THE FIRST NAME AND WIFE FIRST NAME

LAST NAME LIVING TRUST

October 27, 2018

LAW OFFICE S

KIRA WATTENBURG KING

355 2ND STREET, SUITE B
DAVIS, CALIFORNIA 95616
 The First Name and Wife First Name Last Name
Living Trust

Article One
Establishing Our Trust

The date of this trust is October 27, 2018. The parties to this trust are First Name Last
Name and Wife First Name Last Name (the Trustmakers) and First Name Last Name and
Wife First Name Last Name (collectively, our Trustee).
We intend to create a valid trust under the laws of California and under the laws of any
state in which any trust created under this trust document is administered. The terms of
this trust prevail over any provision of California law, except those provisions that are
mandatory and may not be waived.

Section 1.01 Identifying Our Trust

To the extent practicable, for the purpose of transferring property to our trust or identifying
our trust in any beneficiary or pay-on-death designation, our trust should be identified as:
“First Name Last Name and Wife First Name Last Name, Trustees of the
First Name and Wife First Name Last Name Living Trust dated October 27,
2018, and any amendments thereto.”

Section 1.02 Reliance by Third Parties

To protect the confidentiality of this instrument, our Trustee may use a certification of trust
that identifies our Trustee and sets forth the authority of our Trustee to transact business
on behalf of our trust instead of providing a copy of this instrument. The certification may
include pertinent pages from this instrument, including title or signature pages. A third
party dealing with our Trustee is not required to inquire into the terms of this instrument
or our Trustee’s authority, to see to the proper application of money paid or property
delivered to our Trustee, or to inquire into our Trustee’s authority as to any transaction.
California Probate Code Section 18100.5(h) provides that a person making a demand
for the trust document in addition to the certification of trust, may be liable for
damages, including attorney fees, as a result of the refusal to accept the certification
of trust.

Section 1.03 Transferring Property to Our Trust

By executing this instrument, we transfer to our Trustee $10 in cash. Our Trustee accepts
and agrees to hold the $10 as trust property. Any additional property transferred to our
trust must be accepted by our Trustee. Our Trustee shall hold, administer, and dispose of
all accepted trust property for our benefit and for the benefit of our beneficiaries, in
accordance with the terms of this instrument. Any community property conveyed to our
trust, including the net income from community property and the proceeds from the sale of

First Name and Wife First Name Last Name Living Trust
1-1
community property, will retain its character as community property while we are alive
and married to the same extent as if it had not been conveyed to our trust.
(a) Community Property
Any community property transferred to our trust, including the property’s
income and the proceeds from the property’s sale or exchange, will retain
its character as community property during our lives, to the same extent as
if it had not been transferred to our trust.
(b) Separate Property
Separate property transferred to our trust will retain its character as separate
property. Our separate property may be identified as the separate property
of either of us on the attached schedules. The separate property of either of
us, including the property’s income and proceeds from the property’s sale
or exchange, will remain separate property. Each of us has the unrestricted
right to remove all or any part of our separate property at any time.
An amount that is payable to our trust on a life insurance policy that is the
separate property of either of us will retain its character as separate property.
(c) Joint Property
If joint tenancy property with right of survivorship is transferred to our trust,
we will be considered to have severed the joint tenancy immediately before
transferring the property, and no right of survivorship will exist with respect
to this property.

Section 1.04 Powers Reserved by Us as Trustmakers

As Trustmakers, we retain the powers set forth in this Section in addition to any powers
that we reserve in other provisions of this instrument.
(a) Action on Behalf of Our Trust
Whenever both of us are serving as Trustee, either or both of us may act for
and conduct business on behalf of our trust without the consent of any other
Trustee.
(b) Amendment, Restatement, or Revocation
Acting jointly, we may amend, restate, or revoke this instrument, in whole
or in part, for any purpose.
Each of us, individually and acting alone, may:
amend, restate, or revoke this trust, in whole or in part, as it
relates to the acting Trustmaker’s separate property; and
amend, restate, or revoke this trust, in whole or in part, as it
relates to the acting Trustmaker’s interest in the community
property, so long as it does not affect either of our rights and
interests in the community property.

First Name and Wife First Name Last Name Living Trust
1-2
Any amendment, restatement, or revocation must be made in writing and
delivered to our then-serving Trustee.
(c) Addition or Removal of Trust Property
Either of us may add property to our trust. Both of us, acting jointly may
remove any property from our trust. Each of us, acting alone, may remove
our own separate property from our trust. Community property removed
from our trust will retain its character as community property.
(d) Control of Income and Principal Distributions
We retain the right to control the distribution of income and principal from
our trust. We may direct our Trustee to distribute as much of the net income
and principal of the trust property as we consider advisable to us or to other
persons or entities. Our Trustee may distribute the net income and principal
to us or for our unrestricted use and benefit, even to the exhaustion of all
trust property. Any undistributed net income is to be added to the principal
of our trust.
(e) Approval of Investment Decisions
We reserve the absolute right to review and change our Trustee’s investment
decisions. But our Trustee is not required to seek our approval before
making investment decisions.

First Name and Wife First Name Last Name Living Trust
1-3
 Article Two
Family Information

We were married on October 27, 2018. First Name Last Name is referred to in this trust
as husband, and Wife First Name Last Name is referred to in this trust as wife.
We have one child, Child #1, born on October 27, 2018.
All references in this document to our children are references to this child, and any children
subsequently born to us or adopted by us by legal proceeding.
References to our descendants are to our children and their descendants, including any
deceased child’s descendants.

First Name and Wife First Name Last Name Living Trust
2-1
 Article Three
Trustee Succession

Section 3.01 Resignation of a Trustee

A Trustee may resign by giving written notice to either of us. If we are both incapacitated
or deceased, a Trustee may resign by giving written notice to the trust’s Income
Beneficiaries and to any Co-Trustees.

Section 3.02 Trustee Succession while Both of Us Are Alive

This Section governs the removal and replacement of our Trustees while both of us are
alive.
(a) Our Right to Remove and Replace Trustees
By joint agreement, we may remove any Trustee at any time, with or
without cause. If a Trustee is removed, resigns, or cannot continue to serve
for any reason, either or both of us may serve as Trustee, we may name a
Trustee to serve with either or both of us, or we may name a successor
Trustee. If one of us is incapacitated, the other may remove any Trustee at
any time, with or without cause. If a Trustee is removed, resigns, or cannot
continue to serve for any reason, the non-incapacitated Trustmaker may
serve as sole Trustee, name a Trustee to serve with the non-incapacitated
Trustmaker, or name a successor Trustee.
(b) Successor Trustee during Incapacity
During the incapacity of a Trustmaker, the other Trustmaker may serve as
sole Trustee.
If the other Trustmaker is unable or unwilling to serve for any reason, then
we name Trustee #1 to serve as successor Trustee.
During any time both of us are incapacitated, a Trustee may be removed
only for cause, and only if the removal is approved by a court of competent
jurisdiction upon the petition of an interested party. If no designated
successor Trustee is able and willing to act as Trustee, the court will name
a successor Trustee to replace the removed Trustee.

Section 3.03 Trustee Succession after the Death of Either or Both of Us

This Section governs the removal and replacement of our Trustees after the death of either
or both of us.
(a) Upon the Death of a Trustmaker
Upon the death of a Trustmaker, the other Trustmaker may serve as sole
Trustee of all trusts created under this instrument.
If the other Trustmaker is unable or unwilling to serve for any reason, then
we name Trustee #1 to serve as successor Trustee.

First Name and Wife First Name Last Name Living Trust
3-1
 After the death of one of us, the surviving Trustmaker may remove any
Trustee with or without cause. If the surviving Trustmaker is incapacitated,
a Trustee may be removed only for cause, and only if the removal is
approved by a court of competent jurisdiction upon the petition of an
interested party.
After both of our deaths, a Trustee may be removed only for cause, and only
if the removal is approved by a court of competent jurisdiction upon the
petition of any beneficiary. If the office of Trustee of a trust created under
this instrument is vacant and no designated successor Trustee is able and
willing to act as Trustee, any beneficiary may petition a court of competent
jurisdiction to name a successor Trustee to fill the vacancy. The court
petitioned to approve the removal of a Trustee will acquire jurisdiction over
the trust only to the extent necessary to approve or disapprove removal of
the Trustee.

Section 3.04 Unfilled Vacancy

Any beneficiary may petition a court of competent jurisdiction to name a successor Trustee
to fill any vacancy remaining unfilled after a period of 30 days. The court petitioned to
name a Trustee will acquire jurisdiction over the trust only to the extent necessary to make
the appointment. A minor or incapacitated beneficiary’s parent or Legal Representative
may act on his or her behalf.

Section 3.05 Appointment of a Co-Trustee

Any individuals serving as our Trustee may name an individual or a corporate fiduciary as
a Co-Trustee. The appointed Co-Trustee will not become a successor Trustee upon the
death, resignation, or incapacity of the Trustee or Trustees naming the Co-Trustee, unless
specifically named under this instrument’s terms. The appointment of a Co-Trustee made
under this Section may be revoked at any time with or without cause.

Section 3.06 Corporate Fiduciaries

Any corporate fiduciary serving under this instrument as a Trustee must be a bank, trust
company, or public charity that is qualified to act as a fiduciary under applicable federal or
state law and must be an Independent Trustee.

Section 3.07 Incapacity of a Trustee

If any individual Trustee becomes incapacitated, the incapacitated Trustee need not resign
as Trustee. For Trustees other than one of us, a written, good-faith declaration of incapacity
by the Co-Trustee or, if none, by the party designated to succeed the incapacitated Trustee,
will terminate the trusteeship. If the Trustee designated in the written declaration objects
in writing to termination of the trusteeship within five days of receiving the declaration of
incapacity, a written opinion of incapacity signed by a physician who has examined this
Trustee must be obtained before the trusteeship will be terminated for incapacity. The
Trustee objecting to termination of trusteeship must sign the necessary medical releases

First Name and Wife First Name Last Name Living Trust
3-2
needed to obtain the physician’s written opinion of incapacity, or the trusteeship will be
terminated without the physician’s written opinion.

Section 3.08 Appointment of Independent Special Trustee

If the Trustee of any trust created under this instrument is unwilling or unable to act with
respect to any trust property or any provisions of this instrument for any reason, the Trustee
may name a corporate fiduciary or an individual to act as an Independent Special Trustee
with respect to the property or provision. The appointing Trustee may revoke the
appointment at will.
An Independent Special Trustee may exercise all fiduciary powers granted by this
instrument unless expressly limited elsewhere in this instrument or by the Trustee in the
instrument naming the Independent Special Trustee. An Independent Special Trustee may
resign at any time by delivering written notice to the Trustee. Notice of resignation
becomes effective in accordance with the notice’s terms.

Section 3.09 Documenting Change of Trustee Status

Any appointment, removal, resignation, or other change in trusteeship must be in writing
and signed by the person or persons exercising the power. The written notice must be
dated, must specify the effective date and other terms regarding the change of Trustee
status, and must be delivered as specified in Section 3.10 of this instrument.

Section 3.10 Notice of Removal and Appointment

Notice of removal must be delivered to the Trustee being removed, and to any other then-
serving Trustees. The notice of removal will be effective in accordance with its provisions.
Notice of appointment must be delivered to the successor Trustee and any other then-
serving Trustees. The appointment will become effective at the time of acceptance by the
successor Trustee. A copy of the notice of appointment may be attached to this instrument.

Section 3.11 Prohibited Trustees

Notwithstanding anything in this instrument to the contrary, a beneficiary of a special needs
trust established under this instrument may not, at any time, serve as Trustee of the special
needs trust. If a beneficiary has been nominated to serve as a Trustee of the special needs
trust, that nomination will be null and void and the remaining provisions of this instrument
with respect to Trustee succession will apply.

First Name and Wife First Name Last Name Living Trust
3-3
 Article Four
Administration of Our Trust During a Trustmaker’s
Incapacity

During any period when one of us is incapacitated, our Trustee shall make distributions
authorized in this Article from the community property and the incapacitated Trustmaker’s
separate property.

Section 4.01 Distributions for the Incapacitated Trustmaker’s Benefit

Our Trustee shall regularly and conscientiously make appropriate distributions of the net
income and principal for the general welfare and comfort of an incapacitated Trustmaker
under the circumstances existing at the time those distributions are made. Our Trustee may
make distributions for the benefit of an incapacitated Trustmaker in any one or more of the
following ways:
to the incapacitated Trustmaker, to the extent he or she is able to manage
these distributions;
to other persons and entities for the incapacitated Trustmaker’s use and
benefit;
to an agent or attorney in fact authorized to act for the incapacitated
Trustmaker under a legally valid durable power of attorney executed by the
Trustmaker prior to incapacity; and
to a guardian or conservator for the incapacitated Trustmaker, who has
assumed responsibility for the incapacitated Trustmaker under any court
order, decree, or judgment issued by a court of competent jurisdiction.

Section 4.02 Distributions for the Benefit of the Other Trustmaker and
Our Dependents
Our Trustee may distribute as much of the net income and principal as our Trustee
considers necessary for the health, education, maintenance or support of the non-
incapacitated Trustmaker. Our Trustee may also distribute as much of the net income and
principal as our Trustee considers necessary for the health, education, maintenance or
support of other persons that our Trustee determines to be dependent on the incapacitated
Trustmaker for support.

Section 4.03 Guidance for Making Distributions

When making distributions under Section 4.01 and Section 4.02, our Trustee shall give
consideration first to our needs and then to the needs of those persons dependent on us.
When making distributions under Section 4.02, we request that our Trustee, with sole and
absolute discretion, consider other income and resources available to the dependents. Our
Trustee may make unequal distributions, distributions to some but not all dependents, or
no distributions.

First Name and Wife First Name Last Name Living Trust
4-1
A distribution made to a beneficiary under this Section will not be considered an
advancement, and will not be charged against the share of the beneficiary that may be
distributable under any other provision of this instrument.

First Name and Wife First Name Last Name Living Trust
4-2
 Article Five
Administration of Our Trust Upon the Death of a
Trustmaker

Section 5.01 Surviving Trustmaker’s Trust Property and Deceased

Trustmaker’s Trust Property
After the first of us dies, the surviving Trustmaker’s interest in any community property of
our trust and the surviving Trustmaker’s separate trust property will be referred to as the
surviving Trustmaker’s trust property. The surviving Trustmaker’s trust property will be
referred to as the Survivor’s Trust, and our Trustees shall administer the Survivor’s Trust
as provided in Article Seven.
The deceased Trustmaker’s interest in any community property of our trust and the
deceased Trustmaker’s separate trust property will be referred to as the deceased
Trustmaker’s trust property.

Section 5.02 Payment of Expenses and Taxes

Our Trustee may pay from the deceased Trustmaker’s trust property:
expenses of the deceased Trustmaker’s last illness, funeral, and burial or
cremation, including expenses of memorials and memorial services;
legally enforceable claims against the deceased Trustmaker or the deceased
Trustmaker’s estate;
expenses of administering the trust and the deceased Trustmaker’s estate;
and
court-ordered allowances for those dependent upon the deceased
Trustmaker.
These payments are discretionary with our Trustee. Our Trustee may make decisions on
these payments without regard to any limitation on payment of the expenses and may make
payments without any court’s approval. No third party may enforce any claim or right to
payment against the trust by virtue of this discretionary authority.
If payment would decrease the federal estate tax charitable deduction available to the
deceased Trustmaker’s estate, our Trustee may not pay any administrative expenses from
assets passing to an organization that qualifies for the federal estate tax charitable
deduction.
If payment would decrease the federal estate tax marital deduction available to the deceased
Trustmaker’s estate or violate the provisions of Treasury Regulation Section 20.2056(b)-
4(d), our Trustee may not pay any administrative expenses from the net income of property
qualifying for the federal estate tax marital deduction.

First Name and Wife First Name Last Name Living Trust
5-1
Section 5.03 Excluding Life Insurance Proceeds from Creditors
Despite anything to the contrary in this instrument, any life insurance proceeds payable to
the Trustee under this instrument must never be or become part of our probate or
testamentary estate. Nothing in this instrument directs that these life insurance proceeds be
used to pay our debts or expenses.

Section 5.04 Payment of Death Taxes

For the purposes of this Article, the term death taxes refers to any taxes imposed by reason
of the deceased Trustmaker’s death by federal, state, or local authorities, including estate,
inheritance, gift, and direct-skip generation-skipping transfer taxes. For purposes of this
Section, death taxes does not include any additional estate tax imposed by Internal Revenue
Code Section 2031(c)(5)(C) or Section 2032A(c), or any other comparable recapture tax
imposed by any taxing authority. Nor does the term include any generation-skipping
transfer tax, other than a direct-skip generation-skipping transfer tax.
Except as otherwise specified in this Article or elsewhere in this trust, our Trustee shall
apportion death taxes as provided under the laws of California in effect on the date of the
deceased Trustmaker’s death.

Section 5.05 Authority to Elect Portability

The applicable exclusion amount is defined in Internal Revenue Code Section 2010(c)(2).
After the death of one of us, if the deceased Trustmaker’s applicable exclusion amount
cannot be fully used, and the deceased Trustmaker does not have a duly appointed Personal
Representative for the deceased Trustmaker’s estate, then we nominate our Trustee to serve
as the deceased Trustmaker’s executor or administrator for purposes of Internal Revenue
Code Section 2203.
We authorize our Trustee, in its sole and absolute discretion, when acting as the deceased
Trustmaker’s executor or administrator for purposes of Internal Revenue Code Section
2203, to make a timely election under Internal Revenue Code Section 2010(c)(5)(A) so
that the surviving Trustmaker may take the deceased Trustmaker’s deceased spousal
unused exclusion amount (DSUE) as defined in Internal Revenue Code Section 2010(c)(4),
if any, into account in calculating the surviving Trustmaker’s applicable exclusion amount.
In determining whether or not a DSUE election should be made, our Trustee, acting as the
deceased Trustmaker’s executor or administrator for purposes of Internal Revenue Code
Section 2203, may take into account the overall size of the surviving Trustmaker’s estate,
the projected inclusion of the deceased Trustmaker’s trust estate due to the use of QTIP
elections, and general powers of appointment granted by the deceased Trustmaker to the
surviving Trustmaker.
Our Trustee, acting as executor or administrator for purposes of Internal Revenue Code
Section 2203, will not be liable to the beneficiaries of our Trust or the beneficiaries of the
surviving Trustmaker’s estate for the failure to make a DSUE election under Internal
Revenue Code Section 2010(c)(5)(A).

First Name and Wife First Name Last Name Living Trust
5-2
 Article Six
Specific Distributions and Disposition of Tangible
Personal Property

Section 6.01 Specific Gift of Residence

When the first Trustmaker dies, our Trustee shall distribute any real property, including
buildings and improvements used by the surviving Trustmaker as his or her principal
residence, to the Survivor’s Trust. This gift includes insurance policies on the property
and claims under those policies. Our Trustee shall distribute the property subject to all
liens and encumbrances against the property that exist at the death of the first Trustmaker
to die.
If the surviving Trustmaker disclaims any interest in the property distributed under this
provision, the interest will be distributed as provided in the Articles that follow.

Section 6.02 Distribution of Tangible Personal Property by Memorandum

Each of us may dispose of items of tangible personal property by a signed written
memorandum executed after we sign this instrument. The memorandum must refer to our
trust and must reasonably identify the items and the beneficiary designated to receive each
item. If either or both of us executes a memorandum, our Trustee shall incorporate the
memorandum by reference into this instrument to the extent permitted by law.
Our Trustee shall distribute the items of tangible personal property listed in the
memorandum as promptly as practicable after the death of a Trustmaker who completed
the memorandum, together with any insurance policies covering the property and any
claims under those policies, as provided in the memorandum. If either or both of us leave
multiple written memoranda that conflict as to the disposition of any item of tangible
personal property, the memorandum with the most recent date will control as to that item.
If the law does not permit incorporation of the memorandum by reference, the
memorandum will then serve as an amendment to our trust, but only to the extent this
amendment solely disposes of tangible personal property. We request that our Trustee
follow our wishes and distribute the items of tangible personal property listed in the
memorandum according to its terms.

Section 6.03 Distribution of Remaining Tangible Personal Property

Our Trustee shall distribute any of the deceased Trustmaker’s remaining tangible personal
property not disposed of by a written memorandum to the surviving Trustmaker. If we are
both deceased, our Trustee shall distribute the property under the remaining terms of this
instrument.
Until property distributed in accordance with this Article is delivered to the appropriate
beneficiary or his or her Legal Representative, our Trustee shall pay the reasonable
expenses of securing, storing, insuring, packing, transporting, and otherwise caring for the
property as an administration expense. Except as otherwise provided in our trust, our

First Name and Wife First Name Last Name Living Trust
6-1
Trustee shall distribute property under this Article subject to all liens, security interests,
and other encumbrances on the property.

First Name and Wife First Name Last Name Living Trust
6-2
 Article Seven
The Survivor’s Trust

Our Trustee shall allocate the remaining deceased Trustmaker’s trust property to the
Survivor’s Trust.
Our Trustee shall administer the Survivor’s Trust as provided in this Article.

Section 7.01 Trustee of the Survivor’s Trust

The surviving Trustmaker may serve as sole Trustee of the Survivor’s Trust. The surviving
Trustmaker may remove and replace the Trustee of the Survivor’s Trust at any time, with
or without cause. Notwithstanding any other provision in this instrument, the surviving
Trustmaker may appoint any individual or corporate fiduciary to serve as Trustee of the
Survivor’s Trust.

Section 7.02 The Surviving Trustmaker’s Right to Amend

The surviving Trustmaker also has the absolute right to amend, restate, or revoke the
Survivor’s Trust’s terms, in whole or in part, for any purpose. The amendment,
restatement, or revocation of the Survivor’s Trust must be in writing and signed by the
surviving Trustmaker and the Trustee of the Survivor’s Trust.
The right to amend, restate, or revoke may be exercised only by the surviving Trustmaker.

Section 7.03 Survivor’s Trust As Only Trust

If the Survivor’s Trust is the only trust established on the death of the deceased Trustmaker,
a transfer to that trust need not be evidenced by a change of title.

Section 7.04 Distribution of Income and Principal

Our Trustee shall distribute as much of the net income and principal of the Survivor’s Trust
to the surviving Trustmaker as he or she directs for any reason.
Our Trustee may also distribute as much of the net income and principal of the Survivor’s
Trust to the surviving Trustmaker as our Trustee determines necessary or advisable for any
purpose. Nothing contained in this instrument limits the surviving Trustmaker’s right to
receive the Survivor’s Trust’s entire net income.

Section 7.05 General Power of Appointment

The surviving Trustmaker may appoint all or any portion of the principal and undistributed
income remaining in the Survivor’s Trust at the surviving Trustmaker’s death among one
or more persons or entities, including the creditors of the surviving Trustmaker’s estate.
The surviving Trustmaker has the exclusive right to exercise this general power of
appointment.

First Name and Wife First Name Last Name Living Trust
7-1
Section 7.06 Administration following the Surviving Trustmaker’s Death
The Survivor’s Trust becomes irrevocable upon the death of the surviving Trustmaker, and
our Trustee shall administer the Survivor’s Trust consistent with the provisions of Article
Five for administration following the death of the first of us to die.
Upon completion of the administrative tasks, our Trustee shall administer the unappointed
balance or remainder of the Survivor’s Trust as provided in Article Eight.

First Name and Wife First Name Last Name Living Trust
7-2
 Article Eight
Distribution to Our Descendants

Our Trustee shall distribute our remaining property outright and free of trust to our
descendants, by representation. If a share is to be distributed to an incapacitated
beneficiary or a beneficiary under the age of 21, our Trustee shall hold or distribute the
share as provided in Article Ten.

First Name and Wife First Name Last Name Living Trust
8-1
 Article Nine
Remote Contingent Distribution

If at any time no person or entity is qualified to receive final distribution of any part of our
trust estate, this portion of our trust estate must be distributed one-half to those persons
who would inherit it had First Name Last Name then died intestate owning this property,
and one-half to those persons who would inherit it had Wife First Name Last Name then
died intestate owning this property. This distribution will be as determined and
proportioned under the laws of California then in effect.

First Name and Wife First Name Last Name Living Trust
9-1
 Article Ten
Distributions to Underage and Incapacitated
Beneficiaries

Section 10.01 Special Needs Trust

If under any provision of this trust our Trustee is directed to distribute to or for the benefit
of any beneficiary when that person is receiving or applying for needs-based government
benefits, our Trustee shall retain and administer the trust property as follows:
(a) Distributions for Special Needs
In its sole, absolute, and unreviewable discretion, our Trustee may distribute
discretionary amounts of net income and principal for special needs of the
beneficiary not otherwise provided by governmental financial assistance
and benefits, or by the providers of services.
Special needs refers to the basic requirements for maintaining the good
health, safety, and welfare when, in the discretion of our Trustee, these basic
requirements are not being provided by any public agency, office, or
department of any state or of the United States.
Special needs will also include medical and dental expenses; annual
independent checkups; clothing and equipment; programs of training,
education, treatment, and rehabilitation; private residential care;
transportation, including vehicle purchases; maintenance; insurance; and
essential dietary needs. Special needs may include spending money;
additional food; clothing; electronic equipment such as radio, recording and
playback, television and computer equipment; camping; vacations; athletic
contests; movies; trips; and money to purchase appropriate gifts for relatives
and friends.
Our Trustee will have no obligation to expend trust assets for these needs.
But if our Trustee, in its sole, absolute and unreviewable discretion, decides
to expend trust assets, under no circumstances should any amounts be paid
to or reimbursed to the federal government, any state, or any governmental
agency for any purpose, including for the care, support, and maintenance of
the beneficiary.
(b) Objective to Promote Independence of the Beneficiary
While actions are in our Trustee’s sole, absolute, and unreviewable
discretion, all parties to this trust should be mindful that our wish is that the
beneficiary live as independently, productively, and happily as possible.
(c) Trust Assets Not to be Considered Available Resource
to the Beneficiary
The purpose of the provisions of this Section 10.01 is to supplement any
benefits received, or for which the beneficiary may be eligible, from various

First Name and Wife First Name Last Name Living Trust
10-1
governmental assistance programs, and not to supplant any benefits of this
kind. All actions of our Trustee shall be directed toward carrying out this
intent, and our Trustee’s discretion granted under this instrument to carry
out this intent is sole, absolute, and unreviewable.
For purposes of determining the beneficiary’s eligibility for any of these
benefits, no part of the trust estate’s principal or undistributed income will
be considered available to the beneficiary for public benefit purposes. The
beneficiary must not be considered to have access to the trust’s principal or
income, or to have ownership, right, authority, or power to convert any asset
into cash for his or her own use.
Our Trustee shall hold, administer, and distribute all property allocated to
this trust for the exclusive benefit of the beneficiary during his or her
lifetime. All distributions from this trust share are in the sole, absolute, and
unreviewable discretion of our Trustee, and the beneficiary is legally
restricted from demanding trust assets for his or her support and
maintenance.
In the event our Trustee is requested to release principal or income of the
trust to or on behalf of the beneficiary to pay for equipment, medication, or
services that any government agency is authorized to provide, or to petition
a court or any other administrative agency for the release of trust principal
or income for this purpose, our Trustee is authorized to deny this request
and to take whatever administrative or judicial steps are necessary to
continue the beneficiary’s eligibility for benefits. This includes obtaining
legal advice about the beneficiary’s specific entitlement to public benefits
and obtaining instructions from a court of competent jurisdiction ruling that
neither the trust corpus nor the trust income is available to the beneficiary
for eligibility purposes. Any expenses incurred by our Trustee in this
regard, including reasonable attorney fees, will be a proper charge to the
trust estate.
(d) Distribution Guidelines
Our Trustee shall be responsible for determining what discretionary
distributions will be made from this trust. Our Trustee may distribute
discretionary amounts of income and principal to or for the benefit of the
beneficiary for those special needs not otherwise provided by governmental
financial assistance and benefits, or by the providers of services. Any
undistributed income will be added to principal. In making distributions,
our Trustee must:
consider any other known income or resources of the
beneficiary that are reasonably available;
consider all entitlement benefits from any government
agency, including Social Security disability payments,
Medicare, Medicaid (or any state Medicaid program
equivalent), Supplemental Security Income (SSI), In-Home

First Name and Wife First Name Last Name Living Trust
10-2
 Support Service (IHSS), and any other special purpose
benefits for which the beneficiary is eligible;
consider resource and income limitations of any assistance
program;
make expenditures so that the beneficiary’s standard of
living will be comfortable and enjoyable;
not be obligated or compelled to make specific payments;
not pay or reimburse any amounts to any governmental
agency or department, unless proper demand is made by this
governmental agency or reimbursement is required by the
state; and
not be liable for any loss of benefits.
(e) No Seeking of Order to Distribute
For purposes of determining the beneficiary’s state Medicaid program
equivalent eligibility, no part of the trust estate’s principal or undistributed
income may be considered available to the beneficiary. Our Trustee shall
deny any request by the beneficiary to:
release trust principal or income to or on behalf of the
beneficiary to pay for equipment, medication, or services
that the state Medicaid program equivalent would provide if
the trust did not exist; or
petition a court or any other administrative agency for the
release of trust principal or income for this purpose.
In its sole, absolute, and unreviewable discretion, our Trustee may take
necessary administrative or legal steps to protect the beneficiary’s state
Medicaid program equivalent eligibility. This includes obtaining a ruling
from a court of competent jurisdiction that the trust principal is not available
to the beneficiary for purposes of determining state Medicaid program
equivalent eligibility. Expenses for this action, including reasonable
attorney fees, will be a proper charge to the trust estate.
(f) Indemnification of Trustee When Acting in Good Faith
Our Trustee will be indemnified from the trust property for any loss or
reduction of public benefits sustained by the beneficiary as a result of our
Trustee exercising the authority granted to our Trustee under this Section in
good faith.
(g) Distribution upon the Death of the Beneficiary
Upon the beneficiary’s death, our Trustee shall distribute or retain the
remaining property according to the other provisions of this trust as though
the provisions of this Section 10.01 had not been effective. If the other
provisions of this trust provide for the beneficiary’s share to be held in trust,

First Name and Wife First Name Last Name Living Trust
10-3
 then those provisions will be interpreted as though the beneficiary died after
the establishment of that trust.
If the other provisions of this trust do not provide for the distribution or
retention of the remaining property, then the beneficiary will have the
testamentary limited power to appoint all or any portion of the principal and
undistributed income remaining in the beneficiary’s trust at his or her death
among one or more persons or entities. But the beneficiary may not exercise
this limited power of appointment to appoint to himself or herself, his or her
estate, his or her creditors or the creditors of his or her estate.
We intend to create a limited power of appointment and not a general power
of appointment as defined in Internal Revenue Code Section 2041.
If any part of the beneficiary’s trust is not effectively appointed, our Trustee
shall distribute the remaining unappointed balance by representation to the
beneficiary’s descendants. If the beneficiary has no then-living
descendants, our Trustee shall distribute the unappointed balance by
representation to the then-living descendants of the beneficiary’s nearest
lineal ancestor who was a descendant of ours or, if there is no then-living
descendant, by representation to our descendants.
If we have no then-living descendants, our Trustee shall distribute the
balance of the trust property as provided in Article Nine.

Section 10.02 Underage and Incapacitated Beneficiaries

If our Trustee is authorized or directed under any provision of this trust to distribute net
income or principal to a person who has not yet reached 21 years of age or who is
incapacitated as defined in Section 12.08(e), our Trustee may make the distribution by any
one or more of the methods described in Section 10.03. Alternatively, our Trustee may
retain the trust property in a separate trust to be administered by our Trustee under Section
10.04.
We request that before making a distribution to a beneficiary, our Trustee consider, to the
extent reasonable, the ability the beneficiary has demonstrated in managing prior
distributions of trust property.

Section 10.03 Methods of Distribution

Our Trustee may distribute trust property for any beneficiary’s benefit, subject to the
provisions of Section 10.02 in any one or more of the following methods:
Our Trustee may distribute trust property directly to the beneficiary.
Our Trustee may distribute trust property to the beneficiary’s guardian,
conservator, parent, other family member, or any person who has assumed
the responsibility of caring for the beneficiary.
Our Trustee may distribute trust property to any person or entity, including
our Trustee, as custodian for the beneficiary under the Uniform Transfers
to Minors Act or similar statute.

First Name and Wife First Name Last Name Living Trust
10-4
 Our Trustee may distribute trust property to other persons and entities for
the beneficiary’s use and benefit.
Our Trustee may distribute trust property to an agent or attorney in fact
authorized to act for the beneficiary under a valid durable power of attorney
executed by the beneficiary before becoming incapacitated.

Section 10.04 Retention in Trust

Our Trustee may retain and administer trust property in a separate trust for any
beneficiary’s benefit, subject to the provisions of Section 10.02 as follows.
(a) Distribution of Net Income and Principal
Our Independent Trustee may distribute to the beneficiary as much of the
net income and principal of any trust created under this Section as our
Independent Trustee may determine advisable for any purpose. If there is
no then-serving Independent Trustee, our Trustee shall distribute to the
beneficiary as much of the net income and principal of the trust created
under this Section as our Trustee determines is necessary or advisable for
the beneficiary’s health, education, maintenance or support. Any
undistributed net income will be accumulated and added to principal.
(b) Right of Withdrawal
When the beneficiary whose trust is created under this Section either
reaches 21 years of age or is no longer incapacitated, the beneficiary may
withdraw all or any portion of the accumulated net income and principal
from the trust.
(c) Distribution upon the Death of the Beneficiary
Subject to the terms of the next paragraph, the beneficiary whose trust is
created under this Section may appoint all or any portion of the principal
and undistributed net income remaining in the beneficiary’s trust at the
beneficiary’s death among one or more persons or entities, and the creditors
of the beneficiary’s estate. The beneficiary has the exclusive right to
exercise this general power of appointment.
The beneficiary may not exercise this power of appointment to appoint to
the beneficiary, the beneficiary’s estate, the beneficiary’s creditors, or
creditors of the beneficiary’s estate from the limited share of the
beneficiary’s trust. For purposes of this power of appointment, the limited
share of the beneficiary’s trust is that portion of the beneficiary’s trust that
has an inclusion ratio for generation-skipping transfer tax purposes of zero
or that without the exercise of the power of appointment, would not
constitute a taxable generation-skipping transfer at the beneficiary’s death.
If the generation-skipping tax does not then apply, the limited share will be
the beneficiary’s entire trust.
If any part of the beneficiary’s trust is not effectively appointed, our Trustee
shall distribute the remaining unappointed balance by representation to the

First Name and Wife First Name Last Name Living Trust
10-5
 beneficiary’s descendants. If the beneficiary has no then-living
descendants, our Trustee shall distribute the unappointed balance by
representation to the then-living descendants of the beneficiary’s nearest
lineal ancestor who was a descendant of ours or, if there is no then-living
descendant, by representation to our descendants.
If we have no then-living descendants, our Trustee shall distribute the
balance of the trust property as provided in Article Nine.

Section 10.05 Application of Article

Any decision made by our Trustee under this Article is final, controlling, and binding upon
all beneficiaries subject to the provisions of this Article.
The provisions of this Article do not apply to distributions to either of us from any trust
established under this trust.

First Name and Wife First Name Last Name Living Trust
10-6
 Article Eleven
Trust Administration and Trustee Powers

The terms of this trust prevail over any provision of California law, except those provisions
that are mandatory and may not be waived.

Section 11.01 No Court Supervision

This trust is to be administered expeditiously, consistent with the provisions of this
instrument, free of judicial intervention, and without order, approval, or action of any court.
Our trust will be subject to the jurisdiction of a court only if our Trustee or another
interested party institutes a legal proceeding. To the extent permissible by law, our Trustee
is not required to give any bond, surety, or security to make returns, inventories, appraisals,
or accountings to any court.

Section 11.02 Distributions to Beneficiaries

Whenever this instrument authorizes or directs our Trustee to make a distribution of net
income or principal to a beneficiary, our Trustee may apply any property that otherwise
could be distributed directly to the beneficiary for his or her benefit. Our Trustee does not
have a duty to inquire into the beneficiary’s ultimate disposition of the distributed property
unless specifically directed otherwise by this instrument.

Section 11.03 Beneficiary’s Status

Until a Trustee receives notice of the incapacity, birth, marriage, death, or other event upon
which a beneficiary’s right to receive payments may depend, the Trustee is not liable for
acting or not acting with respect to the event, or for disbursements made in good faith to
persons whose interests may have been affected by the event. Unless otherwise provided
in this instrument, the parent or Legal Representative may act on a minor or incapacitated
beneficiary’s behalf.

Section 11.04 Majority Control

In all matters pertaining to the administration of any trust, unless otherwise expressly
provided by the terms of this instrument, when more than two Trustees are serving, the
concurrence and joinder of a majority of our Trustees is required. If only two Trustees are
serving, the joinder of both of them is required. If a Trustee has released or is prohibited
from exercising any power under any other provision of this instrument with respect to any
action or property, then that Trustee will not be counted in the application of the preceding
sentence, and the other then-serving Trustee or Trustees may exercise that power with
respect to that action or property.
Any Trustee may dissent or abstain from a decision of the majority and be absolved from
personal liability by registering the dissent or abstention in the trust records. The Trustee
shall then act with the other Trustees in any way necessary or appropriate to effect the
majority’s decision.

First Name and Wife First Name Last Name Living Trust
11-1
Section 11.05 Delegation of Trustee Authority
Any Trustee may delegate the right to exercise any power granted to our Trustee in this
instrument to any other Trustee by a written instrument. During the time a delegation under
this Section is in effect, the Trustee to whom the delegation was made may exercise the
power to the same extent as if the delegating Trustee had personally joined in the exercise
of the power. The delegating Trustee may revoke the delegation at any time by giving
written notice of revocation to the Trustee to whom the power was delegated.

Section 11.06 Trustee Exoneration

Successor Trustees are not obligated to examine the accounts, records, or actions of any
previous Trustee or of the Personal Representative of a deceased Trustmaker. Successor
Trustees are not responsible for any act, forbearance, or omission of any prior Trustee or
the Personal Representative of a deceased Trustmaker.
Any Trustee may request and obtain agreements in writing from the beneficiaries or their
Legal Representatives releasing and indemnifying the Trustee from any liability that may
have arisen from the Trustee’s acts, omissions, or forbearances. Any agreement, if
acquired from all the trust’s living beneficiaries or their Legal Representatives, is
conclusive and binding on all parties, born or unborn, who have or will have an interest in
the trust.

Section 11.07 Self-Dealing

If a descendant of ours is serving as our Trustee, he or she may engage in acts of self-
dealing, even though state law restricts acts of self-dealing. Unless expressly prohibited
by another provision of our trust, a descendant of ours who is serving as our Trustee may
enter into transactions on behalf of our trust in which our Trustee is personally interested
so long as the terms of such transaction are fair to our trust. For example, a descendant of
ours who is serving as our Trustee may purchase property from our trust at its fair market
value without court approval.

Section 11.08 Trustee Compensation

Except for any Trustmaker, an individual serving as Trustee is entitled to fair and
reasonable compensation for the services provided as a fiduciary and to be reimbursed for
reasonable expenses incurred in carrying out the Trustee’s duties under this instrument. A
Trustee may charge additional fees for services he or she provides that are not comprised
within the duties as Trustee, including fees for legal services, tax return preparation, and
corporate finance or investment banking services.

Section 11.09 Exercise of Testamentary Power of Appointment

A testamentary power of appointment granted under this instrument may be exercised by
a valid Will, a valid Revocable Living Trust, or an amendment to a valid Revocable Living
Trust that specifically refers to the power of appointment. The holder of a testamentary
power of appointment may exercise the power to appoint property among the permissible
appointees in equal or unequal proportions, and on the terms and conditions the holder of
the power designates, whether outright or in trust. The holder of a testamentary power of

First Name and Wife First Name Last Name Living Trust
11-2
appointment may grant further powers of appointment to any person to whom principal
may be appointed, including a presently exercisable limited or general power of
appointment.
Our Trustee may conclusively presume that any power of appointment granted to any
beneficiary of a trust created under this instrument has not been exercised by the
beneficiary if our Trustee has no knowledge of the existence of a valid Will exercising the
power within three months after the beneficiary’s death.

Section 11.10 Determination of Principal and Income

the California Uniform Principal and Income Act, Probate Code §§ 16320et seq will govern
beneficiaries’ rights among themselves in matters concerning principal and income. If the
California Uniform Principal and Income Act, Probate Code §§ 16320et seq contains no
provision concerning a particular item, our Trustee will determine in an equitable and
practical manner what will be credited, charged, and apportioned between principal and
income.

Section 11.11 Additions to Separate Trusts

If upon the death of a Trustmaker, or upon the termination of any trust created under this
instrument, a final distribution is to be made to a person who is or is named as the Primary
Beneficiary of another trust created under this instrument, and there is no specific
indication whether the distribution is to be made in trust or outright and free of trust, our
Trustee shall make the distribution to the second trust instead of distributing the property
to the beneficiary outright. For purposes of administration, our Trustee shall treat the
distribution as though it had been an original part of the second trust.

Section 11.12 Authority to Merge or Sever Trusts

Our Trustee may merge a trust created under this trust with any other trust, if the two trusts
contain substantially the same terms for the same beneficiaries and have at least one Trustee
in common. Our Trustee may administer the merged trust under the provisions of the
instrument governing the other trust, and this trust will no longer exist if it merges into
another trust. Accordingly, in the event another trust is merged into this trust or a trust
created under the provisions of this trust document, our Trustee may shorten the period
during which this trust subsists to comply with Section 12.01, if necessary, to effect the
merger.
But if our Trustee determines that a merger or consolidation is not practicable, our Trustee
may consolidate the trusts’ assets for purposes of investment and trust administration while
retaining separate records and accounts for each respective trust.
Our Trustee may sever any trust on a fractional basis into two or more separate and identical
trusts, or may segregate a specific amount or asset from the trust property by allocation to
a separate account or trust. The separate trusts may be funded on a non pro rata basis,
provided that funding is based on the assets’ total fair market value on the funding date.
After the segregation, income earned on a segregated amount or specific asset passes with
the segregated amount or asset. Our Trustee shall hold and administer each separate trust
upon terms and conditions identical to those of the trust from which it was severed.

First Name and Wife First Name Last Name Living Trust
11-3
Subject to the trust terms, our Trustee may consider differences in federal tax attributes and
other pertinent factors in administering the trust property of any separate account or trust,
in making applicable tax elections, and in making distributions. A separate trust created
by severance must be treated as a separate trust for all purposes from the effective
severance date. But the effective severance date may be retroactive to a date before the
date on which our Trustee exercises the power.

Section 11.13 Authority to Terminate Trusts

If it is no longer economical to administer a trust created under this instrument, our
Independent Trustee may terminate the trust and distribute the trust property, including any
undistributed net income, to the beneficiaries who are then entitled to mandatory
distributions of the trust’s net income in the same proportions without any further
obligation or liability. If no beneficiary is entitled to mandatory distributions of net
income, the trust property will be distributed to the beneficiaries who are then eligible to
receive discretionary distributions of the trust’s net income, in amounts and shares
determined by our Independent Trustee.

Section 11.14 Reports

Whenever neither of us is serving as Trustee, the Trustee of each trust created under this
instrument shall prepare an annual report showing the receipts, disbursements, and
distributions of income, principal, and the assets on hand. The Trustee shall deliver the
report to the Primary Beneficiary unless the beneficiary waives the right to the annual
report. Delivery of a federal fiduciary income tax return filed for the trust will satisfy the
annual report requirement of this Section for the year of the return.

Section 11.15 Our Trustee’s Powers

Our Trustee may exercise all the powers conferred by this instrument without prior
approval from any court, and may perform every act reasonably necessary to administer
our trust estate as established under this instrument. Our Trustee may also exercise any
powers conferred by law, including all those powers set forth under the common law or
statutory laws of California or any other jurisdiction whose laws apply to this trust. The
powers set forth in the California Probate Code §§ 16200-16249 are specifically
incorporated into this instrument. The powers conferred upon our Trustee by law,
including those powers conferred by the California Probate Code §§ 16200-16249, are to
be subject to any express limitations or contrary directions contained in this instrument.
Our Trustee shall exercise these powers in the manner our Trustee determines to be in the
beneficiaries’ best interests. Our Trustee may not exercise any of its powers in a manner
that is inconsistent with the beneficiaries’ right to the beneficial enjoyment of the trust
property in accordance with the general principles of the law of trusts. The Trustee of a
trust may have duties and responsibilities in addition to those described in this instrument.
We encourage our Trustee to obtain appropriate legal advice if our Trustee has any
questions concerning the duties and responsibilities as Trustee.

First Name and Wife First Name Last Name Living Trust
11-4
 Article Twelve
General Provisions

Section 12.01 Maximum Term for Trusts

Notwithstanding any contrary provisions or unless terminated earlier under other
provisions of this trust, each trust created under this trust document will terminate 21 years
after the death of the last to die of the descendants of our paternal and maternal
grandparents who are living at the time of the first of us to die.
At that time, the remaining trust property will vest in and be distributed to the persons
entitled to receive mandatory distributions of the trust’s net income, in the same
proportions. If no beneficiary is entitled to mandatory distributions of net income, the
remaining trust property will vest in and be distributed to the beneficiaries entitled to
receive discretionary distributions of the trust’s net income, in equal shares.

Section 12.02 Spendthrift Provision

No beneficiary may assign, anticipate, encumber, alienate, or otherwise voluntarily transfer
the income or principal of any trust created under this trust. In addition, neither the income
nor the principal of any trust created under this trust is subject to attachment, bankruptcy
proceedings or any other legal process, the interference or control of creditors or others, or
any involuntary transfer.
This Section does not restrict a beneficiary’s right to disclaim any interest or exercise of
any power of appointment granted in this trust.

Section 12.03 Contest Provision

If any person attempts to contest or oppose the validity of this trust or any amendment to
this trust, or commences, continues, or prosecutes any legal proceedings to set this trust
aside, then that person will forfeit his or her share, cease to have any right or interest in the
trust property, and will be considered to have predeceased the last of us to die for purposes
of this instrument.
But during any period in which the laws of the State of California govern the applicability
or validity of this provision, California Probate Code Section 21311 will apply, and our
Trustee may only enforce this provision against any of these types of contests:
a direct contest brought by any beneficiary without probable cause;
a pleading by any beneficiary to challenge a property transfer on the
grounds that the transferor did not own the property at the transfer time; and
any filing of a creditor’s claim or prosecution of any action based on the
filing of a claim of this kind.
The terms direct contest, and pleading have the same meanings as set forth in California
Probate Code Section 21310. This trust and any trusts created in this instrument are
protected instruments as provided in California Probate Code Section 21310(e).

First Name and Wife First Name Last Name Living Trust
12-1
Section 12.04 Survivorship Presumption
If we die under circumstances in which the order of our deaths cannot be established, each
of us will be considered to have predeceased the other and each Trustmaker’s interest in
any community property of our trust, and each Trustmaker’s separate trust property will be
administered as provided in Section 7.06 for administering the remaining property in the
Survivor’s Trust upon death of the surviving Trustmaker.
If any other beneficiary is living at the death of a Trustmaker, but dies within 45 days after
the Trustmaker’s death, then the beneficiary will be considered to have predeceased the
Trustmaker for purposes of this trust.

Section 12.05 Effect of Legal Separation or Dissolution of Marriage

If either of us files a petition for legal separation or dissolution of marriage and unless and
until the petition is dismissed, each of us, each of our respective parents as to the other of
us, all of our descendants who are not the descendants of the other of us, and all spouses
of such persons who are not descendants of our respective parents will be deemed to have
died intestate on the date of the filing for all purposes of this instrument (except Section
12.01, above). Any exercise or exercises of any power of appointment by any person
named identified in this paragraph that has not become effective prior to the filing date will
be null and void. If, however, a court issues any order dismissing a petition described
above, and we accept the dismissal of the petition by a written acknowledgement, then the
persons identified in this paragraph will no longer be deemed to have died intestate for
purposes of this instrument.

Section 12.06 Changing the Governing Law and Situs of Administration

At any time, our Trustee may change the governing law of the trust; change the situs of the
administration of the trust; and remove all or any part of the property from one jurisdiction
to another. Our Trustee may elect, by filing an instrument with the trust records, that the
trust will then be construed, regulated, and governed by the new jurisdiction’s laws. Our
Trustee may take action under this Section for any purpose our Trustee considers
appropriate, including the minimization of any taxes in respect of the trust or any trust
beneficiary.
If considered necessary or advisable by our Trustee, our Trustee may appoint an
Independent Trustee to serve as Trustee in the new situs.
If necessary and if our Trustee does not appoint an Independent Trustee within 30 days of
our Trustee’s action to change the governing law or situs of the trust, the beneficiaries
entitled to receive distributions of the trust’s net income may appoint a corporate fiduciary
in the new situs by majority consent. If a beneficiary is a minor or is incapacitated, the
beneficiary’s parent or Legal Representative may act on the beneficiary’s behalf.

Section 12.07 Antilapse Statutes

Whether existing now or enacted later, no antilapse statute of California or any other
jurisdiction will be applied in construing any provision of this trust.

First Name and Wife First Name Last Name Living Trust
12-2
Section 12.08 Definitions
For purposes of this trust, the following terms have these meanings:
(a) Adopted and Afterborn Persons
A person in any generation who is legally adopted before reaching 18 years
of age and his or her descendants, including adopted descendants, have the
same rights and will be treated in the same manner under this trust as natural
children of the adopting parent. A person is considered legally adopted if
the adoption was legal at the time when and in the jurisdiction in which it
occurred.
A fetus in utero later born alive will be considered a person in being during
the period of gestation.
(b) By Representation
Whenever a distribution is to be made to a designated person’s descendants
by representation, the distribution will be divided into as many equal shares
as there are then-living descendants in the nearest degree of kinship and
then-deceased descendants in the same degree who left then-living
descendants. Each then living descendant in the nearest degree will receive
one share, and the share of each then deceased descendant in the same
degree will be divided among his or her descendants in the same manner.
(c) Descendants
The term descendants means persons who directly descend from a person,
such as children, grandchildren, or great-grandchildren. The term
descendants does not include collateral descendants, such as nieces and
nephews.
(d) Good Faith
For the purposes of this trust, a Trustee has acted in good faith if:
an action or inaction is not a result of intentional
wrongdoing;
the Trustee did not make the decision to act or not act with
reckless indifference to the beneficiaries’ interests; and
an action or inaction does not result in an improper personal
benefit to the Trustee.
Further, all parties subject to the provisions of this trust will treat any action
or inaction made in reliance on information, consent, or directions received
from the Personal Representative of each of our estates as made in good
faith for the purposes of this Section, except for cases of willful misconduct
or malfeasance on the Trustee’s part.

First Name and Wife First Name Last Name Living Trust
12-3
(e) Incapacity
Except as otherwise provided in this trust, a person is considered
incapacitated in any of the following circumstances.
(1) The Opinion of Two Licensed Physicians
An individual is considered to be incapacitated whenever
two licensed physicians give the opinion that the individual
is unable to effectively manage his or her property or
financial affairs, whether as a result of age; illness; use of
prescription medications, drugs, or other substances; or any
other cause. If an individual whose capacity is in question
refuses to provide necessary documentation or otherwise
submit to examination by licensed physicians, that
individual will be considered incapacitated.
An individual is considered restored to capacity whenever
the individual’s personal or attending physician provides a
written opinion that the individual is able to effectively
manage his or her property and financial affairs.
(2) Court Determination
An individual is considered incapacitated if a court of
competent jurisdiction has declared the individual to be
disabled, incompetent, or legally incapacitated.
(3) Detention, Disappearance, or Absence
An individual is considered to be incapacitated whenever he
or she cannot effectively manage his or her property or
financial affairs due to the individual’s unexplained
disappearance or absence for more than 30 days, or
whenever he or she is detained under duress.
An individual’s disappearance, absence, or detention under
duress may be established by an affidavit of our Trustee, or
by the affidavit of any beneficiary if no Trustee is then
serving. The affidavit must describe the circumstances of
the individual’s disappearance, absence, or detention, and
may be relied upon by any third party dealing in good faith
with our Trustee.
(f) Include, Includes, Including
In this document, the words include, includes, and including mean include
without limitation, includes without limitation and including without
limitation, respectively. Include, includes, and including are words of
illustration and enlargement, not words of limitation or exclusivity.

First Name and Wife First Name Last Name Living Trust
12-4
(g) Income Beneficiary
The term Income Beneficiary means any beneficiary who is then entitled to
receive distributions of the trust’s net income, whether mandatory or
discretionary.
Unless otherwise provided in this trust, the phrase majority of the Income
Beneficiaries means any combination of Income Beneficiaries who would
receive more than 50% of the accrued net income if that income were
distributed on the day of a vote. For purposes of this calculation,
beneficiaries who are eligible to receive discretionary distributions of net
income receive the imputed income in equal shares.
References to a majority refer to a majority of the entire trust collectively
until our Trustee allocates property to separate trusts or trust shares. After
our Trustee allocates property to separate trusts or trust shares, references
to a majority refer to a majority of each separate trust or trust share.
(h) Independent Trustee
The term Independent Trustee means any Trustee who is not an Interested
Trustee as defined in Subsection (j) and includes an Independent Special
Trustee appointed under the provisions of Section 3.08.
(i) Instrument
The term this instrument means this trust, and includes all trusts created
under the terms of this trust.
(j) Interested Trustee
The term Interested Trustee means a Trustee who:
is a transferor or beneficiary;
is related or subordinate to a transferor or beneficiary;
can be removed and replaced by a transferor with either the
transferor or a party who is related or subordinate to the
transferor; or
can be removed and replaced by a beneficiary with either the
beneficiary or a party who is related or subordinate to the
beneficiary.
For purposes of this Subsection, transferor means a person who transferred
property to the trust during that person’s lifetime, including a person whose
disclaimer resulted in property passing to the trust. A person is only a
transferor during his or her lifetime. Beneficiary means a person who is or
may become eligible to receive income or principal from the trust under the
terms of the trust, even if this person has only a remote contingent remainder
interest in the trust, but not if the person’s only interest is as a potential
appointee under a power of appointment. Related or subordinate is used as
defined in Internal Revenue Code Section 672(c).

First Name and Wife First Name Last Name Living Trust
12-5
(k) Internal Revenue Code and Treasury Regulations
Any references to a specific section of the Internal Revenue Code include
subsequent versions of sections that replace the specific sections as a result
of changes to the Internal Revenue Code after this date.
(l) Legal Representative or Personal Representative
As used in this trust document, the term Legal Representative or Personal
Representative means a person’s guardian, conservator, executor,
administrator, Trustee, attorney in fact under a Durable Power of Attorney,
or any other person or entity representing a person or the person’s estate. In
the case of a minor beneficiary, the beneficiary’s parent or another adult
with custody of the beneficiary, except for any transferor to a trust created
under this instrument, will be considered the beneficiary’s Legal
Representative for purposes of this trust.
(m) Primary Beneficiary
The Primary Beneficiary of a trust created under this trust is that trust’s
oldest Income Beneficiary, unless some other individual is specifically
designated as the Primary Beneficiary of that separate trust.
(n) Shall and May
Unless otherwise specifically provided in this trust or by the context in
which used, we use the word shall in this trust to impose a duty, command,
direct, or require, and the word may to allow or permit, but not require. In
the context of our Trustee, when we use the word shall we intend to impose
a fiduciary duty on our Trustee. When we use the word may we intend to
empower our Trustee to act with the Trustee’s sole and absolute discretion
unless otherwise stated in this trust. When we use the words may not in
reference to our Trustee, we specifically mean our Trustee is not permitted
to.
(o) Trust
The terms this trust, this document, instrument, and this trust document refer
to this trust and all trusts created under the terms of this trust.
(p) Trustee
The terms our Trustee and Trustee refer to the Initial Trustees named in
Article One and to any successor, substitute, replacement, or additional
person, corporation, or other entity that ever acts as the Trustee of any trust
created under the terms of this trust. The term Trustee refers to singular or
plural as the context may require.
(q) Trustmaker
Trustmaker has the same legal meaning as Grantor, Settlor, Trustor or any
other term referring to the maker of a trust.

First Name and Wife First Name Last Name Living Trust
12-6
 (r) Trust Property
The term trust property means all property acquired from any source and
held by a Trustee under this trust.

Section 12.09 General Provisions and Rules of Construction

The following general provisions and rules of construction apply to this trust.
(a) Multiple Originals; Validity of Paper or Electronic Copies
This trust may be executed in any number of counterparts, each of which
will be considered an original.
Any person may rely on a paper or electronic copy of this trust that the
Trustee certifies to be a true copy as if it were an original.
(b) Singular and Plural; Gender
Unless the context requires otherwise, singular words may be construed as
plural, and plural words may be construed as singular. Words of one gender
may be construed as denoting another gender as is appropriate within the
context. The word or, when used in a list of more than two items, may
function as both a conjunction and a disjunction as the context requires.
(c) Headings of Articles, Sections, and Subsections
The headings of Articles, Sections, and Subsections used within this trust
are included solely for the convenience of the reader. They have no
significance in the interpretation or construction of this trust.
(d) Governing State Law
This trust is governed, construed, and administered according to the laws of
California, as amended except as to trust property required by law to be
governed by the laws of another jurisdiction and unless the situs of
administration is changed under Section 12.06.
(e) Notices
Unless otherwise stated, any notice required under this trust will be in
writing. The notice may be personally delivered with proof of delivery to
the party requiring notice and will be effective on the date personally
delivered. Notice may also be mailed, postage prepaid, by certified mail
with return receipt requested to the last known address of the party requiring
notice. Mailed notice is effective on the date of the return receipt. If a party
giving notice does not receive the return receipt but has proof that he or she
mailed the notice, notice will be effective on the date it would normally
have been received via certified mail. If the party requiring notice is a minor
or incapacitated individual, notice will be given to the parent or Legal
Representative.

First Name and Wife First Name Last Name Living Trust
12-7
 (f) Severability
The invalidity or unenforceability of any provision of this trust does not
affect the validity or enforceability of any other provision of this trust. If a
court of competent jurisdiction determines that any provision is invalid, the
remaining provisions of this trust are to be interpreted as if the invalid
provision had never been included.
We have executed this trust on October 27, 2018. This trust instrument is effective when
signed by us, whether or not now signed by a Trustee.

First Name Last Name, Trustmaker and Trustee

Wife First Name Last Name, Trustmaker and

Trustee

A notary public or other officer completing this certificate verifies only the identity of the individual
who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or
validity of that document.

State of California )
County of County )
On October 27, 2018 before me, Kira Wattenburg King, a Notary Public, personally
appeared First Name Last Name and Wife First Name Last Name, who proved to me on
the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to
the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
I certify under PENALTY of PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.

Signature (Seal)

First Name and Wife First Name Last Name Living Trust
12-8
 Schedule C
Community Property

First Name and Wife First Name Last Name Living Trust
C-1
 Schedule T-1
First Name Last Name’s Separate Property

First Name and Wife First Name Last Name Living Trust
T-1 - 1
 Schedule T-2
Wife First Name Last Name’s Separate Property

First Name and Wife First Name Last Name Living Trust
T-2 - 1