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200305298
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10/15/2011 9:38:44 PM
Creation date
10/21/2005 5:18:30 PM
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DEEDS
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200305298
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200305293 <br />estate into equal shares, one (1) share for each of the Trustee's then surviving children. If all of <br />the Trustee's children should predecease the Trustor, then the remainder of the trust estate shall <br />be divided among the issue of Trustor's children, in equal shares, by right of representation. All <br />such shares shall be distributed outright subject to the withholding provisions of Paragraph 2.3. <br />2.3 Withholding Provisions: If any descendant of a deceased child of the Trustor is <br />under the age of twenty -one (21) years when the Trustee is directed to distribute a part of the trust <br />estate to such descendant, such part shall be continued in trust until the descendant reaches the age <br />of twenty -one (21) when it shall be distributed to the descendant free of trust. In the meantime, <br />the Trustee shall use so much of the income and principal of the trust estate as determined to be <br />required for the descendant's reasonable support, maintenance, health and education, adding to <br />principal any income not so used. As set forth above, however, the Trustee is under no duty to <br />make this realty income producing, recognizing that other assets may be added to the trust to <br />produce income at a later date, although this is not mandatory. In case of any such descendant's <br />death prior to reaching the age of twenty -one (21) years, any part then so held by the Trustee for <br />the benefit of such descendant shall be distributed to the remaining surviving descendants in equal <br />shares. <br />2.4 Failure to Survive: If upon the termination of the Trust there are no then surviving <br />children and no then surviving descendants of the Trustor, the remainder of the trust estate shall <br />be distributed to the Trustor's then surviving heirs -at -law determined pursuant to the laws of the <br />State of Washington. <br />ARTICLE III <br />Powers and Duties of Trustee <br />3.1 General Matters: In addition to the duties, powers and rights imposed and granted <br />by law, the Trustee shall have the power, and the exercise of discretion in the application thereof, <br />to: <br />(a) Accounting: Determine the allocation of receipts and expenses between <br />income and principal in accordance with the Washington Principal and Income Act. However, <br />there is reserved to the Trustee the power to make such equitable allocation as may nevertheless <br />be contrary to the terms of that Act with respect to allocations relating to underproductive property <br />depreciation, and trade, business and farming operations. The beneficiaries may demand an <br />annual accounting of the Trustee, which the Trustee shall comply with. <br />(b) Counsel: Rely with acquittance on advice of counsel on questions of law. <br />(c) Proxies: Issue proxies to any of the adult beneficiaries for the purpose of <br />voting stock of any corporation held in trust. <br />(d) Merger: Merge or combine any trust hereunder with a trust or trusts <br />otherwise established for substantially the same person or class of persons and with substantially <br />the same provisions and thereafter to administer and distribute such combined estate as one. <br />[G: \LAWTYPE \EL \JWR \ESTATE PLAN NING\ CLIENTS \STOVER \REALESTATETRUST.DOC] -2- <br />
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