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ARTICLE 12
TRUSTEES
(A) The `Prustee of this Trust during the Settlor's life-
time shall be YOUNG C. Si~IITH. Upon the death, resignation or in-
capacity of the Settlor, FRANK C. S1?iITH shall be the.sole Trustee.
(II) During the lifetime of the Settlor, no disinterested
p Trustee shall actually have duties or rocaers under this Trust;
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. x provided, however, that if the Settlor shall becone incapacitated
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~ through illness, age or other cause, then any interested party
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- ~(including the designated successor Trustee) to this Trust mav
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o allege in an affidavit to FRANK C. SMITH (the "Disinterested Trust e
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M Uesignate") tliat the Settlor is so incapacitated through illness,
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; age or other cause, that the Settlor is unable to care for the Set
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s tlor's-personal needs or finances. If (1) such allegation is ac-
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~ companied by the certificate of two reqistered Doctors, one_of who -
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i ~ is Settlor's family or attendant physician if available, t~at Set- t
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( : tlor is unable to care for the Settlor's personal needs or finance ,
~ ° or (2) if the Disinterested Trustee Designate determines by any
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~ other neans that the Settlor is unable to care for the Settlor's
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~ personal needs or finances, ttien the Designated Disinterested Trus -
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~ ee shall be the Disinterested Trustee and the Trustee or Co-truste s.
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~ designated herein as succeeding the Settlor upon the Settlor's dea ,
if any, shall succeed the Settlor until such time as the Settlor
shall no longer be so incapacitated. F7hether or not Settlor is
no longer so incapacitated shall be determined by a li}:e process
~ ~ as that used in determining Settlor's incapacity. Upon such deter ~
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• r.iination, the Settlor shall again be Trustee and shall reassur•1e
all of the title, po~~ers, rights, discretion, oblic~ations and ir~-
iaunities the Trustee possessed beiore the incapacity.
If the Disinterested Trnstee Designate refuses to
act within twenty (20) days of its receipt of such affidavit, an~ ;
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