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<br />200901122
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<br />the same to GraceN. Engel or to anyone or more of her issue, in such amounts as the Trustees
<br />may deem advisable, for the support and maintenance of Grace N. Engel or for the support and
<br />maintenance of anyone or more of her issue, at such times, in such manner, and in such
<br />proportions among such of these beneficiaries as the Trustees may deem advisable; and provided,
<br />further, that the Trustees, in the case of each such payment or application of income, shall
<br />determine that such payment or application is reasonable necessary to enable the beneficiary to
<br />be maintained in accordance with the station in life which such beneficiary has established. In
<br />making such determination, the Trustees shall take into consideration the amount of income
<br />which such beneficiary may enjoy from sources other than this trust estate. At the end of each
<br />calendar year, the Trustees shall add to the capital of the trust estate, as above provided, all of the
<br />net income for that year which was not paid to, or applied for the benefit of such beneficiaries.
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<br />(b) Upon the death of Grace N. Engel and all of her Issue, the Trustees shall pay over
<br />the trust estate, as it then exists, to such persons and in such estates, interests, and proportions, as
<br />Grace N. Engel, in and by her will duly admitted to probate, and not otherwise, shall point;
<br />provided, however, that Grace N. Engel shall appoint only to or for the benefit of her children,
<br />grandchildren, or more remote issue. The exercise of this power of appointment by Grace N.
<br />Engel, however, shall not apply to the proceeds of any life insurance on her life payable to this
<br />trust unless such proceeds are otherwise includible in her estate for federal estate tax purposes.
<br />Subject to the restrictions above, in the exercise of this power of appointment Grace N. Engel
<br />may appoint outright or in trust; she may fix the terms and conditions of the appointment in trust;
<br />she may create new powers of appointment and fix the terms thereof; she may provide different
<br />types of interests for different appointees; and, she may appoint in any manner or any
<br />proportions, provided that no appointment shall benefit persons other than those above described.
<br />In the event that Grace N. Engel shall not leave a valid will exercising this power 0 f
<br />appointment, then the trust estate shall be distributed, per stirpes, to the issue of Grace N. Engel
<br />surviving her, or if there be no such issue surviving Grace N. Engel, then the trust estate shall be
<br />distributed to the persons, other than the Grantor, who would be entitled to receive the property if
<br />Grace n. Engel died intestate, a resident ofthe State of Nebraska, owning the trust estate and no
<br />other property.
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<br />3. Invasion for emergencies. Notwithstanding anything herein contained to the
<br />contrary, if at anytime during the life of Grace N. Engel, any financial emergency arises in the
<br />affairs of Grace N. Engel or anyone or more of her issue as a result of accident, illness, or other
<br />unusual circumstances, the Trustees are authorized, in their discretion, to pay to Grace N. Engel
<br />or to anyone or more of her issue, or apply to her or their benefit, from the capital of the trust
<br />estate, such amount or amounts as the Trustees may, from time to time, deem advisable in the
<br />circumstances.
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<br />4. Trustee's powers. In the administration of this trust, the Trustees and their
<br />successors shall have the powers and duties accorded trustees under the Fiduciary Powers Act of
<br />the State of Nebraska, the provisions of which, by this reference, are made a part hereof with the
<br />same effect as though such language were set forth verbatim, all of which powers and duties shall
<br />be exercised in a fiduciary capacity, primarily in the interest ofthe beneficiaries.
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