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3. No creditors are or will be prejudiced or affected herein. 4. The "Thomas J. Wagoner Irrevocable Trust" is a valid instrument created under the laws of the State of Nebraska on July 25, 1997. 5. The Petitioner, Judith A. Wagoner, is hereby appointed Successor Trustee, having consented to act as such and filed her written Consent of record herein. The beneficiaries of the noted Trust have filed written Consents to such appointment. The Settlor- Decedent has designated the Successor appointed Trustee in the Trust instrument. 6. The Successor appointed Trustee shall serve without bond, the same having been specifically waived by Settlor in Article 8.04 of the Trust instrument. Letters of Trustee shall issue if further required or necessary for the Court - appointed Successor Trustee to carry out the business of the Trust instrument. 7. In accordance with Neb. Rev. Stat. § 30 -2220 (2)(b), as amended, formal publication is waived as notice and waiver of hearing of these proceedings were acknowledged by all interested parties in writing and filed of record hereof. 8. In accordance with Neb. Rev. Stat. § 30 -2352, as amended, the Renunciation by the surviving beneficiary spouse of the Trust Settlor, known as Cecelia B. Wagoner, Disclaimant, has been perfected in writing and acknowledged as her voluntary and formal act, dated August 1, 2001, is filed of record hereof and was acknowledged in writing as received by the Successor Trustee on or before August 15, 2001. 2