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201002139 WHEREAS, the Decedent, Jack S. Ochsner, died testate with his Last Will and Testament dated July 10, 2003 being admitted to probate in the County Court of Adams County, Nebraska, which Court on August 5, 2009, issued Letters of Personal Representative to Marie M. Ochsner as Personal Representative of the Estate of Jack S. Ochsner, Deceased; WHEREAS, on July 10, 2003, the Decedent, Jack S. Ochsner, executed a certain Trust Agreement creating the Jack S. Ochsner Revocable Living Trust Agreement which Trust Agreement was in full force and effect as of the date of said Jack S. Ochsner's death; WHEREAS, the undersigned, Marie M. Ochsner, is the surviving spouse of the Decedent, Jack S. Ochsner, and is one of the beneficiaries of the Family Trust created pursuant to ARTICLE IX, Paragraph ~B., of the aforesaid Jack S. Ochsner Revocable Living Trust Agreement dated July 10, 2003; WHEREAS, the Decedent, Jack S. Ochsner, pursuant to ARTICLE IX, Paragraph B., of the aforesaid Jack S. Ochsner Revocable Living Trust Agreement dated July 10, 2003, provided that in the event said Marie M. Ochsner predeceased the Decedent, Jack S. Ochsner, all assets which would have otherwise been allocated to the Family Trust to be held, administered and dis- tributed pursuant to ARTICLE IX, Paragraph B. of said Trust Agreement shall instead be distributed to Tracy A. Ochsner, the son of the Decedent, Jack S. Ochsner, outright and free of trust to be his absolutely and forever. WHEREAS, the undersigned, Marie M. Ochsner, acknowledges that she is releasing something which might be of substantial value to her but she does not expect to nor has she received any consideration in money or otherwise for the execution of this document; 2