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the U.S. Government; but in no event shall any year's invasion amount fall
telow the initial SS0,000.00 basis.
B. The Trustee shall elect to have all of Trust A, herein referred ,
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to as the "marital portion", treated as qualified terminable interest pro- E
perty for federal estate tax purp~ses. =
FIFTH: Upon the death of the Settlor's wife, or upon the Settlor's death
if his said wife does not survive him, the Trustee shall fcrthwith distribute
Trust A to his daughter, JENNIFER M. LOUDEN, if then living, or if not, then
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to her issue, per 5tirpes. In the event that at the time of termination of ~il
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Trust A, JENNIFER M. LOUDEN is not then living and has left no issue, then, in =
that event, the balance of the Trust shall be distributed in equal shares to
S. MICHELLE LOUDEN and L. BETH CUPPS, if living, and if not, then to their
issue, per stirpes.
SIXTH: The following provisions shall apply to the Trust Estate and to
each Trust under this Agreement:
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A. If income or discretionary amounts of principal become pay- ~
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able to a minor or to a person under legal disability, or to a person not ~
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I ad~udicated incompetent, but who, by reason of illness or mental or physical =
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~ disability, is in the opinion of the Trustee unable to properly manage his or
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` her affairs, then that income or principal shall be paid or expended only in
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~ such of the following ways as the Trustee deems best:
~ 1. To the beneficiary directly;
Z. To the legally appointed guardian of the beneficiary;
3. To a custodian for the beneficiary under a Uniform Gifts to
Minors Act;
4. By the Trustee directly for the benefit of the beneficiary;
S. To an adult relative or friend in reimbursement for amounts
~ properly advanced for the benefit of the beneficiary.
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~ B. The interest of the beneficiaries in principal or income shall
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~ not be subject to the claims of any creditor, any spouse for alimony or
support, or others, or to legal process, and may not be voluntarily alienated
or encumbered. This provision shall not limit the exercise of any power of
-COTT & FOGT
appointment.
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