Estate of Merle Allen Whiting, Jr., Deceased, Vicki Ann Whiting, Executrix - Page 9

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                    Age Requirement or Disability.  If any person has                 
               not attained the age of thirty (30) years, or if any                   
               person who is, in the Trustee’s opinion, disabled                      
               because of advanced age, illness or other cause when he                
               or she becomes entitled to any distribution pursuant to                
               any trust created by this Trust Agreement, then his or                 
               her separate share shall be held IN TRUST for the uses                 
               and purposes and subject to the terms and conditions                   
               hereinafter set forth:                                                 
                         A.  Distribution of Income and                               
                    Principal.  After the payment of all                              
                    reasonable and necessary expenses incurred in                     
                    the management of the trust, the Trustee is                       
                    authorized to distribute to or apply for the                      
                    benefit of such beneficiary, so much of the                       
                    net income and principal of his or her                            
                    separate share of the trust as in the                             
                    Trustee’s absolute discretion deems                               
                    appropriate.  The exercise of this power by                       
                    the Trustee is within the Trustee’s sole                          
                    discretion and the Trustee may accumulate the                     
                    annual net income of each beneficiary’s                           
                    separate share of the trust to be added to                        
                    such beneficiary’s principal to whatever                          
                    extent and in whatever amounts that the                           
                    Trustee deems appropriate.                                        
                         Prior to the termination of this trust,                      
                    it is the Grantor’s desire but not the                            
                    Grantor’s direction, that the income and                          
                    principal of each separate share of this                          
                    trust so distributed or applied as provided                       
                    above, be distributed to or applied primarily                     
                    for the health, education, maintenance and                        
                    support of each beneficiary.  To this end, it                     
                    is the Grantor’s desire that each beneficiary                     
                    be provided a standard of living which is                         
                    similar to the standard of living that is                         
                    being enjoyed by their peers.                                     
                         For the guidance of the Trustee, the                         
                    Grantor directs that all beneficiaries need                       
                    not be treated the same; that one or more of                      
                    the beneficiaries may be wholly excluded from                     
                    any or all periodic distributions; and that                       

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Last modified: May 25, 2011