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$1-~t~(l35?~-. 2 lion of the Trustee, provided that such a distribution is permis- sible under applicable laws and regulations, As to any items of 2 the type enumerated above that are not disposed of pursuant to a written statement or list signed by the surviving Trustor, the Trustee, following the death of-the surviving Trustor, is hereby authorized, in the sole discretion of the Trustee, to distribute 4 free of the trust at any time or times during the term of the trust created hereby, to the Trustors' lineal descendants, if 5 any, (whether or not said issue are then under the age of major- ity), such articles of personal or household use or ornament, as 6 described above, as the Trustee may deem appropriate, and such delivery shall exonerate the Trustee with respect thereto. At 7 ~ the time any such property is to be distributed, if all or any _ .. ..~ „cT _ __-_ _r `=~.-crtis$'-t"5-+:a-tF~o-r-Lin:-Fatsiii'~~ri35i;;-'_' 8 ~ then, and in that event, the portion o~f such property then in the Family Trust shall be purchased from the Family Trust by the 9 ~ Marital Trust for the then fair market value of such portion, { and then distributed from the ttarital Trust pursuant to the fore- i0 ( going provisions. tl 22 i3 14 15 t6 17 i8 19 20 21 ; 22 i; 23 is 24 in the a 25 26 ;' 2i 'r': ~ ;, 29 i~ ~ `( 31 ..~,. o.re.+~a ~ ~yy ffit;.4QU$itR'1. IY61M3 i • RtAgt~ f~ 3. 4. L(Fq Mi :{ b. Following the death of the surviving Trustor, the Trustee shall pay the then re{naining principal and undistributed income to SUCK persons or organizations (including the surviving Trus- tor's estatej, and in such amounts or proportions, and in such manner, including outright or in trust, as the surviving Trustor shall appoint in the surv:vi~g Trustor`s Last WiT1 and Testame^' or in the provisions of any other written instrument signed by said surviving Trustor on or after the date of execu- tion of this Trust ,Agreement. Such power of appointment shall be exercised by the surviving Trustor exclusively and in all events but shalt be exercisable only by specific reference to such power in a written instrument of the type described above. 7. Following the death of the surviving Trustor, if, and to the extent, distribution is not made from the Mari*.ai Trust pursuant to the exercise of Lhe power of appointment granted in the previous paragraph or pursuant ±o any other powers granted under this Paragraph u, the Trustee shall add such re- maining principal and undistributed income to the Family Trust, and hold, administer and distribute it as part thereof. The Marital Trust shall thereupon terminate. H. The Trustee shall hold, administer, and distribute the Family Trust following manner: 1. lf, in the opinion of the Trustee, the surviving Trustor is in need of funds to provide adequately far his or her health, edaacation, support, and maintenance, then the Trustee may pay to or for the benefit of said surviving Trustor such amounts from tip to tip from the net inctxne generated by the trust estate of the Faasily Trust as the Trustee shall determine in the Trus- tee's sole discretion Lo be necessary or appropriate for such purposes. However, if the net income generated by the trust estate shall at any time or times exceed the amount that the Trustee deems to be adequate for the needs and best interests of said surviving Trustor (considering the other income and means of support of the surviving Trustor known to the Trustee, including the incc~e from the surviving Trustor's own assets and - 11 -