Party Discovery: IN THE MATTER OF THE ROSIA L. HART REVOCABLE TRUST

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Case Number: PTR-06-288755
Filing Date: Aug-31-2006 3:10
Juke Box: 001 Image: 01525873
GENERIC PROBATE PLEADING"

IN THE MATTER OF THE ROSIA L. HART REVOCABLE TRUST

001P01525873

Instructions:
Please place this sheet on top of the document to be scanned.vt

Andrew K, Schultz (SBN 215917)

WITHERSPOON & SIRACUSA

1550 Bryant Street, Suite 875 . EF

San Francisco, CA 94103 . L

Telephone (415) 552-1814 Sen Francisco County Superior Court

Fax (415) 552-2158

AUG 3 1 2006

Attorneys for Herb Thomas

Temporary Success

‘or Trustee . GORDON PARKL}, Clerk
BY ark

SUPERIOR COURT OF THE STATE OF CALIFORNIA

CITY AND COUNTY OF SAN FRANCISCO

NUMBER: PTR-06-288755

THE ROSIA L. HART

REVOCABLE TRUST

dated May 19, 2004

ESTATE PLANNING DOCUMENTS OF
ROSIA L. HART .

Cross Ref. Case No. PCN-06-288756
The Conservatorship of Rosia Lee Hart

Attached hereto are copies of the following documents:

Exhibit A:
Exhibit B:

Exhibit C:
Exhibit D:

Exhibit E:

Notice of Revocation of The Rosia Lee Hart 1997 Revocable Living
Trust dated December 10, 1997

The Rosia L. Hart Revocable Trust dated May 19, 2004, including a
General Assignment, Bill of Sale and Declaration of Intent

Last Will of Rosia L. Hart

Durable Power of Attorney for Management of Property and
Personal Affairs (missing signature and acknowledgment page(s)).

Advance Health Care Directive

kee 6 Sotulty

Dated: tual 3e , 2006 hn
Andrew K. Schultz 5

Attorney for Herb Thomas

ESTATE PLANNING DOCUMENTS. T PTR-06-288755EXHIBIT_A_ fCc . €
NOTICE OF REVOCATION
OF .
TIE ROSIA LEE HART 1997 REVOCABLE LIVING TRUST
DATED DECEMBER 10, 1997

~

1, ROSIA L. HART, A RESIDENT OF CONTRA COSTA COUNTY, CALIFORNIA,
EXECUTED A REVOCABLE LIVING TRUST DATED DECEMBER 10, 1997, UNDER
WHICH 1 AM THE ACTING TRUSTEE. 1 HEREBY AM DECLARING THAT THE ROSIA -.
. LEG HART $997 REVOCABLE LIVING TRUST DATED DECEMBER 10, 1997 .
INCLUDING ANY AND ALL POWER(S), AUTHORITY AND REFERENCES MADE

‘THERETO AS WELL AS ANY AND ALL AMENDMENTS, 1S REVOKED IN ITS

ENTIRETY.

} WAVE EXECUTED THE ROSIA L. HART REVOCABLE TRUST DATED MAY 19, 2004
AND IT IS MY INTENT THAT THIS DECLARATION OF TRUST DATED MAY 19, 2004
HOLD, ADMINISTER AND DISTRIBUTE MY ESTATE PER THE TERMS OF THE ROSIA
L. HART REVOCABLE TRUST DATED MAY 19, 2004 TRUST AGREEMENT AND MAKE
NULL AND voID THE ROSIA LEE HART 1997 REVOCABLE LIVING TRUST DATED
DECEMBER 10, 1997.

‘TIS NOTICE OF REVOCATION OF THE ROSIA LEE HART 1997 REVOCABLE LIVING
TRUST DATED DECEMBER 10, 1997 1S EXECUTED BY ME, ROSIA L. HART AT :

CONTRA COSTA COUNTY, CALIFORNIA.

Re pean bh ie Corte :

ROSIA L.HART, TRUSTEE ~ACKNOWLEDGMENT

State of Califormia }
County of Contra Costa }

On fh v CuUsTF, 2.00 € hotore me, Kyron D Hing a

notary public in and for the State of California, personally appeared Rosia L. Hart, personally

knowa-tameter proved to me on the basis of satisfactory evidence) to be the person whose name
is subscribed to the within instrument and acknowledged to me that she executed the same in her
authorized capacity, and that by her signature on the instrument, the person, or the entily upon

behalf of which the person acted, exccuted the instrument.

WITNESS my hand and official seal.

Signature | te _ (SEAL)THE ROSIA L. HART REVOCABLE TRUSTSettlor:
Rosia L. Hart

Address:
3133 Crestline Ct.
Antioch, Califomia 94531

County:
Contra Costa

Trust Name:
The Rosia L. Hart Revocable Trust

Date Established: May 19, 2004

Type of Trust:
Revocable Living Trust

Initial Trustee(s):
Rosia L. Hart

Social Security No.
437-26-5854

Successor ‘Trustees:
First: Gregory K. Wiggins
Second: Henry Gains

TRUST PARTICULARS

C€ C

THE ROSIA L. TART REVOCABLE TRUST

ARTICLE ONE

CREATION OF TRUST

1.1. Declaration. Rosia L. Hart of Contra Costa County, California, who is herein referted to as
“the settlor” or "the trustee,” depending on the context, hereby declares that she holds certaln property
(the “trust estate”) in trust, to be held, administered, and distributed according to the tettns of this -

instrument.

1.2. Name of Trust. The name of the trust created by this instrument shall be The Rosia L. Hart

“Revocable Trust.

1.3. Effective Date. This declaration shall be effective as of the date of May 19, 2004,

ro Ae tare,

1.4. Marital Status, The settlor is not married.

ARTICLE TWO
TRUST ESTATE

2.1. Definition of Trust Estate. Al! property subject to this instrument from time to time is

referred to as the “trust estate" and shall be held, administered, and distributed as provided itt this
instrument. ‘The trustee shall hold, administer, and distribute the property described in any schedules of
property (which are attached hereto and made a part of this trust instrument), any other property that
may be hereafter subject to this trust, and the income and proceeds attributable to all such property, in

accordance with the provisions of this instrument. . ‘ \

Declaration of The Rosta L. Mart Revocable Trust !2.2. Additions to Trust. Fronf time to time, the {rustee may accept additions to this trust from

any source. All such additions shall become part of the trust estate and shall be held, administered, and .

distributed in accordance with the terms of this instrument. That additional property shalt become part
of the trust estate on written acceptance of il by the trustee. Any additions to the trust shall be made by
designating in writing the property to be added. However, the titling of any account, deed, of similar
asset in the name of the trustee, as trustee of this trust, or any alternate or successor trustee acting under
this instrument, shalt be deemed to be a transfer to this trust. Any designation by a third party, whether

by will, deed, account tille designation, or similar transfer, shall also be a transfer to the trust estate.

ARTICLE THREE
RIGHTS AND POWERS OF SETTLOR

_ 3.1. Power of Revocation and Amendment. This trust may be amended, revoked, of terminated

by the settlor, in whole or in part, al any time during settlor’s lifetime. After the settlor’s death, this

trust shall be irrevocable and not subject to amendment.

“3.2. Method of Revocation or Amendment. Any amendment, revocatiot, of termination of this
intst shall be made by written instrument signed by the settlor and delivered to the trustee, Ait exercise
of the power of amendment substantially affecting the duties, rights, and liabilities of the trustee shall
be effective only if agreed to by the trustee in wriling.

3.3. Delivery of Property Afler Revocation. After any revocation or termination, the trustee

shall promptly deliver the designated properly to the setttor.

3.4. Trustee's Retention of Assets on Revocation, In the event of any revocation of all ot part of
the trust, the trustce shafl be entiticd to retain sufficient assets to reasonably secure the payment of
liabilities the trustee has lawfully incurred in administering the trust and any fees that have been earned
by the trustee, until such time as those liabilities have been discharged and fces paid, unless the settlor

indemnifies the trustee against loss or expense.
Declaration of The Rosia L. Hart Revocable Trust 2

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3,5. Settlor’s Power to Direct Trust_Investments, Notwithstanding any other provision in this

instrument, during the scttlor’s lifetime, the setttor shall have the power to direct the trustee to do any .

or all ofthe follow’
(a) Invest trust finds in specified secutities, properties, or other forms of investinent;

(b) Retain as part of the trust estate, for specified periods of time, secutities, properties, or
other forms of investment held in trust under this instrument; and 0 t" -* ‘
(c) Sell, encumber, lease, abandon, or dispose of any trust property.

If the trust property is invested in accordance with the terms of the written direction, the trustee

_ Shall not be liable for losses sustained as a direct or indirect result of the trustee's compliance ‘

with that direction. All directions shall be in a writing signed by the settlor, specifying, if

applicable, the period of time during which the instructions shall remain in effect and describing
any other conditions affecting the directions. ‘After the settlor's Ueatl, no person shall have the - oo
power to direct the trustce to invest trust property.

4.6. Settlor's Power to Borrow From Trust Estate. Notwithstanding any other provision in

this instrument, during the sctllor’s lifetime, the settlor may borrow from the income of principal
of the trust estate, with or without security, such amounts on such terms as the settlor specifies in

asigned writing fited with the trustee.3.7. Exercise of Rights and Powers of Seiilor By Others. Any right or power that the settlor

could exercise personally under the terms of this instrument, except the power to amend, tevoke,
or terminate this trust, may be exercised for and in behalf of the seltlor by any attorney in fact i
who, at the time of the exercise, is duly appointed and acting for the settlor under a valid and
enforceable durable power of attorney executed by the settlor under the Uniform Durable Power
of Atlomey Acl, or any successor statute, or, if there is no such attorney in fact, by a duly “
appointed and acting conservator of the settlor, afer petition to the court in accotdance with
_, California Probate Code Section 2580, or any successor statute. The power to amend, revoke, or 5
terminate this trust is personat to the settlor and may not be exercised by any other person or
entity. ,

“ARTICLE FOUR

DISTRIBUTIONS DURING SETTLOR'S LIFE

4.1. Payment of Income During Selflor’s Life. So long as the settlor is living, the trustee

shall pay to or apply for the benefit of the scttlor all of the net income of the trust, in thonthly of x
other convenient installments (but not less often than annually) as the setltlor atid the tnistee may |
agree on from time to time. , 3
4.2. Distributions of Principal During Scltlor's Lifetime. From lime to time during the :
settlor's lifetime, the trustee shall distribute to or apply for the benefit of the settlor as much of :
the principal of the trust as the trustee, in the trustee's discretion, deems propet for the settlor's i
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comfort, welfare, and happiness. In exercising discretion, the trustee shall give the consideration

that the trustee deems proper‘to all other income and resources then readily avaitable to the
settlor for use for these purposes and that are then known to the trustee. All decisions of the

trustee regarding payments under this section, if any, are within the trustee's discretion and shall

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4.3. Distributions of Principal al Request of Sctilor. During the settlor's lifetime, the trustee

shall distribute to the scttlor such amounts from the principal of the (rust, up to the whole thereof,
as the settlor may from time to time request of the trustee in writing,

4.4, Requests in Behalf of the Scttlor Unable to Do So Personally. If, at any time, the settlor

is unable personally to make a request of the trustee to withdraw principal of the trust, the
seftlor's right to make the request may be exercised for or in settlor's behalf by an attorney in fact
who, at the time of the exercise, is duly appointed and acting for the settlor under a valid and
_, enforceable durable power of altorney executed by the settlor, If there is no such attorney in fact,

then the trustee shall have the discretion to make any principal distribution to or for the benefit of

the settlor that the settlor could have requested personally if she were able to do so. In making ©

any principal distribution under this section (whether pursuant (¢ a request by an attorney in fact
or nol), the trustee shall pay as much of the principal as the trustee, in the trustee's discretion,
deems necessary for the scttlor’s health, education, support, and maintenance. The trustee shall

have discretion fo determine when the settlor is unable personally to request principal payments

from the trustee for purposes of this section.

wth Ak WNn ad sense snne cana dnt tistart on, cath meanalnee eaten ei tc tt ae are al eeeARTICLE FIVE
DISTRIBUTIONS APTER SETTLOR'S DEATH

5.1. Payment of Death Taxes, Debts, and Expenses on Statement From Personal Representative,

After the setitor's death, on receipt by the trustee of a written statement from the personal
representative of the settlor's estate requesting that the trustee pay death taxes, debts, and
expenses (as defined in Article Seven), with respect to any property in the settlor's estate, the

trustee shall pay, cither directly or to the personal representative, any amounts requested by the

_ personal representative for those purposes, in the manner specified below. The trustee may rely

on the personal representative's statement and shail not be liable for any act or omission by the
personal representative in protesting or failing to protest the legality, propriety, ot atmount of the
death taxes, debts, or expenses. If there is no personal representative, the trustee shall make the
payments directly, Payments of debts and expenses shall be made by the trustee frotrt the trust
estate. All death taxes payable by reason of the settlor’s death shall also be paid by the trustee
from the trust estate. The trustce shall not pay death taxes, debts, and expenses or othet
obligations of the settlor or the setttor's estate from proceeds of insurance policies on the settlor’s
life if making those payments would be the sole cause of the proceeds being inclidable in the

setllor’s gross estate for federal estate tax purposes.

$2. Trustee's Power to Defer Division or Distribution. Whenever the trustee is directed to

divide any part of the trust estate or distribute trust assets on the death of the settlor, the trustee
may, in the trustee's discretion, defer actual division or distribution for a period not exceeding six
(6) months after the settlor's death. The ability of the trustee to delay division or distribution

shall not affect the vesting of interests, which shall be as of the date of death.

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se cama he Geet5.3. ‘Disposition of Trust Estate. On the setllor’s death, the trust’ estate shall be sofd and

disposed of as follows: :
(a) Distribution of Gifs. The Trustee shall distribute -gifts of trust property

hereinbelow, to the named individuals as follows: .
1, Adctine Reed, the sum of fiflcen thousand doflars ($15,000.00).
2. Gayle R, Reed, the sum of ten thousand dotlars ($10,000.00).
3. Rosalind 1D. Reed, the sum of ten thousand dollars ($10,000.00).
4, Henry Gains, the sum of one-hundred thousand dotlars ($1 00,000.00).
5. Gregory K. Wiggins, that cctlain real property located at, 3133 Crestline Ct, Antioch, CA
94531.

Tf any individual named in this section is not then living, the gift to such deceased individual

shall lapse and shall become a portion of the remainder of the trust estate. ;

(b) Disinherit, 1 intentionally and with full knowledge disinherit, and omit any
provision in my Trust for, the following persons:
1. Alvira Ward. 4, Sadira Shaw.
2. David Johnson. 5. George Fruit.
3, Willie Woods.

Further, 1 intend that this disinheritance specifically defeat the application of any statutory
heirship interest.

(c) The trustce shall distribute the remaining trust properly (including all income then
acertied but uncoliccted and all income then remaining in the hands of the trustee) to the
following individual who survives the selllor:

Gregory K. Wiggins, one-hundred percent (1 00%).

(il) Distribution of Deceased Bencficiary's Share. In the event Gregory K. Wiggins, a
beneficiary named in Section 5.3.(c) is not then living, the share of Gregory K. Wiggins shafl be
distributed to Henry Gains, in the event Henry Gains is not then living, the share of Henry Gains

shall lapse and shall become a portion of the remainder of the (rust estate.

(c) If the remaining trust properly is not completely disposed of by the pigceding
provisions, the undisposed-of portion shall he distributed outright to the heirs of the déceased
settlor.

Neclaration of The Rosia L. Hart Revocable Trust 7

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“aARTICLE SIX

TRUSTEE :

6.1, Settlor’s Power to Designate Successor Trustecs. At any time, the setllor may designate
any suitable person or entity fo act as a successor trustee or cotrustee if the trustee or any
cotrustce dics, becomes incapacitated, or is otherwise unable or unwilling to continue to act as
trustee or cotrustce. Any designation under this section shall be made by a signed writitig
delivered to the person or entity designated as successor trustee or cotrustee. If more than one .

designation is made under this section, only the most recent designation shall be valid,

6.2. Successor Trustees. If the office of trustce becomes vacant by reasdtt of death, 5
: + forges

incapacity, or any other reason, and no successor (rustec or colrustees have been desigitated undet %

any other provision of this trust instrument, the following, in tlie order of priority ittdicated, shall 4

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be trustee: 4
Kirst, Gregory K. Wiggins.

Second, Henry Gains.

If all those named above are unwilling or unable to serve as successot trustee, a new trustee of 3

cotrustees shall be appointed by majority vote of the adult beneficiaries of the trust who are then a

entitled to receive income under the trust, or who would be entitled fo receive a distribution of :

principal from the trust if the trust were then terminating, and who then have the legal capacity to .

give such a vote. If a majority of the beneficiaries are unable fo agree on a new trustee or °

cotrustces, a new trustee or cotrusice may be appointed by the court. .

63. Definition of ‘Trustee. Reference in this instrument to "the trustee" shall be deemed a “

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reference to whoever is serving as trusice or cotrustecs, and shall include alternate or sticcessor trustees “3

or cotrustees, unless the context reqtires otherwise.Cc Cc

6.4. Removal and Replacement of Trustee. The setttor shall have the power, at any time and for
any reason, with or wilhout cause, (0 remove any trusice acting under this instrument, and ,
notwithstanding any other provision of this instriment, designate another trustee to replace the removed
trustee. Removal shall be effected by giving a written notice of removal to the trustee to be removed
and to the designated successor. The removal shall become effective on the delivery to the settlor of a
written acceptance of the trust by the successor trustee, and the settfor shall promptly notify the trustee

being removed of the reecipt of thal acceptance.

6.5. Waiver of Bond. No bond or undertaking shall be required of any individual who serves as

atrustce under this instrument.

6.6. Procedure for Resignation. Any trustec may resign at any time, without giving a reason for
the resignation, by giving written notice, af least GO DAYS before the time the resignation is to take
effect, to the settlor, if living, to any other trustee then acting, to any persons authorized to designate a
successor trustee, to all trust beneficiaries known to the trustee (or, in the case of a minor beneficiary, to
the parent or guardian of that beneficiary) and to the successor trustee. A resignation shall be effective
on written acceptance of the trust by the successor trustce.

6.7. General Powers of Trustce. ‘To carry oul the purposes of the trust created under this
instrument, and subject to any limitations stated elsewhere in this instrument, the trustee shall have all
of the following powers, in addition to all of the powers now or hereafter conferred on trustees by law:

(a) With or without court authorization, sell (for cash or on deferred payments, and with
or without securily), convey, exchange, partition, and divide trust property; grant options
for the sale or exchange of trust property for any purpose, whether the contract is to be
performed or the option is to be exercised within or beyond the term of the trust; and
lease trust property for any purpose, for terms within or extending beyond the expiration
of the trust, regardless of whether the leased property is commercial or residdntial and

regardless of the number of units teased,
Declaration of The Rosia L. fart Revocable Trust 9(b) Engage in any trahsactions with the personal representative of the estate of the
seltlor that are in the best interest of any trusts created in this instrument.

(c) Manage, control, improve, and maintain all real and personal trust properly.

(dl) Subdivide or develop fand; make or obtain the vacation of plats and adjust
boundaries, or adjust differences in valuation on exchange or partilion by giving or
receiving consideration; and dedicale land or easements to public use with or without
consideration.

(c) Make ordinary or extraordinary repairs or alterations in buildings or other trust
property, demotish any improvements, raze existing parly walls or buildings, and
erect new party walls or buildings, as the trustee deems advisable.

() Employ and discharge agents and employees, including but not limited to
atlomeys, accountants, investment and other advisers, custodians of assets, property
managers, real estate agents and brokers, and appraisers, to advise and assist the
trustee in the management of any trusts created under this trust Instrument, and
compensate them from the trust property.

(yz) With respect to securities held in trust, exercise all the tights, powers, and
priviteges of an owner, including, but not limited to, the power to vote, give proxies,
and pay assessments and olher sums deemed by the trustee necessary for the
protection of the trust property; participate in voting trusts, pooling agtéements,
foreclosures, reorganizations, consvtidations, mergers, and Jiquidations, atid, in
connection therewith, deposit securities with and transfer title to any protective or
other committce under such terms as the trustee deems advisable; exercise or sell
stock subscription or conversion rights; and accept and retain as investments of the
trust any securities or other property received through the exercise of any vf the

foregoing powers.
Declaration of The Rosia L. Hart Revocable Trust 10

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(h) Hold securities or other trist properly in the trustee’s own name or in the name of
anomince, with or without disclosure of the trust, or in unregistered form, so that title
may pass by delivery.

(i) Deposit securities in a securities depository that is either licensed or exempt from
licensing.

Qj) Borrow mency for any trust purpose from any person or entity, incliding one
acting as (iustee hereunder, on such terms and conditions es the trustee deems
advisable, and obligate the trust for repayment; encumber any trust property by
mortgage, deed of trust, pledge, or otherwise, whether for terms within or extending
beyond the term of the trust, as the trustee deems advisable, to secure repayment of
any such loan; replace, renew, and extend any such loan or encumbrance; and pay
loans or other obligations of the trust deemed advisable by the trustee.

(k) Procure and carry, at the expense of the trust, insurance in such forms and in such
amounts as the trustee deems advisable to protect the trust property against damage or
loss, and to protect the trustee against liability with respect to third persons.

(I) Enforce any obligation owing to the trust, including any obtigation secured by a

diced of trust, mortgage, or pledge held as trust property, and purchase any properly

subject to a security instrument held as trust property al any sale under the instrument.

(m) Extend the time for payment of any note or other obligation held as an asset of,

and owing to, the trust, including accrued or future interest, and extend the time for

repayment beyond the tern of the Hust.

(n) Pay or contest any claim against the trust; release or prosecute any claim in favor
of the trust; or, in lic of payment, contest, release, or prosecution, adjust,
compromise, of settle any such claim, in whole or in part, and with or Without

consideration.
Declaration of The Rosia L. Hart Revocable Trust 11(o) At trust expense, prosecute ‘or defend actions, claims, or proceedings of whatever
kind for the protection of the trust property and of the trustee in the performance of

* the trustee's duties, and employ and compensate attomeys, advisers, and other agents

as the trustee dcems advisable.

68. Power to Retain Trust Property. ‘The trusice shall have the power to retain property

received into the trust at its inception or later added to the trust, as ong as the trustee considers °

that eetention in the best interests of the trust or in furtherance of the goals of the settlor in

_creating the trust, as determined from this trust instrument, but subject to the standards of the

prudent investor rule as sct forth in the Califomia Uniform Prudent Investor Act, as amended
from time to time.

6.9. Trustee's Power to Invest Property. Subject to the standards of the prudent investor tule
as stated in the California Uniform Prudent Investor Act, as amended front time to time, the
{rustee shall have the power to invest and manage the trust assets as a prudent inveslor would, by
considering the purposes, terms, distribution requirements, and other circumstances of the trust.

6.10. Power Over Unproductive Properly. The trustee shall have the power to retain or
acquire unproductive or underproductive properly.

6.11. Power to Operate Business. The trustee shall have the power to hold and operate any
business or enterprise that is or becomes trust properly, on such terms and for such a time as the
trustee, in the trustce's discretion, deems advisable; to purchase, acquire, invest in, of otherwise
participate in, any business or other enterprise on behalf of the trust; or to sell, dissolve, liquidate,
or terminate any such business. The trustce shall also have the power to incorporate, reotgatiize,
or otherwise change the form of a business or enterprise that is part of the (rust, thtough merger
or consolidation of two or more enterprises or otherwise, and to participate in that business or
enterprise as a sole proprictor, as a general or limited partner, as a shareholder, or in anyother

capacity. Any operation, sale, purchase, acquisition, investment in, or dissolution ot liquidation
Declaration of The Rosia L. Hart Revocable Trust 12

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4of a business interest, in good faith, shalt'be at the risk of the trust, and without liability on the
part of the (rustee for any resulting losses. The trustce shall also have the power to contribute
capital or loan money to the business or enterprise on such terms and conditions as the trustee

deems advisable.

6.12. Power to Operate Farm or Ranch. The trustee shail have the power to continue to hold,

operate, sell, purchase, acquire, invest in, or liquidate any farming or ranch property, or any

interest in farming ot ranching property, whether organized as a sole proprietorship, general or

, limited partnership, corporation, or otherwise, on such terms and for such time as the trustee, in

the trustee's discretion, deems advisable. Any stich operation, sale, purchase, acquisition,
investinent, or liquidation, in good faith, shall be at the risk of the trust and without liability on
the part of the trustee for any resulling losses. The trustee shall have all powers necessaty or
appropriate to carry out the management of such farming and ranching property. The trustee
shall atso have the power to incorporate any farming or ranching property, or any interest therein,
and fo hold the stock asa (rust asset; to borrow moncy for any purpose related to the operation, or
the acquisition or disposition, of any stich farming or ranching interesis; and to employ agents in
the management and operation of that property. The net profits and losses from the farming and
ranching operations conducted by the trust shall be computed in accordance with recognized
methods of accounting for comparable activities. The net profits from these activities shall
become trust income. The net losses from these activities shall not reduce other trust income for
the fiseal or calendar year during which (hey occur, but shall be carried into subsequent fiscal or
calendar years and reduce the net profits of the business for those years,

6.13. Powers Regarding Subchapter $ Stuck. If at any time the trust estate includes shares of
stock in any corporations that have clected to be governed by the provisions of Subchapter S of

Chapter | of Subtitle A of the Internal Revenue Code (IRC Section 1361 et seq., or any silecessor

sections), then notwithstanding any other provision of this instrument, the trustee shall at all
Declaration of The Rosia L. Hart Revocable Trust 13

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times manage those shares, and administer the trust estate, in a manner that will maintaiti the

S corporation status. To satisly this obligation, but without limiting the discretion of the trustee
to fake any action to protect the S corporation status, the trustce shall act as follows:
(a) Allocation or Distribution to Permitted Sharehotders, The trustee shall allocate or
distribute shares of S corporation stock only to those trusts or those beneficiaries that

are permitted to be sharcholders ofan S corporation.

th) Qualified Subchapter S ‘Trust Provisions. If shares of S corporation stock are

allocated to any (rust created under this instrument and that trust does ot otherwise

qualify as a permitted sharcholder under Internal Revenue Code Section 1361(c)(2), “
or any successor section, then notwithstanding any other provision of this instrument,
that (rust (or any portion of that (rust containing S corporation stock) shall be “3 a
administered in such a manner to ensure that the trust is a Qualified Subchapter S :
Trust (QSST) within the meaning of Internal Revenue Code Section 1361(4(), or : 4
any successor section. The S corporation stock in each trust shall be held in separate ‘
share trusts (within the meaning of Internal Revenue Code Section 663(c), or any
successor section) for cach beneficiary; and all other property in each trust shall be 4

held in a separate trust, which shall continue to be administeted in accordance with

the terms of this instrument. With respect to the separate share trusts holding
$ corporation stock, the trustce shall make distributions of income and principal, and
otherwise administer the (rusts, to ensure that those trusts do not become inellgible
shareholders of an S corporation. To the extent that the terms of this instrument are
inconsistent with (hose separate share trusts qualifying as QSSTs, those terms shall be
disregarded.

(c) Other ‘Trustce Administrative Powers. The trustee shall have the power (1) to

enter into agreements with other sharcholders or with the corporation relating to
Declaration of The Rosia L, Hart Revocable Trust 14 .transfers of S corporation stock or the management of the S corporation; and @ to
allocate amounts received, and the tax on undistributed income, between income and
principal. During the administration of a trust holding S corporation stock, the trustee
may allocate tax deductions and credits arising from ownership of S corporation stock
between income and principal. In making those allocations, the trustee shall consider
that the beneficiary is to have the enjoyment of the properly at least equal to that
ordinarily associated with an income interest.

(d) Beneficiary Agreement. The trusice shall not distribute any S cotporatiott stock
to any beneficiary unless, prior to that distribution, the beneficiary entets Into a
written. agreement with the Scorporation stating the following: () that the

beneficiary will consent to any election to quatify the corporation as ah 5 corporatton;

(2) that the beneficiary will not interfere with the 5 corporation thaintaining its

S corporation status; (3) that the beneficiary will not transfer the S cotpotation stock.

to any transferee who does not agree to execute a similar consent; (4) that the
beneficiary will not transfer the stock in a manner that will cause a termination of
S corporation status under the then applicable federal and state tax law and
regulations; and (5) that the beneficiary will join in any attempt.to obtain a Waiver
from the Intemal Revenue Service of a terminating event on the groutids of
inadvertence if $ corporation status is inadvertently terminated and the 8 corporation
or any shareholder desires that $ corporation status should continue.

(c) Certificate to Bear Legend. If the trustee receives any shares of S coipotation
stock whose stock certificates bear a legend stating that the transfer, pledge,
assignment, hypothecation, or ather disposition of the stock is subject to the terns set
forth in the preceding subsection, then the stock certificates shall also bear thalegend

when the trustee distributes those shares of S corporation stock to a beneficlary.
Declaration of The Rosia L. Hatt Revocable Trust 156.14. Power to Combine Trust_Asscts, Each trust created under this instrument shall

constitute a separate (rust and be administered accordingly; however, the assets of afl of the trusts

Jivision into separate trusts until ime of distribution.

6.15. Division or Distribution in Cash or Kind. In order to satisfy a pecuniary gift or to -

distribute or divide trust assets into shares or partial shares, the trustee may distribute o divide

those assets in kind, or divide undivided interests in (hose assets, or sell afl or any part of those

_ assets and distribute or divide the property in cash, in kind, or partly in cash and partly in kind.

Property distributed to satisfy a pecuniary gift under this instrument shall be valued at its fair

market value at the time of distribulion.

6.16. Payments to Legally Incapacitated Persons. If al any time any trust beneficiary is a

minor, or it appears to the trustee that any (rust beneficiary is incapacitated, incompetent, or for

any other reason not able ‘to receive payments or make intelligent or responsible use of the

payments, then the trustee, in lieu of making direct payments to the trust beneficlary, ins take
payments to the beneficiary's conservator or guardian; to the beneficiary's custodian urtder the
Uniform Gifts to Minors Act or Uniform Transfets to Minors Act of any state; to ofte of tore
stlitable persons as the trustee deems proper, such as a relative of or a person residitig with the
beneficiary, to be used for the beneficiary's benefit; to any other person, firm, or agency for
services rendered or to be rendered for the beneficiary's assistance or benefit; or to accounts in
the beneficiary's name with financial instilutions, ‘The receipt of payments by any of the
foregoing shall constitute a sufficient acquittance of the trustee for all purposes.

6.17. Trustee's Liability. No trustee shall be fiable to any interested party for acts or
omissions of that trustee, except those resulling from that trustee's willful misconduct of gross
negligence. ‘This standard shalt also apply regarding a trustee's liability for the acts of o' estons

of any cotrustce, predecessor trustec, or agent employed by the trustee.
Declaration of The Rosia L. Hart Revocable Trust 16C C

6.18. Written Notice to Trusfee. Until the trustee receives wrilten notice of any death or

other event on which the right lo payments from any trust may depend, the trustee shall incur no
liability for disbursements made in good faith to persons whose interests may have been affected
by that event.

6.19, Duty to Account. The trustee shall render accounts at least annually, at the termination

ofa trust, and ona change of trustees, ta the persons and in the manner required by law.

6.20, Cotrustee May Delegate Acts to Other Cotrustee. Any cotrustee may, from time to

_ time, delegate to the other cotrustec routine acts of trust administration and may establish bank or

other accounts for the trust that will honor the signature of one or of either cotrustec.

ARTICLE SEVEN |
CONCLUDING PROVISIONS .

7.1. Sinuultancous Death. If any beneficiary under this instrument and the settlor die under
circumstances in which the order of their deaths cannot he established by clear and convincing
evidence, the setitor shalt be decmed to have survived the beneficiary, and the provisions of this
instrument shall be construcd accordingly.

7.2. Survivorship Requirement. For the purposes of this instrument, a beneficiary shall be
deemed not to have survived the settlor if that beneficiary dies within 30 DAYS after the settlor’s
death.

7.3. No-Contest_Clause. If any beneficiary under this instrument, singularly or in
combination with any other person or persons, directly or indirectly contests this instrument, any
amendment to this instrument, or the will of the setllor in whole or in part, or opposes, objects to,
or seeks to invalidate any of the provisions of this instrument of the will of the settlor, or seeks to

sueceed fo any pat of the estate of the settlor other than in the manner specified\in this

instrument or in the will of the setllor, then the right of that person to take any interest givert to
Declaration of The Rosia L. Hart Revocable Trust 17C C

him or her by this instrument or dny amendment to this instrument shall be void, and any gift or

other interest in the trust property to which the beneficiary would otherwise have been entitled

shall pass as if he or she had predeceased the seltlor without issue.

7A. Definitions of Death Taxes, Debts, and_ Expenses. As used in this instrument, the

following definitions apply:

(a) The term “death taxes" shall mean all inheritance, estate, succession, and other

+ similar faxes that are payable by any person on account of that person's interest In the .

estate of the settlor or by reason of the scttlor's death, including penalties and interest,
but exchiding the following: (i) any addition to the federal estate tax for any “excess
refirement accumulation" under Internal Revenue Code Section 4980A; (ii) any
additional tax that may he assessed under Internal Revente Code Section 2032A; and
(iii) any federal or state tax imposed on any gencralion-skipping transfer, as that term
is defined in the federal tax laws, unless that generation-skipping transfer tax is
payable directly out of the assets of a trust created by this instrument.
(b) The term “debts and expenses" shall inctude the following: (i) all costs, expenses
of litigation, counsel fees, or other charges that the trustee incurs in cotinection with
the determination of the amount of the death taxes, interest, or penalties referred to in
subsection (a) of this section; and (ii) legally enforceable debts, funeral expenses,
expenses of last illness, and administration and properly expenses.

7.5. Definition of Incapacity. For purposes of this instrument, a person shall be deettied

“incapacitated” if and-for so long as a court of competent jurisdiction has made a finding to that

effect, or a guardian or conservator of that person's estate or person duly appointed by a court of

competent jurisdiction is serving, or upon cetlification by two physicians (licensed to practice

under the laws of the state where the person is domicited at the time of the certification) iat the

Declaration of The Rosia L. Hart Revocable Trust 18Cc Cc
person is unable properly to cart for himself or herself or for his or her property, The latter
certification shall be made by each physician in a written declaration under penatty of perjury.
7.6. Definition of Education... As used in this instrument, the term "education" tefets to the

following:

(a) Education al public or private elementary, junior high, middle, or high schools,

including boarding schools; .

(b) Undergraduate, graduate, and postgraduate study in any field, whether or not ofa

professional character, in colleges, universities, or other institutions of higher

fearing;

(c) Specialized formal or informal training in music, the stage, the handicrafts, or the
arts, whether by private instruction or otherwise; and

(dq) Formal or informal vocational or technical training, whether through programs or
institutions devoted solely to vocational or technical training, or otherwise.

7.7. Captions. ‘The captions appearing in this instrument are for convenience of reference
only, and shall be disregarded in determining the meaning and effect of the provisions of this
instrument. |

7.8. Severability Clause, If any provision of this instrument is invalid, that provistott shall be
disregarded, and the remainder of this instrument shall be construed as if the invalid provision
had not been included.

7.9. California Law_to_Apply. All questions concerning the validity, interpretation, and
administration of this instrument, including any trusts created under this instrument, shalt be
governed by the laws of the State of California, regardless of the domicile of any trustee or

beneficiary.

\

Dectaration of The Rosia L. Hart Revocable Trust 19ARTICLE EIGHT
SIGNATURE AND EXECUTION

8.1. Execution. | certify that 1 have read the foregoing declaration of trust and that it
coneetly states the terms and conditions under which the trust estate is to be held, administered,
and distributed. As trustee of the trust created by this declaration of trust, I approve this

declaration of trust in all particulars, and agree to be bound by ils terms and conditfotis. As

scttlor of the (rust created by this declaration of trust, 1 approve this declaration of trust in all.

particutars, and agree to be hound by its terms and conditions.

Zxecuted on A UG UST, ASO, at fle fA OD , California.

SETTLOR-TRUSTEE:

asda. fade

Rosia L. Hart
ACKNOWLEDGMENT
State of California ?
County of Contra Costa }
On A U6O5T F,3004 before me, Myon D Hing __, a notary public in

and for the State of California, personally appeared Rosia L. Hart, personally-tnewnrto tte fae proved to meé off the
hasis of satisfactory evidence) to he the person whose name js subscribed to the within instrument and acknowledged
to me that she executed the same in her authorized capacily, and that by her signature on the instrument, the person,
or the entity upon behalf of which the person acted, executed the instriment.

WITNESS my hand and official seal.

a

Notary Pubtic {SEAL)

Declaration of The Rosia L. Hart Revocable Trust 20

£
‘. SCHEDULE “A”

REAL PROPERTY
1. 3133 CRESTLINE CT., ANTIOCH, CA 94531, A.P.N. 052-352-024-5 .
2. 950 NEWHALL ST., SAN FRANCISCO, CA 92124, A.P.N. S2

3,32 ARGONAUT AVE., SAN FRANCISCO, CA, A.P.N. S3

SAVINGS AND INVESTMENT ACCOUNTS oat
1. UNION BANK, ACCOUNT NO,, 1631013503
2. WASHINGTON MUTUAL BANK, ACCOUNT NO., 4463905776 «

3. U.S. BANK, ACCOUNT NO., 1-543-0074-4807

Raster Meda . es

Rosia L. Hart, Settlor and ‘Trusice

ACKNOWLEDGMENT s
STATE OF CALIFORNIA }SS. :
COUNTY OF CONTRA COSTA}

On A U GUST 2 _, 2004, betore me, Myron D Feing pargonally

appeared Rosia L. Hart, proved to me on ‘the basls of satisfactory evidence to be the person whose name Is
subscribed to the within Instrument and acknowledged to me that she executed the sama In her authotized eapactty,
and that by her signature on the Instrument the person or entity upon behalf of which the person acted, executed the
Instrument.

WITNESS my hand and official seal.

i
1

NOTARY SIGNATURE {NOTARY SEAL]

wens€ c

GENERAL ASSIGNMENT

‘This instrument, by and between Rosia L. Hart (hereinafler called “Settlor”) and Rosia L. Hart, trustee
under The Rosia L. Hart Revocable Trust dated May 19, 2004 (hereinafter called “Trustee”).

FOR VALUE RECEIVED, but without monetary consideration I, as Settlor, assign to the Trustee or Co-
‘Trustecs:

L. All articles of personal and household use and omament, now owned or acquired later, including but
not limited to personal effects, jewelry, art work, club memberships, furniture, furnishings, pictures,
books, and other tangible articles of a personal nature. .

2. All insurance covering those articles.

3. Any interest the Settlor now has in those articles or acquire later. : . z

“This properly shall be held, managed, and distributed according fo the ‘Trust's terms as they exist as of
this date of assignment or as they are amended in the future.

Date signed: A v cus 72-2004 at (\ (CHS 0 44 : , California.

Rasdarb hag

Rosia L. Hart, Settlor

‘The Trustee accepts this assignment and agrees as ahove.

Wprees v bb-Loryf

Rosia L. Hart, ‘Trustee

4
ACKNOWLEDGMENT

State of California } .

County of Contra Costa } : “4

- 4 3

On fv GoS 7 7, LOO before me, pion D re , a notary pubtie In and for the

State of California, personally appeared Rosia L. Hart, persorcatty Rrrown-te-me-fer proved to me-on the basis of satisfactory 4

evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the
same ity her authorized capacity, and that by her signature on the instrument, the person, or the entity upon behalf of which the
person acted, executed the instrument.

WITNESS my hand and offictal seal.
MYRON D. KING
4 Commission # 1392823
sry) Notory Pubic + Cotfomia
a ontra Costa County
My Comm.)
Signature StBILL OF SALE
This instrument, by.and between Rosia L. Hart (hereinafer called “Settlor”) and Rosia L. Hart,
trustee under The Rosia L. Hart Revocable ‘Trust dated May 19, 404 (hereinafter cafled

“Trustce”).

Scitlor assigns and transfers to trustee all right, title, and interest in and to all tangible personal

property. The term “tangible personal property” refers, without limitation, to “sucht items as

furniture, furnishings, silverware, objects of art, china, clothing, jewelry, sportitig equipment,

automobiles, books, collections of tangible personal property and other tangible personal
property normally kept at the Settlor’s residence as well as liability insurance on this tangible
” personal property. The term “tangible personal property” excludes cash, IRA's and othier items of

intangible personal property, even if represented by tangible documentationof ownership.

bbtibe be haat

Rosia L. Hart, Settlor and Trustee

ACKNOWLEDGMENT
State of California }
County of Contra Costa }
On A UGusT 2, ZO0F vefore me, eywon D Foing a notaty public in

and for the State of California, personally appeared Rosia L. Hart, personally knemrte-me-tae proved to tie on the
basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged
to me that she executed the same in her authorized capacity, and that by her signature on the Instrument, thé person,
or the entity upon behalf of which the person acted, executed the instrument. : ‘ :

ak

WITNESS my hand and official seal.

SignatureDECLARATION OF INTENT

The undersigned, Rosia L. Hart, hereby declare that as trustee of The Rosia L. Hatt Revocable
Trust dated May 19, 2004, and pursuant to the provisions of said trust,’ that all items listed on
Schedule “A” attached hereto and incorporated herein as amended from time to time hereby
convey, assign and transfer all my rights, litle and interest to the property listed in the attached
Schedule “A”, as well as houschold furnishings, automobiles, jewelry, bank accounts, securilies,
bonds, clothing and other personal properties of any kind in my name and henceforth such assets
shall and will belong to said Trust and not to me individually, and I further hereby declare that,
except to the extent of intercst provided fo me under the terms and conditions Of said Trust, I
have no personal interest in any of the above itemized personal property, it being intended that
this declaration constitutes an affirmation of Trust ownership which shall be binding on my heirs, -

administrators, executors and assignecs. ~
. ‘ :
BY: Bosse. - bhat TRUSTEH/TRUSTOR *
Rosia L. Hart .

ACKNOWLEDGMENT
State of California }
County of Contra Costa}

On. A VGUSC Z 2 OO F before me, Aipen D Ping ’ personally

appeared Rosia L. Hart, persormity-trresrrte-mefor proved to me on the basis of salisfactory evidence) to be the
person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her
authorized capacity, and that by her signature on the instrument the person or entity upon behalf of which the person
acted, execttted the instrument.

WITNESS My hand and official seal

Notory Public - Calfotnia:

Contra Costa County
in

NotaryExnigit_©LAST WILL OF
ROSIA L. HART 3

1, Rosia L. Hart, a resident of Contra Costa County, California, declare that this is my will, 1

hereby revoke all my previous wills and codicils.

ARTICLE ONE
INTRODUCTORY PROVISIONS

LL. Marital Status. fam not currently married. A

ARTICLE TWO
GIFTOFENTIREESTATE ~ :

2.1. Gif of Entire Estate. I give all of my property to the trustee of The Rosia L. Hart

Revocable Trust, created under the declaration of trust executed by Rosia L. Hart as settlor and trustee.
The trustec of that trust shall add the property disposed of under this will to the trust principal and hold,
administer, and distribute the properly in accordance with the provisions of that declaration of trust,
including any amendments of that declaration of trust that have been made before or aftet execution of

this will.

4
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Will of Rosia L. Hart Page 3ARTICLE THREE
. RESIDUARY PROVISIONS

3.1. Disposition of Residue. If The Rosia L. Hart Revocable Trust has been revoked,
terminated, or declared invalid for any reason, I give the residue of my estate lo the executor of
this will, as trustee, who shall hold, administer, and distribute the properly under a testamentary
trust, the terms of which shat! be identical to the terms of The Rosia L. Hart Revocable Trust

that are in effect on the date