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����������� <br />�����*»�x�� <br />B. Disability Defined. For the purposes of this Trust, <br />"disability" shall mean a legal disability or the inability <br />to provide prompt and intelligent consideration to financial <br />matters by reason of illness or mental or physical <br />disability. The determination of whether a Grantor has a <br />disability shall be made by such Grantor's most recent <br />attending physician. The Trustee shall be entitled to rely <br />on written notice of that determination. <br />V. DEATH OF A GRANTOR. Upon the death of the first of the <br />Grantors to die (the "Decedent"), this trust shall continue for <br />the benefit of the surviving Grantor (the "Surviving Grantor"), <br />subject to distributions (if any) that may be required (i) by this <br />Agreement, or (ii) to pay the just debts, funeral expenses, and <br />expenses of last illness of the Decedent. <br />V%. DISTRIBUTION OF RESIDUARY TRUST ASSETS UPON THE SURVIVING <br />GRANTOR'S DEATH. Upon the death of the second of the Grantors to <br />die (the "Surviving Grantor"), the residuary assets of this Trust <br />shall be distributed to Dale R. Carlson, 4216 Utah Avenue, Grand <br />Island, Nebraska 68803. <br />If such beneficiary does not survive the Grantors, the residuary <br />assets shall be divided into two equal shares, with one share <br />distributed to the heirs-at-law of one Grantor, and the other <br />share distributed to the heirs-at-law of the other Grantor, their <br />identities and respective shares to be determined under the laws <br />of the State of Nebraska then in effect relating to the succession <br />of separate property that is not attributable to a decedent's <br />predeceased spouse. <br />VII, TRUSTEE POWERS. The Trustee, in addition to other powers <br />and authority granted by law or necessary or appropriate for <br />proper administration of the Trust, shall have the following <br />rights, powers, and authority without order of court and without <br />notice to anyone. <br />A. Receive Assets. To receive, hold, maintain, administer, <br />collect, invest and reinvest the trust assets, and collect <br />and apply the income, profits, and principal of the Trust in <br />accordance with the terms of this instrument. <br />B. Receive Additional Assets. To receive additional assets <br />from other sources, including assets received by bequest. <br />C. Standard of Care. To acquire, invest, reinvest, <br />exchange, retain, sell, and manage estate and trust assets, <br />exercising the judgment and care, under the circumstances <br />then prevailing, that persons of prudence, discretion and <br />intelligence exercise in the management of their own affairs, <br />not in regard to speculation but in regard to the permanent <br />-2- <br />