Hubert Enterprises, Inc. and Subsidiaries, et al. - Page 7

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          of 3.095 percent.  Brian Hubert, Cynthia Hubert, and Gregory                
          Hubert have each always held interests in HFT of 1.012 percent.             
          During their lives, the controlling settlors were to receive                
          annually all income attributable to their respective percentage             
          interests in the trust estate.  Each of the other settlors was to           
          receive annually the income attributable to his or her trust                
          interest commencing as follows:  (1) one-third at age 25,                   
          (2) two-thirds at age 30, and (3) 100 percent at age 35.                    
               Stethem died in 2003.  He had been legal counsel for the               
          Hubert family and their companies.  He drafted the trust                    
          agreement (trust agreement) underlying HFT, and the settlors and            
          trustees executed the trust agreement on June 6, 1988.  Under the           
          trust agreement, the trustees had the absolute discretion to                
          distribute HFT’s money, securities, or other property, either pro           
          rata or otherwise.  The trust agreement also allowed the                    
          controlling settlors, generally upon majority consent, to alter,            
          amend, or revoke the trust agreement.  By amendments dated                  
          December 30, 1988, and January 1, 1991, the settlors and the                
          trustees modified the trust agreement.  Through the earlier                 
          amendment, the Howard Thomas Trust acquired the rights and                  
          privileges of a controlling settlor.  Through the later                     
          amendment, the Katherine Hubert Trust acquired the rights and               
          privileges of a controlling settlor.                                        







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