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<br />WILL AND DECREE RECORD
<br />THE AUGUSTINE CO. 18600.12.96
<br />14th day of February, 1931, the instrument purporting to be the last will and testament of Harry
<br />C.Faidley, deceased, was filed for probate in this Court. That on the 11th day of March, 1961,
<br />said instrument to which this certificate is attached was duly proved, probated and allowed as the
<br />last will and testament of the real and personal estate of said Harry C.Faidley, deceased, and the
<br />same was ordered to be recorded in the records of the Court aforesaid.
<br />IN WITNESS WHEREOF I have hereunto set my hand and affixed the seal of the County Court this
<br />11th day of March, 1931.
<br />(SEAL)
<br />Paul N. Kirk
<br />County Judge
<br />HALL COUNTY, NEBRASKA
<br />LAST WILL AND TESTAMENT F I L E D
<br />OF Feb. 14 1931
<br />HARRY C.FAIDLEY Paul N.Kirk
<br />COUNTY JUDGE
<br />I. HARRY C.FAIDLEY, of Grand Island, Nebraska, being of sound and disposing mind and memory, do
<br />hereby expressly revoke all wills, codicils, and other testamentary dispositions by me at any time
<br />heretofore made, and do hereby make, publish and declare this my Last Will and Testament, in the
<br />form and manner following, that is to say:
<br />FIRST. I declare that the name of my wife is Della Faidley; that I have no living children or
<br />issue.
<br />SECOND. I direct that all my just debts and funeral expenses be paid and discharged as soon as
<br />practicable after my death.
<br />THIRD. I give, devise and bequeath the real property constituting my residence at the time of
<br />my death, including the furnishings and equipment thereof, all my automobiles, jewelry,wearing
<br />apparel, and other personal effects to my wife, Della Faidley.
<br />FOURTH. All cash standing to my credit in any bank or banks at the date of my death, except
<br />so much thereof as may be required by my Executor for the payment of claims or charges against my
<br />estate, expenses of administration or specific bequests payable in cash, I'give and bequeath to my
<br />wife, Della Faidley.
<br />FIFTH. I hereby give, devise and bequeath to my brother, Lloyd H.Faidley, of Columbus, Nebraska,
<br />one hundred shares of the common stock of J.C.Penney Company held by me at the time of my death.
<br />SIXTH. I hereby give, devise, and bequeath to my wife, Della Faidley, one hundred shares of
<br />the common stock of J.C.Penney Company held by me at the time of my death.
<br />SEVENTH. I hereby give, devise and bequeath to the following named institutions the amounts set
<br />opposite their names, in cash:
<br />To the Christian Orphan's Home, St. Louis, Missouri, the sum of Five Thousand and no /100
<br />($5,000.00) Dollars.
<br />To the Masonic Home, Fremont, Nebraska, the sum of Five Thousand and no /100 ($5,000.00) Dollars.
<br />To the Nebraska Children's Home of Omaha, Nebraska, the sum of Five Thousand and no /100 ($5,000.00)
<br />Dollars.
<br />To the Presbyterian Church, Grand Island,Nebraska, the sum of Two Thousand Five Hundred and
<br />no /100 ($2,500-00) Dollars.
<br />EIGHTH. All the rest, residue and remainder of my estate, of whatsoever character and where-
<br />soever situate, including any lapsed legacies, I hereby give, devise and bequeath to my Trustees
<br />hereinafter named, and to their respective successors in trust, for the following uses and purposes,
<br />to -wit:
<br />(a) Said Trustees shall have full power in their discretion to hold and retain, so long as they
<br />deem such course advisable or proper, any securities or property which they may receive from my
<br />estate, whether or not the same may be legal for the investment of trust funds, in the same manner
<br />and under the same conditions as if they were legal for the investment of trust funds, or they may,
<br />subject to the provisions hereinafter in Paragraph Ninth set forth, with respect to retaining the
<br />common stock of J.C.Penney Company, sell, exchange, or otherwise dispose of the whole or any part
<br />of the same upon such terms and for such price as they may deem best, or they may sell, convey,
<br />lease for terms within or extending beyond the duration of this trust, or grant oil,gas and mineral
<br />rights in and to any real property subject to this trust, borrow money, and as security therefor
<br />pledge or mortgage the whole or any portion of the trust estate, exchange, partition or subdivide
<br />any of the trust estate, and loan, invest and reinvest the whole or any part of the principal of
<br />the trust in securities or property which may from time to time be legal for investment of trust
<br />funds; and in all other respects they may generally handle,manage,operate and dispose of the whole
<br />or any part of the trust estate in such manner and upon such terms and conditions as said Trustees
<br />may deem most advisable and for the best interests of said trust estate.
<br />(b) Said Trustees are hereby vested with absolute and uncontrolled discretion and power, insofar
<br />as they may lawfully do so, to determine what shall constitute principal of the trust estate or
<br />gross income therefrom or net income available for distribution under the terms of this trust;
<br />and they may also at their discretion improve any real property subject to this trust, build,alter,
<br />or repair any improvements thereon of such character, cost, and from such funds or property subject
<br />to this trust as they may deem advisable.
<br />(o) For the purpose of enabling said Trustees promptly and equitably to make the distributions,
<br />divisions and allocations of the principal of the trust estate, as hereinafter provided, said
<br />Trustees are hereby specifically authorized and empowered at their sole option and election, either
<br />themselves to appraise and segregate or to designate and appoint three disinterested persons to
<br />appraise and segregate the shares or portion of the principal of the trust estate to be at the
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