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HomeMy WebLinkAbout02-02-15 1505610105 REV-1500 EX(02-11)IN)tj!j! OFFICIAL USE ONLY PA Department of Revenue pennsytvania Bureau of Individual Taxes County Code Year File Number PO BOX 28o6oi INHERITANCE TAX RETURN Harrisburg,PA 17128-o6o1 RESIDENT DECEDENT ENTER DECEDENT INFORMATION BELOW 11/27/2012 03/1711931 Decedent's Last Name Suffix Decedent's First Name Mi Boenzli Betty M (if Applicable)Enter Surviving Spouse's Information Below Spouse's Last Name Suffix Spouse's First Name MI Boenzli Gabriel E Spouse's Social Security Number THIS RETURN MUST BE FILED IN DUPLICATE WITH THE REGISTER OF WILLS FILL IN APPROPRIATE OVALS BELOW CMD 1.Original Return C=:) 2.Supplemental Return O 3, Remainder Return(Date of Death Prior to 12-13-82) M 4.Limited Estate C) 4a.Future Interest Compromise(date of C=) 5. Federal Estate Tax Return Required death after 12-12-82) CC 6.Decedent Died Testate Cid 7.Decedent Maintained a Living Trust U 8. Total Number of Safe Deposit Boxes (Attach Copy of will) (Attach Copy of Trust.) C=) 9.Litigation Proceeds Received C=:) 10.Spousal Poverty Credit(Date of Death C= 11. Election to Tax under Sec.9113(A) Between 12-31-91 and 1-1-95) (Attach Schedule O) CORRESPONDENT- THIS SECTION MUST BE COMPLETED.ALL CORRESPONDENCE AND CONFIDENTIAL TAX INFORMATION SHOULD BE DIRECTED TO: Name Daytime Telephone Number David A. Peckman, Esq. (610)825-9000 REG&fEFV0F WILLSS ON�Y, First Line of Address r 29 Mainland Road Second Line of Address � ;-7 City or Post Office State ZIP Code �DATEFILFILER)R) Harleysville PA 119438 r Correspondents e-mail address:david@peckmanlaw,com Under penalties of perjury,I declare 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. SIGN E PER' RE PONSI FILING j�EjfURN / DAT ADDRESS X/ 35221 Riverside Drive, lbany, OR 97321 SIGNAT E OF P'REPARER R THAN REPRESENTATIVEDATE ADDRESS 29 Mainland Road, Harleysville, PA 19438 PLEASE USE ORIGINAL FORM ONLY Side 1 1505610105 1505610105 J 1505610205 REV-1500 EX(FI) RECAPITULATION 1. Real Estate(Schedule A). ............................................ 1. 0.001 2. Stocks and Bonds(Schedule B) ....................................... 2. 0.00 3. Closely Held Corporation,Partnership or Sole-Proprietorship(Schedule C) ..... 3. 0.00 4. Mortgages and Notes Receivable(Schedule D)........................... 4. 0.00 5. Cash,Bank Deposits and Miscellaneous Personal Property(Schedule E)....... 5. 0.00 3,707.01 6. Jointly Owned Property(Schedule F) C1 Separate Billing Requested ....... 6. Schedule G O Separate Requested. 7. 7. Inter-Vivol Transfers&Miscellaneous Non-Probate Property ( ) p 9 q 0.00 8. Total Gross Assets(total Lines 1 through 7)............................. 8. 3,707.01 9. Funeral Expenses and Administrative Costs(Schedule H)................... 9. 0.00 10. Debts of Decedent,Mortgage Liabilities and Liens(Schedule 1)........... 0.00 I 11. Total Deductions(total Lines 9 and 10)................................. 11. 0.00 12. Net Value of Estate(Line 8 minus Line 11) .............................. 12. 3,707.01 13. Charitable and Governmental Bequests/Sec 9113 Trusts for which an election to tax has not been made(Schedule J) ........................ 13. . 0.00 14. Net Value Subject to Tax(Line 12 minus Line 13) ........................ 14. 3,707.01 TAX CALCULATION-SEE INSTRUCTIONS FOR APPLICABLE RATES 15. Amount of Line 14 taxable at the spousal tax rate,or transfers under Sec.9116 (a)(1.2)X.0 0 1,853.50 15.1 0.00 16. Amount of Line 14 taxable at lineal rate X.0 45 1,853.51 16. 83.41 17. Amount of Line 14 taxable1 ; at sibling rate X.12 0.00 � 17.1 0.00 j 18. Amount of Line 14 taxable 0.00 at collateral rate X.15 0.00 18. 19. TAX DUE.. ....... ....................... 19. 83.41 20. FILL IN THE OVAL IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT p Side 2 1505610205 1505610205 REV-1500 EX(FI) Page 3 File Number Decedent's Complete Address: DECEDENT'S NAME Betty M. Boenzli STREETADDRESS 130 Pin Oak CITY STATE ZIP Carlisle PA 17015 Tax Payments and Credits: 1. Tax Due(Page 2,Line 19) (1) 83.41 2. Credits/Payments A.Prior Payments 83.41 B.Discount 0.00 Total Credits(A+B) (2) 83.41 3. Interest (3) 0.00 4. If Line 2 is greater than Line 1+Line 3,enter the difference. This is the OVERPAYMENT. Fill in oval on Page 2,Line 20 to request a refund. (4) 0.00 5. If Line 1+Line 3 is greater than Line 2,enter the difference.This is the TAX DUE. (5) 0.00 Make check payable to: REGISTER OF WILLS,AGENT. PLEASE ANSWER THE FOLLOWING QUESTIONS BY PLACING AN "X" IN THE APPROPRIATE BLOCKS 1. Did decedent make a transfer and: Yes No a. retain the use or income of the property transferred........................................................................I.............. 0 El b. retain the right to designate who shall use the property transferred or its income........................................... 0 0 c. retain a reversionary interest............................................................................................................................. F❑I E d. receive the promise for life of either payments,benefits or care?...........................__.................................... ❑ 2. If death occurred after Dec.12,1982,did decedent transfer property within one year of death without receiving adequate consideration?.........................__.........................__..............._........................_... F-1 E 3. Did decedent own an"in trust for'or payable-upon-death bank account or security at his or her death?.............. 4. Did decedent own an individual retirement account,annuity or other non-probate property,which contains a beneficiary designation? ............................................................................._...................................... F-1 E IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES,YOU MUST COMPLETE SCHEDULE G AND FILEITAS PART OF THE RETURN. For dates of death on or after July 1,1994,and before Jan.1,1995,the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is 3 percent[72 P.S.§9116(a)(1.1)(i)]. For dates of death on or after Jan. 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is 0 percent [72 P.S.§9116(a)(1.1)(ii)].The statute does not exempt a transfer to a surviving spouse from tax,and the statutory requirements for disclosure of assets and filing a tax return are still applicable even if the surviving spouse is the only beneficiary. For dates of death on or after July 1,2000: • The tax rate imposed on the net value of transfers from a deceased child 21 years of age or younger at death to or for the use of a natural parent,an adoptive parent or a stepparent of the child is 0 percent[72 P.S.§9116(a)(1.2)]. • The tax rate imposed on the net value of transfers to or for the use of the decedent's lineal beneficiaries is 4.5 percent,except as noted in V2.P.S.§9116(a)(1)]. • The tax rate imposed on the net value of transfers to or for the use of the decedent's siblings is 12 percent[72 P.S.§9116(a)(1.3)].A sibling is defined, under Section 9102,as an individual who has at least one parent in common with the decedent,whether by blood or adoption. REV-15og EX+(o1-1o) pennsytvania SCHEDULE F DEPARTMENT OF REVENUE INHERITANCE TAX RETURN JOINTLY-OWNED PROPERTY RESIDENT DECEDENT ESTATE OF: FILE NUMBER: Betty M. Boenzli 2113-0866 If an asset became jointly owned within one year of the decedent's date of death,it must be reported on Schedule G. SURVIVING JOINT TENANT(S)NAME(S) ADDRESS RELATIONSHIP TO DECEDENT A.Gabriel E.Boenzli :130 Pin Oak,Carlisle,PA 17015 Husband Gabriel H. Boenzli 35221 Riverside Drive,Albany,OR 97321 Son B. C. JOINTLY OWNED PROPERTY: LETTER DATE DESCRIPTION OF PROPERTY % DATE OF DEATH ITEM FOR JOINT MADE INCLUDE NAME OF FINANCIAL INSTITUTION AND BANK ACCOUNT NUMBER OR SIMILAR DATE OF DEATH DECEDENT'S VALUE OF NUMBER TENANT JOINT IDENTIFYING NUMBER.ATTACH DEED FOR JOINTLY HELD REAL ESTATE. VALUE OF ASSET INTEREST DECEDENTS INTEREST 1. A. 03/25/02 Fulton Bank checking account#3622-22969 11,121.02 33 3,707,01 ----------- TOTAL(Also enter on Line 6, Recapitulation) $ 3,707.01 If more space is needed,use additional sheets of paper of the same size. REV-1513 EX+(11-08) pennsytvania SCHEDULE DEPARTMENT OF REVENUE INHERITANCE TAX RETURN BENEFICIARIES RESIDENT DECEDENT ESTATE OF FILE NUMBER Betty M. Boenzli 2113-0866 RELATIONSHIP TO DECEDENT AMOUNT OR SHARE NUMBER NAME AND ADDRESS OF PERSON(S)RECEIVING PROPERTY Do Not List Trustee(s) OF ESTATE I TAXABLE DISTRIBUTIONS[Include outright spousal distributions and transfers under Sec.2116(a)(1,2).] F 1. Gabriel E.Boenzli 50%—Ofwt=j:acct]i jo� 15 72. Gabiiel H.Boenzli Son L 0% =LO/,_ofjoinLacct F1 C.__. . ___.. ❑ -�A L1 F _ _� - F] F L-7-I- F1 I ❑ ❑ F� I El L ❑ E.-A= ENTER DOLLAR AMOUNTS FOR DISTRIBUTIONS SHOWN ABOVE ON LINES 15 THROUGH 18 OF REV-1500 COVER SHEET,AS APPROPRIATE. II NON-TAXABLE DISTRIBUTIONS: A. SPOUSAL DISTRIBUTIONS UNDER SECTION 2113 FOR WHICH AN ELECTION TO TAX IS NOT TAKEN ❑ rp B. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS TOTAL OF PART II-ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV-1500 COVER SHEET. If more space is needed,insert additional sheets of the same size. pennsyluania BUREAU OF INDIVIDUAL TAXES NOTICE OF INM6RI7ANCE TAX DEPARTMENT OF REVENUE INHERITANCE TAX DIVISION APPRAISENENT, ALLOWANCE OR DISALLOWANCE 2 PO lox 280601 OF DEDUCTIONS, AND ASSESSNSNT OF TAX ON REV 184E EX AFP t12-125 HARRISPURG PA 17129-0601 JOINTLY HELD OR TRUST ASSETS DATE . 09.10-2013 ESTATE Of �OEN'ZLI BETTY M DATA. Of DEATH '1Z-2T-201? 'FILE''409'E1R 21 13-0866 DOUNTY CU,44ERLAND ' SSN/pC ' GA13RIEL H tOFNZt,1 ACN 1�4'�7271 35221 RIVERSIDE. DR SW AF'F'EAL' BY DATEt1:J,-09-2DIS ALBANY OR 97321-9408 ' (,See 'e aide under ander Obj6'ctinnsj Amount Remitted F— MAKE CRECK PAYABLE AND REMIT PAYMENT TOe REGISTER OF WILLS 1 COURTHOUSE SQUARE CARLISLE PA 1.7013 GUT ALONG THIS. L�Nt:. --},..�RfTA X-LOWER PORTInN FOR- YOUR•-REe-e-R s � ._.... .-- ................................................................ REV-1548 EX AFP C12-12] NOTICE OF INHERITANCE TAX APPRAISEMENT, ALLOWANCE OR DISALLOWANCE OF DEDUCTIONS,. AND A,SS:ESS,MENT OF TAX ON JQXNTLY FIELD ,CSR TRUST ASS TS DATE.t 09-10.2013 ESTATE OFiBOENZLI BETTY M DATE OF DEATH:11-27-2012 COU'NTYrCVMBERLAND FILE NO. : 21 13-IDg6'6 . S.S/D..C.. 8-24-4711 NO. t �0 ACFFt 1SY27211, . . , TAX R'ETUR.N' WAS:. CFC') -AOC,50M AS'PiL.ED .C ).QHANU;-EP . i. ATAT. Olt fnT'.;ASSET. ! FINANCIAL tNSTITU9TI•O!N:­FgLT0N .BANK NAA4GdUht+T ,JVO. t 22 22:96 TYPE Of ACgOVNT: C )SAV IN.%S {')C! Ci4IFC.K1Nq, (4CRUST .'t,•)T.,;M,g C -;F1,CAT'E D'Aij 'ZtT0LIS14ED'.03-25=2'b!02' .; Account Balance ]1 ,121...02 NOTE: T'O ZNSViRE P'ROPER CREDIT TO Percent Taxable YOUR ACCOUNT, , SWBMIT THE Amount SubJect to Tax 148,53.54 UPPER PORTION OF TRIS NOTICE Debts en.d Deductions - _00' WITH YQ+UR TAX PAYMENT TO TH8 Taxable Amount 1,853.554 REGISTER OF WXLLS AT THE Tax Rata Y .Q4� ABOVE AD-ARESS, MAKE CHECK Tax Due _ 83.45 0A MONEY ORDER PAYABLE Tdt TAX CRED'ITSt _.WILLS, .�ARk,N.T,." PAYMENT REC91PT DISCOUNT C+) At4RUNT 'PAZD DATE 0mtsR INTEREST/PEN PAID C-) 08.05.2013 CD018000 .OQ 85.41 TOTAL TAX PAYMENT 83.41 BALANCE OF TAX 0.94 .00 INTEREST AND PEN.- .00 'TOTAL FU—.E --- IF PAID, AFTER THIS DATE, SEE RCV6RSR FOR CALCULATION OF ADDITIONAL INT£REQT. x ?"! i THE GABRIEL E.BOENZLI AND BETTY M.BOENZLI REVOCABLE LIVING TRUST AGREEMENT DATED: �A,�,Vch 2 g ,2C7 BETWEEN: GABRIEL E.BOENZLI AND BETTY M.BOENZLI,, AS SETTLOR—b AND: GABRIEL E. BOENZLI AND BETTY M.BOENZLI, GABRIEL E. BOENZLI AND BETTY M. BOENZLI, residents of the Commonwealth of Pennsylvania, County of Cumberland,do hereby establish a Trust upon the conditions and for the purposes hereafter set foriri, AR �� _ICIzIIs:ONr Section 1.01 TL-p Estate.Defined This Revocable Trust is formed to hold title to real and personal property for the benefit of the Settlors of i–� this Trust and to provide for the orderly use and transfer of these assets upon the death of the Settlors_ The "Trust Estate"is defined as all property transferred or conveyed to and received by the Trustee held pursuant to the terms of this instrument. The Trustee is required to hold,administer, and distribute this property as provided in t1tis'i rust Agreemr;nft. Section 1:02 Det9nittons As used in this'frust Agreement; 1. The term"Husband"shall mean GABRIEL E. BOENZLi. 2. The terra"Wife"shall mean BETTY M. BOENLb., 3. The term"Settlor"shall refer individually and collectively to Husband and d�_ 4. The term "Descendant" shall mean the lawful issue of a deceased parent in the line of descent, but does not include the issue of any parent who is a descendant of the deceased person in question and who is living at the time in question, 5. The terms"Child"and"Descendant" include any issue born to decedent, a child legally adopted by the decedent,and a posthumous child of decedent. A posthumous child is to be considered as living at the time of his or her.narent�s aeat 6. The terra"Survives"or"Surviving",unless otherwise indicated herein,shall be construed to mean:surviving the decedent for at least sixty(60)days_ If the person referred to dies within sixty (60) days of the death of the decedent, the reference to him or nisi,Yi r bs RYV C"r3►_1-3LF LTWIG T-RITIST .fit RVV—V, �6';,�- construed as if he or she had failed to survived the decedent; provided,however, that any such person will have,during such period,the right to the use and enjoyment as a life tenant of all property in which his or her interest will fail by reason of death during such period. T The term "Issue" will include all natural and adopted children, if applicable, anti descendants and those legally adopted into the line of descent. g. The term "Per Stirpes" means strict per stirpes and does not mean per capita with representation. Beneficiaries entitled to take under a"per stirpes"clause will include botn natural and adapted children and their descendants. 9. Theterms"Trust Assets"and"Trust Estate"include al l assets of any trust created hereunder and income derived from such assets and all proceeds of any description derived from the sale,exchange,or other disposition of such assets.. 10. When required to give reasonable effect to the context in which used, pronouns in itle masculine, feminine, or neuter gender include each other,and nouns and pronouns in the plural or singular number include each othe€:._ D-s.ganon Husband and wife are hereby designated as Co-Trustees. The Co-Trustees shall serve jointly and severalty and either shall have full authority to act for the Trust independently. Should either husband or wife become unable because of death,incapacity,or other cause to serve as a Co-Trustee,or should either resign as Co- Trustee before the natural termination of this Trust, the remaining Co-Trustee, husband or wife, shall thereafter serve as sole Trustee. The term"Trustee"as used in this Trust Agreement shall refer collectively to husband and wife so long as they serve as Co-Trustees,to the spouse who serves as the sole Trustee, and/or to any Successor Trustee who assumes the role of Trustee. These Trustees shall serve in the order as provided in Section 9.01 of this Trust Agreement, Section 1.04 Additions to Trust properties 1. The Trustee, at any time during the continuance of this Trust in his or her sole discretion after consideration of the possible tax consequences to all concerned, is authorized to receive into the Trust additions of cash and other properties from any source whatsoever, whether by gift,will,or otherwise. However,the Trustee shall accept all assets which any person or persons may give,devise,or bequeath by Last Will and Testament to this Trust, and shall accept all assets transferred to this Trust pursuant to the provisions of any other Trust document or documents. 2: In addition,any person or persons may designate this Trust as the Beneficiary, Primary or Contingent,of any death benefits to include insurance benefits,pension benefits,or other benefits. Until such benefits mature,the Trustee shall have no responsibility with respect to those benetns.. e-4ion 1.05.A�olnTEF1�PM. The Trustee of ARM Trust is directed to apportion receipts and expenditures of the types described below between principal and income as foiiav�.. REVOCABLE LIMING TRUST AGREEMENT p�=c C I, Whenever the principal,or any part thereof,of the Trust property is invested in securities purchased at a premium drat a discount,any premium will be charged against principal and any discount will be credited to principal; 2. Any stock dividends and rights to purchase additional stack issued on securities held in trust will be treated as principal. All other dividends,except liquidating distributions, will be vvi snrnMe�Ron 3. The amount of any applicable depletion allowance for federal income tax purposes will be sr—wmd v M-—C. Section 5.06 Administration of Trust During Our Lifetime During,our lifetime,the trust shall be held and administered as follows: 5. All property and other assets transferred to this trust shall be allocated to and held in separate shares,the first such share being designated the"Gabriel E.Boenzli Trust-Share' and the second share being designated the"Betty M. Boenzli Trust Share". 2. Each Grantor's separate Trust,Share shall be composed of the assets as follows; a. The Grantor's one-half interest in jointly held property transferred to the`frust;and b. The Grantor's individually owned property which is transferred to the Trust. While each share shall be held and administered separate from the other, for tax and accounting purposes,the Trustee is authorized to hold or invest the separate shares in common investments and - - p Nets. 3. The Trustee shall pay to or apply for the benefit of GABRIEL E.BOENZLI all of the net income of the GABRIEL E. BOENZLI Trust Share. in convenient nstahments_ nor v` often than quarter-annually,and in addition thereto, shall pay so much of the income and principal of such Trust Share to or for the benefit of GABRIEL E. BOENZLI as he may direct from time to time,or in the absence of a direction,as the Trustee may determine to be advisable for his medical care,support,maintenance,and general weiia_r-e. 4. The Trustee shall pay to or apply for the benefit of BETTY M. BOENZLI all of the net income of the BETTY M.BOENZLI Trust Share in convenient installments,not less often than quarter-annually,and in addition thereto,shalt pay so much of the income and principal of such Trust Share to or for the benefit of BETTY M.BOENZLI as she may direct from time to time,or in the absence of a direction,as the Trustee may determine to be advisable for her medical care,support,maintenance,and general welrare, All property that a Settlor transfers to the Trustee pursuant to this instrument which was community property, quasi-community property, or separate property at the time of the transfer shall remain respectively community property, quasi-community property, or the separate property of the Settlor transferring such property to the Tkms�, REVOCABLE LIVING TRUST AGREEMENT Community and quasi-community property transferred to the.Trustee by the Settlors shall be their community property and treated as such. This property,as invested and reinvested, together with the rents, issues, and profits therefrom (hereinafter referred to as the "Community Estate"or the"Community Property")shall retain its character as community property during the joint lifetimes of the Settlors in spite of any change in the situs of the Trust,subject, however,to the provisions of this agreement. Section 1.07 Discretionary T errningjL n The Trustee may terminate any Trust when, in the opinion of the Trustee,the principal is reduced to such an extent that it is not in the best interest of the Beneficiary or Beneficiaries to continue the Trust: The judgment of the Trustee with respect to this decision to terminate will be final and not subject to judicial review. if the Trustee terminates a Trust according to this Section, the date the Trust terminates will be deemed the date fixed for termination of the Trust, and the Trustee will distribute the assets of the terminating Trust to the Beneficiary or Beneficiaries pursuant to this Agreement. Section 1.09 Amendment and Revocation. We hereby retain the following powers,exercisable at any time during our iifetimes: I. To withdraw any of the property included in our separate share of the Trust Estate by giving the Trustee written notice specifying the property so withdrawn,in which event,the Trustee shall promptly transfer and deliver such property to us or our aesig .ee. 2. To amend the provisions of this Trust declaration in any respect without the necessity of securing the consent of the Trustee to such changes, in which event, a copy of the amendment shall be promptly furnished to the Trustee;provided,however,that following the death of one of us,the survivor shall have no power to amend the terms of the frust declaration with respect to the.Trust Share of the first of us to die. 3. To revoke this Trust by giving the Trustee written notice of such revocation,in which event, the Trustee shall promptly transfer and deliver the property constituting the Trust Estate to us or our designee together with an accounting therefore;provided,however,that following the death of one of us, the survivor shall have no power to revoke the terms of the Trust declaration with respect to the Trust Share of the first of us to die. Section 1.03 Revocgtion or Alteration by Settlor Alone The rights of revocation, withdrawal, alteration, and amendment reserved in this Article may only be exercised by the Settlor and may not be exercised by any other person,including an agent, a guardian, or a Ss_.mss. ?.. y> dbi i ire, Except as otherwise provided,on the death of either Settler,the designation.of Beneficiaries of specific gifts in this Trust shall become irrevocable and not subiect to amendment or modif.ecati,pr REVOCABLE LIVING TRUST AGREEME N'r The surviving Settlor shall be the Trustee unless and until he or she resigns in writing or is determined incompetent under the terms provided herein. The surviving Settlor shall retain all absolute rights to discharge or replace any Successor Trustee of any portion or share of the Trust which is revocable by the surviving Settlor so long as the Settlor is cornpemp-n-L AF QCT E TWO . h 4 ^ During thejoint lives of the Settlors, the Trustee shall at least annually;unless otherwise directed by both Settlors in writing,pay to or apply for the benefit of husband and wife,all of the net income from the Trust Estate in the same proportions as each of the spouse's respective interests in the Trust Est"tw, Section 102 Protection of Settlor in went of int a£= During the Joint lives of the Settlors,should either Settlor betaine incapacitated as defined in lection 2.43 below,the Trustee may,in the Trustee's absolute discretion,pay income and principal for the benefit of the incapacitated Settlor. In addition,the Trustee, in his or her absolute discretion,may pay to or apply,for the benefit of that Settlor,such sums from the net.intone and fronn the principal of the Settlor's separate Estate as the Trustee believes is necessary or advisable for the medical care,comfortable maintenance,and welfare of the Settlor.: € •c•,, +3�IM gcFiy 1, A person Is determined to be incapacitated if any Trustee or Beneficiary hereunder comes into of any of uh-c ice an a.. A jurisdictionally applicable:court order holding the party to be legally incapacitated to act on his or her behalf and appointing a guardian or conservator to act for him or her; or b. Written certificates which are duly executed,witnessed,and acknowledged of two licensed physicians,each certifying that the physician has examined the person and has concluded that, by reason of accident, mental deterioration,or other cause, such person has become incapacitated and can no longer act rationally and prudently in his or her own financial test interest;Or C. Evidence which such.Trustee or Beneficiary deems to be credible and currently applicibie that.a person has disappeared, is unaccountably absent,or is being detained under duress, and that he or she is unable to cffcctivcly and prudently took after his or her own 'best interests,there in that event and under those circumstances. ?} Such person is deemed to have become incapacitated, as that term is used in this Trust agreement,wid 2) Such incapacity is deemed to continue until such court order,certificates,and i or circumstances are inapplicable or have been REVOCABLE L"G TRUST AGREEMEM-l' pa��„ 2. A physician's certificate to the effect that the person is no longer incapacitated shah revoke a certificate declaring the person incapacitated. The certificate which revokes the earlier certificate may be executed by either the original certifying physician or by two other licensed,board certified physicians. No Trustee shall be tinder any duty to institute any inquiry into a person's possible incapacity. The reasonable expense of any such inquiry shall be paid from the Trust Section 2 Princi al in 'asibti During the joint lives of the Settlors,should the net income of assets contained in this Tnist be insuMcient to,provide for the care, maintenance, or support of the Settlors as herein defined,the Trustee may., in the Trustee's sole and absolute discretion,pay to or apply for the bcnefit ofthc Settlors or either of them,or any of their dependents,such amounts from the principal of the Trust Estate as the Trustee deems necessary or .advisable for the we,maintenance,or support of the Senior.. is.[..Z4c_". 2.05 e3dCdngi If the Settlor's residence Propel is a part of the Trust, the Settlors shall have possession of and fuh management of the residence and shall have the right to occupy it free of rent. Any expenses arising from the maintenance of the property and from all taxes, liens,assessments,and insurance premiums, are to be paid from the Trust to the extern that assets are available for payment. it is the intent of the Settlors to retain all homestead rights available to thein tinder the applicable state lam. AIRMICLE THREE Section 3.01 Provisions After The rust ueabi On the death of either Settlor leaving the other Settlor surviving him or her, the Trustee shall collect all insurance proceeds payable to the Trustee by reason of such death and all bequests and devises distributable The surviving sponse may, at any time by written notice, require the Trustee either to matte any nonproductive property of this`!"rust productive or to convert productive property to nonproductive property, each within a reasonable time. The surviving spouse may further require the Trustee to invest part or all of this share of Trost Assets for the purpose of maximizing income rattier than growth or growth rattier fhan inane. I. Upon the death of either Settlor, if the deceased Settlor is survived by the other Settlor, the deceased's individual Trust Share,including any additions made by reason of the deceased Setilor's death,shall be divided into two s"na=�. 2. The Trustee, in his or her sole,-discretion,may defer the division or distribution of the deceased's individual Trust. Share until six months after the deceased Trustor's death. If the division or distribution of the deceased's individual Trust Shares is so deferred, the deferred division or distribution shalt be made as if it had taken place at the time prescribed above. In addition,all rionb REVOCABLE LIVING TRUST AGREEINMNT f�_ jr!�� fhch5tlt eim"J". the. —Y be added from the K"nim-60-, i-ernti-I fAiii W. 'hz Trurtcc :h�!! d:-.-AZ!h: ,ft.4e inil4i;rhini Triiet Cham into separate shares(hereinafter designated as"Share A"and"Share B" Share B shall be composed of cash, securities, and/or other property of the deceased's individual Trust Share(undiminished by any estate, inheritance.,succession,death,or similar taxes)having a value equal to the maximum marital deduction as finally determined in the Predeceased Spouse's federal estate tax proceedings, less the aggregate amount of marital deductions, if any, allowed for such estate tax purposes by reason of property or interest in property passing or which have passed to the Surviving Spouse otherwise than pursuant to the provisions of this paragraph;provided,however,that the amount of Share B hereunder shall be reduced by the amount, if any, needed to increase the Predeceased Spouse's taxable estate (for federal estate tax purposes) to the largest amount that, after allowing for the unified credit against federal estate tax and the state death tax credit against such tax(but only to the extent that the use of such state death tax credit does not increase the death tax payable to any state),will result in the smallest(if any)federal estate tax being imposed on the Predeceased Spouse's estate. The term "Maximum Marital Deduction" shall not be construed as a direction by the Predeceased Spouse to exercise any election respecting the deduction of estate administration expenses,the determination of the estate tax valuation date, or any other tax election which may be available under any tax laws, only in such manner as will result in a larger allowable estate tax marital deduction than if the contrary election had been made. The Trustee shall have the sole discretion to select the assets which shall constitute Share B. In no event,however,shall there be included in Share B any assets or the proceeds of any asset which will not qualify for the federal estate tax marital deduction. Share B shall be reduced to the extent that it cannot be created with such c!ualifving assets. The Trustee shall value any asset selected by the Trustee for distribution in kind as a part of Share B at the value of such asset at the date of distribution of such asset. The balance of the deceased's individual Trust Share,after the assets have been selected for Share B.shall be allocated to Share A. Share A and Share B shall be administered and distributed as hereinafter set forth. Section 3.04 Credit Shelter Trust If either of the Settlors survives the other.the Trustee shall set apart and hold as a separate trust(the"Credit Shelter Trust")the assets referred to as Share A in Section 3.03 above. The Trustee shall hold, manage, invest,and reinvest the assets of this Credit Shelter Trust,shall collect the income therefrom,and shall pay the net income to or for the benefit of the surviving Settlor in convenient installments at least quarter- annualiv;provided,however,that thesurviving Grantor may elect to pass any portion of said income to the remainder Beneficiaries of the Trust. to addition, the Trustee may pay to or for the benefit of the surviving Settlor for the health, education, maintenance,or support of the surviving Settlor,any part or all of the principal of this Trust,as the Trustee may determine in its sole discretion,without considering other resources available to the surviving Settlor. REVOCABLE LIVING TRUST AGREEMENT page 7 he surviving Settlor shall have the right to demand and receive,from the principal of this Trust in each of its fiscal years,the greater of five thousand dollars($5,000.00)or five percent(5%)of the fair market value of such principal determined as of the last day of such fiscal year. Such right shall lapse to the extent it is not exercised in any year. Any commission payable with respect to principal so withdrawn shall be charged against such principal. No person,who at any time is acting as Trustee hereunder,shall have any power or obligation to participate in any discretionary authority which the Settlor has given to the Trustee to pay principal or income to such person, or for his or her benefit or in relief of his or her legal obligations; provided, however,that if an individual Trustee has discretion to invade principal for himself or herself and such discretionary authority is Limited by an ascertainable standard,then such Trustee may invade principal(if limited by such standard) for himself or herself, but not in relief of his or her legal obligations. The plan of distribution and all terms of this Credit Shelter Trust shall be irrevocable and unamenable at any time after said Credit Shelter Trust comes into being. The Credit Shelter Trustee(s)shall invest the assets of the Credit Shelter Trust to produce a reasonable income for the benefit of the surviving Grantor without subjecting the principal to unreasonable risk of loss. The Credit Shelter Trustee(s)shall be authorized and empowered to invest,reinvest,manage,transfer,and convey any and all property held in this Credit ShelterTrust,including all powers now or hereafter conferred upon Trustees by applicable state law, and also those power appropriate to the orderly and effective administration of the Trust. The Credit Shelter Trustee(s)shall make a written accounting to all income and remainder Beneficiaries or to their guardians at least annually and at the time that all assets of this Credit Shelter Trust are distributed. Said accounting shall consist of a record showing assets on hand at the time of the last accounting, plus additions,minus expenses and distributions,which shall equal current assets on hand. The Credit Sheiter rustee(s) shall not be required to obtain authority or approval of any court in the exercise of any power conferred upon the Trustee(s), nor shall said Trustee(s)be required to make accountings or reports to any court, i,rpon the death of the surviving Settlor,any accrued income shall be paid to the estate of the surviving Settlor and the remaining principal of this Credit Shelter Trust shall be held, administered, and disposed of in accordance with the dispositive provisions of this agreement. Section 3.05 Qualified_Terminable Interest Trust If either of the Grantors survives the other and there are assets allocated to Share B described in Section 3.03 above, then the Trustee shall set apart said assets and hold them as a separate trust (the "Qualified Terminable Interest Trust"). The Trustee shall hold,manage,invest,and reinvest the assets of this Qualified Terminable Interest Trust, shall collect the income therefrom, and shall pay the set income to or for the benefit of the surviving Grantor in convenient installments at least quarter-annually. Upon the surviving Grantor's death,any accreted,undistributed income shall be distributed to said surviving Grantor's estate. The remaining principal shall be added to and become partof the Credit Shelter Trust and shall be held and administered and disposed of in accordance with the plan of distribution for the Credit Shelter Trust as provided in Sections 3.04 and 4.03,after provision has first been made for the payment of any estate,inheritance,transfer,succession,or other death taxes,payable by reason of the inclusion of the value of the Trust property in said surviving Grantor's estate. I--EVOCABLE LIVING TRUST AGREEMENT Pale it `'he Trustee(s) of the Qualified Terminable Interest Trust are hereby authorized, in the Trustee(s) sole discretion,to determine whether to elect(under Section 2056(b)(7)of the Internal Revenue Code)to qualify all or a specific portion of the Qualified Terminable Interest Trust created herein for the foderal estate tax marital deduction. The Trustee(s)of the Qualified Terminable Interest Trust,in exercising such discretion, shall attempt to minimize,or eliminate if possible,the federal estate tax payable by the estate of the decedent spouse's estate. However,if the Trustee(s)of the Qualified Terminable Interest Trust determine that it is in the best interest ofthe persons who may receive any assets after the decedent spouse's death and after the surviving Grantor's death to pay some federal estate tax in the decedent spouse's estate,taking into consideration any other tax that is to be paid because of the decedent spouse's death and the surviving Grantor's death,and any income tax liability that may be affected by the election,the Trustee(s)of the Qualified Terminable Interest Trust may elect to take a marital deduction that does not reduce the tax to zero if the payment of the tax will not jeopardize the ability of the Qualified Terminable Interest Trust to provide the surviving spouse with the level of support and maintenance contemplated by this Declaration of Trust_ The decision of the Qualified Terminable Interest Trustee(s)to make this election shall be final and binding on all persons. The Trustee(s) of the Qualified Terminable Interest Trust is(are) authorized and empowered to invest, reinvest,transfer, and convey any and all property held in this Qualified Terminable Interest Trust. This includes all power now or hereafter conferred upon Trustees by applicable state law,and also those powers appropriate to the orderly and effective administration of the'frust. The Trustee(s)shall snake a written accounting to the surviving Grantor at least annually and shall make a written accounting to all remainder Beneficiaries at the time that all assets of this Qualified Terminable Interest Trust are distributed. Section 3.06 Power to Appoint Agents The surviving spouse shall have the right to retain an accountant and I or an attorney at law for professional services on behalf of the Trust Estate or Estates herein. The surviving spouse shall not be responsible for the acts of such agents beyond his or her obligation to use reasonable care in the selection of such agents. .Section 3.07 Maximum Marital Deduction Except as otherwise expressly stated herein,the term"Maximum Marital Deduction"shall not be construed as a direction by the deceased Settlor to exercise any election respecting the deduction of Estate administration expenses,the determination of the Estate tax valuation date,or any other tax election which may be available under any tax laws, only in such manner as will result in a larger allowable Estate tax marital deduction than if the contrary election had been evade. Section 3.08 Trust Income After The First Death following the death of either Settlor and until the death of the surviving Settlor,the Trustee shall,at least annually,pay to or apply for the benefit of the surviving Settlor all of the net income from the Trust Estate. Section 3.09 Simultaneous Death If the Settlors should die under circumstances which would render it doubtful as to which Settlor died first, it shall be conclusively presumed for the purposes of this Trust that Gabriel E.Boenzli died first.. If any other REVOCABLE LMNG TRUST AGREEMENT Page 9 i 'atneftciary and a Settlor should die under such circumstances,it shall be conclusively presumed that.the Beneficiary predeceased such Settlor. Section 3.10 Last Expenses Upon the death of each of the Settlors,the Trustee of this Trust may, in its discretion,pay any part of or all of the funeral and burial expenses, probate claims, administration expenses, and any estate, inheritance, succession,or other death taxes,which are payable as a result of the death of each of the Settlors,out of that portion of the Trust Estate constituting the deceased Settlor's separate Trust Share. The Trustee may make any such payments directly to the creditors or taxing authority in question.or may remit funds to the personal representative of the Estate of the deceased spouse for such payments. ARTICLE FOUR Section 4.01 Common Pot Trust ,fit the death of the Surviving Settlor,the Trustee shall not create a Common Pot'frust. All of the Trust Estate that has not been distributed under prior Articles of the Trust Agreement shall be held,administered, divided,and distributed according to the provisions that follow. Section 4.02 Second Death On the death of the last Settlor to die(the"Surviving Settlor").the Trustee shall distribute the principal of the Trust and any accrued or undistributed income from the principal of the Trust in such a manner and to such persons, including the Estate or the Creditors,as directed in this Trust Agreement. Section 4,03 Payment of The Second Death Expenses On the death of the Surviving Settlor,the Trustee shall pay from that portion of the Trust.Estate constituting the deceased Settlor's separate Trust Share the expenses of the surviving Senior's last illness,funeral,burial, and any inheritance,estate,or death taxes that may be.due by reason of the Surviving Settlor's death,unless the Trustee in his or her absolute discretion dctermirres that tithes`adegtmw provisions have been rnade for the payment of such expenses and tares. Section 4.04 Trust income and Principal Distribution upon The Deathof The-S ry Xing Trustor I. The Trustee shall apply and distribute the net income and principal of each of the shares of the resulting Trust Estate,after giving effect to the section of this'frust Agreement entitled"Special Directives"to the following Beneficiaries in the indicated fractional shares: GA-H�L H.Bt.2ENZLI 1:3 ll B.SEA BOENZLI aim BFERTHE E.SHOW M— V3 If any of the above Beneficiaries,or any other Beneficiary, is under the age of 25 years when the distribution is to be male,the Trustee shall leave authority,to distribute the same,in whole or in part, to a custodian for the minor appointed under a Uniform Gifts or Transfcrs to Minors Act, or the PZVOCABLE LIVING TRUST AGRFEMENT Page 10 1' Tmstee may retain any such property and administer and distribute the same for the bcneflt of the minor,paying to or for the benefit of such minor so much of the income and principal of the retained property from time to time as the Trustee deems advisable for€lie health, education,support,and maintenance of the minor.r. When the per-sods for whom the property is held attains the age of 25 }rears,the property shall thereupon be distributed to him or her free oftrust unless otherwise stated in this Agreement. If the mirror should die before attaining the age of majority,the property shall then be paid and distributed to the estate of the minor. 3. If all of the Settlor's Beneficiaries and their children,Rhc uld fair to survive the final distribution of the Trust.Estate.all of the Trust Estaetc not disposed of its hereinabove provided shall be distributed as provided for In this Trust Agreement. Section 4.05 Principle of Representation Unless indicated differently in this Trust Agreement or in the"Special Directives"section that fbIlows,in the event anv of the named Beneficiaries should predecease bath Settlors,all of that person's share of the Tmet_F.firate►s to he divided equally among the deceased Beneficiary's children or issue ger stirpes. tri the event tide predeceasW Beneficiary leaves no survitiing children or issue,then all oftbat p€mn's share ofthe TrjAM v3iwtw:t"ic'lll a ti divided .`equally among tremaining L �b 3zdSb�'� r t€C : a Beneficiary of he Seniors survives botha—Worn,but should Failto survive t`3 col#ect his or her Share at aistrilsution,that share shall pass to tete surviving issue of thai deceased Benef dciary per s-tirpes and with righi of represeiitaticsrt. A. 0-rrr*r c 17rcrU llsdu . _ cE - Durin the joint i ivies OF the SeutdOr-,the E 7ai�i is authoriz d Eu retain in .lid i�ust, bi-so' z xre; x c ei�c�c inay deem a dvisabie,any property received by the t r6dstC-c from the Seniors,Whether Or nol,such properiY is or the character permitted by law for the investment of`l rust rinds. �o;-±:cex 4 f!�'d're�ct�€ Pr�ex�ayrr C 14-11 d tt3 .H:scNvw-Pq COn�n�ra car>%n C Tim e,aF bV!PEW fglr 1l-:e ork-lA`fu of tt ir:fgtr'._�.tI�4£g f3E the T `Ft e.iaa- .- .><_.G�`��n�y�rxce�xr -.Tru-0, ,�:�.t?F��'Sed Fl .,r+-."�F'4Tti�E5'e 2��a ::.e z-t '.ya W¢— ..� �. �"-` ise"eiiieA.l'u1st6butiii rignaylizilialc':till aaC ud6:�fv;nasjy i`Y"i'wti.-ILid ss'e'.M.. y.�nn'```s•U't din:t3{.� :Ai icc-Y2G3 i'E'j t "e I he i€ustee is Fur rifer a-tifliurized to sign,CkelivG>ii,arid;or rsczTi+`4'[YI`'y*uii uS'a-,Cats s:cccssa Uo ica-a j x"Jut t e powers contained within This SuCtion. The Trustee of any t list created under this Trust Agreement(including any substitute or successor Trustee czr:lt huve anal be yerbi�f to all of the L-owers, duties, and responsibilities g ant or irrtposwtl ITV tete n=:n _ tri o Ort. �E;�e =:�trttes t�� a: :S:Seeric�n l i ett sep.�as'sueld Statute in provide at the time `_ y -c- ttna oft < rt„tyZ€r f t> :kra atat;#� E t�nr^^.C c "k F t F provisions of this b. tom. islf? uli.rCtt_ _ tG!�_ "`it t_a _ b —EVOCABLE LNC TIRILTS5T ACREF��INT page 11 C tam n Pn rir•e•• ._:L5€SdL J V3 �1oeci is yVeL S W i rUs- in addition the Trustee will have the followina specific powers: Trust Estate: The Trustee may leave invested any property conning into itshands hereunder in any form of inves,ment even though the investment array not be of the character of investments permitted by law to trustees, without liability for loss or depreciation in value, The Trustee may sell, exchange,or otherwise dispose of and reinvest property which may at any time be,a part of the TTnest Estate upon such terms and conditions as the Trustcc may deem advisable. The Trustee may invest and reinvest die Trust russets from time to time in any property,real,pcmonal,or mixcd,including without limitation, securities of domestic and foreign corporations and investment trusts or companies,bonds,debentures,preferred storks,common stacks,mortgages,mortgage participation, and interests in common trust funds,a-it with complete discretion to convert realty into personalty or personalty into,realty or otherwise change the character of the Trust Estate,event though such invz"Ment(by reason of;ts character, ammunt,proportion to the total Trust Estate,4r otlaenxti—_-1 i= i L •�___y,3 •-t,. F�� d':i.:a.,,.«E, ..t e€.iy. • aa.�r n:. o+r�'-; - -t" WR.!E44R.8 E€iii,tU%.,R,.%Ixea iEt4Fir4R ugi+f�.l }iL;Te iiita.ttt: Ct tiveta.t[Csg•inn Fitrt At A v.14 tertJ�Eviii:revi:w::_vri+�•-i± yriR`.i ae vie i G's iFr:•i-eFRi=.'.'ei :'.:iFi:;KFF FFii G'F FFG'tvC: 2F: iFF: G:i iFF i"i F'i'c ".4F'ei'i ':-F i.ZG"- et:Sf^'.'iii:GK !tC [FGF '4F[.t FL�t iF.µt ILF Vine F.'l ieL ilr hT': u 4cFEPFfiuC•C• : "-'eeFi -- ,:t_3[tSErrE rt-UM: t LLQ s F USILZU Liidy 11VI�Litopul I y iii tilt; L L ziatu.r zI italltu,azk:s id3sc&„LFl lit ii!v a`icExixsi a nominee without disclosing.the I rust. n aFP?_ ri MIR °:Ms ;e deems it in be in me best interest n-Me Trust FAO Its fie alf'.Y3e21i'#.�.Nif��� ht 1 rAmItt n = _ f# ¢i`nnc€ h=r g,iS' Tnmtr�€- ,vii: bre fhe runwer and Ruthor.'2'4 to rie.Y e=• .- __ `q'i i=t?s -s t9s't..^r a54t f_33yC•"r ILS 3k7+..,.^3fie�Tc=.sT-nm- ?'i in th;zz F ni-t Afa$'F:='sBTt.zS.Y i4F45=.F4r Lf 5�s4+i/Ris s:• va _-vsw a L i.ia. ._vim}•sE�,. Ye f:i i-'4[st vfS vR Li-!v'4 aa- qf-•sv_er�•.i . S.s. -_ iz Y;a dre i...F.��l[*• :ii e7 i fKFCFitO o f.T4iF .:SFR i'1 f.13F nt -'� Tel'flP 'wild-�TtGi' [fE GRi•'Tif i'fit Vii:b ::C"i ttG -a_ Ficavaa x.ex a.•.t. aRat• A-- eet rb al..e � ..�.r _.E.-- E�..a 1. "4�F..c n-r.�ir..cwn.we ;to,H.rii�n w#tSMt.N ;'..CYP "" 4zGi'�"ii�Tsti-.'.REa.Rfr44Ca}' li ...11llittizLIZZU011,vVi!S MCi'31 FRES tii,ii•14-M- 1CRY,!}E4'.e_1?a.!EtE iaF.ILt.S__,J T.y Alf f6S�!a?:!3lTb3SSt'E4xta.iaau.aau w.ry v utner`•.ati me f rust{•c Sill I Uct:111 or#;uvibaavm. iixa-V f`allu _,oBsc:Gri [liiiVe �c 3[1C1 miay.:cieeatr.to mem any and an discretions,and poNvers. is-.,t�--�t- -aa 1Pnrqe%n. 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Ce .is�cae= vJ.LS n-vmect to S;Lsssi4':' l lE S I: }i;; � i:. i'E� s nF4 �e rf f Lex C,i�e ail th -ahl nrivvnrez -snd Zf-q^rawnf-r isnvindi;lft hil#'not limited to- the n;5wer to Vote- rnve r 1Cv.=EFiY aiz _isA 5ehor ins=; i x� h�i th'.`nIcrA�E TgL�iy a ae sr i t TTL3tf£f ii`4? ie c+--a-.�--�.-- ____ -� __-. :iJ:-.--C u. •:-iiCi GS i.NV iFXYaJ.+r sr r� r + ... � � e > X it- - ___- _ ____ • ••-• - .• _ '�• •a - m • �`(fi'cnzKYibr_ mt i.Yw'.^l z-'-. z �a-ral�a y.�' Fi= GF..ii F.:i=TF6�. .FG tii2iiti.t:FGE_ Gy i:e F[.EZE,44 tliuY LFCLG IFTrfGIW.;e LiG FSFiFGGv Fi R?:=iii .�-_i-'s,.+ t I,:i'.Ee� i F?id Sar 2 6Gb_:E Tt itt_.Z:L Ci t's£items Ci=.>ic eEEi.LEs Ei G"p Fi�i eii 1- - -"' .n ei ;�•a-�?vi' Ert r-ei��i?•v t�F RFiht<3 vi�Vliiaiii avY iebi�H��Fa•irriF=�7r„ti iF'i t>i0�i�'F r' .-�:'�i l.1.•3 w�l Ll!{FEES bE E+[En3tbt bEFFba Far i may+=±:ECC.�eeb0`.k>,ititG. ifs tilt'SLl.:ii,Liitm• !l iiSit`a9 iliQ]�C�FSii!L i?1F4 4'A SC” 3tv,4-,T%4.v 34g 111", vi'aeq a�;5.N.UZI r izahts and may accour rind retain as an invo'st3'ituni alt_y sz'.;�rnlub Off:.J:fr�t'i1fopefl., cL'"•l1 OGG 6?iVOU. t! T'�ir-A s M-4 t F e"Lr"C_'-a T¢• vry scam.viva i-� va .is _-- }:`r:=ei v, +____i£+emxvv aei ze�f '=:�. v.i=�z' �-_ =m'.--. ••�__ ___ ____— :c.e.s�e-.x:xeac _ __.__ ]tt.Dae,a seaaE aP.sa,-e}d e.axe.tat east• aisdai S Y eF: urs Rase n f_E an s y it E ye LPL -s'aiP�ei�_ .cvn' �-- - =s t:i: 'z=°ass�I siia"i,ft` �r�`ii"£ c rr'fs�i•t}' ' any iiiYi� $.C"�. tl.e ._'._`Iet�_._:_t' 4?€' A iii. ub I r a ol C.i z_'L::i t.-:tattis, '`. to:;Ti,`£ { :2_`t`G:.E'F£�8�a,':SEi:;fii_�f$�F}£# ,£�$:'£� 3 £t'TIlii':ixiut,.$� vzfi r:t� -t=:- %%n-�'irrr^f thr-`T'nirt rr;;th;%�:s£e: � Pan—r rzt- the Trilcrl�-sit imp T-r;E^T '! .,.arab , _ —:...-fie. , ..a m. �_. .,. ._ _ .._ .,- .._ _ _ _ _..�- itl ri..._—__.___.____.E._ ._— .i a:= ____. f-'}=.:_._..._ ___'____'__._ -_`- '_� �S-.x+�.-.•=n ._�. i_f�_..i_:i_ �fY__ l V. i'dJld IIILII dVldJ l-tJ V! i03 fJdsP}�}dMlE23 3L,?, f pif, f lf2�PLrT�iffit'� fff6!!�b f3f l�LYf J'tlfN:t�titflP talftt t'`i'}P PdJ x{LL'AIMa:T 3+EJ }iSf}.P i rijS, tip tlECiti t i j tV tilt; MetIC1IVIUIY} €,LJ it 111C tivici1 4Yf{y lb LUIUGs a mr,41 f.Yt=Ct;nt uff it tit-, Trustee ustee a€eterT mes mar ttie Benetic€ary is unanie ro property manage Elis or ner amain,to a pa:=n tiinr,srshjrR surnort maintenance,or education for the Be€-tetiicia€v or witn wnom is rf?gitYir fill _-XMefWd;t"E£FC.R,Oft Tisk��ik�ffit�ryPQ�is=llf?fsrMiftle enefCtstryit`samifer.t'oatr€st+ee v nip M31 pYier;aftt t,,mt a£rnletenht$+Psrrj£neit.+f4v fair rf,_isstt€eflt rt+s'tssh € tu !tEser rrpsatasrt by tt+sa_e 'rd_3ha JI_ --. _t .>tl:- _ ,x♦r.n- P:•,L:..,ta Tali�t#:.e ':". "tu s Es��etra, .;: kac�sf 'a s4 4s€>r }alti f d __ :r s+Y=Ey+=__, S 1}t!Y2 T 7 .C.- A...a A Ia...—Aa�__•..n�-aL. ia.aa££ c a rrLtt ,31Lt�^.:�S 'af!=- =�....-r9PySt'TaPt}»�1/�T!!0. ..1E�=4F�[7�`FP�•P�P•Fla lv^R!-!!-'ii1 _flu__. f'ffL1 T'f T!'t li tt ti!ti_!f!!"!i'2tttli 7t_l i�stV i�'v i41!!%7'41'1!3t::t?tiff sAtIv jl l�ti vi ii ii,B'i aost"�.with€'esv=t'ther to, On an- mrtia 11 or finaai dist:€button s,;�the Trust Assets, iiiz'e'rustee may apportion and allocate the assets of the Trust Estate in za.s�w in kind',or ardl in cash.aril partly in kind,or in undivided interests in the manner deemedadvisattle at the: iscretion. of the Trustee and- to wlx any property deemed necessary by the 1€ustee to make thedistribution. The Trustee may distribute gifts of up to $10,000.00 per year per donee out of principal and/or interest. 1nsu '�L�"}Ee�. �ir d.14L3 iL4 1[IIay pu FFif.F.Ttt tTV TY S€1,V dR3v�Ki GT3 STe�'�I} �Sk� £CRY pkern�aiiiis on existing YJSg ii'#Far lr,s�±r;anre on the life of any Trust Beneficiary, purchase annuities,(Eiger inincrcial or i3,ivatc) iiv€a:an '±i^vlwvrtra+innf frit :vP FT1 6�lid E€e s.I:1 i"f�E€1`".and--the :`e'i"i it.:F'fi�G 64 € ?53� 1E?5L1 e r.....«P., y1 .�iL..,t.` .l r •• .& t� the T f<a. t iro Trustee t of tide &jIMs, 1%jrmis, and amounts deeTTi advisable by �i l�xcv.�to p ee.,t:ae rustee a€!d the P+F . Trust Esta$:t. 2. Borrowiniz: The Trustee may borrow money t'Yt3m the Trust Mare and others. To sccuru the repayment thereof,the Trustee may mortgage,pledge,orotherwise etwurnWr part orall ofthe Trust Assets,and in connection with the acquisition of any property,the Tm-stft may wKuma a liability or may acquire propeny subject to a liability. i t 12 f;-- ` iiaT ast:y rns-z r m,�iirr- €inaey art irsrefrrvi►t# re is u #fs�r 9lcdr€¢t T r oa reser Vvs: t g2v Trustee may cs€blish such resmes out of income 2G a s' a!J iE Gaiiiivaiuirry uu tiLi� i ctt`ev'�v Gvit`vivispt€: ri {£:> + � 'rti?tinliasion o susiness: The 't rEI�I�w�"is�y+ra� e.ii'Itie`arty lius4iess or husin les,in which tf.he cast ha- a {he time of{he Seniors"death torso tonastheTrusteemay,in its sole dts€sretion, ,,,_,-�°f2 ._ ,=_,�_P�s-_i }}t 3��_�s�3£�i.�e;hem __ s:€?e J�t_f $I.S'IIIti,Ss �er.'�=�Ei�.r�i+.'3tt•�, iFs aJv,3iC��`�u�•�Y,t . s:E;;tilr 0 CM M.-U,¢VU-1lttaitVtls a tnur:.id .:«Iilp.,or 4'Ia 'S,Yt'Ifb`0,M1La-Sd S+'lutty L?wlie-u it co ;`rol'fed,tw }'YY.iT4�c`'E GST AGI C".�i'R�,.*L' FR! PL V ai�t>r eaa i'g.3 E$ia� .Ci�ra7a',.va i �ffvF 1 a -t sett hem wn-e-rt -1-0 ch tems ---d -:v. Lly. uvffior. v t-'-! sel" .1e, anal ch.-continue. any Of UPC-n sull w3itions as the'.1ruswe it Ami As sule,di lu cssa-fy or dcqirabl-�. T-z-- Tile T"je-tpe !"f4t, q Inn nfbf�r n9'A9tp0v for the .4 Li ^•t•.jPa-%,m -stsr. inleMa;n n ---ho frf-A nf M 'Hav cieai Willi alty peiizan or enrtry rizaaraiess el —C�Uil U6 Wltti� I kdi Inc k�rUSW� 1, Frustoc 1 nay 14,31 or r-UlaTIODIS-l"lif-,Of IC110FIr-it-Y Olt I r SUZ M-Of Witt,-, --U Umt PVFS1cM or Vt,-Avt I PC -171 0 M -Yr U .-teT-,A5 VVIA-11 UN t r)r*f L G2..'.- PLM U! .1 U. U.0 I US, C- UMP. UMIV S Q T4m. Trtt,.,it,h will htwe the nower to make all mirtifickrfs- tiierieirerto ^"A A.--ikittin 10 .4 1.w+ ic T-41ef 4rm% -",wn A"it rtifi ..... ...... ... .......... .... i?t nnell ntsef tt"I'tNt F.-;-4 th. =r T1,, \tEviimm illic, v4i"w V-.- 4-V wiH uc- MBQMxY urk it ic a iiuj U--mww---am-a -ju, campwairsare for any pal ml. 1%ij 4TS%(I r Si _q il 9NU Pie -Iai."S. -0 AroversM.- Ilii Trustee i-nav rnaivta2Inj and ufeltu arn,clahn orwntruvemvt-yor against A- TFij z w;-I I khcmt the i--inder or copseot ofainv Bteneficiavv= T1w Trustcv may--ommi�mor ee defend - Oi ------ ms-the Tri I S--t,Sswte- -H—M-f. mrPeO tQ the-Tm5t,(-f�Ov ofy7rlartv nfjv;wm9 ; T6�T r1qS1!:(:!Vgy emninv- fhr maserva-Mecomperma-tim.Such ILI fvw TF iii q r u aft,IV E i M.e afiv MU-ir 1 CF&Ke"a fil CT-C V Rvac,r Sri a i 1 a i Scr cr�a i�-14-ag a S C-11 FURV 104"IF'r trijqk,UP-5 -1qtrUMe-VA or ttV,MIST,accla'—dVIM PDF tfig,mmvif; W aft: Ked 6Y frki-A tf -;y Fix �g Mi-4 Dp-np— -r bene-i'tC.MMS 1111d uPon -Sokie-1-C-MI Uld COil is aut€:crllzcd and anowcmd.if in dW-frustec-'s 01SUCTIon SUM M711074 is in the best IMemst Qt the pumliant tc. Tr-:,-'--t AwrenmPent to and with such o0w wi lhomuwrt to famia-atc 214-trust rtrtt%tki-Trugf A qrL,&8 L-!tt� Tit Te ig fUrth iZed to AC r.---------------- --- UStej� "•s sf--!md to any trm srtmfpr$ k- 5UM m—.S a 7� al-d Prewne-nizz-� 5a u1rA-mSf,&rT-1A ink ai�CX-d- r St' I i Laflla 1 i I I U AflV COf 00f AM,% 1 rtj stee wn icrt servin 9 --nation u as Me saie-J tw5ft.0 ok affy hr�T r5tei� at tgTr, g Or any Share,tn"re0i may a ' -or Mirt ot Nllarc is rM 1M.Ccr GTIM.e �sj4i�i�ei-I 'Nitup-a allarMI-M-MCalt 01 OVI, s = ,Ch !A tv kSart arid 4t s€hitt wilon w it I 4r,-&watw-FV Ln;i in uh t zt:z nitefia��u Ex,Z tile lfi,Lftic I!'USIC.C.w,111 TDrmvV11r.n Ing: 7W, nr Share vd!!tcmminatzamd the Tru=i.wM +o«.;.s4H" - -rm nib fi 7 t, ----a-- -u- nu----- —nluru uzaw-u py r5 3w— 1lWp a, fZE `-i LaE ez iM, Z'i L� tE4 J=..SbE@ F'c i�'c.:€�>EJ a-- 4= nl.sscs zfFi'4. !€=t+^ ai E :4-:i;.:;€.0 UU�:`'4.a W C;�kiv€gill;€c-stt"siiii ct€ai aEi�E.F.€=i€ €U€ii%; 44 t31 liu'%iiti: mi i-4; € ? S-nEt3E€n FYt'iii -_--- -- _--_£__g_ns,_.s=-' F? i €rsFF i e il�.Oi �sis C h FEL i ffe :da+ya fl?'!P rf"i I T 3 MW--E33G- --iris:=ie=inr= :� =xe_?i t~tFc sFi ''€�iar•Tr. E}2'.a¢t it^airc:t-r,:x i- ---------------- « i3-------G ES is iFClii.iFttiirii. �t«�.y a :i3au Sat ��E s" .i_�Gf YA.aMAi�i SiJi 4ti iTiE 513izif5 i�"i�Y iii{ 3e59if fSl�te SzFeJi45t�T{ S4S ii��f^ fl- £4 i -CEC� £tsi{ut i# izEaE}EEz£lEii EL .xt�.e s•�vr-: ,RTE��reA.¢L�-.s���=o`r.Ski.=.=-4�ei-:t�ze;si-$rifei -t azr zc'tL tEt�,t'd_�AntprI-;Fsitmtut ndiltntmetm; ..Fi tiL tti<tZsic[7si: Fli[V[V�L:Y CFi LFtV tJV2tV;t Vicid tVO. n ii2iJ Cttf R tVs iTi il"1�t�Ll�;1^YM baa[U"-va taC«'[P'a'[[Raitai[attt[_ iF':-•taii ui1R"'pul Ytat'.tjf� t��t�t iii Y{tii�.CC Us : J tAi.F�«'t$ [sEun-ent'-r int iLttltr[ve lrme!9nu OX"I'le F�a`4P[�YC�[_@k'i��y �tia"a! Vix tC w.a.....+u�.. .. Jut a3 Esw`Fit c<.iK.. CP,t+.. C`a...�t.".t_- tGe...�..... .�.+ i[ v...r....a-..- _. _.._•. r )lVJtii1.R ieF ffraFC iFy.E•faYE:.t533 Gf the TiU:ii Fu:i4e'[:i.4[Gv *viitee watr psa..f LiE j 3::v its'ii-`.6mi2 E€cs: sw;i a ei'E e,�3f?�G 1`€ -taxable teE'�"#"!in£ tiop here�il der�A:l.E�e. into�%tiaits:.�s cser{iv�e`u.u[rslv'iia, exem ',Hors.crec'€ ,and- -uthe-tac-f rs which the L rusite ms edvtsable",add+' _ Tn nngtnone.finAQ terminAtieirt Af AnV nArt:e-'UtAir trirct acid to withhold anv pttt'ticin or all o i`r[ustet!as satinsfid.A-that ihi:��`ee�[[[[[^c.�f�tttae,,'([i4Ys p��siF�Rpua,T-iYCYS��'yE�tYs.}■a�gpy li'khE��y to is6Y GRFV tn. ,cm.- 2l;UR1�Zt2tu2ft>.a.ttYx st[L tVEi�-rt V3tVf iV.g 4lat [f,if«Sk 4 ft+.s EHStbJ:tfftXLF 4t£Ee iVEa4+i+fte ezT tiAeitt� what is�rtetisa rvlaiz.'4i v`ju J in aia53 LII PttYi:.b etiU6-i . tt k i�k1#�FF��ia1E�i :��t �tisx`.�tFiia iYr SEJCk t7S 8 C=vt;3UtrS6ilSF tb't1FGtt E KxAzi Of i)&S u9 ele'a UeiluffieiSF rY,SSR -- Corporation- as dormuti &v a ti:i oll l331CiitE d} of the 1ruc uixi Revenue tUiTC e (Or any t oC Spamming, successor sttlE+�[�Is Nucint «vOK k'!'IN 'M -- an F- i• - i9 .•-.rtt A. �q wa '+.+�'Y+t p R i pa-x�-- c v�cF' .•_ Ah.-7th. Y+€.. J CI m; CP.Ri?[gated t rt�it�2110: {t� F{w .cts*Ot A[uar E t t4��-mo ar.a mt.4 Ff wn, >E[4 .F a�`cs�r4 i i i .utva � iii.'aLiaR LtVY IY4L1« itl Lidw. _r all other provlsiors of this iRY .A_Mrcim¢it♦ ilt ply to pN{l sharp-field i(t a a tl e T- li et' b 7 tt� '6rt'csri �k>srh3 r[:ve`_ta[i o:[ f_friiwo ie eiiFa[V �..+',i-#1�a R'ar�'. aria a sit`a.`&�!�ttat���i`#ti� t re$�r"�`t'veti [.-'�c�'.��eFF��a��2�it�a dZi:ic,ii.ct- mei - ------ ._FF• ._ .. -'�--"--- _ --"--•mss�'f. t`<':<.�?....�F`£t'LJ�i ._.w.±�.<-.. .aaizi? ,.[ic _ s'�"l�.'��3?�?'?`��F:z�'ii�.�?'i�ei'.' :`x:'�i�f': __-__- _ __ca - - S isn<R-«n••••S 6`�'iz:c.�� _1f=,tis><••Sy^•t.:ti'.vY"',n.,,;• .:.Ft`E;';1'Sa d. R`z�i::i zi�i • ------------::Cy__ _..._-. _'�`Ia i :SJZi ZiiY.i. i:i.Y^ZY,Fi 422diiirS31Z tEY yi'q`Y`ZS}^dt29`" 4a2 :iia-- tiii.133731:ri.i;;•}n.;f<<i �:>•i _:.:_•c`: = __am173+1 --'l -_ tti 5 7._, ": ...n. iia--4::?Z" 3 z:z eeess iE€s�az•di €w�.:<,.i., ait_iii=^e�.z�ii a35.1>}.`a'iit da:t, Lt eZ'',i�$'s`,F_9 t',iii.Z ikik'ii.i$+'�.'.a:':.;n.?;S's*e'iia UD4. S cF:., t£'t'..€ . . -= _ --- _av_r'Aa`= - a e _zaau its i2icasFu"L, ui ia+ "=.Edf€E2€_�. e E'is sa- '_Z`$F,i �Ia.k�-..,_>-�... F :.`L, _ii. i..;:)a.-= --_F;F-cc`-�`4YE: tP Ti->._.?4i5c 4i a^TetS fes. s S.e..: --._____ __ __� —_ _ Sfvfi+tFi ✓Q.tiP H'F€&FFn i4 F�S'F�s T:Ss<-�P G:�L�.irdFF'ss�_.Z L:l4:i4[2EFF:6^.i 4?..i'�sPiE_Es�2 h.st fsFz'a£i:4—FA .c}2vSrs $45�.'s6 s 1 A L, -.7,;;i 11-Mr W;M 7WI I UIT j:-;t4f, xi_an............. - - - --------------------- ------ ------- --- �............. ....... ........ .... tLr!!. I—, U3C 34fillUF !i LISWikG, 1 Fw fkaiff aaui; r;ii"k;L;LiN Iiir;dii.N. .14 hene ts hi J A- n.117.11fled n1nm;.. inrikm tani r-firr�rnenf ica-unts,no;zm Fs v., ch are received, 17-A-1 'r­ H QUOUCCUS 01 lllstlldd;z ILM Ulu 13CUIVI 1 111V WILIWI,it PdAu w a UsImimmAy vugw "SWI&44t, ,t�vujor,s Esme.wouid be exanot from inn'erganf-e-or similar uvaut wukcs mmor ltwcion 6.02 Direlaion to jklinimim Tgj�� thr-.rielminkrmrinn of thr,Timmi heri-ninder- iin Fidmiliries mhmii overcise-all available iz.,.related elcctioris. Tros-L.but also to its 6crief-IciaFics,iv die uuMf Probate,Instate- 'Vithout fitmitation on the generaliq,of the (whivh shall to thAt Went mulpemofttact:ns"al fiduciaryuduryofif nr to getflor's Estate for the matirier in whioh tb--,v shall C,arm_•Out this dumfion,to minimi rc Ot"mall=xs and make.rot amatlymofalttmative MS I LU Uir, 12U&k, LV M%, A13tM,%,, M* Carly out ibis Lilreutiull. Section 6033 judgment&nd Digeretion of Trynog -A.4 fj;T7A_ -fit n r all C, �)r A( f7in-mN.,a-no'Colic by fh�,Tnvttl�!a, Accare; a to the iry*c7rsv,-ft-_-t-F,hmding. Qn Mr,iJ.%Ai;Lk L".a a4v j;i V I _­0­1c. t -U 22- L Der."UfUS, ljrms� Uf Lim ilw6wviy wlviioif ztir -)Oj JaIT.17 117 nay ��K 4CI A _Tj;j.-W Qj NjA�;4j iiUU­ incteant Piq it a fiiai EMU Mlluign! 6, nr}+.atr,;�tir%n riilrc r%t fhsr .Llmnrt1^.P.n Arhor})ttAll h,IZOC.t3L On- SI!lVll iii V8 ••!!la 4.iY4 may= ==.=,4==`.r • =Ivl==Y= _.. Y +•u>>a,., ,=v t =zua=za z=.. .. ...v,�,.r++.+u.,.• +-...�..w. [<_'!in1jVlii1 V mr-14;i-){um! mny 11Gv-- 1i1 0rLL ti/ .7 L+LALV-US M i.t1L V1VVt.TttMd tit LL L€,'3611L.T 4i±tlVY1- tit.i.va tl aaa rr.�:s an'v nenPT!CtwI'!!nerCL'nCILr$»i S:iLftt i1T!V Itt+y-CCUtL a MIMI ii''Yjjjnitmutuly cm l:1113i=.1 S71 Im ll--S rz:>!,t nr mtnrpQ? n....=.+:,t na }S, Nem,r: t,.!u te, nr anv t5':' nerlleg M TmE !nisi, Omer man mt'yE1t3 u LU Ultz ttt¢rtutc<.t: arca.nlIR a rn siitc','*. nn, tlP.t;'>re n*1,v cf!!23?_Tne- - ___� , rea esrr�i,}utt�ns tt} xte}t x rliit�avTrrrl7,rtt- is 1ttr, rCl1t lI}t?L t}}r_-y at! };;1 t?1p?' ttclis:illn: flvrxs.ta, f p HS;)!ptn u i;nMne'ver 2SrmflrS!:ucn Cm,m Inez,ejecmna-ar OOnTC�I3IW i"'yTU11IU,1ar%f.h'I1['alI UICTUUL44211 UrV0111G _nc 451 ner5Com ftno PMTYTMS. eXce t mo Se Yuurs,_ms "a nct L-nutit_"s s{.)t'lrttRu,nny m mr-Ij lic-lump 11t7v4j. '47uGmk :e>::6_ :zll�•nr..;lt� tr thea !rtta*, Aar^rmrmt It Tt:'tae t'tor!;nn ftr CS'snri r:naii Ell^CESSTUIIV C.11311enflfe RnY __e �_ .<. .., ;:, r}•.,., .. kc.:., �<,tsa c atE hfic.r them.cc3m nt nrtt c!^}Eftr ="i:pc g�P,A, E,�Y EE?fie S�1=+i_E itPoi KflT�S r'-4 � --a-- tiii'eamr,inrenT.mar ine nrovisions or trlts t rust Agreement are to remain rnnfiriential ac in all nartiec The qattlnrc rlirar-t that nnlvthe intnrmatinn rnnrerninv the henetift .,..:.�t..nn.,..nrr;n,linr pnnnF;n;n.-F.nhnil!.a rna,aalar{to o..n}R;».i;ar;ri...sf t�nri that nn;nni;sr;ellla)shall hour a rinht ..,. ._r......__....� _................6{.w L,.....r.6..�.,.:».. ..4.:.1 a-4444»...,61.....o,...,.F,.:.,.... Mcutio!am I L3tstrivutlon in &mu or in t-asn (In anv divicinn of the accetc of the Trnct F.ctate into shares or nartial chareq. and on anv final or narhal A;otr;hllt;nn of tha aerate nrtha Trite*Vetato tha Trrketra at hie nr har ahenlrlto Aicrrrtinn may divide.and r r r ...r . .l• .. 4444 . . .. .. .. , '--�:�-:__::'•• =::e :'r'.v��i-j •••••'•• i-____ _— __ —_`�.:`J ______..tee VE ctE VLl iVa f.[EEt.te vl.+ IS GGJJ,MRJ,6lsT kL1 WtF E6.TbiiEf LLi a proper civi.sion or s€rcn 3SSe€S Or€rry I res€�S€;fii�, sn n oe binding on an persons in€urus€eu in any trust �rov:-le r_- this !- -t A.—peEy.net�n l2lltl.v--r l!■ L}liJ t 1 NJl 111 VVl11Vnt. Section 8.02 SvendibrifC Provision Veither the nrinrinl nnr thee inrnme of the tnrct shall he liable for the dehtc of a Fienef niarv. PXrent as n+t.e nnnla,r.rn.,;A-A;n thin A R n+ n T1nnnr;n;9 nr-11+r\let A611 harm an[r rl(Tht FM1nll,ar nr ...a..ne na,..r raa,T.a ., t_ L•___ _ L__ t-.__ t,..._a._1.:,. 4.._:..6.,....,..6: 64......:....:..4.1 464:4.T + a Fill t1IV1}l�' RV Lak%,,l:l}4[lE E}lF�t,V) 1!a`�R'il ll li.6.Alb kit-.%',?I 11V1 illEL.1LJ4 1F4 it lli4 t1t ilii Fi.JNi V{![14V1T1l�Vt 64-46 rziJk:e any manner,nor shaii the interevts of any Beneficiary be subject to t1Te da kris ut his or'nor creditors or liable to attachment,execution,or other process of law. The limitations herein shall not restrict the exercise of ally power of appointment or the right to disclaim. Section 8.03 Definition ol'Children The terms "Child"and "Children"as used in this Agreement mean the lawful issue of a Settlor or of the Settlers together. This definition also includes children legally adopted by a Settlor or by the Settlors together. Section 9-04 Handicapped Berieficiarics Any Beneficiary who is determined by a court of cornpetentjurisdiction to be incompetent shall not have airy discretionary rights of a Beneficiary with respect to this Trust, or to their share or portion thereof. The Trustee shall hold and maintain such inuompeterit Beneficiary's share of the Trust estate and shall, in the Trustee's sole discretion, provide for such Beneficiary as that Trustee would provide for a minor. Notwithstanding the foregoing,any Beneficiary who is diagnosed for the purposes of governmental benefits (as hereinafter delineated) as being not competent or as being disabled, and who shall be entitled to governmental support and benefits by reason of such incompetency or disability, shall cease to be a Beneficiary of this Trust. Likewise, they shall cease to be a Beneficiary if any share or portion of the principai or income of the Trust shall'become subject to the claims of any governmental agency for costs or benefits,tees,or ch.rges. REVOCABLE LIVING TRUST AGREEMENT Page P rhe etortion of the Trust Estate which,absent the provisions of this section,would have been the share of such incompetent or handicapped person shalt be retained in trust for as long as that individual lives. The Trustee,at his or her sole discretion,shall utilize such funds for the maintenance of that individual. If such individual recovers from his or her incompetency or disability and is no longer eligible for aid from any governmental agency, including costs or benefits,fees,or charges,such individual shall he reinstated as a Beneficiary after 60 days from such recovery and the allocation and distribution provisions as stated herein shah apply to that portion ofthe Trust Estate which is held by the Trustee subject to the foregoing provisions oaf this section. If said handicapped Beneficiary is no longer luting and shall leave children then living,the deceased child's share shall Sass to those children per stirpes. If there are no children,the share shall he allocated proportionately among the remaining Beneficiaries. ARTICLE,NINE Section 9.01 TrF==tees :Ali Trustees are to serve without bond. Tate following will act as Trustees of any Trusts created by this Trust Agreement, in the following order of succession: First: The undersigned,GABRIEL E.BOENI ZLI and I or BETTY M.;<3€3;r NZLI. Second: The Surviving Spouse_ bird: At the death or incapacity ofthe Surviving Spouse,GABRIEL H.BGENZL,J shall serve as First Successor Trustee. Fourth; B.SEAN BOFNZLI shall serve as Second Successor Trustee. Fifth: BERTHE E. SHOWERS shall serve as Third Successor Trustee. mast: A.Trustee chosen by the majority of Beneficiaries,with a parent or legal guardian voting for minor Beneficiaries,provided,however,that the children of anydeceased Beneficiary shall collectively have only one vote. Section 9.02 Allocation and Distribution of The Trust Assets The Trustees shall allocate,hold, administer,and distribute the Trust Assets as hereinafter provided: 7: Upon the death of the first Settlor, the Trustee shall make arty separate distributions that have leen specified by the deceased Settlor. The Trustee shall also take into consideration the appropriate provisions of this Article. Upon he death of the Surviving Spouse,the Trustee shall hold,administer,and distribute the Trust Assets in the manner hereinafter prescribed. TIM VOCABLE LIVING TRUST AGREEMENT Fad: lection 9.03 Personal Property Distribution Notwithstanding any provision of this Trust Agreement to the contrary, the Trustee must abide by any memorandum by the Settlors, particularly that contained in the section entitled "Special Directives" incorporated into th is Trust Instrument,directing the disposition of Trust Assets of every hind including,but riot limited to,furniture,appliances,furnishings,pictures,china,silverware,glass,books,jewelry,wearing apparel,and all policies of fire,burglary,property damage,and tither insurance on or in conneetion with the; use of property. Otherwise,any personal and household effects of the Settlors shall be distributed with the remaining;assets of the Trust Estate. Section 9.114 Liability cif Trustee The"Ta 1stee will not he responsible or liable for any loss which may occur by reason of depreciation in value of the properties at any time belonging to the Trost Estate nor for any other loss which may occur,except that the Trustee will be liable for each Trustee's own negligence, neglect,defaults or willful wrong. The Trustee will not be liable or responsible for the acts,omissions,or dofaults of any agent or€alder person to whom duties may be properly d0CgatLd}terewider(except officers or regular employees or the Trustee)if such agent or person was appointed with due care. The Trustee may receive reimbursement from the Trust Estate for any liability,whether in contract or in tort, incurred in the administration of the Trust Estate in accordance with the provisions hereof,and the Trustee may contract in such form that such Trustee will be exemnt from such personal liability and that such liability will be limited to the Trust Assets. Adv Successor Trustee shall have all the power,rights, discretion:,and obligations,conferred on a Trustee by this Trust Agreement. All rights,titles,and interest in the property of the Frust shall immediately vest in the successor Trustee at the time of appointment. The prior Trustee shall,without warranty,transNr to the Successor Trustee the existing Trust property. No Successor Trustee shall be under any duty to examine, verify..question, or audit the books, records. accounts, or transaction of any preceding Trustee, and no Successor Trustee shall be liable for any logs or expense from or occasioned by anything done or neglected to be done by any predecessor Trustee. A Successor Trustee shall be liable only for his or her own mets and defaults. AS?Tl1`LE,TEI T Section 10.0 1 Perpetuities Savings Clause Notwithstanding any other provision ofthis instrument,the Trusts created hereunder shall terminate,not later than twenty-one(Z t)years atter the death of the last survivor of all Settlors and any rather Beneficiary or 9cnefic;arae-named or defined in this Trust living on the date of the death of the first Settler to die. The Trustee shall distribute remaining Trust principal and all accrued or undistributed net income hereunder to the Beneficiary or Beneficiaries. If there is more than one Beneficiary, the distribution shall be in the proportion in which they are Beneficiaries; if no proportion is designated,theta the distribution shall be in equal shares to such Beneficiaries. ARTICLE ELEVEN EVOCABLE LrvTNG TRUST AGREFMFN T Daae Z o Section 11.01 Covernine Law it is not intended that the laws of only one particular state shall necessarily govern all questions pertaining to all of the Trust`ncreurnder, I, he validity of the Trust hereunder,as well as the validity of the particular provisions of that Trost, shallbe governed by the laws of the state which has sufficient connection with the Trust to support such validity. 2. The meaning and effect of the terms of this Trust Agreement shalt be governed by the laws of the Commonwealth of Pennsylvania. F, The administration of this Trust shall be governed by the laws of the state in which the principle office of the Trustee theta having custody of the Trust's principal assets and records is located, Tile Foregoing shall apply event though the situs of some'Frust Assets or the hornc of the Settler,a Trustee, or a Beneficiary may at surae time or times be elsewhere. Section 11.02 Invalidity of Any Provision If a court finds that any provision of this Trust Agreement is void,invalid,or unenforceable,the remaining provis*orfs of this Agreement-,Fill continue to be fitlty effective. .3L�4Rll�� 11.03 H.eadinas L The use of headings in connection with the various articles and sections of tltris Trust Agreement is solely for convenience and the headings arc to be given no meaning or sigi�nificane�w-ats€tever iri consti�zit:g the terms and provisions of this Agreement. Section 1.1.041ntema,l Revenue Code Tertninoloi=y As used, he-rein.the words"Cross Esta€e... "Adiusted Cross Estate,""Taxable Eqs ate,"`Unified Credit," "State Death Tax Credit,""Maximum Marital Deduction,""Marital Deductio t," and any other word or words which from the context in which it or they are used refer to the Internal.Revenue Cale shall be assigned the sante meaning as words have for the purposes of applying the interna-1 Revenue Code to a deceased Settlor's Estate. Reference to sections of the Internal Revenue Cade and to the Intcmal Revenue Code shall refer to the Internal revenue Code amended to the date of such Settler's death. REVOCABLE LIVING TRUST AGREEME s`°I' Page 21 'PECL4L DIRECTIVES AF GABRIEL E.BCIENZ:L-T i. GABRIEL E. BOa,1ZLI, a resident of the County of Cumberland, Commonwealth of Pennsylvania, being of lawful age, and of sound and disposing mind and memory, and not acting under duress,fraud,or undue influence,hereby make,publish and declare this to be my Special Directive,and I incorporate THE GABRIEL E. BOENZLI AND BETTY M. B0E-NZLI REVOCABLE LIVING TRUST AGREEMENT v ;-7'—P,RT The natural objects or iny affection are: L My wife- BETTY M.B0EN1ZLJ 2. My Children- GABRIEL H, BOENZLI B. SEAN BOENZLI BERTHE E. SHOWERS 1 direct that all estate and inheritance taxes payable as a result of my death, not limited to taxes assessed on property, shall be paid out of the residue of my Estatc,,and shall not be deducted or collected from any League,Devisee,or Beneficiary hereunder_ THIRD !n the event any of my nam- ed Beneficiaries should predeceased me,all of that person!s share of the Trust Estate is to be divided equally among that person's ime per stirpes unless otherwise,stated in these directives. 1 direct that before any distribution of the assets of the Trust Estate to the named Beneficiaries, certain specific distributions,if any,shall be made from the assets as set forth on the listattached hereto and marked "Exhibit A." acknowledge and accept the "Special Directives,"if any,of my spouse. -3EVOCABBLE LTVING TRUST AGREEMENT Pagge 22 IAL DIREC V r�'S BETTY Mt ROUNZU 1,BETTY M-.BOENTZLI,a resident of the County ofCumberlard,Commonwealth of Pennsylvania, beine of lawful ace,and of smind and disposing mind and tnemone.and not acting under durcess,laud,or undule influences hereby make,publish and declare this to be any Special Directive,and I incorporate THE (j'AABRIEL E.BO-ENZZLI AND BETTY TM. BOENZLI REVOCABLE LIVING TRUST AG'REEIMENT. D FIRST The natural obiects of my affection are: Y My hughand- GARRIEL E,BOEN71-1 ren- M. C,hm;I d GABPIET--H, BOENZLI 51, SEAN 110-1;,NZI-1 BERTHE E. SHOWERS 1 direct that all estate and inheritance taxes payable as a result of my death. not limited to taxes assessed on vrovertv,shall be pais!out of the residue of any Estate,and shall not.he deducted or collected from any League,]devisee,or Beneficiary hereunder, TH- M In the event any of My gamed Beneficiaries should predecease mc,all of that person!s share of the Trust Estate is to be divided oqualiy among that person's issue per stupes unless otherwise stated in these directives. FOURTH t direct that. before any distribution of the assets of the Trust Estate to the named Beneficiaries, certain specific distributions,if any,shall be made ftom the assets as set forth an the listattached hereto and marked "Exhibit A." FIFTH hereby acknowledge and accept the"Special Directives," if any,of any spouse. REVOCABLE LIVING TRp-e71JST AGREEMENT Pa23 ,r min i'!� nt5: __ GABRAEL E. BOENZI T nri E Vf ayi. 3=_� 7.W p r GAB REL E.BOE" ZLf +� BETTY M.Br-*--NZLT OF PENNSYLVANIA ;.0VIN71-1 O trV Y�U"�'t4\LCS�'S L.f This instrument was acknowledged before me its;:the date herein set forth by GABF,€EL E.BOEN ..t as-Settlor and Co-'trustee to certify which witgess my hand and seal of office. IE RE t�, NFS. rT:t r;i k'e b'' , monwcalth of P-ons�sy lvania- Commissioner of Deeds Commonwealth of Ponnsvivania MV Commission expires Nov i7,2 � :uOMMONWEAL'T14 OF PENNSYLVANIA CO NTl OF CUMBERLAND ;gay acknowledged before me on the date hemi, set f�r}tt by B E T"1'Y T .BOENZLt as Se or and Co-Trust=m certify-whizhviftness my hand and swat of Office. 537-75EY G.JONES N-atary Pu rc, mantortw ith ai Penn;ylvansla Commissioner oz Dsecl5 ,ararnon oaith i Pw)r4yivania My Commission expirr:s MUt 17,2003 VCH-ABLE LIVING TRUST AGREEMENT Page 24 JI t RdtcoaBanu. LISTENING IS JUST THE BEGINNING' February 28,2014 Law Offices David A Peckman 600 W Germantown pike Suite 400 Plymouth Meeting PA 19462 Dear Mr.Boenzlx, RE:Betty Boenzli,deceased 1.1/27/2012 In response to your recent inquiry concerning the accounts maintained in the name of the decedent,please be advised that the following account was open at the date of death: Checking 43622-22969,opened 3/25102,date of death balance$11121.02, (accrued interest of.04 would not have been payable had the account been closed on the date of death)titled jointly with Gabriel E Boerwi and Gabriel 1:1 Boenzli- (added to acct on 5/16/12). If you should have any further questions,please do not hesitate to contact me at 717-327-2497. Very truly yours, This lrfor � �,% „"• April Billet# in E `' n'�r,,,�,�, • k g Credit Confirmation Processor frU + h The�n Yoar;�, sC a P gLfe Irc informstit <^e acr<<F band e�IC� ',$��1 �y p �'�1•?`:n.�i1 k'� „r F"t,•:1 ;:"1 `':i au Ot ti2ow.,,yoiJCan 1.800.FULTON.4 fuftonbank.com FAN Sank,N,A.Member FDIC,Mambor of ft FWwn Financial Family. l/l d M 'ON._ _ NOIALSINIAD M3H O33 Mso :z1 MZ 'E �bW "a�°F� Fa Click-N-$hip® usps.com 9405 9036 9930 0367 3157 14 0050 5000 0021 7013 $5.05 URat Rate S POSTAGE En"INSUREDED Commercial Base Pricing 02/25/15 Mailed from 19002 062S0000001310 PRIORIW MAIL 2-DAYTM DAVID A PECKMAN Expected Delivery Date:02/27/15 PECKMAN CHAIT LLP 29 MAINLAND RD 0006 HARLEYSVILLE PA 19438-2519- f� SHIP TO: CUMBERLAND COUNTY REGISTER OWILL 1 COURT HOUSE SQ RM 102 CARLISLE PA 17013-33.22 � f USPS TRACKING # 1 i 9405 9036 9930 0367 3157 14 r Electronic Rate Approved #038555749 PECKMAN CHAIT LLP ATTORNEYS AT LAW 29 Mainland Road - Harleysville, PA 19438 Tel: 610.825.9000 Fax: 610.825.5900 Toll-free: 866.400.2500 Offices in Plymouth Meeting &Philadelphia Email: david@peckmanlaw.com February 20,2015 Cumberland County Register of Wills 1 Courthouse Square Suite 102 Carlisle,PA 17013 RE: The Estate of Betty M. Boenzli Estate File #: 2113-0866 Dear Register of Wills: Enclosed for filing please find two REV-1500 Inheritance Tax Returns (one original and one copy) for the abovementioned Estate, along with a check for$15.00 written to "Register of Wills" for the filing fees. Also enclosed is a copy of the first page of the REV-1500 return. Please date stamp this copy and return it to our office in the attached self-addressed, stamped envelope. Finally, enclosed is a letter addressed to the Pennsylvania Department of Revenue that should accompany the Inheritance Tax Return that is sent to them. We appreciate your assistance with this matter. If you should have any questions or concerns,please contact our office at your earliest convenience. Sincerely yours, PECKMAN CHAIT LLP (' C> cn r7 Cl David A. Peckman - V> Enclosures cn C,n C) PECKMAN CHAIT LLP ATTORNEYS AT LAW 29 Mainland Road Harleysville, PA 19438 Tel: 610.825.9000 Fax: 610.825.5900 Toll-free: 866.400.2500 Offices in Plymouth Meeting &Philadelphia Email: david@peckmanlaw.com February 20,2015 PA Department of Revenue Bureau of Individual Taxes o P.O. Box 280601 r. > Harrisburg,PA 17128-0601 RE: The Estate of Betty M. Boenzli Estate File #: 2113-0866 - -i N rn crt co a GJ "r 1 Dear Sir/Madam: Enclosed for filing please find a REV-1500 Inheritance Tax Return for the abovementioned Estate. We have only listed one asset on the return,as it is the only asset that did not pass wholly and completely to Betty M. Boenzli's husband, Gabriel H. Boenzli,who survived her. The asset included on the return was Jointly owned by Betty M. Boenzli,her husband Gabriel E. Boenzli,and her son, Gabriel H. Boenzli. All other assets owned by Mrs. Boenzli were jointly owned with her husband, Gabriel E. Boenzli,or titled in the name of their Revocable Living Trust. If you should have any questions or concerns,please contact our office at your earliest convenience. Sincerely yours R ' A ' r/ `Er. .',fes?L�/�,., ( PECKMAN CHAIT LLP t David A. Peckman Enclosures �. j Uq7Uja�� .��/J—