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<br /> WILL� AND DECREE RECORD
<br /> 28081—The Augustine Co., Grand Ialand, Nebr.
<br /> LAST WTLL AND TESTAA2ENT OF CHARLES C. HAVEAIS.
<br /> I, Charl.es C. Havens, of Grand Island, Hall Cvunty, Nebraska, do hereby make, publish and de-
<br />', clare this, my last will and testam�nt, hereby revo�ing al1 wi11s, testamente and eodieils here�o-
<br /> Pore made by me, as follows:
<br /> ITEM ONE.
<br /> I direct that my remains shall be interred in the fam3.ly buri�.� lo� of my father, Lot 27,
<br /> Block 1 in �Ghe Greenfield Cemetery in Gr�enf�.eld, Adair County, Towa �nd tha� a suitable headston�
<br /> be installed to mark�. my grave. I have communicated my wishes for my funeral to Livingston &
<br /> Sondermann and T direct my executor to first pay their reasonable charges and other ela3.ms allowe8
<br /> against my estate out of my personal proper�y.
<br /> �j ITEM T�T�.
<br /> A11. �he res'� and remainder of my personal property, I give and bequeath to my son, Rex E.
<br /> Havens, should he survive me, and should he die before me, T give and bequeath '�he same to my
<br /> grandson, Rex C. Havens; shauld he die before me, I give and bequeath the same to the ehild or
<br /> children of Rex C. Havens, shaxe and share alike, if over �wenty--one year� of a�e and if any sueh
<br /> child or children be under twenty-one year� oP age, the share oP sueh m3.nor or minors I give a�id
<br /> b�queath to the First National Bank of Grand �sland, Nebraska, in trust nevertheless, to pay tY�e
<br /> same in its di�cretion ei�her to said minor or minors or to the parent or person having the eustody►
<br /> of said minor or minors, for their support and educativn a� such times and in such a,mounta as in
<br /> its discretion seems advisable, considering the needs and cireumstanees of the m3.nor ahildren, or
<br /> if not required for their support and education, '�he trustee may invest the each ehild�s share to
<br /> be paid to it as each child arrives at the age oP twenty--one years. The appointrnent o�' a guardian
<br /> shall not be required and the receipt of the minor, parent or eustoc'l�.an of the minor sha11 be �
<br /> dischar ge to �he trus�ee of a11 liability for the payment �hereof.
<br /> age TTEM THAEE.
<br /> 2. T gfve and d�vise to th� First National B�nk af arand Island, Nebraska, or its successor, as
<br /> trustee; to be held by it in trust upon the trusts, terms, provisions and conditions hereinafter
<br /> eet forth, all of the real estate, now owned or hereafter acquired by me and wherever si'tuated;
<br /> the trustee sha11, from the time ot' my death, except a.s hereinaf'ter prov3.ded, take posgession of
<br /> a11 mg real �s�ate, manage, control and lease the same for terms not exce�d '�en years, collec'� ths
<br /> rents, issues and profits �here�'rom, sign consents to, or proteata against, any publie improveme�tts
<br /> h for which special as5esaments may be 1evi�d or aasessed, settle boundary disputes and grant ease-
<br /> �j ments f'or rights-of-way, make party wa11 agreements, keep in repair, keep the �.mprovemen�s thereor�
<br /> fully 3.nsured, make agreements eoncerning sewers, water mains and o�her publ�.c utilities, and in
<br /> case of fire or loss �o collec'G and receipt for the insurance and use the sarne to repair or restore
<br /> th� loss, or, in case of the complete or practically total destruc'�lon of any buildin�, to consul�
<br /> with the beneficiary then entitled to receive the �ncome from the trust e�tate and, 3.f it meets �
<br /> wi�h the approval of the beneficiary, to use the proceeds of the insurance '�o rebuild the bui7.ding
<br /> d�stroyed, or it may �wi�h the consen� of such beneficiaxy invest the proceeds from the insurance,
<br /> which sha11 be paid to the trustee, as hereinafter provided, the investments �o become part of the
<br /> corpus or principal in the tru�t estate, the principal and income therefrom to be des�ributed aa
<br /> provided herein and 3.f �he beneficiary whose eonsent is required be not oP age and competent to
<br /> act, the trus�ee shall use its di�cretion as to rebuilding or selling the real estate, provided
<br /> however, if my son, Rex E. Havens, returns to Grand Island, Nebraska and lives here, T authorize
<br /> a,n$ di�ect '�he trustee to permit him to use and occupy or to �ollec'� the rents, issues and proPit3s
<br /> oY all my real estate, so long as he ke�ps th� taxes and assessmen�s thereon paid before they be-
<br /> come delinquent, keeps the insuranee th�reon in force and the improvernents fu11y insured and sees
<br /> that the 3mprovements are kept in reasonably good repair a.nd T require as a condition that my said
<br /> ��e son shall a.nnually deli�rer to the trus�ee rece3.p�Gs in full for the taxes, ins�allments of special
<br /> �. a.saessments, if any, and premiums on the insurance, before the same became delinquent; m��r may r�n'G
<br /> a11 of the real estate owned by me a'� my death, while h� lives in Grand Island, Nebraska provided
<br /> a.11 rent reserved by �he lease shall be paid monthly except in case of farm 1and, which may be pay-
<br /> • able annually as customary and �ma_� son may colleet �he rentals but may not anticipate, assigr� or
<br /> aliena'�e the,rn as hereinafter provided. Should my said son remove from Grand Island, Nebra�ka or
<br /> fail or keep or observe any of the eonditions herein, his r3ghts abQVe conferred shall cease and S
<br /> direc� the trust�e to take over the collection aP rents, mana,�ement and eon�rol of all my real es-
<br /> tate and thereafter exere�.se a11 the powers hereby conferred on the trustee wi'�h referenee thereto
<br /> as �hough my son had not returned to Grand Tsland, I�ebraska and assumed control thereoP. And a�'ter
<br /> � the dea�h oP my son, Rex E. Havens, T authorize and ,direct the trustee �n 7.ike manner to permit my
<br /> grandson, Rex C. Havens, should he return and live in Grand Tsland, Nebraska, to exercise the same
<br /> rights w3.�h respect to �he real es'ta'�e, on the same �erms, provi�ions and conditions as prov3ded
<br /> above for my sa�.d son.
<br /> - ITEM FOUR.
<br /> T au�horize and empower my trustee �o sell any and a11 the real egta.te owned by me at my
<br /> death, wh�ther destroyed by fire or not, or any part thereof, at public or private 5a1e, providing
<br /> my son, Rex E. Havens, 3.f living, or my grandson, Rex C. Havens, if my son be dea.d, or the adult
<br /> child or ehildren of Rex C. Havens, if both my son and gra.ndson have died, sha.l.l con�en'G in writing
<br /> to the sale vr sales or ,�ain in the deed or deeds but the purchase money or net proe�eds of the
<br /> sale or sales shall be paid to �he tru8tee and the trustee 1s directed tQ invest the net proceeds
<br /> of the sale or sales as provided herein- the investmen�s �o become part of the principai or corpus
<br /> of the trust esta.te and to d.f.stribute the prineipa,l and income therefrom a� providea herein and the
<br /> purchaser or purchasers of the real esta�e sha11 no'� be required to see to the application of the
<br /> purehase money.
<br /> Pag� TTEM FIVE.
<br /> �-. The '�rustee, whi.le it collects the net incom� from the trust estate, shall appZy the same to
<br /> the payment of any liens, if aMy, an the real estate, th� taxes and asaessments thereon, insurance
<br /> premiumg, repairs, neeessar�y expenses and charges of the trustee and shall pay the residue 'to m;�
<br /> . son, Rex E. Havens Por and. during his lifetim� and f'rom and after his decease, or upon my dea�h,
<br /> should my son, Rex E. Havens, die befor� me, my trustee sha1.1 pay the sarne to my grandson, Rex C.
<br /> Havens during his natural life and from and af'ter the death of Rex C. Haven�, or Prom and af�er
<br /> '�he death of my son, should my said grandson die before my said son, or �rom and after my death,
<br /> should both my son and grandeon die bef4re me, the trust�e sha11 pay the net ineome �'rom the trus�
<br /> � esta�e to the child or children, share and share alike, � of my grandson, Rex C. Havens, until the
<br /> youngest ch�ld of Rex C. Havens shall att�in the age of twenty-one years- the '�rus�ee to hav� the
<br /> same authority and discretion in the payment of the share o� income to a minor as provided in
<br /> I�em Two hereof. The trust shall termina�e, after the death of �he 5urvivor of my son and grandson,
<br /> wh�en the youngest child o�' my grandson shall a'�tain the a�;e of twen�y-one years or iP all the
<br /> ehlldren of Rex C. Havens are af age at� the dea�h of the survivor of my son and grandson, the trust '
<br /> shall terminate on the death of the survivor o�' my son and grandson and on the termination of the
<br /> tru�t, �he title to any land in the �Grust estate shall vest in po�session in the chi1�;: Q� ehildren,
<br /> as the case may be, o�' Rex C. Haven� and if any oP his childr�en have died leaving a descendant or
<br /> descendant hirn or her survi�ring at the termina�ion of the trust, such descendant or descendants
<br /> sha11 stand in the plac� of the parent and take the sha,re the parent would hav� taken hereunder if
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