reinvested (and including any income and profits, as applicable), transferred to our trust by either or both of us shall fully retain its chazacter as community property for as long as allowed by law, and this retention of character shall continue in spite of any change in the situs of our trust. Section 4. Acceptance of Trust Property All property transferred to our trust and not disclaimed by our Trustee shall be held, administered and distributed according to the terms of this agreement. L 2-1 Section 5. Trust Property Schedule The trust property transferred to our trust is set forth on Schedule "A". ~ __ 2-2 Article Three Appointment of Trustees Section 1. Definition of Trustee All references in this agreement to "Trustee" shall be deemed a reference to the person or entity who is then serving as Trustee and shall include alternate or successor Trustees or Co-Trustees, unless the context requires otherwise. Section 2. Resignation of a Trustee Any Trustee may resign at any time without court approval by giving written notice to both of us or to our respective personal representatives. If both of us are not then living, written notice shall be given to our successor Trustee, or if there is no successor, to the beneficiaries then entitled to receive income or principal distributions under this trust agreement, to their respective personal representatives, or if such beneficiaries then be minors, to the persons having the care or custody of them. Section 3. Removal of a Trustee Any Trustee may be removed under this agreement as follows: a. While We are Both Alive and Competent While we aze both alive and legally competent and if we both agree, we shall have the right to remove any Trustee appointed under this agreement at any time with no requirement that the removed Trustee receive any reason for such termination. b. While One of Us is Alive or Competent After the death of one of us or when both of us are alive but only one of us is legally competent, any Trustee appointed under this trust agreement may be removed by the competent Trustor at any time for cause. 3-1 c. Removal by Others After the death or legal incompetency of both of us, any Trustee may be removed by a majority vote of the beneficiazies then entitled to receive income or principal distributions under this trust agreement or their respective personal representatives at any time for cause. d. Notice to Removed Trustee Written notice of removal under this agreement shall be effective immediately when signed by the person or persons authorized to make the removal and delivered to the Trustee personally or deposit by United States certified mail, return receipt requested. The written notice removing a Trustee shall designate a successor Trustee. e. Transfer of Trust Property The Trustee so removed shall promptly transfer and deliver to the successor Trustee all property of the trust under the Trustees' possession and control. Section 4. Designated Successor Trustees ~ Whenever a Trustee is removed, dies, resigns, becomes legally incapacitated, or is otherwise unable or unwilling to serve, that Trustee shall be replaced as follows: a. The Death or Disability of a Trustee While We are Serving as Trustees We may serve as the only Trustees or we may name any number of Trustees to serve with us. If any of these other Trustees subsequently die, resign, become legally incapacitated or aze otherwise unable or unwilling to serve as a Trustee, we may or may not fill the vacancy, as we both agree. b. Disability Trustees of DONALD E. ENDERS Upon the disability of DONALD E. ENDERS, if he is then serving as an initial Trustee, he shall be replaced by the following Disability Trustee(s): MATILDA S. ENDERS A/K/A MATILDA L. ENDERS If, for any reason, the Disability Trustee(s) named above aze unable or unwilling to serve, the following successor Disability Trustee(s) shall serve until the successor Disability Trustee(s) on the list have been exhausted. Unless otherwise 3-2 r specified, if Co-Disability Trustees are serving, the next following named ( successor Disability Trustee shall serve only after all of the Co-Disability Trustees cease to act as Trustees. (1) DON DAVID ENDERS AND (2) KATHLEEN ANN JUMPER AND (3) JAMES SHEIBLEY ENDERS c. Disability Trustees of MATILDA S. ENDERS AlK/A MA.TILDA L. ENDERS Upon the disability of MATILDA S. ENDERS A/K/A MATILDA L. ENDERS, if she is then serving as an initial Trustee, she shall be replaced by the following Disability Trustee(s): DONALD E. ENDERS If, for any reason, the Disability Trustee(s) named above are unable or unwilling to serve, the following successor Disability Trustee(s) shall serve until the successor Disability Trustee(s) on the list have been exhausted. Unless otherwise specified, if Co-Disability Trustees are serving, the next following named successor Disability Trustee shall serve only after all of the Co-Disability Trustees cease to act as Trustees. (1) DON DAVID ENDERS AND (2) KATHLEEN ANN JUMPER AND (3) JAMES SHEIBLEY ENDERS d. Death Trustees of DONALD E. ENDERS Upon the death of DONALD E. ENDERS, if he is then serving as an initial Trustee, he shall be replaced by the following Death Trustee(s): MATILDA S. ENDERS A/K/A MATILDA L. ENDERS If, for any reason, the Death Trustee(s) named above are unable or unwilling to serve, the following successor Death Trustee(s) shall serve until the successor Death Trustee(s) on the list have been exhausted. Unless otherwise specified, if Co-Death Trustees are serving, the next following named successor Death Trustee shall serve only after all of the Co-Death Trustees cease to act as Trustees. (1) DON DAVID ENDERS AND (2) KATHLEEN ANN JUMPER AND (3) JAMES SHEIBLEY ENDERS 3-3 e. Death Trustees of MATILDA S. ENDERS A/K/A MATILDA L. ENDERS Upon the death of MATILDA S. ENDERS A/K/A MATILDA L. ENDERS, if she is then serving as an initial Trustee, she shall be replaced by the following Death Trustee(s): DONALD E. ENDERS If, for any reason, the Death Trustee(s) named above are unable or unwilling to serve, the following successor Death Trustee(s) shall serve until the successor Death Trustee(s) on the list have been exhausted. Unless otherwise specified, if Co-Death Trustees aze serving, the next following named successor Death Trustee shall serve only after all of the Co-Death Trustees cease to act as Trustees. (I) DON DAVID ENDERS AND (2) KATHLEEN ANN JUMPER AND (3) JAMES SHEIBLEY ENDERS Section 5. Definition of Disability A Trustee shall be considered disabled in the event that a court of competent jurisdiction determines that such Trustee is legally incompetent, or in the event that a Trustee is not ~ adjudicated incompetent but, by reason of illness or mental disability, such Trustee has been certified by two licensed physicians to be unable to properly handle his or her own affairs. Section 6. No Designated Successor Trustees If at any time there is no Trustee acting under this agreement and there is no person or institution designated and qualified as a successor Trustee, a majority of the beneficiaries then eligible to receive distributions of income or principal under this agreement or their legal representatives shall appoint a successor Trustee. If any trust existing under this agreement lacks a Trustee and no successor is appointed pursuant to this Section, the vacancy shall be filled by a court of competent jurisdiction. 3-4 Section 7. Responsibility of Successor Trustees A successor Trustee shall have the same rights, powers, duties, discretions and immunities as i it had been named as initial Trustee under this agreement. No successor Trustee shall be personally liable for any act or failure to act of any predecessor Trustee or shall have any duty to examine the records of any earlier Trustee. A successor Trustee may accept the account rendered and the property delivered by or on behalf of a predecessor Trustee as a full and complete discharge of the duties of the predecessor Trustee without incurring any responsibility or liability for so doing. 3-~ Article Four Trustors' Lifetime Rights Section 1. Income and Principal a. Right to Trust Income and Principal Our Trustee shall pay to or apply for our benefit during our joint lifetimes all or such part of the income and principal of the trust estate as we may direct. We may not, however, direct our Trustee to make gifts from trust property to third parties. If our Trustee inadvertently makes a distribution we intended as a gift directly from the trust to a third party, that distribution shall be construed as a distribution to us first, then a gift to the third party from us. Unless directed in writing to the contrary by either of us: 1. Our Trustee shall be authorized to accept and execute instructions received from either Trustor regarding distributions of the income or principal of the trust estate to or for the benefit of either or both of us. 2. Our Trustee shall be authorized to make distributions of the income or principal of the trust estate in the sole name of a Trustor as instructed by either of us. b, Trustee Liability Upon.any distribution of the income or principal of the trust estate authorized or directed by a Trustor, our Trustee shall incur no liability to the other Trustor in respect of such distribution, shall be under no obligation to seek the approval or verification of the concurrence of the other Trustor to such distribution and shall have no responsibility for the application of any distribution made in the name of a Trustor. 4-1 c. Tracing of Income Not Required Unless otherwise provided or specified by either or both of us during our point lives, with respect to any distributions of income to either of us, our Trustee shall be under no obligation to allocate, trace or otherwise identify the actual source of such income. Section 2. Trustors' Rights During Disability a. Definition of Disability A Trustor shall be considered disabled in the event a court of competent jurisdiction determines that a Trustor is legally incompetent or in the event that a Trustor is not adjudicated incompetent but by reason of illness or mental disability a Trustor has been certified by two licensed physicians to be unable to properly handle his or her own affairs. b. Income and Principal Distributions Our Trustee during the period of a Trustor's disability shall pay to or apply for that Trustor's benefit as much of the net income and principal of our trust estate as our Trustee in its sole discretion shall deem necessary or advisable. c. Payment of Obligations Our Trustee during the period of a Trustor's disability shall, from time to time, pay that Trustor's valid obligations, medical expenses and provide for his or her comfortable maintenance and welfare, taking into consideration his or her other income or resources. d. Income and Principal Distributions for Non-disabled Trustor During the lifetime of either or both of us, should either or both of us become disabled, then our Trustee shall pay to or apply for the non-disabled Trustor's benefit as much of the principal and net income of the disabled Trustor's separate property estate and his or her interest in the joint marital property estate and community property, if any, as our Trustee in its sole discretion shall deem necessary or advisable, from time to time, for the non-disabled Trustor's health, maintenance, support and education, taking into consideration his or her other income or resources. 4-2 e. Trustee Guidelines In making distributions under this Section, our Trustee shall give primary consideration to the needs of the disabled Trustor and secondary consideration to the needs of the non-disabled Trustor. f. Tax Planning During oux joint lives, should either or both of us become disabled our Trustee may exercise the following powers as attorney in fact on our behalf, either alone or iri conjunction with any other attorney in fact under a durable power of attorney for a disabled Trustor, but the primary concern of our Trustee shall be for our welfare and secondarily for the welfare of our lineal descendants for tax planning: 1. Our Trustee may make additional distributions to our lineal descendants, equally by class, for the purpose of continuing any gift program initiated by us which our Trustee reasonably determines will achieve beneficial results for estate and/or income tax planning purposes. 2. Our Trustee may initiate a gift program on our .behalf which our Trustee reasonably determines will achieve beneficial results for estate and/or income tax planning purposes by making distributions to our lineal descendants, equally by class, so long as such distributions are made in the form which qualify for and are limited to the annual exclusion for federal gift tax purposes. 3. During any disability of a Trustor our Trustee shall be under no obligation to initiate, recommend or consider any tax planning objective or program for us and any exercise of its discretion in this regard, when conducted in good faith, shall not subject it to liability to any person affected thereby. Section 3. Right to Amend or Revoke Our Trust The Trustors may at any time or times, by written notice filed with the Trustees, amend any provision hereof or revoke this Trust in whole or in part, provided however, that each Trustor shall only hold the powers to amend and revoke as to his or her respective Share in the Trust. Furthermore, each Trustor shall have the power to partition this Trust into separate Trusts. 4-3 a. Power to Revoke and Amend While Both of Us Are Living While both of us are alive, we may at any time or times, by written notice filed with our Trustee, amend any provision hereof or revoke this trust agreement in whole or in part, provided however, that each of us shall only hold the powers to amend or revoke as to our respective shaze in our trust estate. Furthermore, each of us shall have the power to partition our trust into separate trusts. b. Power to Revoke and Amend After Death of First Trustor After the death of the first of us to die, the surviving Trustor may at any time amend, revoke or terminate, in whole or in part, the Survivor's Trust in which the surviving Trustor has a general power of appointment. All other trusts shall become irrevocable and shall not be subject to amendment after the death of the first Trustor. c. Method to Revoke or Amend Any amendment, revocation or termination of this trust or any trust created by this agreement shall be made by written instrument signed by both of us or by the Trustor making the revocation, amendment or termination, and delivered to our Trustee. If the instrument making the revocation, amendment or termination is signed by only one Trustor and the other Trustor is living at that time, a copy of the instrument making the amendment, revocation or termination shall also be delivered to the other Trustor. A exercise of the power of amendment substantially affecting the duties, rights and liabilities of our Trustee shall be effective only if agreed to by our Trustee in writing. d. Delivery of Property After Revocation After any revocation or termination with respect to our trust (and any trust created hereunder), our Trustee shall promptly deliver the trust property to the Trustor or Trustors to the extent of their interest in the trust property. e. Trustee's Retention of Assets Upon Revocation In the event of any revocation of all or part of our trust, our Trustee shall be entitled to retain sufficient assets to reasonably secure the payment of liabilities our Trustee has lawfully incurred in administering the trust and any fees that have been discharged and fees paid, unless we indemnify our Trustee against loss or expense. Section 4. Exercise of Trustors' Rights and Powers by Others 4-4 Any right or power that either of us could exercise under the terms of this agreement, except the power to amend, revoke or terminate any trust created by this agreement, may be exercised for and on behalf of that Trustor by any attorney in fact who, at the time of the exercise, is duly appointed and acting for that Trustor under a valid and enforceable durable power of attorney executed by that Trustor or, if there is no such attorney in fact, by a duly appointed and acting guardian or conservator of that Trustor after petition to a court of competent jurisdiction. The power to amend, revoke or terminate any trust created by this agreement is personal to us and may not be exercised by any other person or entity. Section 5. Rights Concerning Standby Property It is contemplated that certain assets may be added to the trust estate from time to time with the possession and control thereof retained by or redelivered to us. If we execute and deliver to our Trustee an instrument effectively transferring such assets to our Trustee together with any further documentation necessary to effect the record transfer thereof, in the event of a Trustor's death or incapacity the assets shall be deemed to be assets of the trust estate and held by us as the nominee of our Trustee. During the period such assets aze in our possession they shall be subject to the following terms and conditions: a. We may receive directly and devote to our own use and benefit any dividends, interest, income or distributions from f or upon such assets and neither we nor our Trustee shall have any duty of accounting to the other or to any other person with regazd thereto. b. Any sale, exchange or other transfer of such assets by us shall constitute a withdrawal of such assets from the trust estate and our Trustee shall have no further interest therein or duties with regard thereto. Though not a condition precedent to any such withdrawal, we agree to notify our Trustee of all such withdrawals. c. We shall be responsible for the reporting of the income from such assets to the appropriate taxing authorities and our Trustee shall have no responsibility for including such income on any fiduciary returns prepazed by it or for the preparation of any other income tax return with respect thereto unless we duly notify our Trustee of such income items and a full and adequate accounting thereof is made and presented to our Trustee. d. We shall protect and indemnify our Trustee against all `~ 4-5 losses, liabilities and expenses which may result directly or indirectly from our use, possession, management or control of such assets. e. Upon the death or incapacity of either of us, our Trustee shall be entitled to the possession thereof and thereafter shall have all the rights, powers and duties with respect to such assets which are otherwise granted to our Trustee herein. It is understood that our Trustee shall be responsible only for the assets which actually come into its possession and control. However, it is also understood that our Trustee . shall use any reasonable and prudent means to secure possession of any trust assets of which it has knowledge. Our Trustee shall have no duty, accountability or responsibility to us or to any other person with respect to any assets of which it has no knowledge or of which it is unable to obtain possession and control. Section 6. Trustor/Trustee Bank Accounts It is contemplated that we may establish a joint bank account or accounts with our Trustee and ( ~~ create powers of attorney in respect thereof in other persons. Deposits from time to time made ~. by us or other authorized persons into such an account shall constitute transfers to the trust estate and withdrawals therefrom, which may be made without the co-signature of our Trustee, shall constitute withdrawals from the trust estate. However, our capacity and other authorized persons with respect to any such account shall be that of nominee of our Trustee, not co-owner. At any given time the trust estate shall include the then balance of any such account. Section 7. Life Insurance Policies and Retirement Plans Unless otherwise provided in this trust agreement or elsewhere, either or both of us shall have all powers over life insurance policies and retirement benefits owned by or made payable to our trust, including the following: a. Payment of Premiums We shall be responsible for the payment of premiums and other chazges on each policy of insurance owned by or made payable to our trust. Our Trustee shall have no duty to make any payment or be responsible to determine whether such payments have been made. 4-6 b• Custody of Policies ~_ Our Trustee shall not be responsible for the custody or safekeeping of any life insurance policy before its actual delivery to our Trustee nor after a subsequent withdrawal of such policy from such trust. c• Change Beneficiaries We shall have the right to change the beneficiary and to receive any dividends or other earnings of such policies or plans without accountability therefor to our Trustee or any beneficiary in this agreement. d. Assignment We may assign. any policy or plan benefits to any lender to the extent allowed by law, including our Trustee, as security for any loan to us or any other person. e. Surrendered Policies If any life insurance policy is surrendered or if the beneficiary of any policy is changed, this trust agreement shall be revoked with respect to such policy. However, ~ no. revocation of the trust with respect to any policy, whether pursuant to the provisions of the preceding sentence or otherwise, shall be effective unless ,. the surrender or chan e in benefici g ary of the policy is accepted by the insurance company. Section S. Undistributed Net Income Any net income not distributed under the provisions of this Article shall be added to the trust principal. />, 4-7 ... ~ _ Article Five Administration at Death of First Trustor Section 1. Trustee's Discretion to Pay Debts and Taxes .After the death of the first of us to die, our Trustee, in its sole discretion, may pay all or any part of the deceased Trustor's following expenses, debts, claims and taxes becoming due or payable by reason of the death of the first of us: a. Final medical expenses and all funeral costs; b. Legally enforceable claims against the deceased or the estate; c. Reasonable expenses of administration of this trust and the deceased's probate estate, if any; d. Any allowances mandated by a court of competent jurisdiction to those dependent upon the deceased Trustor; e. - Any estate, inheritance, succession, death or similar taxes payable by '` reason of the death of the first of us; and f. Any penalties or interest on any of the above claims, debts or taxes owed by the deceased or the estate. Section 2. Payment by Our Trustee or Personal Representative Our Trustee in its sole discretion may make distributions authorized under this Article either directly to the person or entities to whom payment is owed or to the personal representative of the deceased Trustor's probate estate. Written statements by the deceased's personal representative that such sums are due and payable by the estate shall be sufficient evidence of their amount and propriety for the protection of our Trustee. Our Trustee shall be under no duty to see to the application of any such payments made to the deceased's personal representative. Section 3. Tax Elections With regard to the payment .of any income tax, gift tax, estate tax, inheritance tax or any other tax required because of the death of the first of us, our Trustee shall have the right to make any ~- 5-1 .~ available elections allowed under the law. Our Trustee is authorized to sign and file any tax return required because of the death of the first of us. Section 4. Payment of Death Taxes, Claims and Expenses a. Payment out of Trust Property All death taxes, claims and expenses payable under the provisions of this Article shall be paid by our Trustee out of the trust estate, except as specifically provided for elsewhere in this agreement. b. Exception for Property Passing Outside of Trust Notwithstanding any other provision in our trust, all death taxes, claims and expenses incurred by reason of assets passing outside of our trust or probate estate shall be assessed against those persons receiving such property. c. Payment from Deceased Trustor's Share Notwithstanding any other provision in this or any other instrument, no death taxes, claims and expenses payable under the provisions of this Article shall be ~' paid. from the beneficial Share owned by the surviving Trustor. ~-- 5-2 r Article Six Specific Distributions of Trust Property Section 1. No Specific Distributions Our Trustee shall make no specific distributions of trust property to any beneficiaries under this trust agreement upon our death. All distributions of trust property shall be made in the Articles that follow. ,:., 6-1 ~r Article Seven Division into Survivor's Trust and Family Trust Section 1. Division of the Trust Estate Upon the death of the first Trustor to die, our Trustee shall allocate and distribute the remaining trust estate, including any property that becomes distributable or payable to our Trustee at the deceased Trustor's death, into two separate shares to be identified as the Survivor's Shaze and the Family Share. a. Surviving Trustor's Property Transferred to the Survivor's Share The Survivor's Share shall consist of the surviving Trustor's one-half (12) interest in all of the assets representing the trust property held by our Trustee. b. Deceased Trustor's Property Transferred to the Survivor's Share The Survivor's Share shall also consist of assets having a value equal to the unlimited federal estate tax marital deduction allowable to the deceased Trustor's ~, estate, subject to the following: 1. The Survivor's Share shall be reduced by the net value for federal estate tax purposes of all other property that passes or has passed to the surviving Trustor under this trust agreement, the deceased Trustor's probate estate or otherwise that qualifies for the federal estate tax marital deduction. 2. The Survivor's Share shall be reduced by all federal estate tax deductions actually allowed other than the marital deduction; 3. The Survivor's Share shall be reduced by the amount, if any, needed to increase the deceased Trustor's taxable estate for federal estate tax purposes to the largest amount that after allowing for the unified credit against federal estate tax, will result in the smallest, if any, federal estate tax being imposed on the deceased Trustor's estate; L_ 7-1 ~-~ 4. The Survivor's Share shall be reduced by the credit for state death taxes available to the estate of the deceased Trustor, to the extent that the use of that credit does not result in or increase any death tax payable to any state; and 5. The Survivor's Share shall be reduced by any other allowable credits available to the estate of the deceased Trustor, except the credit for tax on prior transfers from a "transferor", as defined in Internal Revenue Code Section 2013, who dies within two years after the date of death of the deceased Trustor, but only to the extent that those credits do not disqualify this gift from receiving the marital deduction. 6. Notwithstanding any other provision in this Section, the Survivor's Share shall never have assets with a value less than the maximum amount after allowing for the unified credit against the federal estate tax as of the date of the deceased Trustor's death, unless the value of the surviving Trustor's trust property (less all liabilities) and the deceased Trustor's gross estate (less all allowable deductions except the federal estate tax marital deduction) is less than the maximum amount after allowing for the unified credit against the federal estate tax, in which case the entire amount of the deceased Trustor's trust property shall be allocated to the Survivor's Share. For purposes of this calculation, the Survivor's Share shall be reduced by the net value for federal estate tax purposes of all other property that passes or has passed to the surviving Trustor under this trust agreement, the deceased Trustor's probate estate or otherwise that qualifies for the federal estate tax marital deduction. c. Survivor's Share to be Administered as Survivor's Trust The Survivor's Share shall be held, administered and distributed according to the provisions of the Survivor's Trust as set forth in Article Eight of this trust agreement. d. Property Transferred to the. Family Share The Family Share shall consist of all assets not distributed to the Survivor's Share. 7-2 e. Family Share to be Administered as Family Trust The Family Shaze shall be held, administered and distributed according to the provisions of the Family Trust as set forth in Article Nine of this trust agreement. Section 2. Allocation and Valuation of Assets In allocating assets between the Survivor's Shaze and the Family Share, our Trustee shall allocate the trust assets that qualify for the marital deduction between the Survivor's Shaze and the Family Share in cash or in kind, or partly in each, on a pro rata or non pro rata basis, and in undivided interests or not; subject, however, to the following: a. Qualification for Marital Deduction Only assets that qualify for the marital deduction shall be allocated to the Survivor's Share. b. Valuations of Allocations in Kind Assets allocated in kind shall be deemed to satisfy the marital deduction amount on the basis of their values as finally determined for federal estate tax purposes; provided; however, that our Trustee shall act impartially, consistent with equitable principles, requiring impartiality among beneficiaries, in allocating assets in satisfaction of the marital deduction share, so that any distribution of assets in satisfaction of the marital deduction share shall be made of assets, including cash, fairly representative of appreciation or depreciation in the value of all property thus available for distribution. c. Income The Survivor's Shaze shall be entitled to a pro rata share of the income earned on deceased Trustor's residuary probate and trust assets from the date of deceased Trustor's death, including a share of income earned on assets used to dischazge liabilities. d. Foreign Death Tax Credit Our Trustee shall not allocate assets that qualify for the foreign death tax credit to the Survivor's Share unless all other assets or interests available for allocation have been so allocated. 7-3 .: ~ e. Insurance on the Life of the Surviving Trustor ,` Our Trustee shall not allocate any policy of insurance on the life of the surviving Trustor to the Survivor's Share. f. Insurance on the Lives of Others Any incidents of ownership to a policy of insurance on the life of a person other than the deceased Trustor shall be allocated to the Family Share. g. Lack of Property to Fully Fund the Survivor's Share If there is insufficient property qualifying for the federal estate tax marital deduction to fully fund the Survivor's Share, the funding to the Survivor's Share shall be reduced accordingly. Section 3. Intention that Survivor's Share Qualify for Marital Deduction We intend that the Survivor's Share qualify for the federal estate tax marital deduction and this agreement shall be construed accordingly. All other provisions of this trust agreement shall be subordinate to that intent. If the granting of any right, power, privilege, authority, or immunity to our Trustee or another person and the imposition of any duty upon our Trustee or another person by any provision of this trust agreement, would disqualify any shaze or interest of a beneficiary hereunder from qualifying for the federal estate tax marital deduction provided by Section 2056 of the Code, such provision shall be ineffective if and to the extent that the same, if effective, would so disqualify such share or interest. The provisions of this Section shall also apply to the deceased Trustor's probate estate, personal representative and all beneficiazies, devisees and legatees. Notwithstanding any other provision in this trust agreement to the contrary, the surviving Trustor at any time shall have the right to duect our Trustee, in writing, to convert, within a reasonable time, any unproductive trust property to income producing property. Section 4.. Disclaimer of Property Any property or portion of property that is disclaimed by the surviving Trustor shall be held, administered, or distributed according to the following terms: a. Property Disclaimed The surviving Trustor may disclaim any property held or distributed to or for the `1~ 7-4 r benefit of the surviving Trustor under this trust agreement. b. Time to Disclaim The surviving Trustor may disclaim within the time limits and under the conditions permitted by the laws regulating disclaimers. c. Delivery of Disclaimer to Our Trustee A disclaimer by the surviving Trustor may be exercised by the delivery to our Trustee of an irrevocable and unconditional refusal to accept any or all property interests passing to the surviving Trustor or the Survivor's Share. d. Disclaimer of Survivor's Share If the surviving Trustor exercises a disclaimer with respect to any or all property set aside as the Survivor's Shaze, such disclaimed interest shall be added to the Family Share. e. Disclaimer of Family Share If the surviving Trustor exercises a disclaimer with respect to any or all property . set aside as the Family Share, such disclaimed interest shall be distributed under the relevant terms of this agreement as though the surviving Trustor had predeceased the deceased Trustor. Section 5. Retirement. Accounts If our Trustee is named the beneficiary of an interest in one or more plans which are qualified under Internal Revenue Code Section 401 or one or more Individual Retirement Accounts qualified under Internal Revenue Code Section 408 (hereinafter "Retirement Accounts"), then our Trustee shall allocate the benefits payable from such Retirement Accounts to the Survivor's Trust (or a shaze hereunder) without underfunding the Family Trust, if possible. Furthermore, if one or more Retirement Accounts aze distributed to the Survivor's Trust in installment payments, the following provisions shall apply: a. Amount To Be Distributed Our Trustee shall pay to or apply for the sole benefit of the surviving Trustor, at least, quarterly; the greater of (i) all of the net income earned by the Retirement Account, or (ii) the amount required to be distributed from such Retirement Account under Internal Revenue Code Section 401(a)(9). Our Trustee shall take 7-5 all of the necessary action to cause the Retirement Account to distribute to the r Survivor's Trust the amount required to be distributed to the Surviving Trustor ~. under this paragraph. b. Qualifying Income Interest Our Trustee shall take all of the necessary action to assure that the interest of the surviving Trustor qualifies as a qualifying income interest for life pursuant to Internal Revenue Code Section 2056(b)(7). c. Principal and Income Allocation Our Trustee shall allocate to the income of the Survivor's Trust all of the net income earned by the Retirement Account and paid to that trust regardless of whether the Retirement Account is allocated to principal for trust accounting purposes. Our Trustee shall allocate to principal of the Survivor's Trust all other distributions from the Retirement Account. d. Underproductive Property The surviving Trustor shall have the power to direct our Trustee to compel any Retirement Account from which distributions are made to the Survivor's Trust to be invested in income-producing assets. e. Power to Accelerate Distributions Our Trustee shall elect an option under each Retirement Account which allows our Trustee in its discretion to accelerate distributions and to receive one or more lump sum payments from such Retirement Account so that our Trustee has the flexibility to withdraw principal in its discretion from the Retirement Account. If such an option is not available under the Retirement Account, our Trustee shall take all of the necessary action to cause such Retirement Account to be transferred to an Individual Retirement Account which offers such flexibility and which is titled'~in the participant's name and is qualified under Internal Revenue Code Section 408; provided however, that such transfer is not treated as a taxable distribution for income tax purposes. 7-6 C Article Eight Survivor's Trust Section 1. Rights of Surviving Trustor in the Survivor's Trust Our Trustee shall hold, administer and distribute the assets of the Survivor's Trust as follows: a. Payment of Income Our Trustee shall. pay to or apply for the benefit of the surviving Trustor, so long as the surviving Trustor lives, the entire net income of the Survivor's Trust in monthly or other convenient installments agreed upon by the surviving Trustor and our Trustee, but not less often than annually. If our Trustee is entitled to payments from any Retirement Account, it shall allocate to income from payments received in any calendar year an amount equal to the income earned by the account in such year, and any excess shall be allocated to principal, and if the payments in such year shall be less than the amount equal. to the income earned by the account in such year, the surviving Trustor shall have the continuing right to require our Trustee to withdraw from the account and pay to him/her as income an additional amount so that helshe can be paid an amount equal to such income. Notwithstanding the preceding sentence, if the Internal Revenue Service should determine that for the Survivor's Trust to qualify for the marital deduction all of the income earned by the account does not have to be distributed to the surviving Trustor or be subject to his/her withdrawal right,' then only the amount required for such qualification shall thereafter be distributed to him/her or be subject to his/her withdrawal right. b. Discretionary Payment of Principal At any time or times during the trust term, our Trustee shall pay to or apply for the benefit of the surviving Trustor so much of the principal of the Survivor's Trust as our Trustee deems proper for the surviving Trustor's comfort, welfaze and happiness. In exercising discretion, our Trustee shall give the consideration that our Trustee deems proper to all other income and resources then readily available to the surviving Trustor for use for these purposes that aze then known to our Trustee. t` . ~- 8-1 c• Right of Surviving Trustor to Withdraw Principal Our Trustee shall pay to the surviving Trustor as much of the trust principal of the Survivor's Trust as the surviving Trustor may from time to time demand in a signed writing delivered to our Trustee. d. General Power of Appointment Upon the death of the surviving Trustor, our Trustee shall distribute all of the trust property, including the trust principal and accrued and undistributed income, to any person or entity and upon any trust, terms and conditions, or to or in favor of the estate of the surviving Trustor as the surviving Trustor may direct by his or her last will or living trust agreement. No exercise of this general power of appointment shall be effective unless it refers to this trust agreement and expressly indicates an intention to exercise this general power of appointment. Our Trustee may rely upon any instrument admitted to probate as the last will of the surviving Trustor in carrying out the terms of the power of appointment and shall not be liable for any good faith act in reliance upon that will even if for any reason it is later determined to be invalid with respect to its purported exercise of this power of appointment. If our Trustee receives no notice of the existence of a will of the surviving Trustor within six (6) months after the death of the surviving Trustor, our. Trustee may distribute the trust assets and income as though this power of appointment had not been exercised and shall in that event be conclusively presumed to have acted in good faith, even if a valid will is thereafter discovered. Section 2. Trustee's Discretion to Pay Debts and Taxes The Survivor's Trust shall terminate upon the death of the surviving Trustor. Our Trustee, shall hold, and administer the unappointed balance or remainder of the Survivor's Trust as follows: a. Surviving Trustor's Debts and Taxes Our Trustee in its sole discretion may pay all or any part of the surviving Trustor's following expenses, debts, claims and taxes becoming due or payable by reason of the surviving Trustor's death: 1. Final medical expenses and all funeral costs; 2. Legally enforceable claims against the surviving Trustor or the surviving Trustor's estate; 3. Reasonable expenses of administration of this trust and the surviving Trustor's probate estate, if any; 8-2 ~ 4. Any allowances mandated by a court of competent L jurisdiction .to those dependent upon the surviving Trustor; 5. Any estate, inheritance, succession, death or similar taxes payable by reason of the death of the surviving Trustor; and 6. Any penalties or interest on any of the above claims, debts or taxes owed by the surviving Trustor or the surviving Trustor's estate. Section 3. Payment by Our Trustee or Personal Representative Our Trustee in its sole discretion may make distributions authorized under this Article either directly to the person or entities to whom payment is owed or to the personal representative of the surviving Trustor's probate estate. Written statements by the surviving Trustor's personal representative that such sums are due and payable by the estate shall be sufficient evidence of their amount and propriety for the protection of our Trustee. Our Trustee shall be under no duty to see to the application of any such payments made to the surviving Trustor's personal representative. Section 4. Tax Elections With regazd to the payment of any income tax, gift tax, estate tax, inheritance tax or any other tax required because of the death of the surviving Trustor, our Trustee shall have the right to make any available elections allowed under the law. Our Trustee is authorized to sign and file any tax return required because of the death of the surviving Trustor. Section 5. Administration of Survivor's Trust Remainder After payment of debts, expenses and taxes, our Trustee shall hold and administer the unappointed balance or remainder of the Survivor's Trust as provided in the Articles that follow. 8-3 Article Nine Family Trust Section 1. Rights of Surviving Trustor in the Family Trust Our Trustee shall hold, administer and distribute the assets of the Family Trust as follows: a. Payment of Income Our Trustee shall pay to or apply for the benefit of the surviving Trustor, so long as the surviving Trustor lives, the entire net income of the Family Trust in monthly or other convenient installments agreed upon by the surviving Trustor and our Trustee, but not less often than annually. b. Discretionary Payment of Principal At any time or times during the trust term, our Trustee shall pay to or apply for the benefit of the surviving Trustor and our joint descendants so much of the principal of the Family Trust as our Trustee in its discretion deems proper for their health, maintenance, support and education. c. Guidelines for Trustee's Discretion In exercising discretion our Trustee may pay to or apply more for some beneficiaries than for others and may make payments to or for one or more beneficiaries to the exclusion of others. However, our Trustee shall, at all times, give primary consideration to the surviving Trustor's needs and only thereafter to our joint descendants. No amount paid or applied need thereafter be repaid to our Trustee or restored to our trust. In exercising discretion our Trustee shall give the consideration that our Trustee deems proper to all other income and resources that are known to our Trustee and that are readily available to the beneficiaries for use for these purposes. Our Trustee shall accumulate and add to principal any net income not distributed. d. Limitation on Discretionary Payment of Principal by Trustee We recommend, but it is not mandatory, that our Trustee shall first exhaust the principal from the Survivor's Trust before making discretionary payments of principal to the surviving Trustor from the Family Trust. e. Surviving Trustor's Right to Withdraw Principal 9-1 The surviving Trustor shall have the power to withdraw from the Family Trust principal each calendar year those amounts that shall not exceed the greater of five thousand dollazs ($5,000) or five (5) percent of the assets, valued as of the end of the preceding calendar year. The surviving Trustor shall exercise this power by a written instrument signed by him or her and delivered to our Trustee. This power is noncumulative and to the extent it is not exercised by the end of January of each calendar yeaz, it shall lapse. This power shall exist each year until the death of the surviving Trustor. Section 2. Limited Power of Appointment By either a last will or by a living trust agreement, the surviving Trustor shall have the limited testamentary power to appoint to or for the benefit of our joint descendants some or all of the principal and any accrued but undistributed net income of the Family Trust as it exists at the death of the surviving Trustor. The surviving Trustor may appoint trust assets under this limited testamentary power among our joint descendants in equal or unequal amounts, either directly or in trust, as the surviving Trustor directs. This limited testamentary power of appointment shall not be exercised in favor of the Surviving Trustor's estate, the creditors of the surviving Trustor, the creditors of the surviving Trustor's estate, or in any way which would result in any economic benefit to the surviving Trustor. Section 3. Termination of the Family Trust On the death of the surviving Trustor, the Family Trust shall terminate. All unappointed and undistributed trust assets, including any accrued and undistributed net income, shall be held, administered and distributed in the Articles that follow. 9-2 Article Ten Common Pot Trust l After the death of the surviving Trustor, our Trustee shall not create a Common Pot Trust. Ail trust property that has not been distributed under prior Articles of this trust agreement shall be held, administered, divided, and distributed according to the provisions of the Articles that follow. 10-1 Article Eleven Division and Distribution of Trust Property Section 1. Division of Trust Property Into Shares Our Trustee shall divide all trust property not previously distributed into sepazate shares as follows: Ben= Name Share DON DAVID ENDERS KATHLEEN ANN JUMPER 3~% JAMES SHEIBLEY ENDERS ~ ~ ISSUE OF JAMES SHEIBLEY ENDERS 17% 17% Section 2. Distribution of Trust Shares for Our Beneficiaries The trust shaze of each beneficiary named in Section 1. of this Article who survives us shall be held, administered and distributed as follows: In dividing the principal into shares as indicated above, my Trustee shall charge as advancements against the respective shares any distributions or gifts which my children received during their lifetimes from me. My .Trustee shall consult any lists which I have maintained of said gifts to determine the nature and amount of these advancements. My Trustee shall consider any such gifts, or advancements. and shall equalize the separate shazes to be distributed to my children. a• Distribution of Trust Share for DoN DAVID ENDERS The trust shaze set aside for DON DAVID ENDERS shall be held, administered and distributed as follows: 1. Distributions of Net Income Our Trustee shall immediately pay to, or apply for the benefit of such beneficiary all accumulated net income, free of the trust. 11-1 2. Distributions of Princi al P Our Trustee shall immediately pay to, or apply for the benefit of, DON DAVID ENDERS all principal, free of the trust. 3. Distribution on Death of Beneficiary If such beneficiary should die before the complete distribution of the trust share, such trust shall terminate and our Trustee shall distribute the balance of the trust property to such beneficiary's then living descendants per stirpes. If such beneficiary has no then living descendants, our Trustee shall distribute the balance of the trust property to our then living descendants per stirpes. If we have no then living descendants, our Trustee shall distribute the balance of the trust property as provided for in the Articles that follow. b• Distribution of Trust Share for xA~HI,EEN ANN JUMPER The trust share set aside for KATHLEEN ANN JUMPER shall be held, administered and distributed as follows: 1. Distributions of Net Income Our Trustee shall immediately pay to, or apply for the benefit of such beneficiary all accumulated net income, free of the trust. 2. Distributions of Principal Our Trustee shall immediately pay to, or apply for the benefit of, KATHLEEN ANN JUMPER all principal, free of the trust. 11-2 3. Distribution on Death of Beneficiary If such beneficiary should die before the complete distribution of the trust share, such trust shall terminate and our Trustee shall distribute the balance of the trust property to such beneficiary's then living descendants per stirpes. If such beneficiary has no then living descendants, our Trustee shall distribute the balance of the trust property to our then living descendants per stirpes. If we have no then living descendants, our Trustee shall distribute the balance of the trust property as provided for in the Articles that follow. c• Distribution of Trust Share for JAMES SHEIBLEY ENDERS The trust share set aside for JAMES SHEIBLEY ENDERS shall be held, administered and distributed as follows: 1. Distributions of Net Income Our Trustee shall apply to, or for the benefit of, such beneficiary, at least monthly, all of the net income from such trust share. 2. Distributions of Principal Our Trustee, in its sole and absolute discretion, shall apply to, or for the benefit of, JAMES SHEIBLEY ENDERS so much of the principal from their trust share as our Trustee deems advisable for the education, health, maintenance and support. At the time of death of the second of us to die, our Trustee shall distribute 1/4 of the accumulated net income and principal to JAMES SHEIBLEY ENDERS, free of the trust. 11-3 Two years after the date of death of the second of us to die, our Trustee shall distribute 1/4 of the accumulated net income and principal to JAMES SHEIBLEY ENDERS, free of the trust. Four yeazs after the date of death of the second of us to die, our Trustee shall distribute 1/4 of the accumulated net income and principal to JAMES SHEIBLEY ENDERS, free of the trust. Six years after the date of death of the second of us to die, our Trustee shall distribute the remaining balance of the trust property to JAMES SHEIBLEY ENDERS, free of the trust. Our Trustee, in its sole discretion, can distribute principal for emergency health needs or can distribute the balance of principal prior to the above schedule if they deem such a distribution to be appropriate. 3. Distribution on Death of Beneficiary If such beneficiary should die before the complete distribution of the trust share, such trust shall terminate and our Trustee shall distribute the balance of the trust property to such beneficiary's then living descendants per stirpes. If such beneficiary has no then living descendants, our Trustee shall distribute the balance of the trust property to our then living descendants per stirpes. If we have no then living descendants, our Trustee shall distribute the balance of the trust property as provided for in the Articles that follow. d• Distribution of Trust Share for LSSUE OF JAMES SHEIBLEY ENDERS The trust share set aside for ISSUE OF JAMES SHEIBLEY ENDERS shall be held, administered and distributed as follows: 11-4 1. Distributions of Net Income Our Trustee in its sole but reasonable discretion shall apply to, or for the benefit of, such beneficiary so much of the net income from the trust share as our Trustee deems advisable for such beneficiary's education, health, maintenance and support. 2. Distributions of Principal Our Trustee, in its sole and absolute discretion, shall apply to, or for the benefit of, ISSUE OF JAMES SHEIBLEY ENDERS so much of the principal from their trust share as our Trustee deems advisable for the education, health, maintenance and support. When ISSUE OF JAMES SHEIBLEY ENDERS reach the age of 21 years, or on the creation of such trust ISSUE OF JAMES SHEIBLEY ENDERS has already attained the age of 21, our Trustee shall distribute 1/3 of the accumulated net income and principal to ISSUE OF JAMES SHEIBLEY ENDERS, free of the trust. When ISSUE OF JAMES SHEIBLEY ENDERS reach the age of 25 years, or on the creation of such trust ISSUE OF JAMES SHEIBLEY ENDERS has already attained the age of 25, our Trustee shall distribute 1/2 of the accumulated net income and principal to ISSUE OF JAMES SHEIBLEY ENDERS, free of the trust. When ISSUE OF JAMES SHEIBLEY ENDERS reach the age of 30, our Trustee shall distribute the remainder of the accumulated net income and principal to ISSUE OF JAMES SHEIBLEY ENDERS, free of the trust. 11-5 3. Distribution on Death of Beneficiary If such beneficiary should predecease us or die before the complete distribution of the trust share, the trust share set aside for such beneficiary shall terminate and our Trustee shall distribute the balance of the trust property among the surviving issue of JAMES SI-IEIBLEY ENDERS, pro rata. Section 3. Distribution of Trust Share for Descendant of Deceased Child Our Trustee shall promptly distribute, free of the trust, all accumulated net income and principal of the trust share set aside for each of our deceased children to their descendants, if any per stirpes. If any such descendant dies before the complete distribution of his or her trust share, that descendant's trust share shall terminate and our Trustee shall distribute the balance of the trust property to such descendant's then living descendants, per stirpes. If such descendant has no then living descendants, our Trustee shall distribute the balance of the trust property to our then living descendants, per stirpes. If we have no then living descendants, our Trustee shall distribute the balance of the trust property as provided for in the Articles that follow. Section 4. Distributions to Underage or Disabled Beneficiaries Notwithstanding any other provision in this trust agreement, if any person otherwise entitled to receive a distribution of trust property is under 25 years of age or is mentally disabled or legally incompetent as defined in Article Fifteen, our Trustee shall retain and administer that person's trust property for his or her benefit as follows: a- Our Trastee's Discretion Our Trustee may pay to or apply for the benefit of such beneficiary so much of the net income and principal of the trust as our Trustee in its discretion deems proper considering all other sources of income and resources available to such beneficiary and known to our Trustee. b• Payments Made to Beneficiary or Personal Representative Our Trustee is authorized to make payments under this Section either directly to the beneficiary, to the beneficiary's personal representative or to any other person our Trustee may deem proper, to be used for the benefit of the beneficiary. 11-6 c• Trustee's Decisions are Final All decisions by our Trustee as to those it makes payment to, the purposes for which these payments are made, and the amounts to be paid out of the trust are within our Trustee's sole but reasonable discretion. d- Undistributed Net Income All undistributed net income shall be accumulated and added to the principal of the trust. e• Termination and Distribution Our Trustee shall distribute the trust property to a beneficiary under this Section as follows: 1/3 when such beneficiary reaches age 21, 1/3 when such beneficiary reaches age 25 and the remaining balance when such beneficiary reaches age 30, or when he or she is no longer disabled as determined by a court of competent jurisdiction, or upon certification by two licensed physicians that such beneficiary is able to properly care for his or her properly and person. f. Death of Disabled or Underage Beneficiary Upon the death of a beneficiary under this Section, our Trustee shall distribute all of such beneficiary's remaining trust share, including the trust principal and accrued and undistributed income, to any person or entity and upon any trust, terms and conditions, or to or in favor of the estate of such deceased beneficiary as he or she may direct by his or her last will or living trust agreement. No exercise of this general power of appointment shall be effective unless it refers to this trust agreement and expressly indicates an intention to exercise this general power of appointment. 11-7 (~ Article Twelve Distribution if No Designated Beneficiaries NONE 12-1 Article Thirteen Trustee Administration Section 1. Required Vote for Co-Trustees a• Trustors Serving as Co-Trustees Unless otherwise provided in this trust agreement, if either one of us is serving as a Trustee under this trust agreement, that Trustee may make decisions and bind the trust in the exercise of all powers and discretions granted to us as Trustees without the consent of any other Trustee. b• Unanimous Vote for Two Trustees If only two Trustees are serving other than the two of us, they shall act unanimously in the exercise of all powers and discretions granted to them under this agreement. ~• Majority Vote for More Than Two Trustees ~ At any time that there are more than two Trustees serving under this agreement, they shall act by majority vote and any exercise of a power or discretion by a majority of the Trustees shall have the same effect as an exercise by all of them. d• Court Order Resolves Disputes If the Trustees, other than the two of us, aze not able to reach agreement on any decision as set forth in this Section, they shall petition a court of competent jurisdiction for instructions and shall take no action on the disputed matter until a court order deciding the issue has been rendered. Section 2. Power to Delegate Notwithstanding any other provision of this agreement, any one or more of the Co-Trustees serving under this agreement may from time to time delegate to another Co-Trustee or Co-Trustees routine acts of trust administration. 13-1 ~~- Section 3. No Bond Required No Trustee under this agreement shall be required to post any bond for the faithful performance of its responsibilities. Section 4. Trustee Compensation Our Trustee shall be entitled to reasonable compensation for services rendered payable without the need for a court order. In calculating the amount of compensation customary charges for similar services in the same geographic area for the same time period shall be used as guidelines. Our Trustee shall also be entitled to reimbursement for reasonable costs and expenses incurred during the exercise of its duties under this agreement. Any corporate fiduciary shall be entitled to receive compensation for its services in accordance with its published fee schedule in effect from time to time. Section 5. Change in Corporate Trustee Any corporate successor to the trust business of any corporate Trustee named under this ' ~ agreement or acting hereunder shall succeed to the capacity of its predecessor witho conveyance or transfer of trust property, ut re- Section 6. Power to Divide or Combine Trusts Our Trustee shall have the power to divide a single trust into separate shares, each to be administered in accordance with the terms and conditions of the single trust from which they were created when our Trustee in its discretion determines that division is desirable or advisable in view of tax considerations, including considerations related to the income tax, the gift tax, the estate tax or the generation-skipping transfer tax or other objectives of the trusts and their beneficiaries. Our Trustee shall not be required to make a physical segregation or division of the various trust shares created under this trust agreement except as segregation or division may be required by reason of the termination and distribution of any of the trusts, but my Trustee shall keep separate accounts and records for different undivided interests. ~_ 13-2 Our Trustee in its discretion shall have the further power to combine two or more trusts havin substantially the same terms into a single trust for g factors indicate that such combination would be desi able o ~ advia sabletration when tax or other In deciding whether to combine trusts our Trustee should consider the generation-skipping "inclusion ratio" of the trusts to be combined. Trusts having the same inclusion ratios may be combined. Trusts having different inclusion ratios should generally not be combined unless their inclusion ratios aze maintained unchanged through substantially separate and independent shares of different beneficiaries within the meaning of I.R.C. Section 2654(b), and the applicable regulations thereunder. Specifically, our Trustee has the authority to allocate any portion of our respective exemptions under Internal Revenue Code Section 2631(a) to property as to which we are the respective transferors, including any property transferred by us during our lifetime as to which we did not make an allocation prior to our death, and our Trustee has the authority to make the special election under Internal Revenue Code Section 2652(a)(3). If Internal Revenue Code Section 2631(a) or 2652(a)(3) is not interpreted as to allow a Trustee to exercise such election, then our respective personal representatives are authorized to allocate our respective exemptions and to exercise the said special election. If our Trustee considers that any distribution from a trust or share hereunder, other than pursuant to a power to withdraw or appoint, is a taxable distribution subject to the federal generation-skipping transfer tax payable by the distributee, our Trustee may increase the distribution by an amount which our Trustee would estimate to be sufficient shall charge the same against the trust or share to which the tax relates. to pay that tax, and If our Trustee considers that any termination of an interest in the trust property hereunder is a taxable termination subject to the federal generation-skipping transfer tax, our Trustee may pay that tax from the portion of the property to which the tax relates, without any adjustment of the relative interests of the beneficiaries. Section 7. Termination of Small Trust Our Trustee shall have the power in its discretion to terminate any trust created under this trust agreement after the death of both Trustors whenever it becomes so small in relation to the costs of administration as to make continuing administration uneconomical. Upon termination, our Trustee shall distribute the principal and any accrued or undistributed net income to the income beneficiazies in proportion to their shares of the income. If no fixed amount of income is payable to specific beneficiaries, our Trustee shall distribute the principal and any accrued or undistributed net income in equal shazes to those beneficiaries who would then be entitled to income payments from the trust. 13-3 r- Section 8. Limit on Trustee's Discretion Notwithstanding any language purporting to confer absolute, sole or unrestricted discretion on our Trustee in exercising any discretionary power with respect to this trust, our Trustee shall at all times act in accordance with fiduciary principles and shall not act in bad faith or in disregard of the purposes of our trust. Nothwithstanding any other provision in this trust agreement, no individual Trustee who is also a beneficiary hereunder shall have any right, power, duty or discretion concerning this trust if such right, power, duty or discretion conferred upon such Trustee under this trust agreement is determined to be a general power of appointment under Internal Revenue Code Section 2041 or 2514 which would cause any assets of this Trust to be included in the estate of such Trustee-beneficiary. Any such right, power, duty or discretion with such effect shall be null and void with respect to such Trustee-beneficiary. No Trustee who is under a legal obligation to any beneficiary of this trust or other person shall under any circumstances partake in any decisions relating to any discretionary distributions of income or principal of this trust which can be used for any such legal obligation to any such beneficiary or other person. Section 9. Written Notice to Trustee Until our Trustee receives written notice of any death or other event which triggers the right to payments from any trust created under this agreement, it shall incur no liability for distributions made in good faith to persons whose interests may have been affected by such event. Section 10. Duty to Account Our Trustee shall render accounts, upon request, to the income beneficiaries under this trust agreement at least annually, at the termination of a trust created hereunder, and upon a change in the Trustees in the manner required by law. Section 11. No Court Supervision No trust created under this agreement shall require the active supervision of any state or federal court. 13-4 Article Fourteen Trustee Investment Powers Section 1. Trustee's Powers To carry out the purposes of the trusts created under this agreement and subject to any limitations stated elsewhere in this instrument, our Trustee shall have all of the following powers in addition to all of the powers now or hereafter conferred on Trustees by law: a. Retention of Property Our Trustee shall have the power to retain any property received into the trust at its inception or later added to the trust without regard to whether the trust investments aze diversified as long as our Trustee considers that retention is in the best interests of the trust or in furtherance of our goals in creating the trust. Our Trustee shall have the power to invest and reinvest in any property that may be considered by applicable state law to be underproductive or unproductive in nature, and specifically to be exempt from any minimum income requirements called for under local law. b. Additions Our Trustee shall have the power to receive additions to the assets of the various trusts created under this agreement from any source. c. Business Participation Our Trustee shall have the power to terminate, to continue or to participate in the operation of any business enterprise including a corporation, a sole proprietorship or a general or limited partnership and to effect any form of incorporation, dissolution, liquidation, reorganization, including but not limited to recapitalization and reallocation of classes of shazes or other change in the form of the business enterprise or to lend money or make a capital contribution to any such business enterprise. d. Permissible Investments Our Trustee shall have the power to invest and reinvest the assets of the trust as our Trustee may determine to be in the best interests of the trust without limitation by any law applicable to investments by fiduciaries. The permitted investments 14-1 and reinvestments may include securities such as common or preferred stock, mortgages, notes, subordinated debentures and warrants of any corporation and any common trust fiznd administered by a corporate fiduciary or other property real or personal including savings accounts and deposits and interests in mutual or money market funds or investment trusts, annuities and insurance whether or not such investments are unsecured or of a wasting nature. Our Trustee shall have the power to obtain, by purchase or by gift (or by conversion, reissue, consolidation or by any other means), and hold as an asset of this trust, policies of insurance on the life of either of us or any other beneficiary of this trust. Our Trustee is authorized and empowered to exercise, either before or after our death, all of the rights, options, elections or privileges exercisable in connection with such policies. These rights and options should include, but not be limited to, disability benefits, the right to borrow money with which to pay premiums (or other charges) on any policy owned by this trust (including any automatic premium loan feature) or for any other trust purpose, the right to elect among settlement options offered by the insurance company which issued such policy, the right to convert such policy to paid-up insurance, extended term insurance or to any different form of insurance, and the right to arrange for the automatic application of dividends in reduction of premium payments (or other charges), with regard to any policy of insurance held in the trust estate. e- Dealing with Property Our Trustee shall have the power to acquire, grant or dispose of property including puts, calls and options (including options on stock owned by the estate), for cash or on credit, including maintaining margin accounts with brokers at public or private sale upon such terms and conditions as the fiduciary may deem advisable and to manage, develop, improve, exchange, partition, change the chazacter of, abandon property or any interest therein or otherwise deal with property. Specifically, our Trustee shall have the power to use and expend the trust income and principal to conduct environmental assessments, audits, and site monitoring to determine compliance with any environmental law or regulation thereunder; to take all appropriate remedial action to contain, clean up or remove any environmental hazard including a spill, release, discharge or contamination, either on our Trustee's own accord or in response to an actual or threatened violation of any environmental law or regulation thereunder; to institute legal proceedings concerning environmental hazards or contest or settle any such legal proceedings brought by any local, state or federal agency concerned with environmental compliance, or by a private litigant; to comply with any local, state or federal agency order or court order directing an assessment, abatement or cleanup of any environmental hazards; to employ agents, consultants and legal counsel to assist or perform the above undertakings or actions; and in general to take all 14-2 ~ appropriate actions to prevent, identify, or respond to any actual or threatened violations of any environmental law or regulation thereunder. No Trustee under this trust agreement shall be liable for any loss or depreciation in value sustained by this trust as a result of the Trustee retaining any property upon which there is later discovered to be hazardous materials or substances requiring remedial action pursuant to any federal, state or local environmental law, unless the Trustee contributed to the loss or depreciation in value through willful default, willful misconduct, or gross negligence. Moreover, no Trustee shall be obligated to accept any property on behalf of this trust without first having the opportunity to satisfy itself, in its sole discretion, that such property is not contaminated by any hazardous or toxic materials or substances, and that such property is not being used and has never been used for any activities directly or indirectly involving the generation, use, treatment, storage, disposal, release, or dischazge of any hazazdous or toxic materials or substances. Finally, such Trustee shall have the power to disclaim any power which, in its sole discretion, will or may cause such Trustee to be considered an "owner" or "operator" of property held in our trust estate under the provisions of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), as amended from time to time. This power to disclaim as contained herein shall apply to any such power, whether actually set forth under this trust agreement, incorporated by reference herein, or granted or implied by any statute or rule of law. f. Borrowing Authority Our Trustee shall have the power to borrow funds from any person including our Trustee, guazantee indebtedness or indemnify others in the name of the trust and to secure any such obligation by mortgage, pledge, security interest or other encumbrance and to renew, extend or modify any such obligation for a term within or extending beyond the administration of the term of the trust. No lender shall be bound to see to or be liable for the application of the proceeds of any obligation and our Trustee shall not be personally liable for any obligation. g. Leasing Authority Our Trustee shall have the power to make, renew or amend for any purpose a lease as lessor or lessee for a term within or beyond the term of the trust with or without option to purchase. h. Natural Resources Our Trustee shall have the power to enter into any arrangement or agreement, including a lease, pooling or unitization agreement for exploration, development, operation, conservation and removal of minerals or other natural resources. ~- 14-3 i• Voting Rights Our Trustee shall have the power to vote a security in person or by general or limited proxy, to participate in or consent to any voting trust, reorganization, dissolution, liquidation or other action affecting any securities and to deposit securities with and transfer title to a protective or other committee. j. Title to Assets Our Trustee shall have the power to hold securities and other property in negotiable form or in the name of a nominee (including "street name" of a broker) or by deposit to a clearing corporation with or without disclosure of the Trustee relationship, but our Trustee shall be responsible for the acts of any nominee or clearing corporation in connection with the property. k. Insurance Our Trustee shall have the power to insure the assets of the trust against any risk and our Trustee against liability with respect to third persons. 1. Settlement of Disputes Our Trustee shall have the power to pay or contest any debt or claim and to compromise, release and adjust any debt or claim and to submit any matter to arbitration. m. Payment of Expenses Our Trustee shall have the power to pay any taxes, assessments, reasonable compensation of our Trustee and other expenses incurred in the collection, management, care, protection and conservation of the trust property. n. Principal and Income Our Trustee shall have the power to allocate items of income or expenditure to either income or principal and to create reserves out of the income, all as provided by law and to the extent not so provided to allocate or create reserves as our Trustee in its discretion deems appropriate and our Trustee's decision made in good faith with respect thereto shall be binding and conclusive on all persons. Notwithstanding the preceding sentence, if the Survivor's Trust (or a share hereunder) is the beneficiary or owner of a Retirement Account, income earned after the participant's death in the account shall be income of the Trust or share, and if our Trustee is required to pay all of the trust income to a beneficiary, our 14-4 ~- Trustee shall collect and pay the income of the account to the beneficiary at least t quarterly (and to the extent that all of the income cannot be collected from the account, the deficiency shall be paid from the principal of the trust). o. Division of Trust Our Trustee shall have the power to make any distribution or payment in kind or in cash or partly in kind and partly in cash and to cause any share to be composed of cash, property or undivided interests in property different in kind from any other share, either pro rata or non pro rata, without regard to differences in the tax basis of such property and without the requirement of making any adjustment of the shazes by reason of any action taken pursuant hereto. Any division, allocation, apportionment or valuation of the property to distribute the assets to or among any of the trusts or beneficiaries shall be made by our Trustee and the good faith determination of our Trustee shall be binding and conclusive on all parties. p. Merger of Trust If at any time the Trustees are Trustees of two or more Trusts or Shares with substantially the same terms and benefiting the same beneficiaries, created hereunder, or under any other instrument by the Trustors or by any other person, the Trustees may commingle the assets of such Trusts or Shares and hold them as a single Trust or Shaze. q. Litigation Our Trustee shall have the power to prosecute or defend actions, suits, claims or proceedings for the protection or benefit of the trust and our Trustee in the performance of our Trustee's duties. r. Employment of Agents Our Trustee shall have the power to employ agents, including attorneys, accountants, investment advisors, custodians, appraisers or others, to advise or assist our Trustee and to delegate to them fiduciary powers and to indemnify them against liability for positions taken in good faith and with reasonable basis. s. Corporate Fiduciary If any stock of a corporate Trustee or of any affiliate or successor of a corporate Trustee shall be included in the assets of the trust, the Trustee shall have full authority in the Trustee's sole discretion and notwithstanding any regulation or ~- 14-5 rule of law to the contrary to retain the stock and any increases resulting from stock dividends and stock splits and from the exercise of purchase rights and the purchase of fractional shazes needed to round out fractional shaze holdings that may arise concerning the stock. The Trustee shall vote the stock either directly or by proxy, except to the extent the Trustee is prohibited by law from voting the stock, in accordance with the written instructions of a majority of the living beneficiaries then entitled to current distributions of income or their personal representatives. In the event there are no eligible beneficiaries to give instructions, the Trustee is authorized to vote the stock in the best interests of the beneficiaries, in view of the purposes for which the trust was created. t. Investment Transactions With regard to record keeping for investment transactions, our Trustee need not provide copies of confirmations or similar notifications each time a trade or investment transaction occurs, but investment transactions shall be set forth in our Trustee's periodic accounting. u. Repairs and Improvements Our Trustee shall have the power to make ordinary or extraordinary repairs or alterations in buildings or other structures, to demolish any improvements, to raze existing or erect new party walls or buildings. v. Business Personnel Our Trustee shall have the power to elect or employ directors, officers, employees, partners or agents of any business and to compensate such persons, whether or not any such person is a Trustee, director, officer, partner or agent of a Trustee or a beneficiary of the trust. w. Farm or Ranch Property With respect to farm or ranch property, our Trustee shall have the power to participate in and operate any farming (including tree farming) or ranch operation personally or with hired labor, tenants or sharecroppers to lease any farm for cash or a share of crops under a lease which permits or precludes the material participation of our Trustee to fertilize and improve the soil, to employ conservation practices and to participate in government programs and to perform any other acts deemed necessary or desirable to operate the property. In making a decision whether to materially participate in farming or ranch operations, our Trustee shall consider whether an election should be made or has been made under IRC § 2032A to qualify for special farm-use valuation. 14-6 ~- x• Ancillary Trustees If, for any reason, our Trustee deems it advantageous to act through an ancillary Trustee, our Trustee may designate an ancillary personal representative or Trustee qualified to serve in the jurisdiction where such ancillary Trustee is to act and may delegate to such ancillary Trustee such of the powers granted under this agreement as our Trustee deems advisable without being chargeable with loss if any arising out of such designation or delegation. Our Trustee may specify whether any corporate Trustee or any person or persons acting in an ancillary capacity hereunder shall serve with or without bond. Except as may be otherwise specifically provided, no ancillary Trustee need comply with the provisions of any Uniform Trustee's Accounting Act, the Uniform Trust Act or similar acts in force in any state where the fiduciary may be acting. y. Retention of Closely Held Interest Our Trustee shall have the power to retain any real estate interests, closely held securities or affiliated companies or business interests, and to sell or dispose of such interests only after careful consideration and after determining that sale or disposition is in the existing circumstances in the best interests of the trust or its beneficiaries. If at any time, this trust holds any stock in an S corporation, and our Trustee deems it appropriate for such corporation to maintain its Subchapter S election, our Trustee may take all of the necessary actions to segregate the S corporation stock and assets of this trust, and in our Trustee's sole but reasonable discretion, and otherwise consistent with the terms of this trust to the greatest extent possible, may form new trusts and may amend the terms of this trust agreement as would be necessary to establish Qualified Subchapter S Trusts to hold the said S corporation stock and assets in compliance with Internal Revenue Code Sections 1361(b) and 1361(d)(3). z. Exercise of Authority Except as otherwise provided in this agreement, our Trustee shall have the power to do all acts that might legally be done by an individual in absolute ownership and control of property. 14-7 Article Fifteen General Provisions r Section 1. Spendthrift Protection Neither the principal nor the income of any trust created or contained under this agreement shall be liable for the debts of a beneficiary nor shall the same be subject to seizure by any creditor of any beneficiary under any lien or proceeding at law or equity. Except to the extent otherwise expressly provided in this agreement, no beneficiary shall have the authority or power to sell, assign, transfer, encumber or in any manner to dispose of a beneficial interest whether income or principal. The limitations herein shall not restrict the exercise of any power of appointment or the right to disclaim by any beneficiary. Section 2. The Rule Against Perpetuities Unless sooner terminated or vested in accordance with other provisions of this agreement, all interests not otherwise vested including but not limited to all trusts and powers of appointment created hereurieler shall terminate twenty-one (21) years after the death of the last survivor of the group composed of,us and our lineal descendants living on the date of the death of the first of us to die. At that time, distribution of all principal and all accrued, accumulated and undistributed income shall be made to the persons then entitled to distributions of income and in the manner and proportions herein stated irrespective of their then attained ages. Section 3. Incompetency and Disability For all purposes under this agreement, a person shall be deemed disabled, incompetent or legally incapacitated if and so long as a guardian or conservator of his or her person or estate duly appointed by a court of competent jurisdiction continues to serve, or upon certification by two licensed physicians that such person is unable properly to care for his or her person or property. Section 4. Income and Principal Payments All payments of income or principal shall be made in such of the following ways as our Trustee determines appropriate: 15-1 a• To each respective beneficiary in person upon his or her personal receipt; b• Deposited in any bank to the credit of such beneficiary in any account carried in his or her name or jointly with another or others; c. To the parent or legal representative of the beneficiary; d. To a Custodian under a Uniform Transfers to Minors Act selected by our Trustee for such period of time under applicable law as our Trustee determines appropriate; e. To some near relative, friend or institution having primary responsibility for the care and custody of the beneficiary; f. By our Trustee using such payment directly for the benefit of such beneficiary; or g. To our Trustee of any revocable trust of which the beneficiary is the Trustor. Section 5. Education For all purposes under this agreement, the term "education" shall be given broad interpretation and may include but not be limited to: a. High School Education at public or private elementary or high schools, including boarding schools. b. College Undergraduate and graduate study in any and all fields whatsoever, whether of a professional character in colleges or other institutions of higher learning. c. Specialized Training Specialized formal or informal training in music, the stage, the handicrafts, the arts, or vocational or trade schools whether by private instruction or otherwise. 15-2 d. Other Educational Activities Any other activity including foreign or domestic travel which shall tend to develop fully the talents and potentialities of each beneficiary regardless of age. Section 6. No-Contest Clause If any person or entity, other than us, singularly, or in conjunction with any other person or entity, directly or indirectly, contests in any court the validity of this trust agreement, including any amendments thereto, then the right of that person or entity to take any interest in the trust property shall cease, and that person (and his or her descendants) or entity shall be deemed to have predeceased both of us. Section 7. Disclaimer by Beneficiary No beneficiary shall be entitled to accelerate any distribution to the beneficiary or to terminate his or her trust interest and thereafter receive outright distribution by use of a disclaimer. Section 8. Simultaneous Death For purposes of this agreement, if we die under circumstances in which the order of our deaths cannot be established the Trustor with the smaller taxable estate shall be deemed to have survived the Trustor with the lazger taxable estate. If both of our taxable estates are equal, the husband Trustor shall be deemed to be the survivor. If any beneficiary under this agreement and either or both Trustors die under circumstances in which the order of deaths cannot be established, the Trustors or Trustor shall be deemed to have survived the beneficiary and this agreement shall be construed accordingly. Section 9. Children and Issue For purposes of this agreement, "children" means the lawful blood descendants in the first degree of the parent designated and "issue" and "descendants" mean the lawful blood descendants in any degree of the ancestor designated provided, however, that if a person has been adopted, that person shall be considered a child of such adopting parent and such adopted child and his or her issue shall be considered as issue of the adopting parent or parents and of anyone who is by blood or adoption an ancestor of the adopting parent or either of the adopting parents. The terms "child," "children," "issue," "descendant" and "descendants" or those terms preceded by the terms "living" or "then living" shall include the lawful blood descendant in the first degree of the parent 15-3 ~ designated even though such descendant is born after the death of such parent. Section 10. Definition of Death Tazes The term "death taxes," as used in this agreement, shall mean all inheritance, estate, succession and other similaz taxes that are payable by any person on account of that person's interest in the estate of the decedent or by reason of the decedent's death, including penalties and interest but excluding the following: a. Any addition to the federal estate tax for any "excess retirement accumulation" under Internal Revenue Code Section 4980A. b. Any additional tax that may be assessed under Internal Revenue Code Section 2032A. c. Any federal or state tax imposed on ageneration-skipping transfer, as that term is defined in the federal tax laws, unless that generation- skipping transfer tax is payable directly out of the assets of a trust created by this instrument. Section 11. Words Relating to the Internal Revenue Code As used in this agreement, the words "gross estate," "adjusted gross estate," "taxable estate," "unified credit," "state death tax credit," "maximum marital deduction," "marital deduction," "pass" and any other word or words which from the context in which it or they are used refer to the Internal Revenue Code shall have the same meaning as such words have for the purposes of applying the Internal Revenue Code to our estate. For purposes of this agreement, our available generation-skipping transfer exemption" means the generation-skipping transfer tax exemption provided in section 2631 of the Internal Revenue Code of 1986, as amended, in effect at the time of each of our deaths reduced by the aggregate of (1) the amount, if any, of our exemption allocated to our lifetime transfers by us or by operation of law and (2) the amount, if any, we have specifically allocated to other property of our gross estate for federal estate tax purposes. For purposes of this trust agreement, if at the time of each of our deaths either of us has made gifts with an inclusion ratio of greater than zero for which the gift tax return due date has not expired including extensions and a return has not yet been filed, it shall be deemed that the generation-skipping transfer exemption has been allocated to these transfers "to the extent necessary and possible to exempt the transfers from generation-skipping transfer tax. Reference to Sections of the Internal Revenue Code and to the internal Revenue Code shall refer to the Internal Revenue Code amended to the date of each of our deaths. 15-4 Section 12. Personal Representative For purposes of this agreement, the term "personal representative" shall mean Trustee, executor, executrix, administrator, administratrix, conservator, guazdian, custodian or any other type of personal representation. Section 13. Gender and Number In this agreement where appropriate except where the context otherwise requires, the singular includes the plural and words of any gender shall not be limited to that gender. Section 14. Definition of Per Stirpes As used in this agreement, when a distribution to beneficiaries is "per stirpes," it shall mean that the distributions are to be divided into as many equal shares as there aze then living children of such beneficiaries and deceased children of such beneficiaries who left then-living descendants. Each then-living child of the beneficiary shall receive one shaze and the share that is allocated to each deceased child of the beneficiary shall be divided equally among such deceased child's then-living descendants. Section 15. Captions The captions of Articles, Sections and Paragraphs used in this agreement aze for convenience of reference only and shall have no significance in the construction or interpretation of this agreement. Section 16. Severability Should any of the provisions of this agreement be for any reason declared invalid, such invalidity shall not affect any of the other provisions of this instrument, and all invalid provisions shall be wholly disregazded in interpreting this agreement.. Section 17. Statutory References Unless the context cleazly requires another construction, each statutory reference in this agreement shall be construed to refer to the statutory section mentioned, related successor sections and corresponding provisions of any subsequent law including all amendments. 15-5 Section 18. Governing State Law This agreement and the trusts created under it shall be construed, regulated and governed by and in accordance with the laws of the State of Pennsylvania. We have executed this agreement on the date set forth on the first page of this agreement. We certify that we have read our foregoing revocable living trust agreement and that it correctly states the terms and conditions under which our trust property is to be held, managed and disposed of by our Trustee. We approve this revocable living trust in all particulars and request our Trustee to execute it. ~~~ DONALD E. ENDERS, Trustor ~~~'e ~ ~ ~~ ~~~•~~ MATILDA S. ENDERS A/K/A MATILDA L. ENDERS, Trustor Ct_t~.~~CJ~ C~~ ~.,6 0 S1.o 11~~ 02 • ~ ~~J DONALD E. ENDERS, Trustee MATILDA L. ENDERS A/K/A MATILDA N. ENDERS, Trustee ~`-~-o 15-6 STATE OF PENNSYLVANIA 1 SS COUNTY OF DAUPHIN ) 3'.~ a of o ~~ 199 ,before me, G'Ll--l~t,~-L- ~ ~ `~ `e"~`- On this the 1 y the undersigned officer, personally appeared DONALD E. ENDERS and iVIATILDA S. ENDERS A/K/A iV1ATILDA L. ENDERS, Trustors, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument and acknowledged that they executed the same for the purposes therein contained. In witness whereof I hereunto s hand and official seal. Notary Public NOTARIAL SEAL _~CONN{E L. REESL i`,;otes~ ?:~blic ey, DaopFin i;~~;:nry Title of Offic~r~,y Commissions Expires ay~a::~ 1~, i92~ STATE OF PENNSYLVANIA SS COUNTY OF DAUPHIN ) ~, __ ' On this the(D -day of U/' 19 ~ ,before me, /~(,t~t-~ ~ C'~~~ r the undersigned officer, personally appeared DONALD E: ENDERS, and MATII..DA L. ENDERS A/K/A MATILDA N. ENDERS, Trustees, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument and acknowledged that they executed the same for the purposes therein contained. In with whereof I hereunto set my hand and official seal. Notary Public ~~ ,r:.~~ns c~ni Title of Off er CC~'Nis~ ! . REF.~E, ~Joia~,~ Pablic ~ f~~y ~ ~ss~~~ni~;i~ss Expir=;. '~~lia,~ 1 J.19?9~ 15-7 The First Amendment to the Donald E. Enders and Matilda S. Enders a/k/a Matilda L. Enders Living Trust On November 3, 1995, we, Donald E. Enders and Matilda S. Enders a/k/a Matilda L. Enders, signed the Donald E. Enders and Matilda S. Enders a/k/a Matilda L. Enders Living Trust, more formally known as: Donald E. Enders and Matilda S. Enders a/k/a Matilda L. Enders, Trustees, or their successor in trust, under the Donald E. Enders and Matilda S. Enders a/k/a Matilda L. Enders Living Trust, dated November 3, 1995, and any amendments thereto. Pursuant to Article Four of our Living Trust, which permits us to amend our trust in writing at any time, we now wish to amend our trust as follows: 1. Article Eleven, Sections 1 and 2 of our Living Trust is hereby revoked in its entirety; and amended as follows: Section l.. Division of Trust Property Into Shares My Trustee shall divide all trust property not previously distributed into separate shares as follows: Beneficiary Name Share DON DAVID ENDERS ~ 33 l /3% KATHLEEN ANN JUMPER 33 1/3% JAMES SHEIBLEY ENDERS 33 1/3% Section 2. Distribution of Trust Shares for Our Beneficiaries The trust share of each beneficiary named in Section 1. of this Article who survives us shall be held, administered and distributed as follows: In dividing the principal into shares as indicated above, my Trustee shall charge as advancements against the respective shares any distributions or gifts which my children received during their lifetimes from me. My Trustee shall consult any lists which 1 have maintained of said gifts to determine the nature and amount of these advancements. My Trustee shall consider any such gifts, or advancements and shall equalize the separate shares to be distributed to my children. a. Distribution of Trust Share for DoN uAVID ENDERS The trust share set aside for DON, DAVID ENDERS shall be held, administered and distributed as follows: 1. Distributions of Net Income Our Trustee shall immediately pay to, or apply for the benefit of such beneficiary all accumulated net income, free of the trust. ~; 2. Distributions of Principal ,~ Our Trustee shall immediately pay to, or apply for the benefit of, DON DAVID ENDERS all principal, free of the trust. 3. Distribution on Death of Beneficiary If such beneficiary should die before the complete distribution of the trust share, such trust shall terminate and our Trustee shall distribute the balance of the trust property to such beneficiary's then living descendants per stirpes. If such beneficiary has no then living descendants, our Trustee shall distribute the balance of the trust property to our then living descendants per stirpes. , If we have no then living descendants, our Trustee shall distribute the balance of the trust property as provided for in the Articles that follow. b. Distribution of Trust Share for KATHLEEN ANN JUMPER The trust share set aside for KATHLEEN ANN JUMPER shall be held, administered and distributed as follows: 1. Distributions of Net Income Our Trustee shall immediately pay to, or apply for the benefit of such beneficiary all accumulated net income, free of the trust. 2. Distributions of Principal Our Trustee shall immediately pay to, or apply for the benefit of, KATHLEEN ANN JUMPER all principal, free of the trust. 3. Distribution on Death of Beneficiary If such beneficiary should die before the complete distribution of the trust share, such trust shall terminate and our Trustee shall . distribute the balance of the trust property to such beneficiary's ~~,_„ then living descendants per stirpes. If such beneficiary has no then living descendants, our Trustee shall distribute the balance of the trust property to our then living descendants per stirpes. If we have no then living descendants, our Trustee shall distribute the balance of the trust property as provided for in the Articles that follow. c. Distribution of Trust Share for JAMES SHEIB~.EY ENI'iERS The trust share set aside for JAMES SHEIBLEY ENDERS shall be held, administered and distributed as follows: 1. Distributions of Net Income Our Trustee shall apply to, or for the benefit of, such beneficiary, at least monthly, all of the net income from such trust share. `~~ 2. Distributions of Principal Our Trustee, in its sole and absolute discretion, shall apply to, or for the benefit of, JAMES SHEIBLEY ENDERS so much of the principal from their trust share as our Trustee deems advisable for the education, health, maintenance and support. At the time of death of the second of us to die, our Trustee shall distribute 1/4 of the accumulated net income and principal to JAMES SHEIBLEY ENDERS, free of the trust. Two years after the date of death of the second of us to die, our Trustee shall distribute 1/4 of the accumulated net income and principal to JAMES SHEIBLEY ENDERS, free of the trust. Four years after the date of death of the second of us to die, our Trustee shall distribute 1 /4 of the accumulated net income and principal to JAMES SHEIBLEY ENDERS, free of the trust. Six yeazs after the date of death of the second of us to die, our Trustee shall distribute the remaining balance of the trust property to JAMES SHEIBLEY ENDERS, free of the trust. ~. Our Trustee, in its sole discretion, can distribute principal for emergency health needs or can distribute the balance of principal prior to the above schedule if they deem such a distribution to be appropriate. 3. Distribution on Death of Beneficiary If such beneficiary should die before the complete distribution of the trust share, such trust shall terminate and our Trustee shall distribute the balance of the trust property to such beneficiary's then living descendants per stirpes. If such beneficiary has no then living descendants, our Trustee shall distribute the balance of the trust property to our then living descendants per stirpes. , If we have no then living descendants, our Trustee shall distribute the balance of the trust property as provided for in the Articles that follow. 2• All other articles are hereby ratified and confirmed. We executed this amendment on /= =, 1996. We certify that we have read the foregoing First Amendment to our Living Trust, and th it correctly states the changes we desire to make in our Living Trust. We approve this First Amendment to our Living Trust in all particulars, and request our Trustee to acknowledge the First Amendment by executing the same. `~ Donald E. Enders, Trustor ~~~~ ~ Donald E. Enders, !~ ~ n Trustee ~~ Matilda S. Enders a/k/a Matild ~~`~~ a L. Enders, Trustor ~( `~ ~ ~, ~ atilda S. E ~' nders a/k/a Matilda L. En ers, ~Z Trustee ACKNOWLEDGEMENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN ss On this, the =day of ~~ 1996, before me, a Notary Public, the undersigned officer, personally appeared, Donald E. Enders and Matilda S. Enders a/k/a Matilda L. Enders, known to me .(or satisfactorily proven) to be the persons whose names are subscribed to the within instrument,.-:.and acknowledged that they executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. (SEAL) `' n~. t ~r... ,~e .., _ _Notary Public L __ _. ___ _.. ~._r _. . - ~: The Second Amendment to the Donald E. Enders and Matilda S. Enders a/k/a Matilda L. Enders Living Trost On November 3, 1995, we, Donald E. Enders and Matilda S. Enders a/k/a Matilda L. Enders, signed the Donald E. Enders and Matilda S. Enders a/k/a Matilda L. Enders Living Trust, more formally known as: Donald E. Enders and Matilda S. Enders a/k/a Matilda L. Enders, Trustees, or their successor in trust, under the Donald E. Enders and Matilda S. Enders a/k/a Matilda L. Enders Living Trust, dated November 3, 1995, and any amendments thereto. Pursuant to Article Four of our Living Trust, which permits us to amend our trust in writing at any time, we now wish to amend our trust as follows: ~~~,... 1 • Article Eleven, Sections 1 and 2 of our Living Trust is ]lereby revoked in its entirety; and amended as follows: Section 1. Division of Trust Property Into Shares My Trustee shall divide all trust property not previously distributed into separate shares as follows: Benefici Name Share DON DAVID ENDERS KATHLEEN ANN JUMPER 33 1/3% JAMES SHEIBLEY ENDERS 33 1/3% 33 1/3% Section 2. Distribution of Trust Shares for Our Beneficiaries The trust share of each beneficiary named in Section 1. of this Article who survives us shall be held, administered and distributed as follows: In dividing the principal into shares as indicated above, my Trustee shall char e ,. as advancements against the respective shares an distr' g children received during their lifetimes from me. ~buhons or gifts which my lists which I have maintained of said gifts to determline the natureland amount of these advancements. My Trustee shall consider any such gifts, or advancements and shall equalize the separate shares to be distributed to my children. a• Distribution of Trust Share for DON DAVID ENDERS The trust share set aside for DON DAVID ENDERS shall be held, administered and distributed as follows: 1• Distributions of Net Income Our Trustee shall immediately pay to, or apply for the benefit of such beneficiary all accumulated net income, free of the trust. 2• Distributions of Principal Our Trustee shall immediately pay to, or apply for the benefit of, DON DAVID ENDERS all principal, free of the trust. `'~,., 3• Distribution on Death of Beneficiary If such beneficiary should die before the complete distribution of the trust share, such trust shall tenninate and our Trustee shall distribute the balance of the trust property to such beneficiary's then living descendants per stirpes. If such beneficiary has no then living descendants, our Trustee shall distribute the balance of the trust property to our then living descendants per stirpes. If we have no then living descendants, our Trustee shall distribute the balance of the trust property as provided for in the Articles that follow. b• Distribution of Trust Share for KATHLEEN ANN JUMPER The trust share set aside for KATHLEEN ANN JUMPER shall be held, administered and distributed as follows: `~7~Y~"' 1• Distributions of Net Income Our Trustee shall immediately pay to, or apply for the benefit of such beneficiary all accumulated net income, free of the trust. 2• Distributions of Principal Our Trustee shall immediately pay to, or a 1 KATHLEEN ANN JUMPER all principal, free of heotrulst benefit of, 3• Distribution on Death of Beneficiary If such beneficiary should die before the complete distribution of the trust share, such trust shall terminate and our Trustee shall distribute the balance of the trust property to such beneficiary's then living descendants per stirpes. If such beneficiary has no then living descendants, our Trustee shall distribute the balance of the trust property to our then living i descendants per stirpes. `~.,., If we have no then living descendants, our Trustee shall distribute the balance of the trust property as provided for in the Articles that follow. c• Distribution of Trust Share for ,JAMES SHEIBLEY ENDERS The trust share set aside for JAMES SHEIBLEY ENDERS shall be held, administered and distributed as follows: 1• Distributions of Net Income Our Trustee shall apply to, or for the benefit of, such beneficiary, at least monthly, all of the net income from such trust share. 2• Distributions of Principal Our Trustee shall immediately pay to, or apply for the benefit of, JAMES SHEIBLEY ENDERS all principal, free of the trust. 3• Distribution on Death of Beneficiary If such beneficiary should die before the complete distribution of the trust share, such trust shall terminate and our Trustee shall distribute the balance of the trust property to such beneficiary's then living descendants per stirpes. If such beneficiary has no then living descendants, our Trustee shall distribute the balance of the trust property to our then living descendants per stirpes. If we have no then living descendants, our Trustee shall distribute the balance of the trust property as provided for in the Articles that follow. 2• All other articles are hereby ratified and confirmed. We executed this amendment on ~ ~~ 1996. We certify that we have read the foregoing First Amendment to our Living Trust, and tlla it correctly states the changes we desire to make in our Living Trust. We a rove th' t ~-- PP is First Amendment to our Living Trust in all particulars, and request our Trustee t First Amendment by executing the same. o acknowledge the ~. Donald E. Enders, Trustor ~. Donald E. Enders, Trustee ~ ; ~ Matilda S. Enders a/k/a Matilda L. Trustor Enders, ~ 9 J -- Matilda =~~ S. Enders a/k/a Matilda L. Enders, ~~~"~ Trustee ACKNOWLEDGEMENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN ss On this, the -1-~L~ day of 1996, before me, a Notary Public, the undersigned officer, personally appeared, Donald E. Enders and Matilda S. Enders a/k/ L. Enders, known to me (or satisfactoril a Matilda y proven) to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed the same for the ur ose contained. p p therein IN WITNESS WHEREOF, I hereunto set my hand official seal. (SEAL) { Notary P lic ~~ .~ ._,__•. u.... ~,~~ ,; D..~ l ~ . , THIRD AMENDMENT TO THE DONALD E. ENDERS AND MATILDA S. ENDERS A/K/A MATILDA L. ENDERS SURVIVOR'S TRUST On November 3, 1995, DONALD E. ENDERS and MATILDA S. ENDERS a/k/a MATIL.DA L. ENDERS, signed the DONALD E. ENDERS AND MATILDA S. ENDERS a/k/a MATILDA L. ENDERS LIVING TRUST, as Trustors, more formally known as DONALD E. ENDERS and MATILDA S. ENDERS a/k/a MATII,DA L. ENDERS, Trustees, or their successors in trust, under the DONALD E. ENDERS AND MATILDA S. ENDERS A/K/A MATILDA L. ENDERS LIVING TRUST dated November 3, 1995, and any amendments thereto On May 6, 1996, the Trustors signed a First Amendment to the DONALD E. ENDERS AND MATILDA S. ENDERS A/K/A MATILDA L. ENDERS LIVING TRUST. On May 16, 1996, the Trustors signed a Second Amendment to the DONALD E. ENDERS AND MATILDA S. ENDERS A/K/A MATILDA L. ENDERS LIVING TRUST. On November 22, 1996, DONALD E. ENDER died and MATILDA S. ENDERS A/K/A MATILDA L. ENDERS became the successor trustee to the Survivor's Trust. Pursuant to the right reserved under Article Four Section 3.b. of the original trust agreement referred to above which allows the Survivor Trustor to amend the Survivor's Trust in writing at any time, I hereby amend the Survivor's Trust as reflected in the original trust agreement, the First Amendment to the trust Agreement, and the Second Amendment to the trust Agreement in the following respects: 1. Article Eleven, Section 2c. of the Second Amendment to the original Living Trust Agreement is hereby revoked and amended as follows: Section 2c. Distribution of Trust Share for JAMES SHEIBLEY ENDERS The Trust share set aside for JAMES SHEIBLEY ENDERS shall be held, administered, and distributed as follows: 1. Distribution of Net Income Our Trustee shall apply to, for the benefit of, such beneficiary, at least monthly, all of the net income from such trust share. 2. Distributions of Principal Our Trustee, in its sole and absolute discretion, shall apply to, or for the benefit of, JAMES SHEIBLEY ENDERS so much of the principal from their trust share as our Trustee deems advisable for the education, health, maintenance, and support. At the time of death of the second of us to die, our Trustee shall distribute %4 of the accumulated net income and principal to JAMES SHEIBLEY ENDERS, free of trust. Two years after the date of death of the second of us to die, our Trustee shall distribute %a of the accumulated net income and principal to JAMES SHEIBLEY ENDERS, free of trust. Four years after the date of death of the second of us to die, our Trustee shall distribute %4 of the accumulated net income and principal to JAMES SHEIBLEY ENDERS, free of trust. Six years after the date of death of the second of us to die, our Trustee shall distribute the remaining balance of the trust property to JAMES SHEIBLEY ENDERS, free of trust. 2 Our Trustee, in its sole discretion, can distribute principal for emergency health needs or can distribute the balance of principal prior to the above schedule if they deem such a distribution to be appropriate. 2• Article Eleven, Section 4 of the original Living Trust is hereby revoked and amended as follows: Section 4. Distribution to Underage or Disabled Beneficiaries Not withstanding any other provision on this trust agreement, if any person otherwise entitled to receive a distribution of trust property is under 35 years of age or is mentally disabled or legally incompetent as defined in Article Fifteen, our Trustee shall retain and administer that person's trust property for his or her benefit as follows: a• Our Trustee's Discretion Our Trustee may pay to or apply for the benefit of such beneficiary so much of the net income and principal of the trust as our Trustee in its discretion deems proper considering all other sources of income and resources available to such beneficiary and known to our Trustee. b• Payments Made to Beneficiary or Personal Representative Our Trustee is authorized to make payments under this Section either directly to the beneficiary, to the beneficiary's personal representative or to any other person our Trustee may deem proper, to be used for the benefit of the beneficiary. c• Trustee's Decisions are Final All decisions by our Trustee as to those it makes payment to, the purposes for which these payments are made, and the amounts to be paid out of the trust are within our Trustee's sole but reasonable discretion. d• Undistributed Net Income All undistributed net income shall be accumulated and added to the principal of the trust. e• 'Termination and Distribution Our Trustee shall distribute the trust property to a beneficiary under this Section as follows: 1/3 when such beneficiary reaches age 25, 1/3 when such beneficiary reaches 30 and the remaining balance when such beneficiary reaches age 35, or when he or she is no longer disabled as determined by a court of competent jurisdiction, or upon certification by two licensed physicians that such beneficiary is able to properly care for his or her property and person. f. Death. of Disabled or Underage Beneficiary Upon the death of a beneficiary under this Section, our Trustee shall distribute all of such beneficiary's remaining trust share, including the trust principal and accrued and undistributed income, to any person or entity and upon any trust, terms and conditions, or to or in favor of the estate of such deceased beneficiary as he or she may direct by his or her last will or living trust agreement. No exercise of this general power of appointment shall be effective unless it refers to this trust agreement and expressly indicates an intention to exercise this general power of appointment. 4 I confirm and readopt the remaining provisions of the Survivor's Trust as reflected in the original trust agreement, the First Amendment to my trust agreement, and the Second amendment to the trust Agreement, reserving to myself the right to further amend the Survivor's Trust. Dated: ~ ,~~9-1 . ~~ MATILDA S. ENDERS a/k/a ~o MATILDA L. ENDERS, Trustor and Trustee 5 COMMONWEALTH OF PENNSyL,VANIA) COUNTY OF DAUPHIN ) We, ~2~1~ ~, ~~'P E~ and ,~; the witnesses whose names are signed to the attached or foregoing in tnunent duly qualified according to law do depose and say that we were present and sawethe successor trustee sign and execute the instrument as the Third Amendment to the Survivor's Trust as reflected in the original trust agreement; that the successor trustee signed willingly and executed it as her free and voluntary act for the purposes therein expressed; that each subscribing witness in the hearing and sight of the successor trustee signed the instrument as a witness; and that to the best of our knowledge the successor trustee was at that time eighteen or more years of age, of sound mind and under no constraint or undue influence. I, MATILDA S. ENDERS a/k/a MATILDA L. ENDERS, trustor and successor trustee, whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as the Third Amendment to the Survivor's Trust as reflected in the original trust agreement; that I signed it willingly; and that I signed it as my free and voluntary act for the purposes therein expressed. J MATILDA S. ENDERS a/k/a MATILDA L. ENDERS Subscribed and sworn to and acknowledged before me by MATTLDA S. ENDERS alk/a MATILDA L. ENDERS, the trustor and successor trustee, and subscribed and sworn to before me by l ,~` ~2~ ~ ~ ,and ________i_, witnesses, on Notary Public Notarial Seal Susan E. Lederer, Notary Public Harrisburg, Dauphin County My Commission Expires May 3, 2004 FOURTH AMENDMENT TO THE DONALD E. ENDERS AND MATILDA S. ENDERS A/K/A MATILDA L. ENDERS SUR'VIVOR'S TRUST On November 3, 1995, DONALD E. ENDERS and MATII.,DA S. ENDERS a/k/a MATILDA L. ENDERS, signed the DONALD E. ENDERS AND MATILDA S. ENDERS a/k/a MATIL.DA L. ENDERS LIVING TRUST, as Trustors, more formally known as DONALD E. ENDERS and MATILDA S. ENDERS a/k/a MATILDA L. ENDERS, Trustees, or their successors in trust, under the DONALD E. ENDERS AND MATILDA S. ENDERS A/K/A MATIL.DA L. ENDERS LIVING TRUST dated November 3, 1995, and any amendments thereto On May 6, 1996, the Trustors signed a First Amendment to the DONALD E. ENDERS AND MATILDA S. ENDERS A/K/A MATILDA L. ENDERS LIVING TRUST. On May 16, 1996, the Trustors signed a Second Amendment to the DONALD E. ENDERS AND MATILDA S. ENDERS A/K/A MATILDA L. ENDERS LIVING TRUST. On November 22, 1996, DONALD E. ENDER died and MATII,DA S. ENDERS A/K/A MATII.DA L. ENDERS became the successor trustee to the Survivor's Trust. On January 2, 2001, MATILDA S. ENDERS A/K/A MATILDA L. ENDERS signed a Third Amendment to the DONALD E. ENDERS AND MATILDA S. ENDERS A/K/A MATILDA L. ENDERS SURVIVOR'S TRUST. Pursuant to the right reserved under Article Four Section 3.b. of the original trust agreement referred to above which allows the surviving Trustor to amend the Survivor's Trust at any time, I hereby amend the Survivor's Trust in the following respects: 1 • Article Six, Section 1 of the original Living Trust Agreement is hereby revoked and amended as follows: Section 1. Specific Distribution of Real Estate Upon the death of the surviving Trustor, our granddaughter, KELLY A. GIZINSKI shall have a life estate for as long as she lives in the real property located at 125 North 27~' Street, Camp Hill, Cumberland County, Pennsylvania. During the term of the aforesaid life estate, KELLY A. GIZINSKI shall be solely responsible for the payment of all real estate taxes, utilities, sewer or water rents and similar charges on the property and shall at all times maintain adequate hazard insurance on the property. KELLY A. GIZINSKI shall also maintain said property in a reasonably good state of repair at her own expense. The Trustee shall obtain a certified appraisal for the real estate as of the date of death of the surviving Trustor. Upon the death of KELLY A. GIZINSKI , or, if KELLY A. GIZINSKI no longer wishes to reside at the property, I direct the Trustee to sell the property and distribute the net proceeds as follows: 1. The appraised value of the real estate as of the date of death of the surviving Trustor shall be distributed, in equal shares, to DON DAVID ENDERS, KATHLEEN ENDERS JUMPER and JAMES SHEIBLEY ENDERS 2. The balance of the net proceeds from the sale of the property shall be distributed to KELLY A. GIZINSKI or to her estate. 2 I confum and readopt the remaining provisions of the Survivor's Trust as reflected in the original trust agreement, the First Amendment to the Trust Agreement, the Second Amendment to the Trust Agreement, and the Third Amendment to the Trust Agreement reserving to myself the right to further amend the Survivor's Trust. Dated: i o 2~ , 2004. ., ,~ MATILDA S. ENDERS, Trustor and Trustee r M1 f ~ , t a/k/a MATII.DA L. ENDERS, Trustor and Trustee COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND } We, ~~ ~ - ~n.rC v,~ and ~ ~ ~. Jc~ u~ ~ ~~ + ~) o y~~~l the witnesses whose names are signed to the attached or foregoing instrument, being duly qualified according to law do depose and say that we were present and saw the successor trustee sign and execute the instrument as the Fourth Amendment to the Survivor's Trust as reflected in the original trust agreement; that the successor trustee signed willingly and executed it as her free and voluntary act for the purposes therein expressed; that each subscribing witness in the hearing and sight of the successor trustee signed the instrument as a witness; and that to the best of our knowledge the successor trustee was at that time eighteen or more years of age, of sound mina and under no constraint or undue influence. ~- ~.- ' ' nes ~~, i v, ~ ~ cc__. Witness ~ I, MATILDA S. ENDERS a/k/a MATII,DA L. ENDERS, trustor and successor trustee, whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as the Fourth Amendment to the Survivor's Trust as reflected in the original trust agreement; that I signed it willingly; and that I signed it as my free and voluntary act for the purposes therein expressed. ~~ I > MATILDA S. ENDERS, Trustor and Trustee a/k/a MATILDA L. ENDERS, Trustor an Trustee Subscribed and sworn to and acknowledged before me by MATILDA S. ENDERS a/k/a MATILDA L. ENDERS, the trustor and successor trustee, and subscribed and sworn to before me by ~ ~(~ - ,and • ' \ /1, witnesses, on ~~ , 2004. ~' r ~ ~~ Notary Public COMMONWEALTH OF PENNSYLVANIA Notanal• Seat --.- Toni AMyers, Notary Public Camp Hili Bore, Cumberland County My Commission Expires Mar. 29, 2008 Member. Pennsylvania Association Of Notaries w O V' N rn ro d o~ c ,~ z Nm i (4 d ~ ~ ~~ . p C a°- ~ m c a~ ~ - ~ c c a`°i ~ cu E °' H o ~ ' ~ w ~ Y C p C ~ •` tQ C ~ ,p U a fn `- ar -a W W ~ et ~ Q N~ R.. U ~_ r ,~ W Q '~ ~' rN ch a- ~~. 2Z_ ~ tO h ~' ~ C . ~ .. ~ N U d ~~W a ~c•i rn Wj . ~~ ~ ~~ Z CC ~O~ WW °'~? rn o>o °°° 3° z>Z , ~ ~.~ WSW ~~ .c~. ~ W N W cr Z 0 3 n p~Q mZ oc . . o QW~ ~~ ~~ z~ ~ ~ U ZOF OZQ UOU w p0 ~¢ > O C ~.. OWL ~Q U UW _ o oc 6 Y ti r n U +. C f° ~ ~ r w o c m ~ O O O ~ N ~ w+ _ ~ N C -C _ ~ ~. 'd ~ fl. (CD X ~ p •' + N O c ~ Z O n• ~ ~ ~ ¢co ~ o~ EL. m ~~ ~ a ~ r~ „_°a ~W o ~~, ~ y~ ~~ v0 HZ vo zQ O ~>, cm D M c0 W W p'D ~ f0 0 ~ O 'C7 ~ QN aw oicO+) Z ~ ~ J >- p ~p y'.p-. N 7 z ,-. C cp Z Q ~ m ~a ¢ p'~ d O O 0 0 m""Q O p U ~ ~ (p ~ Q (II ~V'V ~ 0. ACC C (6N ~ F N~.C W-- O l O O C ~f`O ? ~ N L p~ e ~ 0 O ~-p O N N U +' ~ r' } Q ~ '' 'O~U NC Z ~~~ ~ N~ O ~ s ~o c ~ N ~ U ~ ~ y p~N E ~lV U ~ p N p ~ ~ "' p_ r N C N N r7 ~ ~ O :j y R'f •N C O M N c ~ . ~ f0 y + ~ m o ° r- R m w ~ Uro` ~ a. p~ i. ~ d ' ~ n- `~ m m a~ G ~ ~ ~a a NN ~~.+ a~ Z3 N ~~~ cn ~- .p ~ ~ N O O N p ~ o..~ ~ o ° ~ a °' ~ ~' N 'a ~ ~ N ~m°a v Z m `° av ~'' V O.w a a ~ moo o m= ~Qa Q ~ o0 0 0 O O ~C. ~` z O W U a ~~4 ~~ ~ °o z r- 1' d s cj o; ;y N Q d F~- O a U N W O F z d J] 'C ++ i N ~ a ~ ~ ~ C t6 ~ ~ O I d = W W R ~ ~ O F_ ~ I-- N n Z a. = t O o a Z o '` v M N m r p O p ~ ~ ¢ w U U to U ~ N z O ¢ ~- ~ ~ Z F Q t N l0 U N I~ N C O +, w a w y C ~ L 'Q Q C to m v ~ C e C w N w C a w ~ N Z ~ ~ N `~ = C f0 '' ~ ~t U ~ v .~ `~ o L ~F+ N ~ a' a W C n~ V D V t ` w h R ~ ~ t +'' N c R ~ ~~ U ~ C Z ~O W 'V ~ ~d W Q U ~ ~ W `- _~_ w E- rn Z v ~~ ~o t L m U Q) ~ o N e-- Form 1040 (2011 Tax and Credits Standard Deduction for- •People who check any box on line 39a or 39b or who can be claimed as a dependent, see instructions. • All others: Single or Married filing separately, $5,800 Married filing jointly or Quahfyin widow(er~, $11,600 Head of household, $8,500 MATILDA S ENDERS 169-44-3333 Pa e2 38 Amount from line 37 ad'usted ross income 38 6 , 8 0 8 . ( 1 9 ) ................................... 39a Check You were born before Jan. 2, 1947, Blind. Total boxes if: ~ Spouse was born before Jan. 2, 1947,8 Blind.} checked -'139a ' 1 _ b If your spouse itemizes on a separate return or you were adual-status alien, check here - 39b - .~ m . _. 40 Itemized deductions (from Schedule A) or your standard deduction (see left margiri)-...:~:: 40' ""7°;'-2 5 0 :" "-'~~'±-- 41 Subtract Ilne 40 from Ilne 38 ............ . ................................................. 41 (4 4 2 . ) 42 Exemptions. Multiply $3,700 by the .number on line 6d .................................... 42 3 , 7 0 0 . 43 Taxable income. Subtract line 42 from line 41. If line 42 is more than line 41, enter-0-...... 44 43 0 TaX (see insWctions). Check if any tax is from: a ~ Form(s) 8814 b ~ Form 4672 C ~ 962 election 44 45 Alternative minimum tax (see instructions). Attach Form 6251 ............................ 45 46 Add lines 44 and 45 .................................................. ............. - ...,. 46 -- 47 Forei n tax credit. Attach Form 1116 if re wired 9 q ............ 47 ,. '~ `'"`_ _ 48 Credit for child and dependent care expenses. Attach Form 2441 .... 4$ 49 Education credits from.Form 8863, line 23 .................. 49 50 Retirement savings contributions credit. Attach Form 8880 .. 50 ~ 51 Child tax credit (see instructions) .......................... 51 ' 52 Residential energy credits. Attach Form 5695 52 53 Other credits from Form: a ~ 3600 b ~ 8801 C ~ 53 54 Add lines 47 through 53. These are your total credits ...... ...... .......................... 54 55 .Subtract line 54 from fine 46. If line 54 is more than line 46, enter -0- - 55 Other 56 Self-employment tax. Attach Schedule SE ...................................:.:.....:.':.... 56 Taxes 57 Unreported social security and Medicare tax from Form: a ~ 4137 b ~ 8919 .. 57 - 58 Additional tax on IRAs, other qualified retirement plans, etc. Attach Form 5329 if required .. 58 59a Household employment taxes from Schedule H ........................................... . b First-time homebuyer credit repayment. Attach Form 5405 if required ...................... • 60 Other taxes. Enter code(s) from instructions 61 Add lines 55 through 60. This is your total tax ........................................ - 62 Federal income tax withheld from Forms W-2 and 1099 62 5 9 4 . Payments ' 63 2011 estimated tax payments and amount applied from 2010 return 63 ... If you. have a 64a Earned income credit (EIC) 64a qualifying child, Nontaxable wmbat • attach Schedule b pay election • • - • • • • • 64b ` "? _ EIC. 65 Additional child tax credit. Attach Form 8812 ............... 6 LL • 5 .. 66 American opportunity credit from Form 8863, line 14 ......:. 66 67 First-time homebuyer credit from Form 5405, line 10 ........ 67 • 68 Amount paid with request for extension to file ............ 68 69 Excess social security and tier 1 RRTA tax withheld ........ 69 70 Credit for federal tax on fuels. Attach Form 4136 70 71 Credits from Form: a 82a3s b8 ss3s c8 ssol d8 as8s 71 72 Add lines 62, 63, 64a, and 65 through 71. These are your total payments ..... ~.-: , , .. , . ; - Refund 73 If line 72 is more than line 61, subtract line 61 from line 72. This is the amount youoverpaid 74a Amount of line 73 ou want refunded to ou.1f Form 8888 is attached, check here - - b Humes - c T e: ~ Checking 8 .Savings Direct deposit? - d number See instructions 75 Amount of line 73 you want applied to your 2012 estimated tax -I 75 Amount 76 Amount you owe. Subtract line 72 from line 61. For details on how to pay, -see inst. .... - YOU OWe 77 Estimated tax penalty (see instructions) .................... 77 Third Party Do you want to allow another person to discuss this return with the IRS (see instructions)? ,Yes Desi nee Designee's Phone " P 9 name - no. - - rn Sign _ - Here Joint return?' See instr. Keep a copy for your records. below. ~X No .. - ation Under penalties of perjury, I deGare that I have examined this return and accompanying schedules and statements, and to the best of my knowledge and belief, they are true, correct, and complete. Declaration of preparer (other than taxpayer) is based on all information of which preparer has any knowledge. Your signature ~ Date ~ Your occupation ~ Daytime phone number Spouse's signature.lt a joint return, both must sign. Date Print/Type preparer's name Preparer's signature Paid FLOYD FAHNESTOCK Preparer's Firm's name - ACCOUNTING ASSOCIATES USeOnly Firm's address - 1849 WEST LISBURN ROAD CARLISLE PA 17015- BCA usloaos2 Spouse's occupation I If the IRS sent you an Identity Protection PIN, enter it here Date (check ~ if I PTIN - self-employed P 010 5 4 4 5 3 59b 60 61 594 . -_ . 594. •- ~- Firm's EIN - •'`~'~" Phone no, 717-258-6671 Form 1040 (2011 } Consignor Settlement Cordier Auctions & Appraisals 1500 Paxton Street Harrisburg, PA 17104 Phone:717-731-8662 Fax:717-731-9830 Consi nor: 2198 Estate of Matilda Enders c/o Kathy Sellers, Executrix 312 North 17th Street Camp Hill, PA 17011 Phone:717-215-9609 S~' ~~~„ ~ E, 1-~-.,-, CO #: 4122 Date: 3/24/2012 Page: 1 Auction: Variety Auction 3/24/12 Lot# Description 135 JAPANESE WATERCOLOR Unit Price Ext.Price Comm/BuyBack Expenses - --•---------•--- 143 ---------•----- -----------------------------. --------------- 15.00 15.00 -5.25 0.00 ------------ LARGE MIRROR ----------------------------- -- - __ _ __ _____________________ _____ Bid Card # 118 ------- - 45 ---- ----•-------------------------------------------- 5.00 5.00 ------- ------- --------------- -1.75 0.00 ---------- OIL ON CANVAS UNSIGNED OCEAN VIEW ------- --------------------- Bid Card # 104 ------- - - _ _ - - - --------------------- 35.00 5.00 - - - - ----- - ---------- -12.25 0 00 147 -------------------------------- OIL ON CANVAS -------------------------------------- ------------ - ------ . Bid Card # 142 --------- --------------------- ---------------------- -- -- -- - ----- - - 10.00 10.00 -3.50 - ----- --------------~ 0 00 150 ---------------------------------- ASIAN OIL PAINTING ---------------------- - - -------------- ------------------ -- . Bid Card # 163 --------- - - _ -- --- ---------------------- - - - -- 40.00 40.00 - -- ----------------------------- -14.00 0 00 152 ----- RUSSIAN PLAQUE 1977 ---------------------------- ---------------------------- - - - - --- . Dii; %arU # i63 ----------- 5.00 5,00 - -- ----- - - - - - - --- -1.75 0 00 154 2 PCS OIL PAINTING OF DOLL AND ~ -~-----~ ------------ ------ . Bid Card # 131 _ ---- - - -- JAPANESE SILK BIRD 10.00 10.00 - -- ---------------------------- -3.50 0.00 ---------------------- ------------------------- - Bid Card # 159 158 - - - - - - - - JAPANESE WATERCOLOR BIRDS ------- --------------------- ---------- - ~ ------------------ ------------------------- - - -- - - - - - - 20.00 20.00 ------------- ----------------- -7.00 0 00 191 ----------------•---------------------- JAPANESE ETCHING ----------------------- ------------ --------- - - ---------- . Bid Card # 176 ---------- __________________ _ ____ __ 25.00 25.00 _ ---- - - -----------_. -8.75 0.00 193 ------~--------------- OIL ON CANVAS FLOWERS Bid Card # 156 ----------------------- -- - --- -- - -- - - 15.00 15.00 -5.25 0.00 198 _______________ __________ 2 PCS ART STITCHING ON SILK _ -- --- _-_-___-_- Bid Card # 161 --- _ _ _ _ _ ~.Ou" , . iJ ^0 ___ _ -1. 7j v. VV 202 WATERCOLOR LIGHTHOUSE Bid Card # 106 - ------------------ 10.00 10.00 -3.50 0.00 359 _______________ BRASS TRIVET WILLIAMSBURG VA --------------------- - ~ - - --- ----- ----- Bid Card # 128 ---------- 0.00 0.00 --------- -- ------------- 0.00 0.00 360 _ _ ______ ---"-----~-- 3 PCS INCL CHILD READING AND PORCELAIN ----------~ ------------------ --- Bid Card # 100 - ------- -------------------- ------------------------------- 0.00 0.00 0.00--------------------- --- 0.00 361 - - - - - -------------------------------------- 2 VICTORIAN FRAMES ------------------------------------- - ----___________ --- - Bid Card # 100 _________ __ _ ----------------------- --------------- ----- - - -- - - 5.00 5.00 _ -1.75 0.00 362 _ _ ----------- - ------------- ARTDECO GLASS FLOWERS ------------------- ------------------------------------- --------------------- Bid Card # 103 ---------- - -------------------- --- -- --- -- - -- - - ------------ 20.00 20.00 ------------------------------ -7.00 0.00 363 ---- - -- ~ - ORIENTAL SERVING PLATTER ---------------------------- ------------------------------------ ---- -- - - - - - - - ------ Bid Card # 106 ----------- --------------------------------- 10.00 10.00 ------ ------ - - -3.50 0.00 ------------------------------- ----------------- Bid Card # 156 Consignor Settlement Cordier Auctions & Appraisals 1500 Paxton Street Harrisburg, PA 17104 CO #: 4122 Phone:717-731-8662 Fax:717-731-9830 Date: 3/24/2012 Page: 2 ~0~ Description 364 SMALL FOLDING SCREEN Unit Price Ext.Price Comm/BuyBack Ex enses p ---------- 365 ------------------------------------------------- - - ----------------------- ART DECO GLASS FLOWERS 5.00 ----------- ------------------------------ 5.00 -1.75 0.00 Bi -- -------------- - - - - - - -- d Card # 115 ------ ----------- 366 _ --------------- -- --- -- ----- 5.00 5-00 -1.75 0.00 5 PCS CUPS AND SAUCERS ---------- _ _ _ ------------------------------------- - - _______________________ _ _______ Bid Card# 188 - - _____ ___ 67 ________________ _ 15.00 15.00 ------------------------- ------ -5.25 0.00 4 PCS MARTINI SET AND CANDY DISH _ --------------------------------------- ------------- --------- Bid Card # 110 ---------- ----------- 368 ------------------------------------------------------------------------------ 2 SILVERPLATE BASE CANDLES 5.00 ---- -- - ---------"------- - 5.00 - ------------------------ -- - - " -'-- -1.75 0.00 Bid C TICKS --------------------- ard # 158 - ---------------------------------------------------------------- --- - -- -- 369 30.00 30.00 -10.50 0.00 _____ _____ 3 PCS INCL PIXIES AND CANARIES ---------------------------------- - - - -- ----------------------- Bid Card # 104 --- ------------ 370 ----------------• ----- - - - - -- - - - - _________ - - - - - - - - - - --------------------- - - - 2 HANDPAINTED NORWAY EGG 5.00 ______________ ---- 5.00 -- -1.75 0.00 Bid C CUPS --------------------- ard # 103 - -- ------ - 371 -------------------- - - - _______ 0.00 0.00 0.00----------- ------------- 0.00 _______ LOT OF 2 ART DECO PCS _ ------------------------------------------ ---------- - - ---------- Bid Card # 100 ---------- - _-407- --- ----------------------- ------------------------------------ ------------ 20.00 0.00 - ------- - - ------------ -7.00 0.00 2 BRASS WALL SCONCES ------- - --------------- -------------------"-"-- -- --------------------- Bid Card # 171 -------- - - 35.00 35.00 - ------- -------------------- -12.25 0 00 420 - ----------------------- STEAMER TRUNK ------------------------------------------ -------- --------------- . ~i~ Card # 1 u~ --------= -------- --------------- -------- 15.00 15.00 ------------ -------------------~ -5.25 0 00 452 ---- ------------------------- WINGBACK CHAIR --------------------------------- ------------------------ . Bid Card # 184 ---- _ - --------- _ _ _ -------------- 0.00 0.00 0.00 0 00 1005 BRONZE LAMP WITH CLAW FEET ---------------- - - - ------------------------------- " - --- - . Bid Card # 100 -------------- ---- - -- 30.00 30.00 -10.50 0 00 1009 INDIAN STYLE BRASS LAMP ------------------------ --------------------------------------- -- --------------------- . Bid Card # 131 --------- - ------------------ - --- - - - 5.00 5.00 ----------------- --------- ---- -1.75 0 00 1019 _______ __ ---------------- 2 WINGBACK CHAIRS LEATHER STYLE ___ __ ______ _ ____ __ -- - -----------`------ - ------ ------ -- - --- - . Bid Card # 184 ------------ - 225.00 225.00 --------- -~--~- ----~----- - -56.25 0.00 1020 - - - ------ " CHINESE PORCELIN TABLE LAMP -- - Bid Card # 142 -------------- ----------------------- -------------------- - - 10.00 10.00 3.50 0.00 1021 -------------•----------------- CRAWFORD CHEST OF DRAWERS ---------------------------------------------- - - -- - -- ----------- Bid Card # 157 -- --- - - - --- 100.00 00.00 ------------------- ------------------- -35.00 0.00 1025 - CHINESE BARREL TABLE ----------------------------- ------------- ---------------------------- ------- -- - - - - - - - ------ Bid Card # 187 --------- 1 150.00 150.00 ---------- --------------------- -37.50 0.00 026 THOMASVILLE CHEST OF DRAWERS WITH -- Bid Card # 104 MIRROR 60.00 60.00 _ -21.00 0.00 ______ Bid Card # 182 1033 _ _ 3 PC CENTURY CHAIR CO LIVIN -------------------------------------- ------ . G ROOM SET 40.00 --- - - - - - - ------- 140.00 ------------------- -------------------- -35.00 0.00 1036 CHERRY DROP LEAF TABLE WITH 2 LEAVES --------------------------------- -- - -- -- -- -- ---------- - Bid Card # 184 ---- ---------------- -------------------------------------- 90.00 90.00 -------------------------------- -31.50 0.00 1038 -------------------------------------- INDIAN TABERET TABLE ----------"-"""-~--' - -- --- - ---- Bid Card # 196 -- ------------- -------------------- ----------------------------------- 90.00 90.00 -31.50 0.00 ------------ --------- -°------------------ Bid Card # 118 Consignor Settlement Cordier Auctions & Appraisals 1500 Paxton Street Harrisburg, PA 17104 Phone:717-731-8662 Fax:717-731-9830 Lot# Description CO #: 4122 Date: 3/24/2012 Page: 3 1039 CHINESE STYLE GORDON COFFEE TABLE Unit Price Ext.Price Comm/BuyBack Ex enses p - - ------------ - 1040 -------------------------------- ---- - --------- - - - - ------------------- VAN SCIVER SIDEBOARD WITH BUBB 50.00 50.00 -17.50 ------------------ -------------------- 0.00 Bid LE -- _____ _ -------------------- --- Card # 170 --- GLASS 150.00 -------- 150.00 -37.50 ----------0.00----~ --- ------------- - 1041 --- --- ------ -- - - -•-- - - ------------------------------------------------- NESTIivG Tt~BLES - - ---------------------------------------- -- - - Bid Card # 157 ------------------- 1042 ------ _ _ _ - - - - --- - - - - ------------------------------------------------ -- - - - - NESTINGTABLES 100.00 100. CO -35.00 ----- ----------------- - 0.00 - ----------------- -- - - - - -- - - - - ------------ Bid Card # 156 -- - - ------------- 1043 - ------------------------------ - - -- -- - ASIAN STYLE URN LAMP IN BRASS --------------------- ----------- 150.00 150.00 -37.50 ---------------------------- -------- -------- --------------- 0.00 Bid Card # 131 ------------------- 1045 ---------------------- ------- BLUE & WHITE TABLE LAMP ------------------------------ 10.00 10.00 -3.50 ------------------------- -- 0.00 ------------------- ----------- --------- - Bid Card # 161 ------------------- ------------------ ------------------------- ---- - - -- 10.00 10.00 -3.50 - - - - ---------- 0.00 -- ---------- ----------------------------------- Bid Card # 1 95 -------------------- _______- -- COExpense - PICK UP FEE ___ __ - ------ ----------------- - 100.00) Total Quantity; Total Invoice Sale Price: 44.00 Total Expenses: ~ 1, 735.00 Total Commission: ~ 100.00) Total Due to Consignor: 525.75) Total Payments: 1,109' 25 0.00 Balance: $1,109.25 Positive Balance, Monies Owed to Consignor COMMISSION SETTINGS Calculate Commission By: Each Commission Structure Type: Sliding Scale up to $100 35% $100.01 - $1,000 25% $1,000.01 - $10,000 20% over $10,000 15% Consignor Settlement Cordier Auctions ~ Appraisals 1500 Paxton Street Harrisburg, PA 17104 Phone:717-731-8662 Fax:717-731-9830 Consi nor:2°i98 Estate of Matilda Enders c/o Kathy Sellers, Executrix 312 North 17th Street Camp Hill, PA 17011 Phone:717-215-9609 Auction: Variety Auction 4/15/12 ~o~ Description 484 ASIAN WALL SCREEN HANDPAINTED 1008 LEATHER WINGBACK CHAIR CO #: 4250 Date: 4/15/2012 Page: 1 Unit Price Ext.Price Comm/BuyBack Ex enses p 100.00 100.40 -35.00 0.00 Bid Card # 120 15.00 15.00 -5.25 0 . fl0 Bid Card # 170 Payment to Consignor -check #6562 9.75) Total Qteantity: Total Invoice Sale Price: 2 ' 00 Total Commission: ~ 115.00 Total Due to Consignor: 40.25) Total Payments: ~ 74.75 9.75) Balance: ~ 65.00 Positive Balance, Monies Owed to Co COMMISSION SETTINGS Calculate Commission By: Each Commission Structure Type: Sliding Scale up to $100 35% $100.01 - $1,000 25% $1,000.01 - $10,000 20% Over $10,000 15% ' Fil N 11-1222 R-4 P e #1 APPRAISAL OF REAL PROPERTY LOCATED AT: 125 N 27th St Deed Book 130 Page 998 Camp HIII, PA 17011 FOR: Susan E. Lederer 5011 Locust lane Harrisburg, Pq 17109 AS OF: tonsi2o11 BY: Dennis L. Stover PA Certified Residential Real Estate Appraiser Certfication Number RL 138906 Clauser Real Estate Appraisals PO Box 7T7 Camp Hill, PA 17001-0777 Form GA1- "WinTOTAL"appraisal software by a la mode, inc. -1.g00.ALAMODE Main F' . 11-12 -4 Pa Susan E. Lederer 5011 Locust lane Harrisburg, PA 17109 Re: Property: 125 N 27th St Camp HiA, PA 17011 Client Susan E. Lederer File No.: 11-1222 R-4 In accordance with your request, we have appraised the above referenced property. The report of that a attached. ppraisal is The purpose of this appraisal is to estimate the market value of the property described in this appraisal report, as improved, in unencumbered fee simple title of ownership. This report is based on a physical analysis of the site and improvements, a locational analysis of the neighborhood and city, and an economic analysis of the market for properties such as the subject. The appraisal was developed and the report was prepared in accordance with the Unrform Standards of Professional Appraisal Practice, The value contusions reported are as of the effective date stated in the body of the report and contingent upon the certification and limiting conditions attached. It has been a pleasure to assist you. Please do not hesitate to contact me or any of my staff if we can be of additional service to you. Sincerely, ~-~- Dennis L. Stover PA State Certfied Residential Real Estate Appraiser Certification Number RL 138906 M ing No.1~-19990 a ~__ .._ Cover Page ........................................... Letter of Transmittal ............... ............... Table of Contents .................................. Summary of Salient features .................. USPAP Identification .............................. GP Residential ....................................... Subject Photos .......................... Interior Photos ........................ Plat Map .................................................. Building Sketch (Page - 7) ...................... Comparable Photos 1-3 .................. Location Ma ~~~~~~"' p ........................................... Appraisal Addendum • Special Conditions Statement of Limiting Conditions .....,,,.,,. Electronic SignaWrre Compliance ............. Certificate .......................... Dualiticadons .............. .............................. Dualifications ......................... .................... Invoice .................._ ~wat~t of CONTENTS Form TDCNP- "WinTOTAI"appraisal software by a la mode, inc. -1.80g-ALAMDDE ..... 11 ........... 13 in Fil 11-12 -q q SUMMARY OF SALIENT FEATURES Subject Address 125 N 27th St Legal Description Deed Book 130 Page 998 City Camp Hia Cowlty Cumberland State PA Zip Code 17011 Census Tract 42041-0104.p0 Map Reference 25420 Sale Pdce $ NA Date of Sale NA Client Susan E. Lederer Owner Donald E. $ Matilda L. Enders, Trust Size (Square Feet) 1,637 Price per Square Foot $ Location Suburban Age 61 Condition Avg Total Rooms 7 Bedrooms 3 Baths 2 Appraiser Dennis L. Stover Date of Appraised Value 01/10/2012 Final Estimate of Value $ 175,000 form 5SD - 9NinT0TAl° appraisal software by a la mode, inc. -1.800-ALAMODE GEORGE CIAUSER i it N 222 4 Pame #1 APPRAISAL AND REPORT IDENTIFICATION This Appraisal Report is pD@ of ffie foilowin 0 types: ^ Self Contained (A written report prepared under Standards Rute ® Summary (A Written report prepared under Standards Rule ^ Restricted Use {A written report prepared under Standards Rule restricted to the stated intended use lry the spec Comments on Standards Rule 2-3 1 certify that, to the best of my Imowledge and belief: 2-2(a) . pursuant to the Scope of Work, as disclosed elsewhere in this report.) 2-2(b) , pursuantto the Scope of Work, as disclosed elsevfiere in this report.) 2.2(c) , pursuant to the Scope of Work, as disclosed elsewhere in this report, ified client or irtended user,) • The statements of tact coraained in tNs report are true and correct analyses, opinlons, and conclusions. • The reported anayses, opinlons, and conclusions are limited any by the reported assumptions and limiting conditions and are my pCBenal, impartial, and unbiased professional • I have na (or the specified) present or prospective Interest in the property that is the sub ect of this re ort and no or the s ecified involved. I P • I have rro bias with respect to the property that is the subject of this report or the parties imoNed with this assignment p )personal irderest with respect to the parties • My engagement in this assignmerd was not convngent upon developing or reporting predetermined results. • My compensation for completing this asst n g mend rs not comingerrt upon the development or reporting of a predetermined value or direction in value that favors the Cause of the cient the amourd of the value opinion, The attainment of a stipulated result, or the occurrence of a subsequent event directty related to the intended use of this appraisal. My anayses, opinions and conclusions were developed and this report has been prepared, in conformity with the Uniform Standards o(Professional Appraisal Practice. • I have made a personal inspection of the property that is the subject of ttus report. • No one provided significant real property appraisal assistance to the person signing this certification. (lt There are exceptions, the name of each individual providing significant real property appraisal assistance is stated elsewhere in this report) Comments on Appraisal and Report Identification Note any USPAP related issues requiring disclosure and any State mandated requirements: APPRAISER: .---~ _ Signature: ,1 ~,,,,.., ~ ~*., Name: Dennis L. Stover DateSigrced: January i2 2012 State Certification # RL 138906 or State License #: State: PA Expiration Date of Certification or License: O6/30/2013 Effective Date of Appraisal: 1 nr~ar~n, , SUPERVISORY APpNpISER (only if required): Signature: Name; Date Signed: State Certification #: or State License #: State: Expiration Date of Certdication or Ucense: Superv(sary Appraiser inspection of Subject Property; ^ Did Not ^ Exterior-ony from street ^ Irrterior and Exterior Form IDO6--'lNinTOTAL• appraisal software by a la mode, inc. -1-800-ALAMOOE GEORGE CL4USER RESIDENTIAL gpp~sq~ SUMMARY REPORT M e N. -1 2 R-4 Prooedv Addro ~ ~ mat ry Summary Report Use; LnCanOn: Urban Built up: ^ Ove 75 Suburban Rural "ocress: P. O. Box 777, Cam Hill, PA 17001-0777 predominant O r % Growth rate: ^ Rapid ®p5-75% ^ Under 25% ®Stable ^ Slow na-Unit Housln Occupancy PRICE 9 AGE Prasard rand Uso Change to t.and use One-U lt Property values: ^ Increasing DemanQ/suppty: ^ Shortage ®gtabie ^ Declining ®b Balance ^ Over S ®Owner $(000) (yrs) ^ Tenant 70 Low 0 n 2-4 Unit Mufti-U i 85 % [] Not likely 5 % ^ tikety * ®In Process Markebn time; Under 3 Mos. upply 3-6 Mos. Over 6 Mas ®Vacant (0-5%) 1 000 Hi h 150 n t Comm'I 5 % • To: vacant land to ----- Market Area Boundaries, Description e . , and Market Conditions includin Vacant >5% 165 Pred 35 -_ 5 % residential deve_ lo_ "_ m~ e_t su g pport for the above characteristics and trends): The sub'ect net hborhood i orou h of Cam Hill. Sho in schools and churches are located within 5-10 the Camo Hill and Ca it l C % p a it y mall aooro wmately 10-1F minutes of the r„~.,,,.e.. .,..~.. ropertv. Frill te s the e.., , _~_ 7 ig es Best Use as improved: -„ry~~ Present use, or ~, nave me cocuments been reviewed? - -~'-°"'"""" ranaramered Ifl al ~ Other use Yes No Ground Rent if ap licable $ (explain) / Actual Use as of Effective Date: Residential ~ ..Summary at Highest & Best Use: Use as appraised in flits report Residential The h' hest and best use of th ' e sub ect Is the resent use. i Utiltties Public Other Provider/Description ~, Elecfncrly ® ^ Off-sHe Improvements Type P b PPL ~ Gas ® ^ UGC-- ---- u lic Private Strom Macadam ® ^ To po9raphy Avo • Water ® ^ Public --- Curb/Gutter Concrete ® ^ Si Slzo qvQ Sha e Sanitary Sewer ® --- ^ Public Storm Sewer "'---- - dewalk Concrete ® ^ SVeet u9hts Yes p Rectangular Drainage qvq Yag Other site elements: Inside Lot Comer Lot ® ^ All None Cul de S V ew Av~c _ ~- ac FEMA S ec'I Flood Hazard Area Yes No FEMA Food Zone X Und round Utilities Otlier describe Site Com w ments: There are no a known. arent easements encroachments s e a FEMA Ma Date 03/16/20( l assessme Ot l n s slide areas or ills al or le al nonconformin use General Description ExteriorDescri P bon # of Units p~ # of Stories ^ Acc.Unit froundation 3 Foundation Concrete Brock 51ab 0 Basemem None Hearin g Type ®Det. ^ Arc ^ Exterior Waks Roof Surfac Brick Crawl Space 0 Area Sq. Ft 488 % Finished Type HW BB e Design (Style) Slit-level Shin le Basemerrt Partial GUtteB 8 DwnsPts• Aluminum Sump Pump [] NA ®Exisdng ^ proposed ^ Und Co W 0 Ceiling O en W Fuel Gas . ns Actual Age (Yrs.) 61 . indow Type StormScre DblHun Dam ness P ^ No Evidenc alls Con Block Fbor Cooling Effective A e rs. 25 ens Storm/Existin Settlement No Evidence CoN81k Tile Outside Entry NA Central CA 'InteriorDeseripfion fbors Appliances Attk ®None Irdestadon No Evidence Amenities Other Vin /Car et Wags Plaster/Pan Tri R Refrigerator Range/Oven ^ ® Stairs ^ Drop Stair ^ CarStora e fireplace(s) # 1 FP _ Woodstove(s) # 0 g ^ N~ Gara P e # ti nV n(sh yyo~ Bath Fbor Ceramic Til Disposal ® Scuttle ^ g a of cars ( 2 o None Deck Reap -- Attach. e Bath Wainscot Ceramic T c Dishwasher ® Doorwa y ^ _ Porch Non--- a --_ Detach. i e Ooors Wood Fated Microwave ^ ^ Fbor ^ Heat d Fence None ~'- Blt-In 1 ~-- C Rnished area above grade cordains~ Washer er ~ e ^ Rnished pool arport Non=--__ Driveway c 4ddittnnnrt ,, 7 Rooms 3 Bed rooms .. ~_.~,_. Surface cnno~nfo condition of the property and external obsolescence): Sub'ect is a s lit-levels a dwellin in avers a condition with a d~ondftion. Functional: None External: No advwrce i,.,.,.,.,__, ^_ _. c. rvrmeo a visual ins action of accessibb area and that the a y ra sal cannotb and/por defects in tph~e'Tp~roJp+~eAy. ® - ~ Q~1 alt. t..~!`t ~ ~DYd9htm 2007 ay a W moss, ba This tarn mar 6e reproduced unmodBied whhat writer permissbn. he Fonn GPRES2 - ^WInTOTAI" appraisal software by a la mode, inc. -1.800•gLAMODE and credxed. 3/2007 RESIDENTIAL App~SAL SUM } MY research did did net reveal any prior sales or transfers of mMARY REPORT Data Sources : Cumberland Coun Tax Assessment Office I p Petty for the three years ~ 1st Prior Sub'ect Saie/iransfer Alatysis of sak/bansfer history and/or arty current agreemerd of ~ Date: Not in the last Pnne .. fil N - 22 R-4 Summary Report No.: 11-1?9~ a_e noaress 125 N 27th St ---- oumraliABLE SALE # 1 23 N 19th St -- '•_" ""' "`"GO COMPARABLE SAL ~ for tms a praisal. E # 2 Cam Hill PA 17011 Prowm' to Sub'ect Cam Hie PA 17011 COMPARABLE SALE # 3 302 N 17th St 3429 Lo an S C Sale Price $ 0.65 miles E _ am Hill Pq 17011 0 _64 miles E g t Cam Hill Pq 17011 Sale price/GLA _ NA $ $ 170.000 - /s ft $ ~ 0.73 miles w Oata Source s Verification Sources . Ins ectlon . 11a.aa/s .tt CPML Courthouse Re lt 3 101.01 /s .tt. 199 500 $ 206, ~ 1 VALUE ADJUSTMENTS NA DESCRIPTION a or Tax Assessment Records D 17.00 /s .it. CPML Courthouse Realtor CPML Courthouse Realto Tax Assessment R Sales or Financing Concessi NA ESCRIPTION + • S Ad'ust Conventional r ecords Tax Assessment Records DESCRIPTION + - $ Ad'ust ons Date of Saie/Time NA None Krawn VA . DESCRIPTION + - $ Ad' FHA Ri hts A raised NA Fee Sim le 7/7/11 MT 5 None Known 8/10/11 MT 14 Seller Hel 8 I Location Site Suburban Fee Sim le SuburbaNlnferi Fee Sim le 1 Z/22/11 MT 83 Yew ' 17 Acres or +5 000 Suburban/Inferior .23 Acres Fee Sim Ie +5 000 Subu b Desi n S le Av E ual 26 Acres r an/Inferior +5 t .25 Acres Duali of ConstNCtion Slit-Level A Slit-Level E ual Slit-Level E ual A e 61 A B5 A Slit-Level Condition Above Grade A T0~ Bdrms Baths Su erior/U dated -10 000 46 Su erior A -5 000 56 Room Count 7 3 Total Bdrms Baths Total Bdrm -10 000 Su erior/U dated Gross Livin Area 2 1 637 s ft 6 3 1.1 +2 500 s Baths 8 4 2 1 Total Bdrms gams -10 0 Basement 8 Finished Rooms Below Grad . • Partial Unfinished 1 485 5 .ft. + 2 280 Partial Part Finishe ' 1 975 s .ft. -2 500 6 3 2 'S 070 e Poncbon!_ A\tmora a/Meth Fr/Stor/Meth -2 000 Partial Part Finishe FR/Exerri~oic.... 1 765 s .ft, -1 9~ Partial Part Finishe I~ Tale Price 1 I + $ -2 220 (~ + gables i Net 1.3 % - $ -23 570 + Gross i28 % S NcI 11.& % of Saks Comparison A 167 780 Gtpss ~ n g y; $ Net > g.2 Pproach Sales used were ail reasonabN srman. ~~... ~.. 175 930 DOSS 15 n' ~blvsimilv~....,_...__ ... ., '+WnMn`Y cwl oy a la motle, hC. ThIS lomr may b8 rP.pNdlltEd anrtamnad M'IthWt Wfl(tell PerilY551g1~ h0 Fonn GPRE52 - ^WinTOTAI' appraisal software by a la mode, inc. -1-S00-gtAMODE 3/2007 RESIDENTIAL APPRAISAL SUMMARY COSTAPPROACH To ver ne r f a r , support for the opinion of site value (summary of comparable land sales or ESTIMATED REPRnnurrmu no Source of rnct w ~ "c+'~utMENT COST NEW Dual' ratln from cost service• NA Comments on Cost Approach (gross Irvmg area cakulabotns, depreciab'on, et NA ~n fil 1-12 -4 Pa # Summary Report Market/CCTAO _$ of Income Approach common elements support for market rent and ~ ms appraisal is made "as is", ^ subject to campleticn per plans and specifications on the basis of a completed, ^ subject to the folowing repairs or alterations on the basis of a Hypothetical Condition that the repairs or alterations have been com feted, the folbvdn Hypothetical Condition that the improvements have been 9 required inspection based on the Extraordinary Assumption that the condition or defici~cy does not require alteration or repair: If oro am, ;~ ..,.,, subject to satisfactory termite and radon certifications with appraised varue r,~~e.. __ _,_ ^ subject to oases on the degree o} InspeMlon of the subject property asrind ptred belowsdefined Scope of Wong g~eme~nt and Appraiser's Certifications, my (our) Opinion of the Market Valu of this re ort i f p o e (or other specified value Assumptions and Limiting Conditions, s: ; 175,000 type), as defined herein, of the real property that is the subject if Indicated above, this Opinon of Value is sub'eM to ' ~ oL 10/29/2011 HYpoiheti i h ra Cnognditions and/or Extraordin ~ w ich is the effective date of this appraisal. A true and complete copy of tills report contains 22 Da9es, Includi exhibits which are considered an Integrail ~: properly understood without reference to the Infor addenda. rt ti u p n en se pa ma f the report Ths o ~ on cordained in the complete report, a ra s! Attached Exhbits: PP ep y not be _ ®Scope of Work ®Limifing CondJCertifications ®Map Addenda ^ Narrative Adde d ^ Additional Sales H othetical Conditions ^ Exbaordi n um ®Photogrsph Addenda ®Sketch Addendum ®Cost Addendum ^ Fbod A na Assum lions Client Contact ddendum ^ ^ Manuf. House Addend E-Mail: Susan LedererLaw.com um CtierrtName: Susan E. Lederer APPRAISER Address: 5011 Locust lane Harrisbur PA 17109 SUPERVISORYAPpRgISER (if required) or CO-APPRAISER (if applicable) Appraiser Name: Dennis L. Stover Comparry: Clouser Real Estate Supervisory or Co-Appraiser Name: sisals Phone: 717 737-7300 Fes' (717) 730-Oaw E-Mail: dstoverma Company: Phone: comcast.net Date of Report (Signature : January 12 2012 E-Mail; Fax: , License or Certification #; RL 138906 Date of Report (Signature): Designation: State: PA License or Certification #: Expiration Date of License or Certification: 06/30/2013 Inspection of Subject: ®Intedar & Exterior ^ Exterior On D Designation: State: Expiraton Date of License or Certrfication: ty ate of Ins action: 01/10!2012 7i~~!Cif1~#trrnS CmvMhtm~rcn~..,~,._._~_... ^ None Inspection of Subject: ^ Intedor 8 Exeror ^ Exterior Onl . Date oflnspection; Y ^NOne Forth GPRES2- "~nTOTAL' appraisal software by a la modeinc~ 1-gDa~ however, a n mode, "`. must be acxnowedgee,,,d credaed. ALAMODE 3/2007 M in File Nn 1 i _i oon e . ... _ Subject Rear Subject Street Form PICPIX.SR -'WinTOTAI' appraisal software by a la made, inc. -1-800-AIAMODE ~..a~_-__ .~. KITCHEN KITCHEN BEDROOM ~ ~.x } r ~~' - A,~h t- _` a t,. BEDROOM .'~-~ f ~ _ re .~~ . ~ ,~ ;':: a . ~.. FURNACE BEDROOM POSSIBLE MOLD Form PICINTI5 - "NnTOTAL"appraisal software by a la mode, inc. -1-800-ALAMODE LIVING ROOM DINING ROOM FAMILY ROOM PEELING PAINT IN GARAGE DETERIORATED CURB ~._ ~ ~t.~^ - - - ~ _ ' = ~ ; ~ 75:00 9 50.00. ~~~` ~ 7~.oa - 28~~`: 450.00 269 a (10) - ~' o (13,T4,15) ,~ ~ - - , _: _ ~ a 0.17Ac .,._~ ;i 4 150.00 15d.oo 285 27. 0 .::: (9J, 6 . a 0:19Ac (1 ) . 30 s o ~ 156.00 Z$4-A: ~ ~ ~S ) ' ~- ~, i,j?. ~ - - ~. _ ~ ~=' ~ . D 1 7A c. , ~ ~ . . . ~ a ' ~~ ~ 4 ~ .3Qr7 °a, 150.00 2.8 36 150.60 272 ~ 0.17~;c. o. (1 g~ 156.00 - -304 ~ 0.17Ac. _,. , i 1;50.00 . ~ ,. cn ~' 273 P $ o,aa .303 } ' a ~ (19) - _ ~.~~ .~: 1 sa:oo _ (~) . .,, ~ :rat -~ .-- .~ _ cn p ~ (5) .. . ' BAC. ~' ~ 150.00 274; a` a n::6,_ ; a (20) ~ a ,ao,oo ~ 302 ' iJt . _p a ~ Q -- ° . ~ ; ~ -; 150:40 .,~ r, ~ .s r.. ~r '; 156.00 (~) 06 ~ ' rn o }. '; ..50,00 275.. _- ~ a oaz o_ 1.56.0 o.oos Mfl , Form MAP,PIAT-- "WinTOiAL"appraisal software by a la mode, inc. -1.800-ALAMODE Mi ~~..a ww___ 1-1 2R4 P~_#il 125 N. 27TH ST, FIRST FLOOR m.ro BUILT-IN SECOND FLOOR GARAGE ""'0.4gOpj" THIRD FLOOR BASEMENT ixm n.ov uov m.ov uuRO.ar g oroEM _8 BATH ~ MrN EEOROOM ~~flGOM g 8 ~ ~ $ EEOflOpM N ETOMaE g 8 0 tv' NMOflOOM Fi MECIYNE:ry,E 11EC EEpROOM 1E.pJ ism zzm u.m r.on ~ nr Rot cx cr wlo rar ro ac.~ sMha AIq. iv+ Comments: AREA CALCULATIONS SUMMARY Code oesutpdon e GL711 First Floor N t 81ze Net totals GLA2 GLA3 Saaond Floor 848'00 594 00 848.00 e$MT Third Floor 8acement . 195.00 594.00 195.00 GAIL BUILT-IN GA8)1G& 488.00 488.00 405.00 405.00 LIVING AREA BREAKDOWN '. BteaktloWp Subtotals First Sloor 7.00 x 45.00 13.00 x 41.00 315.00 Second Slooz 533.00 22.00 x 27.00 Thizd 81oor 594,00 13.00 x 15.00 195.00 Net ENABLE Area (Rounded) I 1637 4 Items Form 5KT.81dSld - "NinTOTALR appraisal software by a la mode, inc. -1-800-ALAMODE 1637 Main Fle No ++-+~~~ o D..:E~E~_. ~. _ ------~-~s- Pane .tE+ Comparable 23 N 19th St Prox to Subject 0.65 miles E Sale Pdce 170,000 Gross Living Area 1,485 Total Rooms g Total Bedrooms 3 Total Bathrooms 1.1 Lacatlon Suburban/In MeW Equal Slte .23 Acres Ouafdy Avg Age ss Comparable 2 302 N 17th St Prox to Subject 0.64 miles E Sale Price 198,500 Gross Living Area 1,975 Total Rooms g Total Bedrooms 4 Total Bathrooms 2,1 Location Suburban/Inferior MeW Equal Site .26 Acres Quality A~ Age 46 Comparable 3 3429 Logan St Prox to Subject 0.73 miles W Sale Price 206,500 Gross Living Area 1,765 Total Rooms g Total Bedrooms 3 Total Bathrooms 2 Location Suburban/Inferior MeW Equal Site .25 Acres Quality q~g Age 56 Farm PICPDLCR - "WinTOTAI' appraisal software by a la mode, inc. - t-800-ALAMODE M in Fil 11-1 -4 a #1 C01110arahir. Dtis,. o___ a la mode ,rnc. ``~»~ ~' -- } PwnMi~:~wlsFe [ xn~vlg~ S C , • . ~ k Y : ~.. ~ 3 ~.~c ~,, ,. i~ ~yvi'b t ~f W~ ~f7 r z ~ .-.~+'F r u a ~ ~~ f ~ ~~ ~ ~ i ,,f ~ ~ 3. D~ ~ ~ k - V.,,. ~ . ~ N s~ e r *y, ~ . ` 5 ' ~ { ., 4, , r ~~ +~.. -s y ~ ~b'' ~ a"r`m` , . .4 Aix 9 ,~ fµ` _. ry. ,y,., Y+_ .:.. ~ _. f .t' ' o F ' a~ ~ ~ . .: ~ ti ~ ~ ~ rte. ~ r : ~ ..- ~"'3. ~ ' ~n ~ ~7~ ~ ~ __ i r sP^ a.~F _ ., e r.y t ~. _t ~,« L ~• ~ _~~4 ~ l - L 0.c. ~"~~ _ .. ~*i~ _x. - ~ ..MSS _ .`5 ;~' ,~' ~~~ 4 w'~ y fir. . T y.y .. ,z .- v y ,., - _ ~_..-• -'-1.4uk6L St ... ~ .-,t( ~ ,. ''~ ~ ~ r-. ~nx. .: ~ ~~. - _ - a 7 r tl ~ C F ~ ~ ~ v, a ..~' ~ .. ~ ,.. - - e x~. - ; ~ .,. , ~ ~Nar ~„r,~• .µ-- w~ ~ ~s~ ~ i.~~ '. ve,' *,x;, ~'~Stw EXQ,~~a ~ ~ ' -` ~ r9Fx,~y~yry~~a~''r;" w::r-~" ~. 1 ~ ~~. ~ yy ~ ,f` / ~ n~re i Yy ~` ~ ~ ~ FII ~, ~~~' WI .e Ni ti v +~ ~ .~ _: j " ~a }~ .:~~ , rag ~. _ :, . .f . - „ . . ., --. _ _ w ~" w ~: ..r ~ ~ .r, _ ~- caMyi Min.. .. .. ~. ~~t ~:4wsi ~ " _ S ~ t ~ '. ~~ tr.~ p ' . Y . e d - . ~ ~ ~, . ' t n ' ~ ~, ~; oM ~,.s, t'r~ry~' fj `~ c T w ~,rn'R `~ '`~ 'eb` n ~ ~ ,p e,f``~~~ ~ / y ~µf ' K`w` ~; ~~" ~/ /~ / g binq r~ ~~ - ~ `C_~a form MAP.LDC -'1NinT0TAL' appraisal software by a la mode, inc. -1-80aALAMODE Main F' .~~_ pR-4 ~..__.~__ __ aoe#1 vial Conditions Main File N~ 11.7 2~ a e ca_ c`#t~ Fife No, 11-1222 R~ SPECIAL CONDITIONS ADDENDUM The following checked items are speck special conditions that were identified by the appraiser during the inspection of the subject property, the incomparable sales, and their neighborhoods and locations. 1. The subject is located in a rural area and is less than 25% butt-up. The condition is typical and common for the area and DOES NOT affect the market value. _X 2. Commercial uses are boated within the subject's neighborhood. These uses are typical of similar neighborhoods and DO NOT affect the market value. _X_ 3. Industrial uses are located within the subject's neighborhood. The presence of industrial uses, is typical for the neighborhood and DOES NOT affect the market value. _X 4. Vacant and underdevebped land uses are boated wkhin the subject's neighborhood. These Uses are typical for the area and DO NOT affect the market value. _X 5. The predominant value In the neighborhood Is less than that of the market value of the subject property. This condition DOES NOT have an adverse affect the market value, ~_ 6. The subject property is located In a F. I. A. Identfied Flood Zone. 7. Dampness is noted in the basement of the subject. Standing or running water was not present on basement floor. _X_ 8. Tha subject is oker than five(5) years old. All mechanical systems Including the heating, electrical artd plumbing system appears upon a visual exterior Inspection to be in working order. No warranties are implied in this statement. 9. The electrical system was not connected during inspection. _- 10. The water service was not connected during inspection. 11. The heating system was shut down during Inspection. -_ 12. Well and septic are common to the area. __ 13. Repair items were noted in the comments section of the report. These comments on repair items are for descriptive purposes only and are not required repairs. The repair items are cosmetic in nature and DO NOT affect the market value. 14. Subject is new construction and was 90% completed on date of inspection. Compliance and completion Inspections suggested prior to settlement. _,_ 15. Should property be sold, termite and radon cert~cations are suggested, wfth appraised value based on dear results. 16. The land value exceeds 30% of total value due to the high demand for vacant land in this neighborhood. This condition is considered common and typical for the neighborhood and DOES NOT affect the market value. -~ 17. The land value exceeds 30°~ of total value. This is due to the large size of the site. this condition is considered to be typical and common and DOES NOT affect there market value. 18. Individual adjustments were required that exceed 10%. These adjustments were required due to the lack of more similar comparables on that indmdual rating. Ail three comparables are the BEST AVAILABLE. 19. Total adjustments exceed t5%. This is due to the lack of comparables on that individual rating. Ab three comparables are the BEST AVAILABLE. _X_ 20. One or more comparable sales are older than six(6) months old. Although there are comparable properties in the subject area, none have sold recently, therefore, sales in excess of six (6) months old had to be used. 21.One or more of the comparables used were in excess of one(1) mile from the subject property. Although there are comparables in the immediate area, none have sold recently. Therefore, it was necessary to use comparable sales outside of the immediate area. All comparables used are boated in similar neighborhoods and within the same marketing area. All three comparables used were the BEST AVAILABLE, _____ 22. Roofing certification is suggested. .___,_ 23. Plumbing certification is suggested. ._ 24. Electrical certification is suggested. __ 25. Heating certification is suggested. 26. Flood Hazard instuance is suggested. 27. Seller is paying part or all of Dosing cost. This DOES NOT affect the market value. _X_ 28. All comparable sales are Dosed sales. _X_ 29. The subject property has not transferred in the past three years., _X_ 30. This appraisal is a Summary Report with complete data retained in appraisal fde. Fonn SUP - °WinTOTAL" appraisal software by a la mode, Inc. -1-800-ALAMODE Main Fie No 11-1 ~~ a a pa_~#~6 DEFINITION OF MARKET VALUE: The most probable price which a property should bring in a competitive and open market under ail conditions requisite to a fair sale, the buyer and sager, each acting prudently, knowledgeabty and assuming the price is not off acted by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of titre from sager to buyer under conditlons whereby; (7) buyer and seller are typically motivated; (Z) both partles are well irrformed or wag advised, and each acting iri what he considers his own best Interest; (3) a reasonable time is albwed for exposure in the open market; (4) payment is made in terms of cash in U.S. dopers or in terms of financial arrangements comparable thereto; and (5) the price the sale. represents the normal consideration for the property sold unaffected by special or creative financing or sales concessionS* premed by anyone associated with 'Adjustments to the comparabMs must be made for special or creative financing ar sales concessions. No adjustrr~ms are necessary for those costs which are nonnagy paid by seders as a result of tradition or law in a market area; these costs are readily identifiable since the sager pays these costs in Nrtuagy ag sales transactions. Special or creative financing adjustrrems can be made to the cortgrarable property by Comparisons to financing terms oftaed by a third party institutional lender that is not already involved in the ProPertY or transaction. Arty adjustmem should not be calculated on a mechanical dollar for dollar cost of the financing or concession but the dollar amoum of any adjustmem should apprmdmate the martcet's reaction to the financing or concessions based on me appraiser's Judgement. STATEMENT OF LIMITING CONDITIONS AND APPRAISER'S CERTIFICATION conditions: CONTINGENT AND LIMITING CONDRIONS: The appraiser's certification that appears in the appraisal report is subject to the following 1. The appraiser wig not be responsible for mattes of a legal nature that affect either the property being appraised or the title to it. The appraiser assumes that the titre is good and marketable: and, therefore, wig not render any opinions about the title. The property is appraised an the basis of it being under responsible ownership. Z. The appraiser has provded a sketch in the appraisal report to show apprordmate dimensions of the improvements and the sketch is included only to assist the reader of the report in visualizing the property and understanding the appraiser's determination of its size. 3. The appraiser has examined Ute available ibod maps that are provided by the Federal Emergency Management Agency (or other data sources) and has noted in the appraisal report whether the subject site is bcated in an identified Special Food Hazard Area. Because the appraiser is not a surveyor, he or she makes no guarantees, express or implied, regarding this determination. 4. The appraiser wig not give testimony or appear in court because he or she made an appraisal of the property in question, unless specific arrangemems to do so have been made beforehand. 5. The appraiser has estimated the value Of the Land in the cost approach at its highest and best use and the improvemerrts at their contributory value. These separate valuations of the land and improvements must not be used in conjunction with any other appraisal and are invalid it they are so used. 6. the appraiser has noted in the appraisal report any adverse conditions (such as, needed repairs, depreciation, the presence of hazardous wastes, toxic substances, etc.) observed riming the Inspection of the subject property or that he or she became aware of during the normal research irnolved in pertorming the appraisal. Unless otherwise stated in the appraisal report, the appraiser has no krnowledge of any hidden or unapparem conditions of the property or adverse emironmemal conditions (incbding tiw presence of hazardous wastes, toxic substances, etc.) that would make the ro has assumed that there are no such conditions and makes no guarantees or wamamies, express or impged, regarding thecond4on of Ithe roueble, Tod appraiser wig not be responsible for arty such Conditions that do edst or for any engineering or testing that might be required to discover whether such conditions exist. Because the appraiser is nwt an expert in the field of emironmemal hazards, the appraisal report must not be considered as an environmental assessment of the property, 7. The appraiser obtained Una Information, estimates, and opinions that were expressed in the appraisal report from sources that he or she considers to be regabie and begeves them to be true and crorrect. The appraiser does not assume responsibility for the accuracy of such Rams that were tumished by other parties. 8. The appraiser wig not rrscbse the cordems of the appraisal report except as provided for in the Uniform StandaNs of Protessionat Appraisal Practice. 9. The aDDraiser has based his or her appraisal report and valuation conclusion far an appraisal that is subject to satisfactory completion, repairs, or alterations on the assumption that completion of the improvemems will be pertomned in a workmanlike manner. 10. The appraiser must provide his or Iter prior written conserd before the lender/client specified in the appraisal report can distribute the appraisal report (including conclusions about the property vabe, the appraiser's idemity and professional designations, and references to an organzatons or the firth with which the appraiser is associated) to arryane other than the borrower, the mortgagee or its successors and assignsi~the mortgage insurer; consultants; professional appraisal organizations; arty state or federalty approved tinarrcial insuanion; or arty department, agency, or instromnmtality of the Unged States or any state or the District of Columbia; except that Ute lender/client may distrbute the property description section of the report Dory to data be obtained beto engthee aippraisai~cao bevro meyed~byt arrya emnto the rpubGe RthroughSeadventis n ?PDratser's written cansem and approval must also g public relations, news, sales, or other media. Freddie Mac Form 43g 6.93 Page 1 of 2 Fannie Mae Form 100466.93 Form ACR - "WinTOTAL' GEORGE CLAUSER appraisal software by a la mode, inc. -1.800-ALgMODE FIN -122 R-4 APPRAISER'S CERTIFICATION: The Appraiser certifies and agrees that 1. I have researched the subject market area and Kaye selected a minimum of three recent sales of properties most similar and tort consideration in the sales comparison anaysis and have made a do9ar adjustrrrerrt when appropriate to reflect the market reaction to those items of significant variation. M a signNCant item in a com arable ro Proximate to the subject property the adjusted Saks price Of the carparabk and, ti a sgnifiCard ftemrinoa com arable rrole Nan, the subject property, I have made a negative adjustment to reduce a positive adjustment to increase the adjusted sales price at the comparable, P P Perth rs nrfedor ta, or less favorable than the subject property, I hays made 2. I have taken irdo consideratien fire factors that have an impact on value in my devebpmem of Ne estimate of market value in Ne appraisal report. 1 have not knowirgty withheld arty significant information from Ne appraisal report and I believe, to the best ai my knowledge, Nat all statements and information in the appraisal report are true and correct. 3. I stated in the appraisal report ony my own personal, unbiased, and professional anaysis, opinions, and conclusions, which are subject only to the contingent and limiting conditions specified in this form. 4. I have no present or prospective interest in the property Nat is the subject to Nis report, and I have no presets or prospective personal interest or bias with respect to Ne participams in the transaction I did not base, eiNer partiaYy or completety, my anaysis and/or the estimate of market value in the appraisal report on the race, cobr, religion, sex, handicap, fartigal status, or national origin of either Ne prospective owners or accuparus of the subject property or of Ne present owners or occupants of the properties in the vicinity of the subject property. 5. i have rro present or contemplated frdwe irderest in the subject property, and neither my curent art future empbymem nor my compensation for performing this appraisal is contingent on Ure appraised value of Ne property. 6. I was not required to report a predekrmined value a direction in value Nat favors the cause of the client or any related party, the amount of the value estimate, the attainment of a specific result, or Ne accurence of a subsequerrt everd in order to receive my compensation and/or empbyment for performing the appraisal. I did not base the appraisal report on a requested minimum valuation, a specific valuation, or the need to approve a specific mortgage ban. 7. I perfonried Nis appraisal in conformity with the UrYform Standards of Professional Appraisal Practice Nat were adopted and promulgated by the Appraisal Standards Board of The Appraisal Formdatian and Nat were in pkce as of the effective date of this appraisal, with the exception of the departure provision of those Standards, which does not appty, I acknowledge Nat an estimate of a reasonable time tort exposure in the open market is a condition in the definition of market value and the estimate I devebped is consistem with the marketing time noted in the neighborhood section of this report, unless I have otherwise stated in the recancigation section. 8. I have personalty inspected the interior and exterior areas of the subject property and the exterior of all properties listed as comparabks in the appraisal report I further certify Nat 1 have noted any apparent or known adverse conditions in dre subject improvemerrts, an the subject site, or on arty site within the immediate vicinity of Ne subject property of which I am aware and have made adjustments for these adverse conditions in my anaysis of Ne ro I had market evidence to support them. I have also commented about Ne effect of the adverse conditions on the marketability of the sub'ectP ro e alue to the extent Nat 1 P P rty 9. I personally prepared all conclusions and opinions about Vre real estate that were set forty in Ne appraisal report. ti I retied on significant professional assistance from arty individual or individuals in the performance of the appraisal or Ne preparation of the appraisal report, I have named such individual(s) and the tasks. INhaveannot authorized arryorte to make a hangs to any temeln INe repoirk Nerefore,rf an unautho etlchange s rymade to Ne appra sal relport, ti ~rform no responsibility for rt. take SUPERVISORY APPRAISER'S CERTIFICATION: B a supervisory appraiser signed Ne appraisal report, he or she cert'rfies and agrees that: I directty supervise the appraiser who prepared the appraisal report, have reviewed the appraisal report, agree with the statements ah conclusions of the appraiser, agree to be bound by the appraiser's certifications numbered 4 through 7 above, and am taking full responsibility for the appraisal and the appraisal report. ADDRESS OF PROPERTY APPRAISED: 125 N 27th St Camo Bill PA 17011 APPRAISER: _.^1 , SUPERVISORY APPRAISER (only if required): Signature: l ~ 1 ~ '~' Name; Dennis L. Stover Signature: Date Signed: January 12 2012 Name: State Certification #. RL 138906 Date Signed: art State License #: State Certification #: State; PA art State license #: Expiration Date of Certrficatian or License: 06/30/2013 State: Expiration Date of Certification or License: ^ Did ^ Did Not Inspect Property Freddie Mac Form 439 6-93 Page 2 of 2 Fannie Mae Form 100486-93 Form ACR - •~nTO7AL• appraisal software by a la mode, inc. - i-800-ALAAgppE M~ ainFigI.No 11-1 sae o ELECTRONIC SIGNATURE COMPLIANCE Wintotal and Project 2000 are fu11yASB {Appraisal Standards Board) compliant in their security. The signatures on this report have not been altered in anyway and the digital signatures are to be considered as original. farm SUP - •WinTOTAI• appraisal software by a la mode, inc. -1•13D0-AtAMODE -- .... .. ~': .. j -- ~'~~; +C otttntomti'eaifir off~~nns~'ft~~nia ~ ~ I _ _ ~~~~~ ,~,;'~ . _; I)epa~i~i~n~,c,,f 5t rrc: ~• 13r,~cau ofPro -° ~' ~ ~~tiro~l anr~°"C~c~trpationai .af'fnirs " t ~ P[7 f3o~` 649%)LrrriS ur - ~ r ,~ r . ~? _ g P i"Y7.I rte-259 r 1 Ccrtitic~teTcPc- ~~ +; r, - - f •' Certified~RasldentialAppraiser ~~~ ~Cc'rtriac~tt Status" ~- i Active ~., -; t ~,... .~ "lniiin! Ccrtit7catiuu Date .,~ .-. . ,, .. DENNiS L STOI'ER - 625 ACEL __ -_ N- Certilicafc ~ ` ~ ~ i12S12003< • U. Si FAIDDLETO,}yj~~,,q 77Qs7-.- ,-, ; ~~rnlber ': 4' _ '-~... RF_13$90fi I':xpiy-atio^"Bate 6 813 012 0 1 3 ~' -- ~~, ~ ~ ~~„~-c`''am ~'~-~- ~--- ~~ :.~ ' ., ' • n_ =~Nw+~i +INM ~wtti Ifkci~.ii 11. -~ ~ - l,f:'. ~] Y-----_..__._~....G i'V'S.r~~~Mff1W _~awwr' ' 'l, Form MAP.PLAT -'WinTOTAL' appraisal software by a Ia mode, inc. -1-800-ALAMDDE U~=tius L. Stover, GTLI~:CSp". PA. Certificci Residgt~sii Rai p~ig~,Aser Gertificatian I~Iitm"ber RL 23$906 CLAUSER REAL ESTA'I`E APPRAISALS, LL'C PO Box 777. Camp Ailf, :PA 17001-0777 Phone (71'2)'37-7300 - Fax (717)730-p922 I~.;itt8i~ address: dsto6ermaxCucomcastziet vv~vw.clauserao~raiasls com. , OITALIFI~ATIO_,~ N~ S_ g~pT 'T20Ne Hacrisbtug.Area conrrriunity Cplle~e` Associate in Business Adrilnisti~Ation CTladuate Realtor Institute ' G.RI Des~natiorr Ncty Home Sales Professional Course. CSI' Designation. Institute ofReal Bstate:Studies USPAP- March_ 1998 USPAP-January 2002 ' Basics of Residential Va~uufrcrn•8c'Salits CoeYj~~y~~.oach-14pri1 Zti02 Basic Income Property Valuation January 2002 Advanct§d Fit"c;ome Property valuation-7anuary2002 Residential Construction-Septemher2002 I~lational USPAP-September 2003 All edittses to cornpiete I?ennsylvania State Rasidential C~ttifirtaEion.. All;continuing education courses to maintain current license SSIONAL MEIVIBEn5 'IP/DFSIGVATTnrr Penusglvania State Certified Resrletttial Real"Estate tlppraiset'~kRL I3$I06 PennsylvaniaRcalEstateSalespezSO~p. iioEUSe.#RS 150605A lYatioBal,As~iation of ftealtors~ ;Pennsylvania Association of Realtors ~(}reater:Harrisburg: Association t~fReaitorstlt Farm MAP.PLAi- "WinTOTAL• appraisal software by a la made, inc. -1.800-ALAMODE REA~: ~C Td.'I'F' F7JCA~'t? 3'Ciitri•e- 2003-Presatt "PA 5fate:Certiifec7R Ciauscc Real Estate Ardentisl Real Estate AlspralsCr, Gwrge C: 2904-Prese~tt, 12ea11ot~; Union Real ~ ~~s •1947-200.3.. Assistantto the A r Y MrddigtOz~,,PA ]~41-2004 Realtor;, R~ PP atser, George C; Ciausec.Real Estate A 1:4$6-1991: ,~ MAXRealty Pxofesszonals, Harrisburg, pq ppratsats Realtor, .~.~Iomestead Group Kealtor,.IiddietcstvnlHattisburg '1'PE$ OF AP~pf•R hrii,:~or ~ r~ r_ _ R~?RT1~1"1y'r~ar SngiePamil y Residericcs, Multi-fauuly~;l:q up1~ Hnd land'.. Aliprar~al sai>%ples upon rogit~st. .API'AAISAIS HAVE`BEET7 GOMpI,ETED FOR: Adams:'Caunty Nat{ona}Bank Allied Horne Mortgage. Capital Co Americhoice FedetahCredit tlnf ~~ NatlonaFCitylCgor~ga9;e. Natlorral PQnn Sank on Centric: Bank NorUSwest Savings-Bank Community FirstFirnd Omega-Bank :First Nat(onal Bank nrrstown Bagk FirstNationatBankirE.Ma vllle Futton,Bank ~ PennsylvaniaStateBack PNC <G-aystone Bank ProNncs Barik ,Hatbortown M ~ Ptudential Relocation `tifegrity:Bank PSPF7nanc(al Jonesfown Bank Sovereign Bank legacy Bank . ..... 5tening Financial Corp, M 8 T Bank W~choula, iutellon Bank Weps t=argo. ..,.. Memberg FGSt Fedarat'Cradit Uriibit Mid Penn bank Membsra.First FederalrCredit Union Metro Bank - Form MAPPLAT - "wnTOTAL' appraisal software by a la mode, inc. -1-800-ALAMODE ---- M .BNo. 11d999n . .,-'--~ ~uu 1 lull 10.04AM WELIS FARGO aDViSaRs ,. June 11, 2012 Ms. Susan E. Lederer 5011 Locust Ln Harrisburg 1'A 17109 RE: Estate of Matilda S_ Enders Dear Ms. Lederer: w2-s Fargo Advisors, LLC Three Lemoyne Drive Lemoyne, PA 17043 Tel: 727.7617344 Fax:717-975-8~C Toll Free: 800468-8685 Please be advised that at the time of Matilda S. Enders' depth on 10/29/ 11, she maintained a trust account at Wells Fargo Advisors. Title: Donald E. Enders & Matildp S. Enders Survivors Trust Matilda S. Enders TTEE Opened: p1/p3/2005 Successor Trustees: Kathleen E. Sellers & James Enders The only position in the ^ggaunt was money market asset funds (cash). The account was valued at X120,931.32. Money market int/div of ,$1.04 was Eapid to the account an 10/31 /11. If we can provide additional information, please cal[. Respectfully, Shelly A. Weibley Senior Registered Glient Associate THE INFORMATION CONTAINED HER81N HAS BEER OBTAINED FROM SOURCES BELIEVED RE1.tA8LE 8UT NOT NECESSARILY COMPLETE ANb CANNOT SF GllARANTEEQ. TNtS REPORT tS ~fOT TAB OFFICIAL R~CBRD OF YOUR ACCOUNT. YOUR WELLS FARGO ADVISORS CLIENT STATEMENT 15 THE; OFFICIAL RECORD OF YOUR ACCOUNT. Member FINRPJ5IPC xogether we'Il go far -~