Motion to Appoint Counsel in In the Matter of the Ronald E. Roehrs| Trellis.Law

On February 15, 2023 a Petition-Other Filed By: Attorney LITEROVICH, KIMBERLY ANNE Index #2 was filed involving a dispute between and for Trust in the District Court of Waseca County.

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81-CV-23-104
Filed in District Court
State of Minnesota
2/15/2023 3:17 PM

STATE OF MINNESOTA IN DISTRICT COURT

COUNTY OF WASECA THIRD JUDICIAL DISTRICT
Case Type: Trust

In the Matter of the Ronald E. Roehrs Court File No.
Trust Dated August 9,1999. Judge:

PETITION FOR REMOVAL OF TRUSTEE,APPOINTMENT OF SUCCESSOR
TRUSTEE,ACCOUNTING,AND OTHER RELIEF

Petitioner Michael Roehrs states and alleges as follows:

JURISDICTION AND VENUE

1. This Petition is brought pursuant to Minnesota Statute section 501C.0202 to

remove a trustee as provided in section 501C.0706; to require a trustee to account; to appoint a

successor trustee; to redress a breach of trust; and to construe or interpret the terms of a trust.

2. I am an interested person pursuant to Minnesota Statutes section 501C.0201(b) as

a beneficiary of the Trust.

3. The Court has in rem jurisdiction in this matter.

4. Venue in this county is proper because Trust assets include real estate which is

located in this County.

5. No court proceedings relative to this Trust have been filed in any other county in

Minnesota.

6. The Petitioner is not seeking court supervision ofthe Trust by this Petition.

GENERAL ALLEGATIONS

7. On August 9, 1999, Ronald E. Roehrs, as Grantor, created the Ronald E. Roehrs

Trust Declaration dated August 9, 1999,(the “Declaration”) naming himself as its initial Trustee.

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Shortly thereafter, on September 13, 1999, Ronald E. Roehrs, as Grantor, executed the First

Amendment to Ronald E. Roehrs Trust Dated August 9, 1999, dated September 13, 1999 (the

Amendment”). Copies of the Declaration and the Amendment (collectively, the “Trust”) are

attached hereto as Exhibit A.

8. The original Declaration established, upon the death of Ronald E. Roehrs, a life

estate in favor of Marvel B. Roehrs in the farm lands owned by the Trust, with the remainder

interest in favor of Ronald E. Roehrs’ children.

9. The Amendment executed shortly after the Declaration revoked the life estate in

favor of Marvel B. Roehrs and instead required the land to continue to be held in Trust on the

following terms:

1) If my wife. Marvel B. Roehrs, shall survive me, she shall have the
right to occupy our residence at 13903 275th Ave., New Richland,
Minnesota for so long as she wishes to occupy it as her principal residence.
This shall include the house and acreage occupied as the building site. The
trust famr land rent shall be made available to her during such period to pay
real estate taxes, insurance, maintenance and necessary improvement costs.

2) Upon the death of Marvel B. Roehrs or at such time as she elects to
no longer reside in said residence, the Trustee shall distribute said building
site and trust fami land to the six children of Ronald E. Roehrs as named in
this trust.

10. The Amendment made no other changes to the Trust and did not incorporate any

terms that would favor any one of the children beneficiaries over another.

11. Ronald E. Roehrs died on December 19, 2000, at which point the trust became

irrevocable.

12. Marvel B. Roehrs is the surviving spouse of Ronald E. Roehrs and is the current

Trustee of the Trust, being named as successor Trustee in Section VII.B of the Trust, to act as

Trustee upon the death of Ronald E. Roehrs.

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13. Marvel B. Roehrs’ appointment as Trustee has not been confirmed by the Court.

14. Upon information and belief, Marvel B. Roehrs has not executed any

documentation formally accepting the trusteeship, but she has assumed the role of Trustee since

the death of Ronald E. Roehrs.

15. The qualified beneficiaries of the Trust are the surviving spouse of Ronald E.

Roehrs: Marvel B. Roehrs; and the children of Ronald E. Roehrs: Janet Tharp, Rhonda Conrath,

Michael Roehrs, Daniel Roehrs, Sandra Walstrom, and Steven Roehrs. The children of Ronald E.

Roehrs are not the children of Marvel B. Roehrs.

COUNT I—REMOVAL OF TRUSTEE

16. Under Minnesota Statute section 501C.0706, the court may remove a Trustee if the

Trustee has committed a serious breach of trust or if the court determines that removal of the

Trustee best serves the interests of the beneficiaries because of unfitness, unwillingness, or

persistent failure of the Trustee to administer the Trust effectively.

17. Upon information and belief, Marvel B. Roehrs lacks the ability to understand to

a reasonable extent the nature and effect of what she is doing.

18. Upon information and belief, Marvel B. Roehrs is susceptible to suggestion to the

extent that the influence of third parties may overcome her own intent.

19. Upon information and belief. Marvel B. Roehrs does not clearly understand the

rights and duties of the role of Trustee nor the financial transactions associated with

administration of the Trust.

20. Upon information and belief. Marvel B. Roehrs is incapable of managing her

personal financial affairs and is accordingly incapable of managing the financial affairs of the

Trust.

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21. The personal finances of Marvel B. Roehrs are being managed by Sandra

Walstrom and Ervin Abraham as attorneys-in-fact pursuant to that certain Power of Attorney

dated March 5, 2021, a copy of which is attached hereto as Exhibit B.

22. On or around December 9, 2022, Marvel B. Roehrs’ attorney-in-fact and son.

Ervin Abraham, indicated to the Waseca County Sheriffs Office that Marvel B. Roehrs has

memory issues, as documented by the Incident Report dated January 6, 2023, attached hereto as

Exhibit C.

23. Upon information and belief. Marvel B. Roehrs has persistently failed to

administer the Trust according to its terms.

24. The Petitioner desires that the Court remove the Trustee because the Trustee is

unfit, or there is an unwillingness or persistent failure of the Trustee to administer the Trust

effectively.

25. Alternatively, the Petitioner desires that the Court remove the Trustee because the

Trustee has committed a serious breach of Trust by failing to provide annual accounts to the

qualified beneficiaries (see Count III below), by failing to maximize the assets of the trust (see

Count IV below), and by failing to administer the Trust according to its terms.

26. In the opinion of the Petitioner, it is in the best interest of the Beneficiaries of the

Trust that Marvel B. Roehrs be removed as Trustee of the Trust.

COUNT II—APPOINTMENT OF SUCCESSOR TRUSTEE

27. Under Minnesota Statutes section 501C.0704(c), a person designated in the terms

ofthe Trust to act as successor trustee has the highest priority to be appointed successor trustee.

28. Article VII.B names Steven Roehrs as alternate successor Trustee if Marvel B.

Roehrs is unable or unwilling to serve.

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29. Upon the removal of Marvel B. Roehrs as Trustee, there will be a vacancy in the

trusteeship that must be filled.

30. Petitioner requests an order appointing Steven Roehrs as the successor Trustee of

the Trust and requiring that Marvel B. Roelirs expeditiously deliver the Trust property within her

possession to Steven Roehrs.

COUNT III—ACCOUNTING AND EXPENDITURE OF TRUST ASSETS

31. Mimresota Statutes Section 501C.0813 requires the Trustee to keep the qualified

beneficiaries reasonably informed about the administration and of the material facts necessary to

protect their interests. Section 501C.0813 further requires the Trustee to promptly respond to a

beneficiary’s request for information related to the administration of the trust.

32. Marvel B. Roehrs has failed to keep all qualified beneficiaries reasonably

informed about the administration of the Trust.

33. Section VILE of the Trust requires the Trustee to provide an annual accounting to

the beneficiaries of the Trust.

34. Marvel B. Roehrs has failed to provide to the qualified beneficiaries any

accounting for the entire period from December 19, 2000, to February 9, 2023.

35. On December 20, 2022, the Petitioner, through counsel, requested in writing that

Marvel B. Roehrs provide information related to the administration of the trust.

36. On February 9, 2022, Marvel B. Roehrs provided an accounting (the “Preliminary

Accounting”) for the years 2017-2022 in response to Petitioner’s request, a copy of which is

attached hereto as Exhibit D, but has not produced any supporting documentation or a finalized

accounting.

37. Except for the Preliminary Accounting, Marvel B. Roehrs has not provided to the

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beneficiaries any accounting for the entire period from December 19, 2000, to present.

38. Marvel B. Roehrs has not provided a finalized account for that period, any

supporting documentation for the account, or an accounting of any period of time prior to 2017.

39. Section V.A.l of the Trust, as amended, allows for the trust to pay only for “real

estate taxes, insurance, maintenance and necessary improvement costs” for the land.

40. The Preliminary Accounting includes expenditures that are not for real estate taxes.

insurance, maintenance and necessary improvement costs.

41. On information and belief, for periods prior to 2017, Marvel B. Roehrs made

similar improper expenditures of trust assets.

42. Petitioner requests that the Court enter an order requiring the Successor Trustee to

conduct a detailed audit of the trust records of Marvel B. Roehrs, including but not limited to.

trust bank accounts, and trust tax filings, and to report Successor Trustee’s findings to the

qualified beneficiaries and the Court.

COUNT IV—INVESTMENT OF TRUST ASSETS AND INJUNCTIVE RELIEF

43. Section VI.C of the Trust requires the Trustee to exercise the judgment and care.

under the circumstances then prevailing, that persons of prudence, discretion and intelligence

exercise in the management of their own affairs.

44. Minnesota Statutes section 501C.0901 requires the Trustee to invest and manage

trust assets as a prudent investor would, by considering the purposes, terms, distribution

requirements, and other circumstances of the trust. Section 501C.0901 further provides that in

satisfying this standard, the Trustee shall exercise reasonable care, skill, and caution.

45. During the entire period of the Trust, the major asset of the Trust was 120 acres of

real property located in Waseca County, Minnesota, described as follows:

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The East Half (El/2) of the Northeast Quarter (NEl/4) of Section Twenty-nine
(29), Township One Hundred Six (106) North, Range Twenty-two (22) West,
Waseca County, Minnesota(PID 08.029.0300—80 acres)

AND

The Northwest Quarter (NWl/4) of the Northwest Quarter (NWl/4), Section
Twenty-eight (28), Township One Hundred Six (106) North, Range Twenty-two
(22) West(PID 08.028.1500—40 acres)

(the “Farmland”).

46. On information and belief, from December 19, 2000, to present, the Trustee has

rented the Farmland to Garry Walstrom and Sandra Walstrom for $11,880.00 per year and has

collected no other revenue from the Farmland.

47. Sandra Walstrom is a qualified beneficiary of the Trust, and no provision of the

Trust instrument entitles her to rent the Farmland at below market rate.

48. From 2007 to 2011, the average rental rate for Waseca County, Minnesota, has

been at least $126/acre per year, as evidenced by the Cropland Rental Rates for Miimesota

Counties publication prepared by the University of Minnesota Extension attached as Exhibit E.

49. From 2013 to present, the average rental rate for Waseca County, Minnesota, has

been at least $208/acre per year, as evidenced by the Cropland Rental Rates Spreadsheet

prepared by the University of Minnesota Extension attached as Exhibit F.

50. Upon information and belief, the fair rental rate of the Farmland exceeded

$11,880.00 per year from 2007 to present.

51. By renting the Farmland well below market rate to Garry Walstrom and Sandra

Walstrom, Marvel B. Roehrs has persistently failed to act as a prudent investor, failed to

maximize the assets of the Trust, and improperly benefitted one beneficiary over all others.

52. Petitioner requests that the Court enter an order immediately enjoining Marvel B.

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Roehrs from renting the Farmland for crop year 2023-24 or future crop years except (i) at fair

market value as determined by open bids; or (ii) through a contract with a professional farm

management company familiar with the Waseca County market; or (iii) an amount approved by

the written consent of all qualified beneficiaries, or (iv) upon an order from this Court, pending

resolution of this Petition.

COUNT V—INTERPRETATION OF TRUST LANGUAGE

53. Section IV of the Trust provides in part:

During the Grantor’s life, the Trustee shall distribute all of the net income
of this Trust to or for the benefit of the Grantor, or as the Grantor may
designate. . . . Any excess income shall be added to the principal at the
discretion of the Trustee.

54. Section V.A.l of the Trust, as amended, provides:

If my wife. Marvel B. Roehrs, shall survive me, she shall have the right to
occupy our residence at 13903 275th Ave., New Richland, Minnesota for
so long as she wishes to occupy it as her principal residence. This shall
include the house and acreage occupied as the building site. The trust farm
land rent shall be made available to her during such period to pay real
estate taxes, insurance, maintenance and necessary improvement costs.

55. Petitioner requests the Court to construe or interpret the language of the Trust

because the language is ambiguous. Petitioner believes that Section V.A.l of the Trust should be

construed or interpreted so as to require that any excess income, after payment of any real estate

taxes, insurance, maintenance and necessary improvement costs, shall be added to the principal

of the Trust and not distributed to Marvel B. Roehrs or any other beneficiary for any other

purpose.

WHEREFORE,the Petitioner requests the Court enter an Order:

1. Immediately enjoining Marvel B. Roehrs from renting the Farmland for crop year

2023-24 or future crop years except (i) at fair market value as determined by open bids; or (ii)

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through a contract with a professional farm management company familiar with the Waseca

County market; or (iii) an amount approved by the written consent of all qualified beneficiaries,

or (iv) upon an order from this Court, pending resolution of this Petition;

2,
Removing Marvel B. Roehrs as Trustee;

3. Appointing Steven Roehrs as Successor Trustee of the Trust and requiring that

Marvel B. Roehrs expeditiously deliver the Trust property within her possession to Steven

Roehrs;

4. Ordering the Successor Trustee to conduct a detailed audit of the trust records of

Mar\el B. Roehrs. including but not limited to, trust bank accounts and trust tax filings, records

and to report Successor Trustee’s findings to the qualified beneficiaries and the Court;

5.
Interpreting Section V.A.l of the Trust to require that any excess income, after

payment of any real estate taxes, insurance, maintenance and necessary' improvement costs, shall

be added to the principal ofthe Trust;

6.
Awarding attorney fees and costs to Petitioner pursuant to Minnesota Statutes

section 501C.1004; and

7.
Granting such other relief as may be proper.

L'nder penalties for perjury, 1 declare or affirm that I have read this document and I know

or believe its representations are true and complete.

Date;

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ACKNOWLEDGEMENT REQUIRED BY
MINN. STAT.§ 549.211

I, the attorney for the Petitioner, acknowledge that pursuant to Minnesota Statutes section

549.211 costs, disbursements, and reasonable attorney and witness fees may be awarded to the

opposing party or parties in this matter if the Court should find that the attorney for the Petitioner

acted in bad faith, asserted a claim or defense that is frivolous and that is costly to the other

party, asserted an unfounded position solely to delay the ordinary course of the proceedings or to

harass; or committed a fraud upon the Court.

Kanfiberly A. Literovich, #0347632
Jared M. Koch,#0400147
Blethen Berens
Attorneys for Petitioner
100 Warren Street, Suite 400
Mankato, MN 56001
(507) 345-1166
kliterovich@,blethenberens.com
ikoch@,blethenberens.com

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FIRST AMEIVDMENT
TO
RONALD E.ROEHRS TRUST
DATED AUGUST 9,1999
Page two(2)Paragraphs V. A. 1) and 2)ofsaid trust are amended to read;
1)If my wife, Marvel B. Roehrs, shall survive me, she shall have the
right to occupy our residence at 13903 215^ Ave., New Richland,
Minnesota for so long as she wishes to occupy it as her principal'
residence. This shall include the house and acreage occupied as
the building site. The trust farm land rent shall be made available to
her during such period to pay real estate taxes, insurance, mamtenance
and necessary improvement costs.

2)Upon the death of Marvel B. Roehrs or at such time as she elects to no
longer reside in said residence, the Trustee shall distribute said building site
and trust farm land to the six children ofRonald E. Roehrs as named in this
trust.

All other provisions ofthe Trust as executed on August 9, 1999, to which this
First Amentoent shall be attached and made part thereof shall remain L stated and in full
force and eflfect.

Dated: 1999

by 6^"^^ ^
Ronald E. Roehrs

State of Minnesota )
County of Waseca )
The pr^mg Trust Amendment was subscribed, sworn to and acknowledged before
me by Ronald E. Roehrs. as Grantor, this /^/< .day of 1999. as the
voluntary act ofsuch person. // . ~/~

ROLF E. IVER5EN
NOTARY PUBLIC - MINNESOTA
My Commlcsion Expires 1/31/2000

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RONALD E. ROEHRS TRUST
DECLARATION
This Declaration establishes the RONALD E. ROEHRS
TRUST, a revocable
tmst, by RONALD E. ROEHRS as Grantor and Trustee this 9th "8""
1999. Day of

I. PURPOSE. The
purpose of this Declaration is to establish a Trust to receive
and manage assets for the beneﬁt of the Grantor
dun'ng the Grantor's lifetime, and to
further manage and disuibute the assets of the Trust
upon the death of the Grantor.

II. FUNDING OF TRUST. This Trust shall be funded with assets transf
erred to
this Trust by the Grantor at the time of
creating this Trust, or at any later ﬁme. This Trust
may also receive property ﬁom any person or entity who is
acting under the authority
granted to that person or entity by the Grantor. It is also
expected that this Trust may
receive assets pursuant to the terms of the Grantor's Last Will
and Testament.

III. MANAGEMENT OF TRUST ASSETS. The Truste
e shall manage and
distribute the trust assets for the beneﬁt of the
in
Beneﬁciary accordance with the terms
of this Trust Declaraﬁon.

IV. DISTRIBUTIONS DURING THE GRANTOR'S LIFE
. During the
Grantor's life, the Trustee shall distribute all of the net
income of this Trust to or for the
beneﬁt of the Grantor, or as the Grantor Such distributions
may design
ate. shall be made
at least quarterly. The Grantor
may change the amount of distribution at any time by
providing notice to the Trustee. Any excess income shall be added to the
discretion of the Trustee. principal at the

A. Payments During a "Disability" of the Grantor.
During any period that the
Grantor has a "disability", the Trustee
may pay to or for the beneﬁt of the
Grantor such amounts of income and
principal as the Trustee believes in the
Trustee's sole discretion to be requir for
ed (i) the Grantor's support, comfort
and welfare, (ii) the Grantor's accustomed manner of
living, or (iii) any
purpose that the Trustee believes to be in the best interest of the Grantor.

B. Disability Deﬁned. For the
purposes of this Trust, "disability" shall mean a
legal disability or the inability to provide prompt and intelli
gent consideration
to ﬁnancial matters by reason of illness or mental or
physical disability. The
determination of whether the Grantor has a
disability shall be made by the
Grantor's most recent attending physi
cian. The Trustee shall be entitled to rely
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on written notice of that determination.

V. DEATH 0F THE GRANTOR. Upon the death of the Grantor, the
following disuibuﬁons shall be made:

A. The Trustee (successor Trustee) shall
pay the expenses of my last illness and
funeral, valid debts and expenses of admin
istering my estate, including non- my
probate assets; provided that no such debts and expen
ses shall be paid ﬁom the
proceeds of any insurance, retirement plan or other asset which but for this
paragraph, would be exempt ﬁom liability for such debts and
expenses; and any
estate taxes imposed upon my estate to the extent
except paid ﬁ'om other sources.

The trustees shall make the follow
ing special disuibutions:
l) lfmy wife, Marve l B. Roehrs, shall survive me, she shall
have the right to occupy our residence at 13903 275'"
Ave.,
New Richland, Minnesota for so long as she wishes to
occupy it
as her principal residence. This shall include the house
and
acreage occupied as the building site.

2) Ifmy wife, Marvel B. Roehrs, shall survive me, she shall
have a Life Estate in the farmlands owned
by the trust. My
six children: Janet Tharp, Rhonda Conrath, Michael
Roehrs,
Daniel Roehrs, Sandra Walstrom and Steven Roehrs shall be the
Remaindermen in equal share.
'

If
3) my wife, Marvel B. Roehr, shall survive me, she shall
be distributed ﬁom the Trust all
personal property, household
goods, vehicles, equipment and personal eﬂ'ects formerly owned
by me and which I hereby declare to be assets of the Trust.

B. The residue of trust assets, including all
property that becomes distributable
to the nustees at my death, not effect
ively distributed under the preceding
provisions of this agreement shall be allocated and distributed as follows:

l) To my wife, Marvel B. Roehrs, if she shall survive me.
2) To my children, above named, if my wife shall not survive me.

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If any of the above named children do not survive to receive their
disuibution, their share shall be distributed in equal shares to the children of
such deceased beneﬁciary then living
, by right of representation. If a named
child dies without leaving children who surviv said share shall be
e,
distributed in equal shares to the remai
ning named residuary beneﬁciaries if
any, or to their respective children by right of representation.

The share of any beneﬁciary under the
age of 25 shall remain supervised
by the Trust as follow s:

Said trust to be held and invested
by the tustee and payments made ﬁom
the interest and principal thereof at the discretion of
my trustee for the
support, maintenance, health care and education of ﬂie
beneﬁciary.
Each trust shall terminate on the occurrence of the earlies
t of the
following events:

1) The beneﬁciary reaching the age of 25 years; or

2) The death of the beneﬁciary; or

3) Complete distribution of the trust assets.

If no such trust beneﬁciary survives to receive the Trust
distribution, the
residuary assets shall be distributed to the heirs-atlaw of the Grantor
as
determined under the laws of the State of Minne
sota.

V1. TRUSTEE POWERS. The Trustee, in addition to other power and
s
authority granted by law or necessary or appropriate for
property administration of the
Trust, shall have the following rights, powers, and
authority without order of court and
without notice to anyone.

A. Receive Assets. To receive, hold, maint
ain, administer, collect, invest and
reinvest the trust assets, and collect and
apply the income, proﬁts, and
principal of the Trust in accordance with the terms of this instrument.

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B. Receive Additional Assets. To receive additional
assets ﬁom other sources,
including assets received by bequest.

C. Standard of Care. To acquire, invest
, reinvest, exchange, retain, sell, and
manage estate and trust assets, exercising the judgnent and care, under the
circumstances then prevailing, that
persons of prudence, discretion and
intelligence exercise in the management of their own aﬂ'ajrs, not in
regard to
speculation but in regard to the permanent disposition of their
funds,
considering the probable income as well as the probable safety of their
capital. Within the limitations of that standard, the Trustee is authorized to
acquire and retain every kind of property, real, personal or mixed, and
every
kind of invesnnent, speciﬁcally includ
ing, but not by a way of limitation,
bonds, debentures and other corporate obligations, and stocks
, preferred or
common, that persons of prudence, discretion and
intelligence acquire or
retain for their own account, even
though not otherwise a legal investment for
trust funds under the laws and statutes of the United States or
the state under
which this instrument is administered.

D. Retain Assets. To retain any asset,
including tin-invested cash or original
investments, regardless of whether it is of the kind authorized
by this
instrument for investment and whether it leaves a
disproportionately large
part of the estate or trust invested in one type of property, for as long as the
Trustee deems advisable.

E. Dispose of or Encumber Assets. To sell, option
, mortgage, pledge, lease or
convey real or personal property, publicly or privately, upon such terms and
conditions as may appear to be pr0per, and to execute all instruments
necessary to eﬁ'ect such authority.

F. Settle Claims. To compromise, settle, or abandon claims in favor of or
against the Trust.

G. Manage Property. To manage real estate and
personal property, borrow
money, exercise options, buy insurance, and register securities as
may appear
to be proper.

H. Allocate Between Principal and Income. To make allocations of
charges and
credits as between principal and income as in the sole discretion
of the
Trustee may appear to be proper.

l. Employ Professional Assistance. To
employ and compensate counsel and

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other persons deemed necessary for
proper administration and to delegate
authority when such delegation is advantageous to the u'ust.

J. Distribute Property. To make division or distribution in
money or kind, or
partly in either, at values to be determined by the Trustee, and the Trustee's
judgment shall be binding upon all interested parties.

K. Enter Contracts. To bind the Trust by contracts or
agreements without
assuming individual liability for such contracts.

L. Exercise Stock Ownership Rights. To vote, execute
proxies to vote, join in
or oppose any plans for reorganizatio and exercise
n, any other rights
incidental to the ownership of any stocks, bonds or other
properties of the
Trust.

M. Duration of Powers. To continue to exercise the
powers provided in this
Agreement aﬁer the termination of the Trust until all the assets of the Trust
have been distributed.

N. Hold Trust Assets as a Single Fund. To hold the assets
of the Trust, shares,
or portions of the Trust created by this instrument as a
single ﬁmd for joint
invesnnent and management, without the need for
physical segregation,
dividing the income proportionately among them. Segreg
ation of the various
trust shares need only be made on the books of the Truste
e for accounting
purposes.

O. Compensation. To receive reasonable
compensation for the Trustee's services
under this Agreement and be exonerated ﬁom and to
pay all reasonable
expenses and charges of the trust.

P. Loans to Beneﬁciaries are not authorized.

Q. Methods of Distribution. To make payments to or for the beneﬁt of
any
beneﬁciary (speciﬁcally including any beneﬁciary under any
legal disability)
in any of the following ways: (a)
directly to the beneﬁciary; (b) directly for
the maintenance, welfare and education of the
beneﬁciary; (c) to the legal or
natural guardian of the beneﬁciary; or
(d) to anyone who at the time shall
have custody and care of the
person of the beneﬁciary. The Trustee shall not
be obliged to see the applic
ation of the funds so paid, but the receipt of the
person to whom the funds were paid shall be full
acquittance of the Trustee.

R Continue Operation of Business. To
cany on any business owned by the

ﬂag ﬂ/H 5'."
81-CV-23-104
Filed in District Court
State of Minnesota
2/15/2023 3:17 PM

Trust or in which the Tmst may have an interest for such
period of ﬁme as the
Trustee deems advisable, or to sell or
liquidate such business interest.

VII. ADDITIONAL TRUSTEE PROVISIONS. These additional
shall apply regarding the Trustee. provisions

A Grantor as Trustee. If at any time the Grantor is the
Trustee, the Grantor may
appoint a successor Trustee by making such designation in wrin'n
g. Such
designee shall become the successor Trustee upon accept of the terms
ance
and conditions of this Agreem
ent.

B. Death or Disability of the Grantor as Trustee. If at
any time the Grantor has
a disability (as previously deﬁned), or the death of the Grantor, Marvel
upon
B. Roehrs, is designated as the successor Trustee. Such
designee shall
become the successor Trustee upon
acceptance of the terms and conditions of
this Trust. Ifthe successor Trustee is unable or
unwilling to serve, Steven
Roehrs is designated as alternate successor Trustee.

C. Resignation of Trustee. The Trustee, or any successor
may resign at any time
by giving 10 days written notice to the Grantor. If the Grantor is deceased,
such notice shall be given to all adult benefi
cian'es, and to a parent or
guardian, if any, of each minor beneﬁciary.

D. Successor Trustee. The beneﬁciaries to whom such notice of
resignation is
given shall designate a successor Trustee by written notice to the resigning
Trustee within 20 days aﬁer receip of the notice of
t resignation. If a
successor Trustee is not so designated, the
resigiing Trustee shall have the
right to secure the appointment of a successor Trustee by a court of
competent jurisdiction, at the expense of the tmst. If a successor Trustee is
appointed, such Trustee shall be bound by,

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