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81-t~tiz353~' 23 24 25 26 27 28 C. The identity of each successor Trustee or Co-Trustee shall be established in the following manner: 1. Except for the original Trustee or Co-Trustees of this trust, the identity of any person or bank serving as a successor Trustee or co-Trustee hereunder shall be set forth in an affidavit that shall be duly subscribed and sworn to before a notary public by the person or bank claiming to serve as Trustee or Co-Trustee of this trust, and shall state that all other persons having a prior right to serve as Trustee hereunder have died or resigned, or are not willing or not able, in the opinion of the affiant or affiants, to serve as Trustee hereof. Third persons dealing with the Trustee may rely upon the contents of such an affidavit as conclusive evidence of the authority of the affiant to act as g j~ 2. For purposes of this Trust Agreement, a person shall be ,~ "able" to serve as Trustee hereof if such person's physical, 10 ?} mental and enotional condition is such that service as a Trustee ~j hereunder is reasonably possible and practical, and would not 12 ~ unduly jeopardize either ;a} the physical, mental or emotional well being of such person, or (b} the reasonable discharge of 12 (~ the duties of the Trustee hereunder consistent with the judg- ;~ meet of a reasonable prudent person. Inability to serve as a 13 i~ Trustee hereunder is not restricted to incompetence, but exists if a person is not "able" to serve as a Trustee hereunder in 14 ;~ keeping with the definitions as set forth in the foregoing sen- ii tense. the inability of any person to serve as Trustee or Co- i5 ~' Trustee `flreunder may be conclusively established by a written notice signed by that persons principal physician and by the 1~ ~ oldest adult beneficiary under the trust who is then living and I whu is not under legal disability, stating that, in their unani- 17 j moos opinion, the person whose ability to serve as Trustee or ~` as Co-Trustee is in question is, by reason of mental illness, 18 '~ mental deficiency, physical illness or disability, advanced age, or other cause, unable to effectively manage or take care of the 14 j trust estate without assistance. If the person whose ability to +~ serve is in question objects to the aforedescribed written notice, 20 ' he or she shall have the right to bring an action in a court of taw for the purpose of seeking a judicial determination as to 21 his or her ability to serve. those serving as Trustee ar as Co- (i Trustees hereunder during the pendency of such legal proceedings 22 ~ shall incur tto liability for any actions done in good faith dur- ;~ ing that period. D. Any person or bank serving as Trustee ow as Co-Trustee hereunder may resign at any time by giving thirty (30} days' written notice to each adult beneficiary then entitled to receive income from the trust. In the event of such a resignation, a successor Trustee shall be selected by a majority of the adult beneficiaries then entitled to receive income from the trust, unless outer provisions exist for the selection of a successor Trustee, in which case said other provisions shall prevai3. If the selection of a successor Trustee has not been made ny the effective date of the resignation, the resign- ing Trustee may petition for the appointment of Trustee in any appropriate Court. 24 E. If any bank should serve as Trustee hereunder, and if the trust estate contains any property as to which said bank cannot take legal title 3Q j(as, far exaarple, real property located in certain other states}, then said bank maY appoint, through an affidavit of appointment, a Trustee ar Co-Trustee 31 is of its choosing, for the purpose of taking title to said property and assist- jing in carrying out the provisions of this Trust Agreement. Any trustee or ~ ~ Go-i'rustee sa appointed shall be subject to all of the provisions of this ~~ ~,~£ ~ Trust Agreement. ritsauarsr. cv+*s ~ a AtlR f6 r a •D~ „ ~ - 3 ° a,,.g.~,.,,,,.er.ceeaa ~; i