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Aff - Fithian, Angeline_2/27/2007_. � � February 22, 2007 Gibson Counry Auditor �� 101 N. Main St. Princeton, IN 47670 Attention: Bobbie Deaz Madam: SUBJECT: PARCEL 009-00197-00 PARCEL 009-00199-00 The transfer of interest andlor ownership of PARCEL 009-00197-00 and PARCEL 009- 00199-00 from Fred R. Fithian, deceased, to Angeline Fithian. Fred R. Fithian died November 30, 2006. According to his will, I am the beneficiary. Fred R. Fithian owned 1/5 (one-fifth) interest of PARCEL 009-00197-00 and PARCEL 009-00199-00. Please transfer Fred R. Fithian's interest of the above two pazcels to me, Angeline Fithian. I am enclosing two documenu to substantiate my claim. The first is his Death Certificate. The second document is the Order Admitting Will to Probate as Muniment of Title issued in Williamson Counry, Texas where Fred R. Fithian resided and died. This document gives me the authority to Vansfer propeRy from Fred R. Fithian to myself. Note that a certified copy of the Will of Fred R. Fithian is attached. I believe these two documents aze all that is needed. Although 1 believe the above two documents should suffice, I am including copies of other supporting documents. A brief history of Fred R. Fithian's ownership and interest in the above pazcels follows. In 1971, Fred R. Fithian received 1/6 (one-sixth) interest upon the death of his father, William H. Fithian. In 1997, upon the death of one of the co-owners, Lillie M. Fithian, he received 1/5 (one-fifth) of her 1/6 (one-sixth) interest or 1/30 (one-thirtieth) of additional interest of PARCEL 009-00197-00 and PARCEL 009-00] 99-00. As of that time he then owned 1/5 (one-fifth) interest. In 1995, Fred R. Fithian released and quit-claimed his ownership to me, Angeline Fithiaii. On February 26, 2001, I then released and quit- claimed my ownership back to him. At the time of his death, Fred R. Fithan owned 1/5 (one-fifth) interest of PARCEL 009-00197-00 and PARCEL 009-00199-00. Thank you very much for your assistance. Sincerely, , �� .��/ Angeline Fithian 1603 Creekview Drive Round Rock, TX 78681 512-244-3224 � :r � �f �5� � - sia��".oF. Znd,'zii�.� — ;. COII:�TTY OF. ��GCe� ) � _�----•� ;_ . _ �'I�; � � � FE6 2 7 2007. ss •, AFFIDAVIT �� OId90N COUN7y q�pj�R FRED R. FITi?IAN , after bein.g duly upon his -oath deposes and.states as follows, to-wif: - sworn - 1.. That. .:=h2, is a son of..Ida F. Fithian coho died iate'state April:4',`".1939;aad who left as her only. heirs William-H. Fithian, her husband,;Agnes Wolfe;"daughter;.Ch�rles F. Fithian, son;..Paulina'HOrrall; daughter; Paris Pithian, son; Fred R. Fithian, son and Le;�nie: Steeie, daughter: 2.:.--That he is.a sbn . 'to William H: Fithian who died,intestate January_4,:1971:.3eavsng.-Susie A. Fith�an;,_a 5econd'ctiildless.widow�and tfie folLowing-children; . Agnes Wolfe; daughter; Charles F.. FitSian; sonj Patilina Horrall,; `.dauahter; Paris Fithian, son;. Fred R: Eithian,.son and Lennie = .:.- . '' - Steele,.daughter. -. 3. That the:affiant has a 1/6 interest in certain real_.estate owned by.Ida:F. Eithian af her death and_is' re-: _, '_mainderman to a T/3 of 1/3'life estate presently owned by Susie A. Fithian, Said real estate.beiaq--that described•in ;`, "Exhibit A".attached hereto.. `.. 4. That the sain Sus.ie A: -Fith�ian'=is,=,presently ,84 pears of aqe.and.is incapable of caring for herself. �" - 5. Tnat'the affiant has.in the past shared in the care.and maintenance of Susie A. Fithian� Th"af all monies. derived from the. sale of any property in which Susie A. Fithian. " has a life estate and in which the affiant is-a remainderman shall.•be used.iri the £uture:.for the continued care and maintenance_` of sa'id Susie A..Eithian. � J ' 6: To ascertain the value of:Susie A. Fithiam's ' life estate.in any real estate to which said interest anplies, _- !' 1/3_of l%3 of._tre purchase.p,rice.for said real estate snoyl_c��e muLti:plied by a factor'of :.23956, as C.0L2YIIlii.2Q DV ac..ua ��! a". �s : ��tables -used by . tne Internal Revenue Service fcr perso, s c}�i�g after Decer��ber 31, 1970. h �: : � • ? � The aPfian� fi�ither saith not. � � -� ' � ° , �r . . . � . _. i �. i . . .;ii . � �r� . . , _ - . _ � ' . " . . � t "- ' . � . _ . , . . . ' - ' - ' ' . . �•K�: } - };' � . '- - . . - 2 _ , /�l _ �!i � �i. I/t/ . ia � s '' ,� � n. � , ' c � � '... 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"' ,:F f�� rtrro rt : ��4ya�.n�, b� 1� F�• O � `C ` � . � � . e f , � 4' �A O � I • � . . �n� � £ N. . • ^ y�3 , ii.�7 F-• • r• �. � F-1 ' . (jIhp� F�� rt� p, . � Y��,�FY1, (� �'N •• H O. . .� � .rw, rI�i, Ui T� O f'. . � . .. IU� I-� N p� W� � - �,�, ,M��i m��rthmm w � � � 0 �"�.� � . h. �_ r_ ' �, N N�. p R7 m'iWny ��'. N�7. .. .. , � �� . W 7 � ' � �r} : ' " �A ." . , , �� . . . ' ;"LA,�_ JOHN N( BGLL4FiD. �OECC� ' �t90B-'1982� � BALLARD 6 REEVES PROFESSION<l GOGiPORGTION ATTORNEYS AT LAW 'It6 S. MAW-STREET R O. BOY. 456 PRINCETON. INOIA�IA 47670 Janu3ry ?th, 1997 ;Jiiliam 3. Fitnian 4 Cherokee �rive Vincennes, IN 47591 --- -- _- Fre�1 `ithi 3n -- --- __— - 1603 Creekview Drive °ound Rock, TX 78681-6209 Wilna '�lolfe Cullison R.R. r3 Box 40 Vinc?nn�s, iN 47591 [N RE: tstate of !illie M. Fithian �ear �ithian N=ir: � OAN L FEEVeb TELEPHONE �B'12j 385-96a1 F4X �012� �E132°69 Paulina Horrall 1431 McDowell Road Vincennes, IN 47591 Jane Brown bT00 �iary ivood- �7rive Newburgh, IN 47630 Lisa Wathan 935 Briarwood Drive Broo-msburg, Indiana 46111 Please find �nclosed a copy of the duly recorded personal rearesentatives' deed �•.here you were conveyed a portion of Mrs. Fithian's one-sixth interest in the ;itfiian Farm. Mrs. Fithian's one-sixth interest in the real es*ate was valued at �7,903.00 and all inheritance taxes have been paid by the estate. This office has contacted Farm Bureau Oil Company regarding the change in ownership interests and your names and addresses. Tiie oil company will be forviarding a division order for your review and signature. Should you have any questions, please advise. Sincerely, �Q'"- �. 6 � Dan L. Reeve� °A!LARD & REEVES, P.C. DLR!jb ef1C. ��'IL,�L� • �.�63f .. a., ' �f�8'�2 2007 �`�*"�� } ,�_ .�d�' rt�wn ,H�s� � PERSONAL REPRESENTATIVES' DEED o��n.o.,e � AT � � vG. �.u. pIB50N'C �N� AUDITOR �row� �-. °° �� MARY CAR�lA1iA�l and MARIE TOLBERT, are the Personal Representztives of tne Esta*_e of LILLIE �A. FITHIAN, deceased. This estate is pending as Cause Number• 26C01-9604-EU-0037 in Gibson County, lndiana. The Personal Representatives, by VIRTUE of the POblER given a personal re�resentative under Indiana Law, hereby distribute to WILLIAM B. FITHIAN, WILMA WOLFE CULLISON, and PAULINA HORRALL, all �;= v��y.r��±y, Sta*e of Indiana_and FRED FITHIAN of Williamson County, State of Texas, an undivided one-thirtieth (1/30th) interest each and LISA WATHAM of Hendricks County, State of Indiana and JANE BROWN of Warrick County, State of Indiana, an undivided one-sixtieth (1/6Uth) interest each, in the followir�g described real estate situate in Gibson County, State of Indiana, to-wit: The west half of the southeast fractionai quarter of Section 23, Township 1 north, Range 10 west, and the southeast quarter of the southeast quarter of Section 23, Township 1 north, Range 10 west, con- taining in all 109.acres, more or less; ALSO, a part of the north half of the northeast quarter of S2ction 26, Township i north, Range 10 wes*_, described as follows: Begin at a point 14 chains and 35 links west of the northeast corner of said quarter section and run thence south 2 chains and 23.6 links; thence west 2 chains and 23.6 links; thence north 2 chains and 23.6 links; thence east 2 chains and 23.6 links to the place of beginning, con- taining 0.5 of an acre. The decedent, LILLIE M. FITHIAN, owned an undivided one-sixth i_nterest - in tne above desr.ri�ed reai estaie at i.ne date o� her �emise. - IN WITNESS WHEREOF, the said MARY CARNAHAN and MARIE TOLBERT, as Personal Representatives of the Estate of LILLIE M. FITHIAN, deceased, have hereunto set their hands and seals this �� day of December, 1996. 'h� G�z..�� O�t ./�. MARY NAHAN, Personal Representative of the Estate of LILLIE M. FITHIAN, deceased , _, � 7� � l.C}:1ti.. ��''!t fJ t,. lr:-,:.;-' . MARI�6 T, Personal ° P,epresentative of the Estate of LILLIE M. FITHIAN, deceased � .. . ,., �� STATE OF INDIANA • i SS: COUNTY�OF GIBSON . . . nik:i-. - , Before me, the undersigned, a Notary Public; in,iand for said County and. State, personally appeared MARY CARNAHAN and�MARIE.tT;OLBERT, as Personal Representatives of the Estate of LILLIE M. FITHI•AN,�deceased, and acknowledged the execution of said deed to be their voluntary act and deed for the uses and purposes expressed therein. WITNESS my hand and-seal this a� f� day of December, 1996. tpires: - --- — _ . � /<z.��.f� Notary Public _ / JAyce Larson Box�ll Resident of Gibson County, IN PREPARED BY DAN L. REEVES, ATTORNEY AT LAW. MAIL TAX DUP.LICATES-T0: WILLIAM B. FITHIAN 4 Cherokee Drive Vincennes, Indiana 47591 �� . . �l-r`.�"' 9�v - � y� �� ° � .`�FILEI� . �,��7 ZOO7 QUIT-CLAIM DEED • s�� j-.� - 9� ��'� �� Q��N1��f�f��W�iNESSETH, That FRED R. FITHIAN of Williamson County, State of Texas RELEASES and QUIT-CIAIMS to ANGELINE FITHIAN, of Williamson County, State of Texas, for and in consideration of the sum of One Dollar ($1.00) and other valuable consideration the receipt whereof is hereby acknowledged, all of his right, title and interest in and to the following described real estate situate in Gibson County, State of Indiana, to-wit: The west half of the southeast frectional querter of Section 23, Township 1 north, Range 10 west, and the southeast quarter of the southeast quarter of Section 23, Township 1 north, Range 10 Y�est, con- taining in all 109 acres, more or less; ALSO, a part of the north half of the northeast quarter of Section 26, Township 1 north, Range 10 west, described as follows: Begin at a point 14 chains and 35 links �vest of the northeast corner of said quarter section and run thence south 2 chains and 23.6 links; thence west 2 chains and 23.6 links; thence north 2 chains and 23.6 links; thence east 2 chains and 23.6 links to the place of beginning, con- taining 0.5 of an acre. IN WITNESS WHEREOF, the said FRED R. FITHIAN has hereunto set his hand ana seal this a� day of September, 1995. �i�F �o�� fRE R. FITHIAN STATE OF INDIANA, COUNTY OF GIBSON, SS: Before me, a Notary Public, in and for said County and State, this a� day of September, 1995, came FRED R. FITHIAN and acknowledged the execution of the foregoing instrument. Witness my hand and official seal. j� - My Commission Expires: 7/15/1999 1 _,,.�/ NOTARY PUBLIC �' O oy 'Larson Boxell Resident of 6ibson County, IN. THIS INSTRUMENT PREPARED BY DAN L. REE4ES, ATTORNEY AT LAW, 116 S. Main Street P.O. Box 456, Princeton, Indiana 47610 � '�� L-:l >., ::,.�:::_ " 'r rte��r' .Ti.U��f;t .:.'li1...... � t.l:!ilidLiaP: .� =.`•J: Fit li:. �.-i. _. _i111i ! Y. t.li. : FEB 2 7 2007 -�• `�ir�...,Q��+�V`�. QU1T CLAlM DEED. , '', OIBSON COUNTY AuDITOR � (!� TH1S 1NDENTURE WITNESSETH.'l'hai �i�'GELL\E h7'fHIAN, o� z J � �1'illian:son County, State of "1'exas, RELEASES and QUIT CLAIi11S to FRL:D R. FITHIAN. of lUiiliamson Count��. State of Tesas, for and in consideratiun of the sum ol (�nc liollar ($1.00) and other valuable consideration, the receipt whereof is hereby acknowled�ed. all of her right, tide and interest in and to the followine described real estate situate in Gibson County, in the State of Indiana, to-�vit: The ��est half of the southeast fractional quarter of Section 23, "fo��nship l north. Range 10 west. and the southeast quarter of the southeast yuarter of Seciion 23. To�anship 1 north. Range ]0 west, containine in all 109 acres, more or I�ss: ALSO. a part of the north half of the northeast quarter of Section 26. To��nship 1 north. Range 10 H�est, described as follows: Begin at a point 14 chains and 3� linl:s west of the northeast corner of said quarter section and run thencr ;uuth 2 chains and 23.6 links: thence west 2 chains and 23.6 links; thence north 3 chains and 23.6 links: tlience east 2 chains and 23.6 links to the placc of beginnim�. containing 0.� of an acre. IN WITNESS WHEREOF, The said ANGELINE FITHIA�' has hereunto set her hand and seal this .��_ day of Fz�; ,,. u � T 2001. ; I � ' i" / /' /• C-') / � / � 7"� ' / — . � ��%G _.et!/.�� _ ,�_ ANGE E FlTH1AN S7'ATE OF TEXAS. COU1�'7'Y OF�},,.\\��w,�.,-. . SS: Before me. a Notary Public; in and for said County and State, this ��dati� of _ �zb: �: ;� . 2001 came ANGELINE FITHIAN and a• �o, � �i� P foregoing instrum�n[. ;r=�NTHIA MA}� � Notary PuMk, St3ta ol Tezes Witness mv hand and official seal. my commission expires: MylTmti.::on Ex� ru ��T�e�R 28, 2��3 - tJotary Public o� of�_,.��..,, - Counn�, "fX THIS INSTRUMENT PREPARED BY DAN L. REEVES, Attorney at La�� II)# �9�2-26. I 16 S. Main Street, P.O. Box 4�6, Princeton, Indiana =F7670 �1ail Tax Duplicates to: . .. FRED R. FITHIA\'. 1603 Geek�ie�� Drive, Kound Rock,'I'X 78681 a� � �.Q.�_ __ ��/ �:,,.:. �,, ,,.:. ..�. �0 9-�/97-0� � 9-u /99-��- - . --� ----�-- � ... �—�---�--- • , Pred � Ross Fithian , SSIX �. n""� 88 ' �. '�a �'�c�a��nx..�u.�.a nu+�� :� +o«smvtesrneEr�noness - : . _ 1603 Creekviev Dz. top.CpMV - tp�.9T�tE . �ftl.ZIDCOOf i71111amaon Texas , 7868] z onre ov outn-ema�ma� Nov.'30,2006 MY 60RtTnPIACE�Cry66te�aFaq�Cwra� � Gibson�CO.,Indiana POUSE P N�. Y�+� V4 b 6v wn1�11 ine Arvin � o �mcmonme+i �.. Round Rock�� 1Lb. P1510E CRY lWR9i �r. : ra ;%.aa� RoEwlnawuwEOw�nasrrr�l� soFwrno{zlAwEOSa%ewHEHEm�tv+nuNANOSPrtu: , �. . 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TEXAS i y�% }�Y __ o�-* sa � No.On-M`�1-f P`� C� ESTATE OF § IN THE �I COURT § FRED ROSS FITHIAN, § OF § DECEASED § WILLIAMSON COUNTY, TEXAS ORDER ADMITTING WILL TO PROBATE AS MUNIMENT OF TITLE On this day came on to be heard the Application For Probate of Will as Muniment of Title filed by ANGELINE MARIE FITHIAN ("ApplicanY') in the Estate of FRED ROSS FITHIAN, Deceased ("DecedenY'). The Court, having heard the evidence and having reviewed the Will and the other documents filed herein, finds that the allegations contained in the Application are true; that notice and citation have been given in the manner and for the length of time required by law; that Decedent is dead and that four years have not elapsed since the date of DecedenYs death; that this CouR has jurisdiction and venue on the DecedenYs estate; that Decedent left a Will dated March 2, 1993, executed with the formalities and solemnities and under the circumstances required by law to make it a valid Will; that on such date Decedent had attained the age of 18 years and was of sound mind; that such Will was not revoked by Decedent; that no objection to or contest of the probate of such Will has been filed; that all of the necessary proof required for the probate of such will has been made; that such Will is entitled to probate; that no necessity exists for the administration of this estate; that the will should be admitted to probate as a muniment of titie; and that the affidavit which would otherwise be required by Tex. Prob. Code Ann. § 89C(d) is not necessa in this matter and the requirement for such affidavit should be waived. � � � � � BEAT—UEAND FEB 2 7 2001 GIBSON'COU � A��TOR QERTIFIEDTO n CORRECTCOPY ,�;"°''A NANCYE.P�STER,CowryCleck '��F Y�msonCourdY � �_of_L� : � :L . • It is therefore ORDERED, ADJUDGED and DECREED that such Will is admitted to probate as a muniment of title pursuant to Tex. Prob. Code Ann. § 89C, and the Clerk of this Court is ORDERED to record the Will, together with the Application in the Minutes of this Court. It is further ORDERED, ADJUDGED and DECREED that the filing of an affidavit which would othervvise be required by Tex. Prob. Code Ann. § 89C(d) is hereby waived. SIGNED this � day of ORDER ADMITTING WILL TO PROBA7E AS MUNIMENT OF TITLE r �� _ F%. = 5: �� = :'_i i : � = -o �_� TI �J 3J r � � CERTIFlEDTO BE ATNUE AND CARRECTCOPY ,�'`""'� NANCYE.R!STER,CowtyGetk �� 11V�msonCounty � n,.v, �_of� N O 1 o II �1 T� m W" N �� O a 'V 1 � � 1 � � ti/ N � ^ L/.J PAGE3 � �J �-� `� "" L�'ii ��'� � - C' �� .�t 3Ui11 �.n� C7� P�t�mPnf �ILED FEB 2 7 2007 OF aU� 'a FRED ROSS FITHIAN GIBSO�V�tJTY AUDITOR CI?�}� :�; -_ ,� J __ ` ;-� _.� �� _�,�; �_, �� _ -� :l't �y i-� � .'J __� .. �: � b I, FRED ROSS FITHIAN, of Williamson County, Texas, declare this to be my Last will, and I revoke any prior Wills and Codicils. Reference to Certain Fami1Y Members: I am married, and my wife's name is ANGELZNE MARZE FZTHIAN. All references to "my wife" or "my spouse" are to her. I have two (2) children, now living, and their names are PAULA KOEPKE and FREDA STRZELEC. Property Beinq Disposed: It is my intention to dispose of my interest in the community property of my wife and myself, and of all of my separate property. However, T do not intend to exercise any power of appointment which I now possess or which may hereafter be conferred on me, unless such power is specifically referred to herein or in any Codicil hereto. ARTICLE I BEQUESTS AND DEVISES I devise and bequeath my entire estate, which shall not include ariy property over which I have nower. of annoi.n�mAnr at T}. death, as follows: 1.01 Automobiles, Household Goods, Personal Effects, Etc.: All of my interest in all personal automobiles, boats, club memberships, sporting equipment, household goods, furniture, china, jewelry, bric-a-brac, silver, works of art, clothing, personal effects, and any other similar items (the determination of which items of property fall within such categories shall be in the good faith judgment of my Executor), together with any insurance on such items, I give to my wife, but if my wif.e does not survive me, equally to my daughters, PAULA KOEPKE and FREDA STRZELEC, or the survivor of them. If neither survive me, this gift shall lapse. If my wife does not survive me, the tangible personal property passing to my beneficiaries under the immediately preceding paragraph shall be divided among those beneficiaries who survive me in the shares that they shall unanimously decide. Zf those beneficiaries are not above to reach a unanimous decision as to the division of such prooerty within ninety (90) days after the date of this c�ill is admitted to probate, then by Executor may, in its discretion, (a) paititicn and distribete any or all of th?s'prope-ty amenq those beneficiaries ir, a mar.r.er it determines to be appropriate, taking into account the percentage distri- bution contained in Paragraph 2.01 of this Will, and/or (b) sell any or all of this property and include the proceeds of the sale as part of my residuary estate. In addition, in the absence of a unanimous decision, the items my F.xecutor determines to be of no present or probable future use to those beneficiaries shall be disposed of by my Executor by gift to any charity or person, by abandonment or destruction, if appropriate, in the discrFtion of 3WILL492:WILLI2D CERTIFlEDTO BE ATFUE At�D CORRECT CQPY .�f�-�1_ �F+T ��4'� NANCYE.RSiER,C0U�1yCierk F. R. F. _ 1 _ ��' 4"�WmsonGounty �' �� 3 or� . I . _ . --� • • my Executor. If any such beneficiary is not of legal age, my Executor shall act as provided in this paragraph. Any cost of packing and shipping this property shall be charged against my estate as an expense of administration. I may have made, or may from time to time make, written memoranda in which I request that certain items of such tangible personal property be distributed to certain named persons. Z urge the beneficiaries of my estate to respect these written requests, and my Executor shall be fully protected in relying upon such memoranda. 1.02 Real Property Residence: If my wife survives me, I give her any interest I may have in any real property I own at the time of my death that we then use as our principal residence, together with all buildings and improvements on the property, all related appurtenances, and all related policies or proceeds of insurance. If she does not survive me, this gift shall lapse. Any indebtedness secured by a lien on this property and expressly described in the instrument creating the lien shall be paid out of any residuary estate. Nothing in this will shall be construed as requiring any prepayment of the indebtedness. 1.03 Farm in Indiana: If my wife survives me, I give her any interest I may have in my separate property farm in Washington Township, Gibson County, Indiana, being an undivided 1/6 interest in approximately 110 acres. If she does not survive me, this gift shall lapse. 1.04 Pecuniary Marital Deduction Gift: If my wife survives me, I give to my wife an amount equal to the maximum federal estate tax marital deduction allowable in determinina the federal estate tax payable by reason of any death, LESS, however, the marital deduction allowed by reason of all interests in property that pass or have passed to my wife other than by virtue of this pecuniary formula federal estate tax marital deduction gift (the words "pass or have passed" having the same meaning as such words shall have under the provisions of the Code). Zn making the computations necessary to determine the amount of this pecuniary federal estate tax marital deduction gift, (a) values as finally determined for federal estate tax purposes shall be used and (b) there shall be disregarded all transfers as to which I am the "deemed transferor," under Section 2612 of the Code and which would otherwise result under Section 2602(c)(5)(A) of the Code in increasing the maximum allowable marital deduction, or which would have like effect under the corresponding provisions of any federal tax law. The amount of the foregoing pecuniary federal estate tax marital deduction gift shall be reduced by the amount, if any, needed to increase my taxable estate to the largest amount that will result in no federal estate tax being payable by my estate, after allowing for the unified credit against t.he federal estate tax but no other credits. However, if my wife survives me but does not survive me by at least 90 days, the amount of this marital deduction gift shall be reduced by a sum equal to one-half (1/2) of the amount by which the value of my wife's taxable estate would exceed (but for this change) the value of my taxable estate (but for this change). My Executor shall not satisfy this gift with any property or interest in property which is not eligible to satisfy the marital deduction. In addition, my Executor shall not satisfy this gift CERTiFIED'fOBEA�UEAND � Q CORRECTCOPY oz � 3WZLL492:WILLI2D _ 2_ ��° �CYE.RSTER,CAUtItJfCIBfkF. R. F. �� ;9�msonCou�y � �,.�, �of�� J � with any property or interest in property which is subject to death taxation by a foreign country, if the other available assets of my estate are sufficient to fully satisfy this gift. Zn distributing assets in satisfaction of this gift, my Executor shall value the assets as of the date of their respective distributions. It is my intention that the foregoing formula pecuniary estate tax marital deduction gift shall qualify for a marital deduction in determining the federal estate tax payable by reason of my death. Although my Executor and Trustee shall be vested with all discretionary powers, rights and authorities herein conferred, no such Executor or Trustee shall have any power, right or authority which would disqualify such gift for such marital deduction and accordingly, all other provisions of this will shall be subordinate to this requirement. 1.05 Residuary Estate: All of the remainder of my estate, including any preceding gift which may have lapsed, herein referred to as "my residuary estate," I give to the Trustee herein named of THE FITHIAN FAMILY TRUST, hereinafter collectively referred to as the "Trustee", in trust as herein set out. ARTICLE II TRUST PROVISIONS 2.01 The Fithian Family Trust: The gift under the provisions of Article I to the Trustee of THE FITHIAN FAMILY TRUST shall constitute the Trust Estate of a Trust, the basic provisions of which shall be as follows: (a) Distributions Durinq Trust Term: During the term of such Trust, the Trustee, from time to time, shall distribute to my spouse such amounts of the net income and principal or both of such Trust Estate, up to the whole thereof, as are sufficient to provide for the reasonably necessary health, support and maintenance of my spouse. Net income of the Trust shall be distributed to my spouse at least quarterly. In making such distributions to my spouse, the Trustee shall take into account any financial resources (both income and principal) my spouse may have from other sources to the knowledge of the Trustee. (b) Final Distribution: When my spouse has died such Trust Estate shall be distributed as follows: (1) Upon the death of my wife, my Trustee shall distribute the corpus thereof, including all accrued but undistributed interest and income, in equal shares to PAULA KOEPKE and FREDA STRZELEC, provided however, if any such child of mine is not then living, his share of the trust estate shall be distributed to his or her issue per stirpes. In making the distribution, my Trustee shall have the authority to apportion and allocate the trust estate in cash or in kind, or partly in cash and partly in kind, or in undivided interests, in the manner deemed advisable and in the discretion of my Trustee. (2) if either PAULA KOEPKE and FREDA STRZELEC shall die, leaving no issue, her share of the trust estate shall pass to the survivor of them, per stirpes. (3) if neither PAULA KOEPKE nor FREDA STRZELEC, or any of their issue survive me, the balance of my estate shall be distributed as follows: 3WILL492:WILLI2D C�� ECD�P EATUEAND � � - 3 - °°'""�''� NANCYE.P.'STER,CAUniyCl6F�. R. F. ��.,yY'�msonCoumy � P= �;P.w �of_,_l_�� (a) one-half (1/2) to my heirs at law; and (b) one-half (1/2) to the heirs at law of my spouse. 2.02 Continqent Trusts: Regardless of any other provisions herein (except the provisions of the Section herein entitled "Maximum Term of Trusts"), any portion of my residuary estate, or any portion of the final distribution of the Trust Estate of any Trust created or provided for in this will (other than a Contingent Trust), which would otherwise be distributed in default of appointment to a person who has not then attained at least twenty-one (21) years of age instead shall be distributed to the Trustee herein named, in trust, as the Trust Estate of a Trust (herein sometimes called a"Contingent Trust") for such person; provided, however, that if such distribution would result in the creation of a Contingent Trust for a person for whom a Contingent Trust is existing hereunder, such distribution shall instead be made to the Trustee of such existing Trust, in trust, as an addition to the principal of the Trust Estate of such existing Trust. (a) Distributions Durinq Trust Term: During the term of any such Contingent Trust, the net income of such Trust Estate may be accumulated and retained, in whole or in part, or the Trustee, from time to time, may distribute to the person for whom such Trust is created such amounts of the net income or principal or both, of such Trust Estate as, in the discretion of the Trustee, are sufficient to provide for such person's reasonably necessary health, support, maintenance and education, taking into consideration such person's age, any income such person may have from other sources to the knowledge of the Trustee, and any other factors deemed relevant by the Trustee. (b) Final Distribution: When such person attains twenty-one (21) years of age or dies, whichever is earlier, such Trust shall terminate and such Trust Estate shall be distributed to such person, but if such person is not then living, to such person's estate. ARTICLE III FIDUCIARY APPOINTMENT PROVISIONS 3.01 Appointment of Executors and Trustee: I appoint my wife Independent Executrix of my estate. If my wife should, for any reason, fail or cease to act as Executrix, I appoint my dauqhter, PAULA KOEPKE, substitute or successor Independent Executor of my estate. If she should, for any reason, fail or cease to act as Executor, I appoint my daughter, FREDA STRZELEC, substitute or successor Independent Executor of my estate. Z appoint my wife as Trustee of all trusts created herein. If my wife shall, for any reason, fail or cease to act as Trustee, I appoint PAULA KOEPKE, Trustee of all Trusts created or provided herein. If she should, for any reason, fail or cease to act as Trustee, Z appoint FREDA STRZELEC, substitute or successor Trustee oi all Trusts creaced or provided he�ein. All references herein to Executor or Trustee shall refer to the Executor or Executors (whether Independent or otherwise) or the Trustee of Trustees then acting hereunder. Each Executor and Trustee shall be entitled to reimbursement for expenses necessarily incurred in the administration of my estate or a Trust Estate. Except for my wife, each Executor and Trustee shall be entitled to receive reasonable fees for services actually rendered to ny estate or to a Trust Estate. CERTIFIEDTOBEA'TRUEAND � n � CORRECTCOPY �r .!a;"`°'� NANGYE.P'STF�.Cou�tyClEFd. R. F. 3WILL492:WILLI2D - 4 - ��y,`�'mSppCOU� �' np.w �of� � � . . � � 3.02 Ricihts and Liabilities of Fiduciaries: No bond or other security shall be required of any Executor or trustee hereunder, and I direct that no action shall be had in any Court of probate jurisdiction in relation to the settlement of my estate other than the probating and recording of this Will and the return of any inventory, any required appraisement and list of claims of my estate. In addition to having all the powers and independent executors under the laws of Texas, my Executor and Trustee herein shall have the power to retain any property at any time forming a part of my estate or a Trust Estate, the power to sell, transfer, lease or encumber all or any part of my estate or a Trust Estate, the power to partition any part of all of any interest in my estate or a Trust Estate, and to pay or receive such moneys or properties as may be necessary to equalize differences, the power to make any distribution in any manner whatsoever (including composing shares differently) based on date of distribution value, the right to deal with any person regardless of any relationship or identity of any Executor or Trustee to or with such person or entity, the power to allocate receipts and disbursements of my estate or a Trust Estate between income or principal in any manner, and all of the rights, privileges and powers of trustees under the Texas Trust Act. This instrument shall always be construed in favor of the validity of any act or omission by or of an Executor or Trustee, and no Executor or Trustee shall be liable for any act or omission except in the case of gross negligence, bad faith or fraud. It is my intention that so far as can be legally provided, my Executor and Trustee shall be completely free of all court supervision of any kind, including the requirement of any accounting. The foregoing provisions of this Section shall apply until all of my estate and all of each Trust Estate hereunder has been distributed. 3.03 General Powers of Trustee: To carry out the trust purposes hereunder, and subject to any limitations stated elsewhere herein, in addition to the rights, privileges and power elsewhere herein vested in the Trustee and those now or hereafter conferred by law, the Trustee for each Trust shall have the right and power to: (a) Investments: Retain any property at any time acquired in any manner as a part of the Trust Estate; hold property unproductive of income and invest and reinvest all or any part of the Trust Estate in property of any description (including, without limitation, shares of open or closed end investment trusts or companies, and wasting assets), regardless of location and without regard to any requirement of diversification as to kind or amount; (b) Dispositions, Borrower, Loaninq, Etc.: Lease, sell, transfer, exchange or encumber in any manner (including with purchase money mortgage) any part or all of the Trust Estate (whether real and/or personal property) at such prices, and for such other considerations, and upon such terms and conditions, as the Trustee shall deem advisable; loan or borrow money in any manner (including by joint and several obligations) with or without security, and guaran*_ee any indebtedness (caith or without compensacion); (c) Business Entities: Continue operation of any business entity, in any business form (whether a corporation, partnership (general or limited), proprietorship, joint venture or otherwisej with any part or all of the Trust Estate, and reorganize or liquidate any such entity at any time; incorporate any new or existing business and form partnerships (of any kind), joint ventures or other associations with respect to any new or existing business; CER7IFlEDTOBEATnUEAND �'�Q. ,�' CGARECTCOPY F. R. F. 3WILL492:WILLI2D - 5 - „ee�"" "�A (�pNCYE.P,!STER,CAUMyCl2Ik `��: Yt�msonCounty �� z ¢ w � a m> �D U 4 U U�1 � � 'I g r` �� (d) Dealinqs: Purchase from, borrower from, sell to, loan to, employ, contract with an generally deal with any person or entity regardless of any relationship or identity of any Trustee to or with such person or entity, and hold or invest any part or all of the Trust Estate in common or undivided interests with any person or entity; (e) Attorneys, Aqents, Employees: Employ and compensate attorneys, agents, and employees and delegate them any and all discretions and powers of the Trustee; (f) Partition and Distribution: Partition any part or all of any interest and pay and receive such moneys or properties as may be necessary to equalize differences; make any distribution of any part or all of the Trust Estate in any manner whatsoever (including composing shares differently) based on date of distribution value (but without regard to income tax cost basis), and evaluate any property, which evaluation shall be binding upon all beneficiaries; (g) Actions: Maintain and defend any claim or controversy by or against the trust without the joinder or consent of any beneficiary of the Trust; (h) Votinq of Corporate Stock: Vote (whether in person or by proxy with power of substitution) or refrain from voting any corporate stock; (i) Life Insurance: Acquire, purchase, maintain and to continue in force, contracts of life insurance or annuities as part of the Trust Estate; provided, however, that the Trust shall be the owner and beneficiary of any such policy or contract; (j) Development of Real Property: Improve all or any real property, plat real estate and lay out and dedicate streets, alleys and ways; erect buildings on all or any real property, of any character and cost; (k) Depreciation and Other Reserves: For the purpose of providing against possible loss or depreciation of corpus, to set apart, annually or from t�me to time, as a depreciation fund from the income of the Trust Estate, such percentage or other portion of such income as the Trustee shall deem proper. In addition, the Trustee, for the purpose of providing for the payment or reduction of any mortgage or lien upon the property held by the Trustee, or any debt owing by the Trust, may set apart, in such manner as the Trustee shall deem proper, a reserve or sinking fund or funds out of the income of such Trust Estate. The Trustee may set apart, or refrain from setting apart, any part of the income received from securities taken or purchaser as a part of the Trust Estate at a premium, as a sinking fund to retire or amortize such premium. The foregoing provisions of this subparagraph (k) shall not apply, however, in the case of any Trust herein which the net income thereof is required to be distributed at least annually (or at more frequent intervals). (1) Retention of Initial Trust Properties: Retain any and all real and/or personal properties which may come into the hands of the Trustee, in the form and condition in which they may then be, notwithstanding that the same be not appropriate for the original investment of trust money, and the Trustee may sell or exchange any or all of the same if and whenever the Trustee shall deem it advisable. �� y_ �T F. R. F. 3WILL492:WILLI2D �� , � � In addition to the foregoing, the Trustee shall have all other rights, privileges and powers now or hereafter granted trustees under the Texas Trust Act and no subsequent legislation or regulation shall limit the rights, privileges and power granted as Trustee hereunder. The powers granted the Trustee under the provisions of this instrument may be exercised upon such terms as the Trustee deems advisable and may affect Trust properties for any length of time regardless of the duration of a Trust. Generally the Trustee shall hold, manage, control, use invest and reinvest, sell, encumber, convey and otherwise dispose of a Trust Estate in all things, under all circumstances, and to the same extent as if the Trustee were the owner thereof in fee simple, subject only to the terms hereof, and all rights, privileges and powers of the Trustee may be exercised free from court supervision. As to a Trust, the powers of the Trustee shall exist until all of the Trust Estate has been distributed. 3.04 Distributions by Certain Trustees: Regardless of any other provision of this instrument, any distribution to be made from any Trust to or for the benefit of any individual who is then acting as a Trustee hereunder (including distributions to such individual's spouse and distributions in discharge of any legal obligation of such individual) shall be made solely in the discretion of the Trustees to or for whom distributions may not be made, and if no such Trustee is then acting, such distribution shall not be made. 3.05 Special Provisions Relating to Life Insurance on the Life of an Individual Fiduciary: If my spouse survives me, all incidents of ownership (including, but not limited to, the power [as Executor, Trustee or otherwise] to change the beneficial ownership or the time or manner of enjoyment) with respect to any interest in any insurance policies on the life of my spouse which at any time forms a part of my estate or the Trust Estate of any Trust hereunder shall be exercisable in a fiduciary capacity solely by the fiduciary or fiduciaries other than my spouse then acting hereunder, but if there is no such other fiduciary, by the successor fiduciary or fiduciaries hereunder (who would then be entitled to act if my spouse should then cease to act as Executor or Trustee). 3.06 Release and Deleqation of Fiduciary Powers: Any fiduciary power granted a Trustee hereunder may be release, in whole or in part, temporarily or permanently, and except as provided in the Sections entitled "Discretionary Distributions by Certain Trustee" and "Special Provisions Relating to Life Insurance on the Life of an Individual Fiduciary," any such power may be delegated to any other Trustee then acting, in whole or in part, temporarily or permanently. Any such release or delegation shall be by written instrument filed with the records of the Trust Estates. 3.07 Resiqnation of Trustee: Any Trustee may resign from a Trust without the necessity of any court procedure by giving at least thirty (30) days' written notice to each beneficiary (or to the then r.atural or legal guardian or legal representative of any such beneficiary) caho is then eligible to receive a distribution from the Trust Estate of such Trust and by accounting to such resigning Estate as required by the successor Trustee. Any and all successors to such resigning Trustee shall be fully protected in relying upon such accounting. 3.08 Vacancy in the Office of Trustee: If respect to any Trust there is no Trustee otherwise entitled to act) hereunder, a 3WILL492:WILLI2D any any time wi acting (or th majority of t CERTIFIEO706EATFUEAND n � � CORRECTCOPY T �n/;"�4`9 n;MCYE.R!STER,CounryClerk F. R. F. - � - (�;��^ !Y�ism;onCounry �� ? �o�� ^ beneficiaries (acting in the case of a beneficiary under a legal disability through such beneficiary's natural or legal guardian or legal representative) who are then eligible to receive a distribution from the Trust Estate of such Trust shall have the right for a period of thirty (30) days to appoint a successor Trustee. Zf the beneficiaries fail to act within such period, then upon request of any interested party, the presiding judge of the District Court of Williamson County, Texas, acting as an individual and not in any judicial capacity, shall have the power to appoint an alternate or successor Trustee. Any individual, bank or trust company domiciled anywhere may be appointed, and any such appointment shall be by written instrument filed with the records of the Trust Estates. 3.09 Successor Fiduciary Exoneration Clause: Any successor Executor or Trustee is authorized to accept from any prior Executor of Trustee the assets delivered by such prior Executor or Trustee on the basis of the accounting therefor as submitted by such prior Executor or Trustee without requiring an audit or other independent accounting of the acts of such prior Executor or Trustee, and any successor Executor or Trustee shall not have any personal or corporate duty, responsibility, obligation or liability whatsoever for the acts or omissions of any prior Executor or Trustee. 3.10 Corporate Trustee Provisions: The powers and authorities granted to the Trustee shall not be limited by the fact that a Trustee here under may be a bank or financial institution, and such Trustee shall not be subject to limitations or restrictions imposed upon a bank or financial institution or upon fiduciaries generally with respect to the type of investment of such Trustee may make of its own funds or of the funds of others. Specifically, such a Trustee may retain, acquire, or otherwise deal in the capital stock of a Trustee or of a corporation for which a Trustee is registrar, transfer agent, or the like; may deposit trust funds �aith a Trustee as a bank, may contract, or otherwise enter into transactions with a Trustee as a bank or any of its affiliates or any other trust for which it is acting as Trustee. If a corporate Trustee acting or entitled to act as a Trustee herein at any time should, before or after qualification, change its name, be reorganized, merged or consolidated with, or acquired by, any other bank or trust company, or be converted into a different type of bank or trust company, it shall be deemed a continuing entity and shall continue to act as Trustee. With respect to each Trust created or provided for herein, and notwithstanding any contrary provisions of this instrument, my spouse, but if such spouse is incapacitated or not then living, a majority of the beneficiaries (acting in the case of a beneficiary under a leqal disability or through such beneficiary's natural or legal guardian or legal representative) who might then be eligible to receive a distribution from the Trust Estate of such Trust shall have the right, at any time and as to such Trust hereunder, to remove any corporate Trustee then acting and to replace such corporate Trustee (for all purposes hereof) with a national bank (domiciled anywhere) having trust powers and capital and surplus of at least Twenty-five Million Dollars, as corporate Trustee. Any such removal shall be by written instrument delivered to the Trustee to be removed at least thirty (3) days prior to such removal, and no court action shall be required caith respect thereto. Any Trustee so removed shall account to its successor Trustee for its administration of the Trust Estate as such successor Trustee shall require. Any and all successors to such removed Trustee shall be fully protected in relying upon such accounting. GORPECTCOPY A�UEAND �2 � 3WILL492: WILLI2D - 8- _ e+"44e NANCYERISTER.GOUOt�/Cl2(K � R. F. ` ` ��msonCou�y ;.. '� � �of� � � U 3.11 Incapacity: For purposes of this inst.rument, an individual shall be deemed to be incapacitated if and when such individual is found to be under a legal disability in any civil proceeding by a court of competent jurisdiction. Any individual so found to be under a legal disability shall then be deemed to have ceased to act as an Executor or as a Trustee hereunder (if such individual was so acting at such time). No person dealing with my estate or the Trust Estate of any Trust hereunder shall be under any obligation whatsoever to inquire into whether an individual is so "incapacitated" and any such person dealing with my estate or such Trust Estate may always safely assume that no such incapacity exists unless and until such person has received a certified copy of a court order referred to immediately above. ARTICLE IV - ADDITIONAL PROVISIONS GOVERNING MY ESTATE THE TRUST ESTATES AND FIDUCIARIES 4.01 Taxes, Debts and Expenses: I direct that all federal and state estate and inheritance taxes (other than (1) any recapture of estate taxes under Section 2032A of the Code, (2) any generation skipping taxes under Chapter 13 of the Code, and (3) the amount by which the total federal estate tax which is imposed on my estate exceeds the total federal estate tax which would have been imposed on my estate if the value of property which is includible in my gross estate by reason of Section 2044 of the Code had not been so included) payable by reason of my death, together with any interest and penalties thereon, and all of my legal debts, the expenses of my last illness and funeral, and the expenses of administering my estate shall be charged against my residuary estate and may be paid in the order and out of those assets of my residuary estate (including the income of my residuary estate) that my Executor may deem best. No contribution for any of such taxes imposed with respect to the proceeds of any insurance policy on my life (other than any proceeds payable to my estate), or with respect to any other nonprobate asset of mine, shall be required to be made by the beneficiary thereof. My Executor is specifically given the right to renew and extend, in any form that it deems best, any secured or unsecured debt or charge existing at the time of my death. My Executor shall not be required to prepay any of my debt. 4.02 Survivorship Provision: If my spouse and I die under circumstances making it impractical to determine which of us survived, my spouse shall be presumed to have survived me. For all other purposes of this will, if any other beneficiary dies within ninety (90) days after my death, such person shall be presumed to have predeceased me. This presumption shall not affect the appointment of my Executor or Trustee. 4.03 Distributions Durinq Administration: Prior to final distribution of my estate (which shall not be unreasonably postponed by my Executor), partial distributions may be made to any one or more beneficiaries in the discretion of my Executor. Any distribution may be made subject to any indebtedness or liability of my estate. 4.04 Distributions to Issue: All references to "issue" in this Will mean the children of the person designated and the descendants of such children. A person who is under twenty-one (21) years of age when legally adopted shall be deemed to be the child of his adoptive parent. A posthumous child shall be 3WILL492:WILLI2D CEFTIFIED TO BE ATFUE AND �1� CORRECTCOPY J e •�' - 9 -,`�`§'� NANCYE.R!STER�GOW1yCiBtk F. R. F. �-.� , g. °1�mson County Rn�a �of� � � � considered as living at the death of his parent. Except for discretionary distributions during the term of a Trust which may be made unequally among a group of persons, whenever a distribution of my estate of a Trust Estate hereunder is to be made to the issue of any person, it shall be made to such person's then living issue on a strict per stirpes basis. 4.05 Gifts and Distributions to Heirs-at-Law: Whenever a gift or distribution hereunder to be to made to a person's heirs-at-law, it shall be made to the individual or individuals who would be entitled to such person's estate under the Texas statutes of descent and distribution pertaining to separate personal property as such laws exist at the execution of this instrument, if such person were to die intestate at the time such gift or distribution hereunder is to be made. In addition to the foregoing provisions of this numbered Section, whenever a gift or distribution hereunder is to be made to my heirs-at-law, it shall (regardless of any other provisions of this instrument) be made one-half (1/2) to my heirs-at-law (as defined above) and one-half (1/2) to my spouse's heirs-at-law (as defined above). 4.06 Best Interest Distributions: In making distributions from a Trust in the "best interest" of a distributee, the costs of the distributee's health, support, maintenance, education and comfort, and resources (both principal and income) the distributee may have from other sources to the knowledge of the Trustee, the effect of any distribution upon the income and estate tax liability of the distributee and upon the income tax liability of the Trust, and any other factors deemed relevant by the Trustee including (but in no way limited to) the individual needs of the distributee, and such distributee's various education desires (including colleges and post graduate studies), past educational performance, health and family and business circumstances. Such distributions may be made without regard to any requirement of equality among distributees (if there if more than one) or to the fact that any ancestor of a distributee is then living or receiving distributions hereunder. The primary concern in the creation of each Trust herein is for the current beneficiary or beneficiaries of such Trust, and such Trust shall be managed, and distributions made therefrom, accordingly. No deduction shall be made from a distributee�s share upon final distribution of a Trust on account of any prior distribution made from such Trust Estate. 4.07 Distributions to or for a Beneficiary: Subject to the Sections dealing with the marital deduction gift and trust which shall in the event of conflict control, any authorized distributions (either from my estate or during the term of a Trust or upon final distribution of a Trust) may be made (1) to or for the benefit of the beneficiary, (2) directly to the beneficiary, (3) on behalf of the beneficiary for the beneficiary's benefit, (4) to any account in a bank or savings either in the name of the beneficiary or in a form reserving title, management and custody of the account to a suitable person for the use of the beneficiary, (5) in a form of annuity, (6) in'' all ways provided by lacas dealing with gifts or distributions to or for minors (including but not limited to the Uniform Gift to Minors Act of Texas or any other state) or persons under disability, (7) to any trust of which the beneficiary is the principal beneficiary (to be added to and administered as a part thereofj, and (8) to any suitable person with whom the beneficiary resides or who has the care or control of the beneficiary, without obligation to see to the further application 3WILL492:WILLI2D CER7IFIEDTpBEAirtUEAND �� CAftRECTCQPY - lo -•g"; "b° NANCYE.P�STER,CowtyClerk F. R. F. -s -�; �'r�msonCaunty �. �, �af� � � � of the distribution, and the receipt for distribution by that person shall fully discharge my fiduciaries; provided, however, that no distribution authorized under the provisions of this Section may be made which would result in any loss of the grandchild exclusion from the generation-skipping tax under Section 2613 of the Code. 4.08 Life Insurance Proceeds and Deferred Cempensation Benefits: My Trustee may be named as the direct beneficiary of one or more life insurance policies on my life and as the direct beneficiary of the benefits from one or more d�eferred compensation or employee benefit plans payable by reason�of my death. As soon as possible after my death and after th�is Will is admitted to probate, my Trustee shall take possess�ion of all policies and other written instruments necessary to collect such proceeds and benefits. My Trustee shall (notwithstanding that the administration of my estate by my Executor is not completed and that no distributions may have been made by my Executor to the Trustee) then collect (by whatever meanslnec:essary, including the prosection and maintenance of litigation) the sums of money or other properties as shall be due the Trustee under the terms of any policies of insurance on my life (including multiple indemnity benefits), or under the terms of any deferred compensation or employee benefit plans (less any amounts required to pay or provide for the �ayment lof any liabilities or obligations to the issuing insL'rance company or other remitter with respect to any policy or plan); provided, however, that my Trustee need not incur any substantiall expenses in collecting such payments until it holds funds suffi.cient to pay such substantial expenses. No insurance company or other remitter shall be under any responsibility to see to the performance of any Trust in this Will, and, to the extent of payment to my Trustee of amounts due a Trustee, the insurance company or other remitter shall be relieved of all further liability. � My Trustee may, hoF�ever, in its discretion, leave any or all of the proceeds or benefits with the issuing insurance company or other remitter under any option of settlement available under the terms of any policy or plan or the practice of any company. In exercising any deferred payment settlement option, or in electing to receive any payments in a lump sum, or in making an election under Section 2039(c) of the Code not to utilize the ten-year averaging income tax computation, my Trustee shall take in account the attendant federal income and estate tax consequences; provided, however, my Trustee shall not be liable to any beneficiary of any Trust in this taill or to any beneficiary of my probate state for any adverse in^ome and estate tax consequences occasioned by the exercise o� non-exercise of any deferred payment settlement or other option. Unless a beneficiary designation provides for distribution to the Trustee of a specific trust under my will, all proceeds and benefits described in the preceding provisions of this Section which are payable directly to my Trustee hereunder shall be allocated and distributed as follows: (aj Spouse's Interest: If my spouse survives me, my spouse's community one-half (1/2) interest in the proceeds and benefits, and all of the proceeds and benefits which comprise the separate property of my spouse shall be allocated and distributed to my spouse. (b) Marital Deduction: If my probate estate is insufficient to fully satisfy the formula marital deduction gift under the provisions of this Will, then to the extent necessary to fully satisfy that gift, the proceeds and � � 1 tnMIED l'O BE ATnUE AND 60itRtGT CAPY �� `a: NANGYE.P,!STER,CauntyClerk F. R. F. 3WILL492:WILLI2D - 11 -�' - � �''��n�u� �� I -� of—'=_ _L! i: . � � benefits shall be allocated and distributed to my spouse. The allocation and distribution of proceeds and benefits under the provisions of this subparagraph of this Section shall be made in the same manner, and subject to all of the same requirements, as prescribed in the formula marital deduction gift under the provisions of this Will. (c) The Fithian Family Trust: The balance of the proceeds and benefits, or all of the proceeds and benefits if there is no necessity to make the allocations and distributions provided for under the provisions of any of the preceding subparagraphs of this Section, shall be allocated and distributed to the Trustee of THE FITHIAN FAMILY TRUST in trust as herein set out. My Trustee may purchase any asset from my probate estate at fair market value by utilizing the proceeds of any employee benefit plan, insurance, or other asset payable to it, and may also lend funds or assets of the Trust Estate to my probate estate on such terms and in such anounts as it deems advisable. My Trustee may utilize proceeds payable to it of any employee benefit plan, insurance, or other asset which is allocated to THE FITHIAN FAMILY TRUST to contribute to the payment of my legal debts, the expenses of my last illness and funeral, the expenses of administering my estate, and any federal or state estate or inheritance tax (including any interest and penalty thereon) payable by reason of my death, regardless of the fact that such contribution might otherwise be in excess of the share of such tax, debt, or expense attributable to the trust estate from which it is made. Anything herein to the contrary notwithstanding, employee benefits, life insurance proceeds, and other assets payable to my Trustee that are not includible in my gross estate for federal estate tax purposes need not be used in any manner for the benefit of my estate and in particular need not be used or lent to pay any tax, liability, debt, or other claim or charge against my estate. Any pecuniary gift made in this Will is a debt for purposes of this Section. The existence of discretion on the part of my Trustee to contribute to the payment of the taxes, debts and expenses described in this Section shall not confer on any creditor of my estate, taxing authority, or other third party any claim against or right of any nature over the proceeds and benefits described in the immediately preceding Section which are payable directly to my Trustee. Such proceeds and benefits which are not contributed by my Trustee toward the payment of the taxes, debts and expenses, shall not be payable to my Executor or to my estate nor be deemed subject to distribution as a part of my probate estate. 4.09 Allocation of Receipts and Disbursements: The receipts, disbursements and reserves of each Trust shall be allocated on a cash or accrual basis between principal and income in accordance with the provisions of the Texas Trust Act, and in the construction of such Act as it relates to any question of allocation between incone and principal, the determination of the Trustee, made in good faith, shall control. The excess of the receipts and reserves allocated to income of a Trust over the disbursements and reserves allocated to income shall constitute the "net income" of such Trust Estate. 4.10 Spendthrift Provision: No part of any Trust Estate under any circumstance shall ever be liable for or charged with any tort or obligation of any beneficiary (including alimony and child support) or subject to any judgment, judicial process, creditor's bill, attachment, garnishment, levy, execution, ��:; � G�IED 1Z) BE ATnUE AND CGARECT COPY �-� �/ - �`"`4'A NANCYE.P�STER,Co�miyGerk F. R. F. 3WILL492:WILLI2D - 12 -_ ��4�'G�sSnsonGounty ��F �' .�..;__�,_-��-- i _ � � receivership, bankruptcy proceeding, charge, seizure, sequestration or any other encumbrance or legal proceeding by any creditor or the spouse of any beneficiary or by any other person. Except for a power of appointment no beneficiary under any circumstance shall have any right to anticipate, alienate, transfer, encumber or otherwise dispose of his interest in any Trust Estate. 4.11 Maximum Term of Trusts: Regardless of any other provision of this Will, no property shall remain in trust hereunder for longer than the maximum period for which the power of alienation, or the vesting, of such such property may be suspended under the laws and public policy of the situs of such property. To measure the period for which the power of alienation or the vesting of such property is suspended, the lives of all of the "defined parties" living at the time of my death plus the maximum allowable term in gross, if any, shall be used and if the number of ineasuring lives which may be used is limited by a statute, the maximum permissible number of lives shall be used. Specifically, no property situated in any jurisdiction which has the "common law rule against perpetuities" shall remain in trust for longer than twenty-one (21) years after the death of the last to die of all of the "defined parties" living at the time of my death. If, at the end of such maximum period (determined under the preceding sentences of this Section with respect to any property), any such property is still in trust, such Trust shall be terminated as to such property, and such property shall be distributed outright to the person (or equally, but per stirpes, to the persons if more than one) then eligible to receive distributions during the term of such Trust as herein otherwise provided. For the purposes of this Section, the "defined parties" shall be my spouse and beneficiaries listed by name in Paragraph 2.01 above. 4.12 Early Termination of Trusts: Regardless of any other provision dealing with final distributions of Trust Estates and notwithstanding the rights of any beneficiary, the Trustee may, at any time, terminate any one or more of the Trusts created or provided for herein, in cahole or in part, if in the discretion of the Trustee such early termination is deemed advisable in light of the economic impracticalities of continuing such Trust or Trusts, taking into consideration any factors deemed relevant by the Trustee in this regard. In addition, the Trustee may at any time, terminate any one or more of the Trusts created or provided for herein, in whole or in part, if such early termination is deemed in the Trustee's discretion to be in the "best interests" of the then eligible recipient or recipients of any early termination distribution. The part of a Trust Estate of which a Trust is terminated shall be distributed outright to the person (or equally, but �er stirpes, to the persons if more than one) then eligible to receive distributions durinq the term of such Trust as herein otherwise provided. In making an early termination distribution (other than from a Contingent Trust), however, the Trustee, in the discretion of the Trustee, may make such distribution subject to the provisions for Contingeni Trusts herein. The foregoing provisions of this numbered Paragraph must, however, be exercised in accordance with the �rovisions of the Paragraph herein entitled "Distributions by Certain Trustee." 4.13 Trust Estate Defined: "Trust Estate" means all assets, however and whenever acquired, which may belong to a Trust hereunder at any designated time. That term (and the phrase "then remaining Trust Estate") shall include income earned after the termination of a trust and prior to the actual final distribution from such Trust. • 3WILL492:WILLI2D CERT�FfEDTOBEA nUEAND CA!�RcCTCUPY � �J �. /� �°'; `�� NANCY E.P,ISTER. County Cl=' P. R. F. - is - �,� pa��i��mS0i1COU1IDJ �s".++� ,�,� ��o�_(�— � n 4.14 Merqer of Trusts: If at any time after the death of my spouse, any Trust created or provided for hereunder is substantially identical (in its current beneficiary or beneficiaries, its measure for distributions during the term of such Trust and its time of termination), as determined in the good faith judgment of the Trustee hereunder, to any Trust created or provided for under the Will of my spouse, the Trustee hereunder may, in the discretion of such Trustee, distribute at any time all or any part of the Trust Estate of such Trust hereunder to the then acting Trustee or Trustees of such Trust under my spouse's Will (regardless of whether or not the same Trustees are acting hereunder as are acting under by spouse's Will) to be added to the principal of the Trust Estate of such Trust under my spouse's iaill. 4.15 Tax Elections: In determining any tax liability of my estate, the decisions of my Executor shall be binding and conclusive upon all concerned as to: (i) the date which should be selected for the valuation of property in my gross estate for federal and state death tax purposes, (ii) whether any portion of my estate should be valued under any the applicable provisions of Section 2032A of the Znternal Revenue Code of 1954, as amended,l (iii) whether any portion of the federal estate tax liability for', my estate shall be paid under any deferred payment optionl available to my estate under the code; and (iv) whether a', deduction shall be taken as an income tax deduction or as an'� estate tax deduction. No compensating adjustments between incomeli or principal or in the amount of any gift hereunder shall be made� as a result of any such decision. If my Executor joins with my�, spouse (or the estate of my spouse if my spouse is deceased) on'. my behalf in filing income tax returns, or consents for gift tax purposes to having gifts made by either of us during my lifei considered as made one-half (1/2) by each of us, any resultin4l liability shall be borne as prescribed by law. 4.16 Gifts and Distributions to Terminated Trusts: In the case of a final distribution of the Trust Estate of any Trust hereunder to the Trustee of another Trust hereunder, if the event or events which require or which would have required the termination of such Trust (for example, the death of or the attainment of a certain age by one or more persons) have occurred at the time when the right to receive such final distribution would otherwise have vested in the Trustee of such other Trust, then the final distribution (which would otherwise have been made to the Trustee of such other Trust if such right had vested) shall instead (unless otherwise provided herein) be made in the exact same manner as the final distribution of the Trust Estate of such other Trust is provided for herein. In the case of any gift hereunder of my estate to the Trustee of a trust hereunder, if the event or events which would have required the termination of such Trust (for example, the death of or the attainment of a certain age by one or more persons) have occurred at the time of my death, then such gift shall instead (unless otherwise provided herein) be made in the exact same manner as the final distribution of the Trust Estate of such Trust is provided for herein. , 4.17 Definition of Code: The term "Code" means the Internal Revenue Code of 19s6, as anended, and as may be from time to time amended. 4.18 Savinq Clause: If any provision of this Will should be held illegal or invalid when applied to any property interest in my estate or in a Trust Estate, such invalidity or illegality CEnTiFIEO TO BE A i nUE AND AOFRECT CpPY �- ��- ,y�""�'* NANCY E. P!STER, COtmty Cienc F. R. F. 3WILL492:WILLI2D - 14 - y `+�� 4 9i � . b� oo.� �of �� n �J � shall not affect the remaining provisions, or any other property interests, and each provision of this Will shall exist separately and independently, and shall be applied to property interests, separately and independently, of every other provision, and this Will shall be construed as if such illegal or invalid provision had never existed. 4.19 Will Not Contractual: My spouse and 1 are executing Wills at approximately the same time in which each of us is the primary beneficiary of the tdill of the other. These Wills are not executed because of any agreement between my spouse and myself. Either Will may be revoked at any time at the sole discretion of the maker hereof. 4.20 Headinqs: The headings for each provision of this Will have been included only in order to make it easier to locate the subject covered by each provision and are not to be used in construing this Will or in ascertaining by intentions. IN WITNESS WHEREOF, I have signed my name to this, my Last Will, at Round Rock, Texas, in the presence of Dana C. Kuht and ,Tanet L. Monroe , who sign the same as witnesses and at my request, in my presence, and in the presence of each other, on this 2nd day of March , 1993. �/�?� /` Ou.L'�� t-R-t.J FRED ROSS FITHIFiN This instrument, consisting of sixteen (16) sheets of paper, each of which is identified by the Testator's initials, was subscribed, published and declared by FRED ROSS FITHIAN to be his Last Will in our presence, and we in his presence, at his request, and in the presence of each other, hereunto subscribed our names as witnesses, and we declare that the execution hereof FRED ROSS FITHIAN coas of sound mind and memory and under no constraint. THE STATE OF TEXAS COUNTY OF WILLIAMSON �rr�� C . �� WZTNESS i �;: .v, r�'7; � r� G �; .`%i 1! i)Zi�, � idTTNESS // � * BEFORE ME, the undersigned authority, on this day personally appeared FRED ROSS FITHIAN, DANA C. KUIIL and JANET L. MONROE , known to me to be the Testator and the witnesses, respectively, whose names are subscribed to the annexed or foregoing instrument in their respective capacities and, all of said persons being by me duly sworn, the FRED ROSS FZTHZAN, Testator, declared to me and to the 3WZLL492:WILLI2D said same CE,^-�TIFIEDTOBEA nUEAND C^uRnECTC()PY �"'� NANCYER!STER.CountyCierk�',Q .� � • �'�'��on Counry f'��,��2� � F. R. F. - 15 - � � i �j af�— —�-�- � � � � witnesses in my presence and said instrument is his Last Will and Testament, and that he had willingly made and executed it as his free act and deed for the purposes therein expressed; and the said witnesses, each on their oath, stated to me in the presence and hearing of the said Testator, that the said Testator had declared to them that said instrument is his Last Will and Testament, that he executed same as such and wanted each of them to sign it as a witness; and upon their oaths each witness stated further that they did sign the same as witnesses in the presence of the said Testator and at his request; that he was at that time eighteen years of age or over and was of sound mind; and that each of said witnesses was then at least fourteen years of age. �i� /,''� ��t� a�� FRED ROSS FITHIAN !/ "G�/ cKl `� ' C!��c-C/ WITNESS � (1��, r��.� .,� _ y?�r:r,�r,�?�� WYTNESS I� SUBSCRIBED AND ACKNOSaLEDGED BEFORE ME by the said FRED ROSS FITHIAN, Testator, and subscribed and sworn to before me by the said Dana C. Kuhl , and Janet L. Monroe , witnesses, this 2nd day of March , 1993. i' � , U � '�_- r / � PY PVB jr � �'<� FERRIS F. AKItJS { Notary Rblic, St'a:? ci Teas `m, �? M'�CAr,ur�s5bn6xiresOF25A'i +, �.� .E+: �,:.�`� 2t�c3r aa ,° - -'= wa�r.n.hul;�� o �: .�� aa �� Yrv:ua� .��s�:a .� v�': z; a Q�.A �1lf7f A E18S}ff YQ?5Y Yv:i:�9 v� '... I�:G7 ifl i.r,A:+^v�il �="� i;A YiL%`i V3� , . I�.','3 �i.il� �. �, - � 6� �::� b !^"^ e-- . . _ _ � C':: : , '�'�VSi�:'�::� ;::�:<:...: �'• ",. . :,I�'Y : 1� r,':Zu ".^._.. . ' G ,. ,Yi � ,r � - 3i9ILL492:WILLI2D � // � � Notary,Public - �State of JYexas �C'/,-,i �• ��/�.� J Typed'or Printed Name / Commission expires / � � %' % j - 16 - CEFTIFlEDTO BE ATnUE AND CdRRcCTCOPY �"�`4'� NANCYE.P,!Si'ER,CouMyCierk �`�� 4b.:'smsonCounty ay�q�of� � �� F. R. F.