Estate of Wayne C. Bongard, Deceased, James A. Bernards, Personal Representative - Page 38

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          partner, limited partners, or assignees, second, to satisfy any             
          liabilities owed to the interest holders,7 and third, to satisfy            
          any liabilities owed to the general partner.  Any remaining                 
          assets were to be allocated among the general partner, limited              
          partners, or assignees in accordance with their respective                  
          capital accounts.                                                           
               C.  Additional Trusts Created by Decedent                              
               On December 28, 1996, decedent created the Wayne C. Bongard            
          Children’s Trust (CH Trust), and appointed Mark Bongard and Mr.             
          Bernards as trustees.  Decedent initially funded the CH Trust on            
          March 15, 1997, with 77,262 class A governance and 77,262 class A           
          financial units in WCB Holdings.                                            
               On December 30, 1996, decedent created the Wayne C. Bongard            
          Grandchildren’s Trust (GC Trust).  The trust agreement was                  
          drafted by Mr. Fullmer.  Decedent appointed Del Jensen and Mr.              
          Eitel, both of whom were employed by Empak, as trustees.                    
          Decedent funded GC Trust on March 15, 1997, by transferring                 
          77,262 class A governance and 77,262 class A financial units in             
          WCB Holdings.  Decedent’s children and issue were the named                 
          beneficiaries of GC Trust.                                                  




               7Pursuant to the partnership agreement, an interest holder             
          is a holder of an “interest”.  An “interest” is “an ownership               
          interest in the Partnership [held] by a Limited Partner (or an              
          assignee)”.                                                                 




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