Revocable Living Trust Form Page 3

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Living Trust of
Date:
2. Disability – If at any time the Grantor is unable to manage his affairs, the Trustee may use
such sums from the income and principal of the Trust Estate as the Trustee deems necessary
or advisable for the care, support, and comfort of the Grantor and any person dependant upon
him, or for any other purpose the Trustee considers to be for the Grantor’s best interest,
adding to principal any income not so used.
For purposes of this agreement, the Grantor shall be considered to be unable to manage his
affairs if he is under a legal disability or by reason of illness or mental or physical disability
is unable to give prompt and intelligent consideration to financial matters. The determination
as to Grantor’s inability at any time shall be made by two licensed physicians, not related to
the Grantor or any beneficiary of the trust created by this Declaration of Trust Agreement,
who certify that he has become legally incapacitated. At the time such a determination is
made, the Alternate Trustee shall become the Acting Trustee of this Living Trust. If the
Alternate Trustee shall serve during the lifetime of the Grantor, the Alternate Trustee shall
disburse from the Trust Estate such amounts as necessary for the Grantor’s complete care,
support, and maintenance.
ARTICLE VII – TRUST ADMINISTRATION AFTER DEATH OF GRANTOR
1. Trust Estate – Upon the death of the Grantor, or the last surviving Grantor if more than one,
the remaining Trust assets shall be distributed to the beneficiaries in the proportionate or
allocable amounts as are specified in the schedule of beneficiaries, hereto annexed as
Schedule B, as may then be in force.
If any beneficiary and the Grantor should die under such circumstances as would render it
doubtful whether the beneficiary or the Grantor died first, then it shall be conclusively
presumed for the purposes of this Trust that said beneficiary predeceased the Grantor.
Disclaimer by Beneficiary – Notwithstanding anything stated above, any beneficiary may
disclaim his interest in the Trust Estate or any portion thereof at any time that he deems wise.
ARTICLE VIII – TRUST PROVISIONS
1. The following provisions shall apply to the Trust Estate and to each trust established under
this Living Trust.
2. The Trustee shall hold, manage, care for, and protect the Trust Estate and shall have the
following powers, except to the extent that they are inconsistent with those conferred by law:
a. To hold and retain any and all property, real, personal, or mixed, received from the
Grantor's estate, or from any other source, regardless of any law or rule of court relating
to diversification, or non-productivity, for such time as the Trustee shall deem best, and
to dispose of such property by sale, exchange, or otherwise, as and when they shall deem
advisable; not withstanding this provision or any other contained herein.
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