Preview
PAUL B. GRUWELL (SBN 252474)
RICHARD T. FRANCESCHINI (136007)
RAGGHIANTI FREITAS LLP
1101 Fifth Avenue, Suite 100
ELECTRONICALLY
San Rafael, California 94901
Telephone: (415) 453-9433 FILED
Facsimile: (415) 453-8269 Superior Court of California,
County of San Francisco
Email: pgruwell@ rflawllp.com
Email: rfran@ rflawllp.com 01/19/2024
Clerk of the Court
BY: MICHAEL RAYRAY
Attorneys for CARON SCHMIERER, Deputy Clerk
as Administrator with Will Annexed of the
Estate of Raymond W. Ross and
Temporary Trustee of the Raymond W.
Ross Living Trust
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 IN AND FOR THE COUNTY OF SAN FRANCISCO
11
In the Estate of: CASE NO.: PES-23-306743
12
13 RAYMOND W. ROSS, REQUEST FORJ UDICIAL NOTICE IN
SUPPORT OF CARON SCHMIERER’S
14 Decedent. PETITION FOR INSTRUCTIONS TO
DISMISS PORTIONS OF PENDING,
15 ESTATE-RELATED LITIGATION
16
PART 40F 11
17 EXHIBIT 7 (2)
18 DATE:
TIME:
19 DEPT.: Probate
20
21
22
23
24
25
26
27
28
REQUEST FOR J UDICIAL NOTICE IN SUPPORT OF PETITION FOR INSTRUCTIONS TO DISMISS PORTIONS OF
PENDING, ESTATE-RE LATED LITIGATION
‘57:
———— —————— ee
THAN. J SHANNON
‘TayuonD WwW ROSS 1943
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Amoune, $50,000.00 Sequence Number: 5592207750
Account 261569285. Capture Date 11/12/2019
Bank Number: 1211 35 Check Nu 215
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60--
61
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ABRAHAM MERTE
* 727 WEESTER
:
sca pay i ‘
5) Sentara:
18, 2008
Mr. Raymond “Jeffrey” Ross
*, «Email jshanjross@aclcom
at
Re: Loan for Sondma Property: fo
Dear jeffrey,
‘gor purchase of the property at
140 NorthsideAve, Sonoma; CA 9547
Thank you again for: to us and we'can’ tially
Sexpress how-much we appreciate and done for us-
Bag Col
ES.
Lots of love,
haa
ae et
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a 55,
firs,
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“TOTAL AMENDMENT ‘AND RESTATEMENT
OF THE.
‘RAYMOND W. ROSS’S LIVING TRUST
Tas TRUST AGREEMENT is made on the 5H day of October, 2016,6, by
RAYMOND W.ROSS (also knows as RAYMOND WAYNE ROSS, RAYMOND JEFFRE
Y
ROSS and JEFEREY, r ROSS) of Clark County, Nevada (héreinafter referred to as the “Trastor
or “Grantor® when référence is made ta him
in his capacityas creato
of this
r ‘Trus
and tthe
transferor of the principal propertioy thereof), and RAYMOND W. ROSS of Clark County,
Nevada (heteinafier referred to as the “Trustee,” when reteernve |iss made to him iin ae capacity
ais Trustee or* fiduciary hereundet)
‘Witnesseth:
‘WHEREAS; the Trustor, pursuantto the powet reservedto him as enumerated under
Atticle One, Subsection 1.04(b) of the “RAYMOND 'W.'ROSS LIVING TRUST DATED .
MARCH 27, 2006", desires by this ‘Trust Agreement to totally ariend and restate said Trust in its
euitizety for the use and} purposes hereinafter set forth; to make provisions for the-care and
management of certain:
¢ of the ‘Teustot's prevent bebe and for the ultimate distribution of the
Trust properties;
NOW, THEREFORE, ail ehthalty dior this Trust. -Agenient shall coristinite the:
‘Trust estate and shall be held for the purpose of protecting and’ preserving it, collecting the -:
income therefrom, and a distributions of the pone and inoomta thereofas s hereinafter
provided.
“ial poet yb add oth Tt tay Sinem on ine tn,
by the Trustor or any person or persons, by irae peel, ob
beneficiary designation.”
“Tis the ‘Trustor’s intent that the seeparly eomprisingithe ofigital ‘Trust estate, “ak
Seiparty subsequently received by the Tyustessae the life of the Trustor shall be the separate
Property of'ihe Testor
x
‘Boyce
& Gianni, LLP
Attomoys st Law
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‘ 2
N.
NAME
BE AND
AND BENEFI
NE FICIAR OFETRE
IE S TRUST
THE TRUST.
1.1”. Namie.: The Trust cieated hereunder may be referred to as the
“RAYMOND W.
ROSS LIVING TRUST "5 and any separate ia may be pear by adding the name of the
Deneticlary: %
12. Beneficiaries, ‘The ha siialeatad iba bs hes and Benefit of
Soe Tasistory any for the other beneficiaries named herein. The Testor has no-children. i
” Thave intentional ty provided tht WESLEY Ross and his desist shall, receive fo
3
“ARTICLE 2- ?
DISTRIBUTION OF INCOME AND PRINCIPAL - |
i WHILE THE TRUSTOR, SHALL LIVE
“AAS Distributions While
the ‘Trustot Lives, “Duringthe lifetitae of the ‘Trastor,the uh
Tristor shall be entitled to all icons and Peincipal of the Trust ‘without limitation. -
2.2. Use of Trust Property, During the lifetime of the Trastor, the ‘Trustee shall |
allow the Trustorto paseess and use ae Baas oe the inet wihoue Tental or aocantinie, tothe
‘Trustee. ‘
> apict 3
INCAPACITY
3.1” “Incapactiy of hehe dak te the ‘Trustor has become physically or °
mentally iricapacitated, as certified in writing by two licensed physicians, and whether or riot a
court of competent jurisdiction has declared him incompetent, mentally ill, or in need of a -
guardian or conservator, the Trustes'shall pay the Trustor or apply for the Trustor's benefit, the - ~~
amounts of net income and principal necessary, in the Trustee’s discretion, for the health,
support and maintenance of the Trustor in accordance with the Trustor’s accustomed manner of”:
-fiving at the date of Incapacity, until the incapacitated Trustor, either in the Successor Trustee’s -
discretion or as certified by y two ae physicians, is again able to manage his own aftaics or
oo his death,
* the Suctessor ‘Teastae is seeking s dncenaieed of the capacity of the ‘Trustor, that
individual shall be allowed to request, review and receive any information, vi or written,
regarding
the Trustor’s physical or mental health inchiding, but not limited to. medical and
hospital records, and to execute any releases or other documents that may be required in order
to .
; obtain such information, and to disclose such information as the Successor Trustee deems
Semone: athe Successor Trustee etal be ne of the inenpactitien ators
ome nat,LLP
me
po
e
pind ropicedattive ‘ot health card discs iad alee ia Fe can
Accountability Act of 1996 (aka HIPAA); 42 USC 13204 e Portability and
and 43 CFR oe and all other
applicable state and federal law.
5. Relianes
on Writing Ajo deci Trust may iva
physicians’ writton statements regarding the Trustor’s incapacity, or a photocopy ofthe
the
Statements, presentedto them by the Successor Trustee. A third party relying on such
written
statements shall not incur any liability to any beneficiary for any dealings with the Successor -
Trustee in rellance upor such written statements: . This provision is intended to encourage third
parties to deal mi te Suceegsor Trustee rita the need for court proceedings, ° :
\ [ARTICLE 4 5
DISTRIBUTION OF TANGIBLE PERSONAL PROPERTY
AFTER DEATH OF TRUSTOR ‘
‘After tha death ofthe “Tnistor, the ‘Trusted shall distribute the tangible personal property”
of the Trustor {n accordance with any written statement or list that the Trustor leaves disposing
of such property. Any such statement ar list then in existence shall be determinative with Tespect -
to all bequests made therein. All remaining tangible personal property not. included on said list
shall be sold and the sales proceeds added to the Trust created in sae 5 below, or may be
given to any public charity at the Thnsjee'y diner: :
vs TRIBUTION ARTICLE §
OF INCOME AND PRINCIPAL
AETER DEATH OF THE TRUSTOR
3
5 $1. of and ses. Upon the death of the Trustor; the Trustee
may, in the Trustee’s sole discretion, pay from the income and/or principal of this Trust, the
taxes, the administrative expenses; the expenses 4 of ‘the last illness ccna of the Trustor and
any other debt owed by Truster.’
52 jon of the R: After the esiiiak of taxes'and
expenst afin Midis ARTs Le SRE A
ioe (100%) of all Reartahlirgy Cast property as follows:
a)” Specific Bequest.” Thé Trustee shiall ‘distibuie the Trustos coisiniues
locaiid at 2121 Ala Wai Boulevard, PH1, Honolufu, Hawaii, including all of its
household contents and fumishings (with the exception of all quilts, related books and -
textiles previously belonging to JONATHAN SHANNON), and the Subaru Outback
vehicle parked in the. gerage below,to RICHARD HEAD and NANCY HEAD, or to the
survivor of them: The property also includes seven (7) parking spaces. If both
HEAD and NANCY HEAD: eve predeceased the Trustor’s death, then this
RICHARD
— mal pee
"© Boyes & GaniLLP
‘Attorneys at Law
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Specific Remest the Trustee sta disteibiute the ‘Thisto
bees a 9700 Verlaine Court, Las Vegas, Nevada, iricluding afl of 8 nda
its household
contents and fuimishings (with the exception of all quilts, related books and
textiles
previously belonging to JONATHAN SHANNON), to NOREEN LANE,
If NOREEN »
TANS has predevessed the ‘Trastor’s death, then this bequest shall lapse, .
©. " Specific Bequest! The Trustee shall distibute the Trustor’s: ‘co-op
apartment located at 1050 North Point Street, #901, San Francisco, Califomia (known ag
Fontana West), including all of-its household contents and furnishings (together with all
quilts, related books and textiles previously belonging to JONATHAN SHANNON) and
the Subaru Outback vehicle patked in the garage below on G1 level; space #901, to
JULIE SILBER. If JULIE SILBER has sRplonesea the Trustor’s death, then this
bequest shall lapse.
@ Specific Beauest. The Trustee shall distribute the amioumt OF. Bity.
Thousand Dollars ($50,000.00) to each of JOHN GLANDER, COURTENAY
GLANDER, JACK GLANDER and HANK GLANDER, outright and free of trust.” The
‘Trustor desires that the funds be utilizedby the beneficiaries for personal investment,
shopping and school-related matters, If any heneficiary named herein is not then living,
then their respective bequest shail be distributed equally to the survivor(s) of JOHN -
GLANDER, COURTENAY. GLANDER, JACK GLANDER and. HANK. GLANDER,.
as the'case may’ be, telat tng hee aE ape
ic. The Trustee shati distribute the amount of Fifty
"THiousand Dollars ($50,000.00) to CLAIRE GARABEDIAN, a and free of trust, If -
she iis not then living, then this benutss shall lapse.
“'§ if : The ‘Trastee shat’ distribute the athount tof One Hundred *
Thousand Dollars ($100,000.00) to SANDY BERRIGAN; outright and fee of rusts |If
she isi not then living, then this bequest shall lapse. .
Speck it.” The “Thustée shall distribute the amountet One Hundred
Thousand Dollars 5200, 0004 00) to LAS VEGAS PBS, outight and free of trust.
) Remainder Estate ‘Thereafter, the ‘Trastee shell distribute all remaining .
ue pe wep RAD RAD af EA, orto the suviver of
fom, outright and freeof trust..
An the event that both RICHARD. HEAD and: NANCY HEAD have jiedeveated
the ‘Trastor's death, then all remaining ‘Trust property shail be distributed equallyto
NOREEN LANE and JULIE SILBER, or to ‘the survivor ofthem outage and free of
trost,
Boyce
& Gienni, LLP
Attomeys at Law
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7
: Bi ‘ast Res 1 Cay ith ven th at Ful of tie Hs adini Seed
under this Article 5 is not disposed of under the foregothe ing provisions; the remainder, if any, shall
be distributed, outright and free of trust, to ¢ the heirs at law of the Trustor, their identities and
shares to be determined according to the laws of the sa of Nevada ten nas
: relating to the
intestate musogeaion ofteepansie property. Le
54°: Genel Jipping Trosts. te some or al of the Trustor's paueaiahy
‘tix exemption is allocatedto any of the property held in this Trust and such allocation would. .
result in an inclusion ratio of greater tlian zero for generatiod-skipping tax purposes; the Trustee
is authorized, at any time in the exercise of absolute discretion, to set apart such property in a
Separate trust so that its inclusion ratio, as defined in Section 2642(a) of the Code is or remains
zord. Likewise; if this Trust receives property from any other Trust wherein the inclusion ratio
for generation-skipping transfer tax purposes was zero, the Trustee is authorized to set apart such
property in a separate trust so that its inclusion ratio remains zero, Also, if this Trust receives
property from any other trust wherein the inclusion ratio was greater than zero, but léss than one,
the Trustee shall divide the property into two separate trusts, one that has an inclusion ratio-of
one for all assets in it, and one that has an inclusion ratio of zero for all assets in it.. If such
Trusts are created, then any estate or death taxes shall be first charged against and Paid out of the
Principal of the Teas with an inclusion, ratio of Breater an 7er0. .
ARTICLE 6
36 (ON O
ET DISTRIBUTIO!
64 elas of Distribution. Notwithstanding the distribution prov! isions of ssoicle 5;
a
the following powers and directions are given to the Trustes:
-@ ab any of the dates described in Article 5, the ‘Trustee for any yeason’-
described below determine s, in the Trustee’s sole discretion; that it would not be in the _
best interest of the beneficiary that a distribution take place; then in that event sald
distribution shall be totally or partially postponed until the reason for the postponement
has been eliminated.” During the period of postponement, the ‘Trustee shall have the
absolute discretion,to distribute income or principal to or for the benefit of the beneficiary
as the Trustee deems advisable: The causes for such delay shall be limited to any of the
following: Se ,
ay The cient Clowns of the beneficiary in a div re acon
ora banknuptcy or other insolvency proceedings...
‘ i
oa “The existence fa large judanieat aga inst the inonefikary.
_(@)~ ‘Cheniical abuse or dependency, or the cotiviction of the
beneficiary of 2 felony involving drugs or narcotics unless a five yom Deciot hes
followed and SPRAIN ws
. Boyce & Gianni, LLP
Attomeys at Law
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@
* ns @ “ A sauce for esti =
te iby anlar Feolcless beluivior.
(5): The judicially: declared Tactics of the beteficln'y a fin
the opinion of the Trustee; ‘the benefi iciary is unable to one for Pimselt as a result
of Physical or mental impairment.
: (bo) Ifthe dased for delayed distribiations are never leaned Bia the iast :
share ofthat beneficiary shall continue until the death of the b eceticlary ane then be
distributed as provided in this Trust.
© The Trustee shall have i oblig ation investigate or deterine whether ©
or not the foregoing conditions exist at the time of any distribution.
@ es ‘Notwithstanding auy provision hetein tthe contrary, ifa Snel isa.
Trustee of his or her trust share, he or she shall have the right to appoint an independent
‘Trustee {a pérson who is not a related or subordinate party as defined in Section 672 (c).
of the Internal Revenue Code) with respect to his'or her trust share, and that pnettaier may
make any of the, ogkions set forthin this. Article 6: os
. &® To safepiiard the righis of the beneficiary; ifany ikcinaick fies his or
her Trust share has been deldyed for more than onc (1) year; he or she may apply to the ©
District Courtin Las Vegas, Nevada, for a judicial determination as to whether the
‘Trustee has reasonably adhered to the standards set forth herein. The Trustee shall not-
have any liability in the event the Court determines the Trustee mate = sncd AaB Sea
to ean Te es the standards wt forth BOT z
a metic .
RELATING ION
PROVIS SHIP
TO TRUSTEES
feighin' In the event ofthe ‘deatti, resignation, incapacity or offaite to
1 ied Trustee all
serveof the original Trustee, then RICHARD HEAD shall serve as Successor
Trusts hereunder. If RICHARD HEAD should become deceased, incapacitated, resign or
otherwise fail to serve as Successor Trustee, then JOHN GLANDER shall serve as Successor
Trustec of all Trusts heréunder.- In determining the incapacity of any Trustet ear ing Berens ue
the guidelines set forth in Section 3.1 may be followed: i
- Teno Successor Trustes is designated to actin thie event of i death, incapacity, .
resignation or failure to serve of the Trustee then acting, or no Successor Trustee accepts the.
office, the Trustee then acting may appoint a Nevada bank or Nevada corporate trust company as
Successor Trustee: Lf no such appointment is made, the majority consent of the adult income
beneficiaries of this Trust ~ appoint ee bank or ‘Nevada corporate trust sompany as .
Successor Trustee. .
sos & Glost,LLP
“, - Aseneys at Law
7 1 2
12 iisiuis bea 2%
No Successor Trus
“omissions, or default ofa prior Trustee, Unless requested in writi tee shall be Hable for the acts,
ng within sixty (60) days of
‘appointment by'an adult beneficiary of the Trust, no Successor Truste
audit or investigate the accounts or admini istration of any such Truste e shall have any duty to
e, and may accept
‘accounting records of the predecessor Trustee showing assets on hand without furthe the: -
r. .
investigation and a pie nee me iota “ising or sai nines in
the
beens Trustee! ‘or caitipine jointly
with any remaining or. surviving Co-Trustees and assume the duties thereof immediately
delivery of written acceptanceto the Trustor during his or her lifetime and thereafter to upon
any
‘Trustee Kereunder orto any beneficiary her eunder, if for any reason there shall -be no Trustee
e
then serving, without the necessity of any other act, conveyance, or transfer. =
TA. Delegation by Trustes. ‘Any individual Ga-Trustze shall have te right i Le
time, by an instrument
in writing deliv ered to the other Co-Tru
to delegate
steto such e,
other Co-
‘Trustee any and all of the Trustee’s powers and discretions. The individual Co-Trustee shall
ineur no liability to any beneficiary of the Trust as’a result of any action taken or rotekes
cata the scope of: delegation doring the period of delegation: :
75; iarge and Resignation . . Upon the: death of tha Tietor, tho ‘
Higjority consent of the adult income beneficiaries shall have the right and the power to discharge
any Trustee or Co-Trustee and appoint a Nevada bank or Nevada trust company as Successor
‘Trustee or Co-Trustee. Discharge of a Trustee shall be made by delivering to such Trustee
thirty (30) days” notice of discharge accompanied by the name of the intended Successor
Trustee. The Trustee of any trust hereunder, including any Successor Trustee, may resign by
delivery of sixty (6 (0) days” ywritien notice of resignation to all of re then anecma beneficiaries of
such trust.
16 Corporate. Trnstee, During the period, if any, that a corporate ‘Trastee acts ag
‘Co-Trustee with an individual, the corporate Trustee shall have the unrestricted right to the
custody of all securities, funds, and other property of. thes Trust ne shall nae payments
and gistlisome provided espace?
7.7: Majority. Subjectto any imitations staid elsewhere ia this Trust, all decisions '
affecting any of the Trust estate shall be made in the following manner: while three or more
‘Trustees, whether corporate or individual, are in office, the determination of a‘majority shall b 4
banging. TE only two Individual Trustees are in office, they must act mmepizaotely.
73 Bond . Ne bond hal ve be required of any Trustee. :
19° Hees, The Successor ‘Trustee shall be reimbursed for ail actual ©
inourred in the administration of any Trust created herein. The Successor Trustee shall
be entitledto reasonable compensation for service renderedto the Trust, except a corporate
praise; ay See according to its then etisting fee sein, Inno Saat WEY, etal the
"Bopee
& Glatt EL
Attorneys
et Law
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fees dings by adidas trusts atv sins fees
or corpo
rate art ae
tect have Boor charged
the jurisdiction in which the Trust is being governed, sacs
710. 0 peri . The Trustee
5
ay abandon any real or ‘personal property
fui
‘which may be determined to be
worthless by the majo1 rity consent of the adult income" ic
Saieliee; any am Setpeinicatina stat be unin a all battles,
i
“ AKHCLES |
8.1 Pow er to Amienid: During the lifetime of the Trustor) this Trust may be cimendad
in Whole or in part by an- instrument in writing, signed bythe Trustor, an d selves the
Trustee. Upon the Bea of the ‘Trostor, this ‘Trost shalt not be. amended.
a
82 Power to Revoke, Diiring'ttio lifetime of Trusto, io Tils mia ne
eevee dite
‘Trust by an: ‘instrument in writing, signed by the Trustor. Upon revocation, the Trustee shall .
2
deliver the revoked portion of the TrustProperty, to ie tae Unser the dati = Tete
tis ‘Trust shall sore revolasd
830. er ‘Trustee: Diiting the lifxine of the wan ay canst
Trustee or Successor Trustee of this ane by an insta in writing.
:
8.4 ‘Additions to ‘rast Any additional aso acceptable to the “Trustee hay be :
trsiaferred to this ‘Trust, ‘The property hall beiaubjent fo Sie fearns of this Trust. .
~ .8.5..° Speeial Gifts. Ifthe Trustor becomes legally incompetent, or if in the Trustee's.
judgrient reasonable doubt exists regarding capacity, the Trustee is authorized in such Trustee’s
sole discretionto continue any gift program which the Trustor had previously commenced and to
make use of the federal gift tax annual exclusion. Such its tmay be made outtight or ih Trust. -
86. Personal Powers of Revocation and Amendment. ‘Thie powers of the Trustor to
tévoke or ‘amend this Trust are personal and shall not be exercisable on his or her behalf by any -
‘attomey-in-fact, guardian, congorvator, or other person, except that revocation or amendment
may be authorized, after notice to the Tru: ni by oe court that sot the guardian a
conservator. 5
é
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2 ARTICLE 9
PROVISIONS
RELATING TO TRUSTEE’S
ose NS RE! RUSTEE'S PPOWERS
go mentof , With respect to the Trust estate, except as
otherwise specifically provided in this Trust, the ‘Trustee shall have all powers now or hereafiar
conferred upon trustees by applicable state law, and also those powers approptiate to the orderly’ ©
and effective aciministradon of| the Trust. as crocncibr involved in the exercise of thie a
& Boyes & Gann, LEP
‘Attomeys at Law
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°. Trustee's powers shail be bome by the Trust estate.” Site h bowie shall
inthide, but not ee
limited to, the following powers with mepedt| to the Trust estate:
-@). With respiect to ‘teal propeity: tn led ay el ropa to mortgage. -
and/or convey by deed f trust or otherwise encumberan y teal property now orhereafter.
owned by this Trust (iricluding, but not limited to, any real property the Trustee may
hereafter acquire or receive and the Trustor’ 's personal residence); to lease, sublease,
release; to eject, remove and relieve teriants or other persons from,-and recover
Posscasion of by all lawful means; to accept real property as 4 gift or ag security for a
loan; to collect, sue for, receive rents and profits; to conserve, invest or utilize any and all
of such tents, profits, and rece foripts
the purposes described in this paragraph; to do any
act of management and conservation;.to pay compromise, or1o contest tax assessments
arid to apply for refunds in connection therewith; to employ laborers; to subdivide,
develop, dedicate. to public use without consideration, and/or dedicate easements over; to
maintain, protcot, repair, preserve, insure, build upon, demolish, alter or improve all of ~
any part thereof; to obtain or vacate) plats and adjust | boundaries; to adjust differences in
valuation on exchange of partition by giving or Tecntving consideration? teIp releags: or
partially release ‘eal! ‘property from alicn. *
©) To register any aéciitities or ots property held hereunder in the names of
‘Trustee or ‘in the name of 2 nominee; with or without the addition of words indicating thet
such securities or other property are held in « fiduciary capacity, and to hold in bearer -
form any securities or other property held hereunder so that title thereto will pass by
delivery, but the books and rebotds of Trustee shal! show that alf such investments are
part of their respective funds
©. To hold, manage, dnveet and scctunt for the anpabiae trusts in one or niote
consolidated funds, in whole or in part, as they may determine.- As to each consolidated
-fund, the division into the various shares comprising such fund need be mads: upon
Trustees’ bios of agcount.-
“@. “To lease Trist property for terms within or beyond the toim of the ‘Trust
and or any purpose, incinding exploration for and removal of gas, oil, and other minerals;
and to emtter into commenity oil leases, pooling, and. unitization agreemeats.
©. ~ To borrow money, mortgage, ‘pledge, or lease ‘Trust assets for siictevie.”
period of time. Trustee shall ae even =e the saree team, of fheake
Trust.
“@O-. To: hold ‘and ratali any
i property, real or persdnal iin thie form in which the”
Same may be at the time of the receipt thereof, as long as in the exercise of the Trustes’s.
discretion it maybe advisable so to do, notwithstanding same ey iige be ofa character...
authorized by Jaw for investment of trust funds.
To invest and reinvest in the Tnistee’s astra’ and they’ shall not be
rostieted in
i their choice of Enecaimients topane investments.as are permissible for =.
weg Gi, LP
~ Among A
aT4=
* ®
ftdndiaioa winder any pokes fikaragjnkas ta
constitute an interest in a pee Emifed liability compatty or cl ig that the incry ‘.
sobithats i
a held
corporation,
“h)- 6 area any of the Tiss for any 5 sabi’ The interest
map imposed for pack: advances shall not exceed then current rates, .
7 @ : To institut, compromise and defend any sotions and vista
@ : To vote, in Sicsnan orby proxy, at oorporaté meetings any shares of stock
in any Trust created herein, and to participate in or consent to any voting ‘mist, -
reorganization, dissolution, liq uidation, merger, or.cther action affecting any such aaaies
of stock or any corporation which has issued. such shares or stock,
wo. To partition, allot, and distibata, in undivided inteiest or inkind, or partly
in money and partly in kind, and to sell such property as the Trustee may deem advisable
to make divisions ‘or partial or final distribation of any of the Trusts.
=
@-: ..To make payments hereunder: directly to any beneficiary under auatait,
to the guardian of his or her person or estate; to any other person deemed suitable
Trustee, or by direct fayment ‘of such beneficiary's expenses. -
«m): To ase additiotis of property to the Trusts; whether made by the:
‘Trustor, a member of thie Trustor’s family; by any ae — ey Py any ons
Antepgeted in such beneficiaries.
@ ~ Po hold on iGasit or to deposit any funds of any sii croatad hetiin,
‘whether part of the original Trust estate or received thereafter, in. one or more savings and
Joan associations, bank or ottier financial institution and in such formof account whether. ”
or not interest bearing, as the Trustee may determine, without ble regard to the amount of any.
asu ita Hei toeat for fonds of :
“such deposit or to whether or not ete a
me " a a ia safety dept ots inthe ame
otis Tt,
(@) _ ‘Tomake distibutions to any This or bonoficiaty heréundet in éash or in’
“gpecitfic property, real of personal, of an undivided interest therein, or partly in-cash and” ~
reg ped to the na = basis of specific
partlyin such property, andto do so without
property so distributed. % i :
le @ The powers enimzate in NRS 163.265 to NRS 164i, inclusive, ate:
hereby incorporated herein to the sctlont they, ae. not conflict with any = ae of
the Tanah :
© ‘The enumeration. of certain BOMeee the Trustee. shall not limit the
‘Trustee’s general Poe subject always s the discharge of nalnesary obligations, ae
*
ig. ‘Boyce
& Giohnl, LLP
_Attomnoys at Law
: ~75=
@ *
lg vidi ovith and having all the rios en * paves whic ah able
owner of the sane Property would .
“The Trustee shall a ive the jes hd Trast mae in scaled of.
@very kind, including debt and e quity securities, to buy and sell securities; to write
Sovered options on recognized options exchanges, to buy back
covered options listed on
such exchanges, to buy and sell listed options, indi ividually and ini combin
ation,
employing recognized investment techniques such as, but not limited to, spreads,
straddles,. and margin and option agreements whi ch may be required by securities
brokerage firms in connection wi ’ ith ee opening of accounts tn which such option
transactions will be effected.
7
Farther, ihe ‘Trusteo'imay writs covered call sable buy all of types of options
ing, but not limited to, listed index and foreign currency warrants, sell fully °
collateralized equity puts, spread fisted options, buy straddies and combinations, sel]
uncovered equity puts, and all other types of transactions, selling of uncovered index’ and
currency put options, sélling of uncovered call options, including variable (ratio) hedging,
short straddles,
me , short ‘omibiniations dnd the short sale of listed = and foreign currency ©
‘warrants.
()- << To énournber Trust asseis in order to feat third, ‘ey toans thade-to the
Trustot or any beneficiary. or any a in Siiinthe praise or any benoficiary has a
direct or indirect interest, . -~-
;
fu) Tn regard
to the Goeratica any closcly hela business of he Trist,
Preview
PAUL B. GRUWELL (SBN 252474) RICHARD T. FRANCESCHINI (136007) RAGGHIANTI FREITAS LLP 1101 Fifth Avenue, Suite 100 ELECTRONICALLY San Rafael, California 94901 Telephone: (415) 453-9433 FILED Facsimile: (415) 453-8269 Superior Court of California, County of San Francisco Email: pgruwell@ rflawllp.com Email: rfran@ rflawllp.com 01/19/2024 Clerk of the Court BY: MICHAEL RAYRAY Attorneys for CARON SCHMIERER, Deputy Clerk as Administrator with Will Annexed of the Estate of Raymond W. Ross and Temporary Trustee of the Raymond W. Ross Living Trust IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 IN AND FOR THE COUNTY OF SAN FRANCISCO 11 In the Estate of: CASE NO.: PES-23-306743 12 13 RAYMOND W. ROSS, REQUEST FORJ UDICIAL NOTICE IN SUPPORT OF CARON SCHMIERER’S 14 Decedent. PETITION FOR INSTRUCTIONS TO DISMISS PORTIONS OF PENDING, 15 ESTATE-RELATED LITIGATION 16 PART 40F 11 17 EXHIBIT 7 (2) 18 DATE: TIME: 19 DEPT.: Probate 20 21 22 23 24 25 26 27 28 REQUEST FOR J UDICIAL NOTICE IN SUPPORT OF PETITION FOR INSTRUCTIONS TO DISMISS PORTIONS OF PENDING, ESTATE-RE LATED LITIGATION ‘57: ———— —————— ee THAN. J SHANNON ‘TayuonD WwW ROSS 1943 thgorry TASVEGAS, WY esas BYE) ieesane Memes 4 $30,002 a o™ __Hiolters: 48 =, fe daa Bandana, For LOA (Ostet alaTest we 2405 cis 32 78 eseeas eee 01933 a ss Se aa 1S * as ee “Es ws "ED “er, 71412021 ‘ttps://oibservices. wellsfargo:com/OIB/Printimagejsp --58— ‘59. e @ Amoune, $50,000.00 Sequence Number: 5592207750 Account 261569285. Capture Date 11/12/2019 Bank Number: 1211 35 Check Nu 215 getter | eee SHANNON & RAYMOND ROSS 215 TSEC, i v I SHANKON & RAYMOND ROSS, TRUSTEE ev be 8700 VERLAINE OT. LAS VEGAS RV 88145-3895 Dale AwAM meRTeiLs ei 56, 080, order: FIeETY: TIAOUS AND oa _Dollars me Bh " Bankot imerloa > ~ ACHRIT 2100038 ns DEB rep L Laren - _ eae es, Wk a woods sar ‘0007264567 Eee e BS 5, H ~E Blectronic Endorsements Date Sequence Banik fee Endre Type TERN RRC Bank Name 11/1272015.. 005592207750 ii1012632 oy Bank w BANK’ OF AMBRICA; NA AL/22/2019 / 006201002236 21090089 “Ren toe /Bori. YY: CITIBANK, “NA 60-- 61 ie ABRAHAM MERTE * 727 WEESTER : sca pay i ‘ 5) Sentara: 18, 2008 Mr. Raymond “Jeffrey” Ross *, «Email jshanjross@aclcom at Re: Loan for Sondma Property: fo Dear jeffrey, ‘gor purchase of the property at 140 NorthsideAve, Sonoma; CA 9547 Thank you again for: to us and we'can’ tially Sexpress how-much we appreciate and done for us- Bag Col ES. Lots of love, haa ae et 1 a 55, firs, ~62- 63 @ eee ee er oer sree mE eer ns Dw Ross 2026 TA a Bysarridat.2ose IS. AER: eectcere aie pega renls a 2 os.) 18 xon2a” Doilars (5% any ether et For. 06:04 4 ‘Seanenie acer Cos = Le2 ROS 2 PBS Pass 5 PE 20 B20 FS se et awit iote pra. thy ut coe Ved wa a4 ‘ . aay ue rus wet v4 ce “tivated 1 att « w és ari eee " a at ae teat 3 me. th moteee "ales Tt af nO ta * vt fete ag abyss ot vt as =o By aad ws TEcw ae eRe Tht Oe We te Awe i -.64-~- @ e 65: % e “TOTAL AMENDMENT ‘AND RESTATEMENT OF THE. ‘RAYMOND W. ROSS’S LIVING TRUST Tas TRUST AGREEMENT is made on the 5H day of October, 2016,6, by RAYMOND W.ROSS (also knows as RAYMOND WAYNE ROSS, RAYMOND JEFFRE Y ROSS and JEFEREY, r ROSS) of Clark County, Nevada (héreinafter referred to as the “Trastor or “Grantor® when référence is made ta him in his capacityas creato of this r ‘Trus and tthe transferor of the principal propertioy thereof), and RAYMOND W. ROSS of Clark County, Nevada (heteinafier referred to as the “Trustee,” when reteernve |iss made to him iin ae capacity ais Trustee or* fiduciary hereundet) ‘Witnesseth: ‘WHEREAS; the Trustor, pursuantto the powet reservedto him as enumerated under Atticle One, Subsection 1.04(b) of the “RAYMOND 'W.'ROSS LIVING TRUST DATED . MARCH 27, 2006", desires by this ‘Trust Agreement to totally ariend and restate said Trust in its euitizety for the use and} purposes hereinafter set forth; to make provisions for the-care and management of certain: ¢ of the ‘Teustot's prevent bebe and for the ultimate distribution of the Trust properties; NOW, THEREFORE, ail ehthalty dior this Trust. -Agenient shall coristinite the: ‘Trust estate and shall be held for the purpose of protecting and’ preserving it, collecting the -: income therefrom, and a distributions of the pone and inoomta thereofas s hereinafter provided. “ial poet yb add oth Tt tay Sinem on ine tn, by the Trustor or any person or persons, by irae peel, ob beneficiary designation.” “Tis the ‘Trustor’s intent that the seeparly eomprisingithe ofigital ‘Trust estate, “ak Seiparty subsequently received by the Tyustessae the life of the Trustor shall be the separate Property of'ihe Testor x ‘Boyce & Gianni, LLP Attomoys st Law --66-- @ @ ‘ 2 N. NAME BE AND AND BENEFI NE FICIAR OFETRE IE S TRUST THE TRUST. 1.1”. Namie.: The Trust cieated hereunder may be referred to as the “RAYMOND W. ROSS LIVING TRUST "5 and any separate ia may be pear by adding the name of the Deneticlary: % 12. Beneficiaries, ‘The ha siialeatad iba bs hes and Benefit of Soe Tasistory any for the other beneficiaries named herein. The Testor has no-children. i ” Thave intentional ty provided tht WESLEY Ross and his desist shall, receive fo 3 “ARTICLE 2- ? DISTRIBUTION OF INCOME AND PRINCIPAL - | i WHILE THE TRUSTOR, SHALL LIVE “AAS Distributions While the ‘Trustot Lives, “Duringthe lifetitae of the ‘Trastor,the uh Tristor shall be entitled to all icons and Peincipal of the Trust ‘without limitation. - 2.2. Use of Trust Property, During the lifetime of the Trastor, the ‘Trustee shall | allow the Trustorto paseess and use ae Baas oe the inet wihoue Tental or aocantinie, tothe ‘Trustee. ‘ > apict 3 INCAPACITY 3.1” “Incapactiy of hehe dak te the ‘Trustor has become physically or ° mentally iricapacitated, as certified in writing by two licensed physicians, and whether or riot a court of competent jurisdiction has declared him incompetent, mentally ill, or in need of a - guardian or conservator, the Trustes'shall pay the Trustor or apply for the Trustor's benefit, the - ~~ amounts of net income and principal necessary, in the Trustee’s discretion, for the health, support and maintenance of the Trustor in accordance with the Trustor’s accustomed manner of”: -fiving at the date of Incapacity, until the incapacitated Trustor, either in the Successor Trustee’s - discretion or as certified by y two ae physicians, is again able to manage his own aftaics or oo his death, * the Suctessor ‘Teastae is seeking s dncenaieed of the capacity of the ‘Trustor, that individual shall be allowed to request, review and receive any information, vi or written, regarding the Trustor’s physical or mental health inchiding, but not limited to. medical and hospital records, and to execute any releases or other documents that may be required in order to . ; obtain such information, and to disclose such information as the Successor Trustee deems Semone: athe Successor Trustee etal be ne of the inenpactitien ators ome nat,LLP me po e pind ropicedattive ‘ot health card discs iad alee ia Fe can Accountability Act of 1996 (aka HIPAA); 42 USC 13204 e Portability and and 43 CFR oe and all other applicable state and federal law. 5. Relianes on Writing Ajo deci Trust may iva physicians’ writton statements regarding the Trustor’s incapacity, or a photocopy ofthe the Statements, presentedto them by the Successor Trustee. A third party relying on such written statements shall not incur any liability to any beneficiary for any dealings with the Successor - Trustee in rellance upor such written statements: . This provision is intended to encourage third parties to deal mi te Suceegsor Trustee rita the need for court proceedings, ° : \ [ARTICLE 4 5 DISTRIBUTION OF TANGIBLE PERSONAL PROPERTY AFTER DEATH OF TRUSTOR ‘ ‘After tha death ofthe “Tnistor, the ‘Trusted shall distribute the tangible personal property” of the Trustor {n accordance with any written statement or list that the Trustor leaves disposing of such property. Any such statement ar list then in existence shall be determinative with Tespect - to all bequests made therein. All remaining tangible personal property not. included on said list shall be sold and the sales proceeds added to the Trust created in sae 5 below, or may be given to any public charity at the Thnsjee'y diner: : vs TRIBUTION ARTICLE § OF INCOME AND PRINCIPAL AETER DEATH OF THE TRUSTOR 3 5 $1. of and ses. Upon the death of the Trustor; the Trustee may, in the Trustee’s sole discretion, pay from the income and/or principal of this Trust, the taxes, the administrative expenses; the expenses 4 of ‘the last illness ccna of the Trustor and any other debt owed by Truster.’ 52 jon of the R: After the esiiiak of taxes'and expenst afin Midis ARTs Le SRE A ioe (100%) of all Reartahlirgy Cast property as follows: a)” Specific Bequest.” Thé Trustee shiall ‘distibuie the Trustos coisiniues locaiid at 2121 Ala Wai Boulevard, PH1, Honolufu, Hawaii, including all of its household contents and fumishings (with the exception of all quilts, related books and - textiles previously belonging to JONATHAN SHANNON), and the Subaru Outback vehicle parked in the. gerage below,to RICHARD HEAD and NANCY HEAD, or to the survivor of them: The property also includes seven (7) parking spaces. If both HEAD and NANCY HEAD: eve predeceased the Trustor’s death, then this RICHARD — mal pee "© Boyes & GaniLLP ‘Attorneys at Law 68- @ @ Specific Remest the Trustee sta disteibiute the ‘Thisto bees a 9700 Verlaine Court, Las Vegas, Nevada, iricluding afl of 8 nda its household contents and fuimishings (with the exception of all quilts, related books and textiles previously belonging to JONATHAN SHANNON), to NOREEN LANE, If NOREEN » TANS has predevessed the ‘Trastor’s death, then this bequest shall lapse, . ©. " Specific Bequest! The Trustee shall distibute the Trustor’s: ‘co-op apartment located at 1050 North Point Street, #901, San Francisco, Califomia (known ag Fontana West), including all of-its household contents and furnishings (together with all quilts, related books and textiles previously belonging to JONATHAN SHANNON) and the Subaru Outback vehicle patked in the garage below on G1 level; space #901, to JULIE SILBER. If JULIE SILBER has sRplonesea the Trustor’s death, then this bequest shall lapse. @ Specific Beauest. The Trustee shall distribute the amioumt OF. Bity. Thousand Dollars ($50,000.00) to each of JOHN GLANDER, COURTENAY GLANDER, JACK GLANDER and HANK GLANDER, outright and free of trust.” The ‘Trustor desires that the funds be utilizedby the beneficiaries for personal investment, shopping and school-related matters, If any heneficiary named herein is not then living, then their respective bequest shail be distributed equally to the survivor(s) of JOHN - GLANDER, COURTENAY. GLANDER, JACK GLANDER and. HANK. GLANDER,. as the'case may’ be, telat tng hee aE ape ic. The Trustee shati distribute the amount of Fifty "THiousand Dollars ($50,000.00) to CLAIRE GARABEDIAN, a and free of trust, If - she iis not then living, then this benutss shall lapse. “'§ if : The ‘Trastee shat’ distribute the athount tof One Hundred * Thousand Dollars ($100,000.00) to SANDY BERRIGAN; outright and fee of rusts |If she isi not then living, then this bequest shall lapse. . Speck it.” The “Thustée shall distribute the amountet One Hundred Thousand Dollars 5200, 0004 00) to LAS VEGAS PBS, outight and free of trust. ) Remainder Estate ‘Thereafter, the ‘Trastee shell distribute all remaining . ue pe wep RAD RAD af EA, orto the suviver of fom, outright and freeof trust.. An the event that both RICHARD. HEAD and: NANCY HEAD have jiedeveated the ‘Trastor's death, then all remaining ‘Trust property shail be distributed equallyto NOREEN LANE and JULIE SILBER, or to ‘the survivor ofthem outage and free of trost, Boyce & Gienni, LLP Attomeys at Law 69-- @ 7 : Bi ‘ast Res 1 Cay ith ven th at Ful of tie Hs adini Seed under this Article 5 is not disposed of under the foregothe ing provisions; the remainder, if any, shall be distributed, outright and free of trust, to ¢ the heirs at law of the Trustor, their identities and shares to be determined according to the laws of the sa of Nevada ten nas : relating to the intestate musogeaion ofteepansie property. Le 54°: Genel Jipping Trosts. te some or al of the Trustor's paueaiahy ‘tix exemption is allocatedto any of the property held in this Trust and such allocation would. . result in an inclusion ratio of greater tlian zero for generatiod-skipping tax purposes; the Trustee is authorized, at any time in the exercise of absolute discretion, to set apart such property in a Separate trust so that its inclusion ratio, as defined in Section 2642(a) of the Code is or remains zord. Likewise; if this Trust receives property from any other Trust wherein the inclusion ratio for generation-skipping transfer tax purposes was zero, the Trustee is authorized to set apart such property in a separate trust so that its inclusion ratio remains zero, Also, if this Trust receives property from any other trust wherein the inclusion ratio was greater than zero, but léss than one, the Trustee shall divide the property into two separate trusts, one that has an inclusion ratio-of one for all assets in it, and one that has an inclusion ratio of zero for all assets in it.. If such Trusts are created, then any estate or death taxes shall be first charged against and Paid out of the Principal of the Teas with an inclusion, ratio of Breater an 7er0. . ARTICLE 6 36 (ON O ET DISTRIBUTIO! 64 elas of Distribution. Notwithstanding the distribution prov! isions of ssoicle 5; a the following powers and directions are given to the Trustes: -@ ab any of the dates described in Article 5, the ‘Trustee for any yeason’- described below determine s, in the Trustee’s sole discretion; that it would not be in the _ best interest of the beneficiary that a distribution take place; then in that event sald distribution shall be totally or partially postponed until the reason for the postponement has been eliminated.” During the period of postponement, the ‘Trustee shall have the absolute discretion,to distribute income or principal to or for the benefit of the beneficiary as the Trustee deems advisable: The causes for such delay shall be limited to any of the following: Se , ay The cient Clowns of the beneficiary in a div re acon ora banknuptcy or other insolvency proceedings... ‘ i oa “The existence fa large judanieat aga inst the inonefikary. _(@)~ ‘Cheniical abuse or dependency, or the cotiviction of the beneficiary of 2 felony involving drugs or narcotics unless a five yom Deciot hes followed and SPRAIN ws . Boyce & Gianni, LLP Attomeys at Law “70-- @ * ns @ “ A sauce for esti = te iby anlar Feolcless beluivior. (5): The judicially: declared Tactics of the beteficln'y a fin the opinion of the Trustee; ‘the benefi iciary is unable to one for Pimselt as a result of Physical or mental impairment. : (bo) Ifthe dased for delayed distribiations are never leaned Bia the iast : share ofthat beneficiary shall continue until the death of the b eceticlary ane then be distributed as provided in this Trust. © The Trustee shall have i oblig ation investigate or deterine whether © or not the foregoing conditions exist at the time of any distribution. @ es ‘Notwithstanding auy provision hetein tthe contrary, ifa Snel isa. Trustee of his or her trust share, he or she shall have the right to appoint an independent ‘Trustee {a pérson who is not a related or subordinate party as defined in Section 672 (c). of the Internal Revenue Code) with respect to his'or her trust share, and that pnettaier may make any of the, ogkions set forthin this. Article 6: os . &® To safepiiard the righis of the beneficiary; ifany ikcinaick fies his or her Trust share has been deldyed for more than onc (1) year; he or she may apply to the © District Courtin Las Vegas, Nevada, for a judicial determination as to whether the ‘Trustee has reasonably adhered to the standards set forth herein. The Trustee shall not- have any liability in the event the Court determines the Trustee mate = sncd AaB Sea to ean Te es the standards wt forth BOT z a metic . RELATING ION PROVIS SHIP TO TRUSTEES feighin' In the event ofthe ‘deatti, resignation, incapacity or offaite to 1 ied Trustee all serveof the original Trustee, then RICHARD HEAD shall serve as Successor Trusts hereunder. If RICHARD HEAD should become deceased, incapacitated, resign or otherwise fail to serve as Successor Trustee, then JOHN GLANDER shall serve as Successor Trustec of all Trusts heréunder.- In determining the incapacity of any Trustet ear ing Berens ue the guidelines set forth in Section 3.1 may be followed: i - Teno Successor Trustes is designated to actin thie event of i death, incapacity, . resignation or failure to serve of the Trustee then acting, or no Successor Trustee accepts the. office, the Trustee then acting may appoint a Nevada bank or Nevada corporate trust company as Successor Trustee: Lf no such appointment is made, the majority consent of the adult income beneficiaries of this Trust ~ appoint ee bank or ‘Nevada corporate trust sompany as . Successor Trustee. . sos & Glost,LLP “, - Aseneys at Law 7 1 2 12 iisiuis bea 2% No Successor Trus “omissions, or default ofa prior Trustee, Unless requested in writi tee shall be Hable for the acts, ng within sixty (60) days of ‘appointment by'an adult beneficiary of the Trust, no Successor Truste audit or investigate the accounts or admini istration of any such Truste e shall have any duty to e, and may accept ‘accounting records of the predecessor Trustee showing assets on hand without furthe the: - r. . investigation and a pie nee me iota “ising or sai nines in the beens Trustee! ‘or caitipine jointly with any remaining or. surviving Co-Trustees and assume the duties thereof immediately delivery of written acceptanceto the Trustor during his or her lifetime and thereafter to upon any ‘Trustee Kereunder orto any beneficiary her eunder, if for any reason there shall -be no Trustee e then serving, without the necessity of any other act, conveyance, or transfer. = TA. Delegation by Trustes. ‘Any individual Ga-Trustze shall have te right i Le time, by an instrument in writing deliv ered to the other Co-Tru to delegate steto such e, other Co- ‘Trustee any and all of the Trustee’s powers and discretions. The individual Co-Trustee shall ineur no liability to any beneficiary of the Trust as’a result of any action taken or rotekes cata the scope of: delegation doring the period of delegation: : 75; iarge and Resignation . . Upon the: death of tha Tietor, tho ‘ Higjority consent of the adult income beneficiaries shall have the right and the power to discharge any Trustee or Co-Trustee and appoint a Nevada bank or Nevada trust company as Successor ‘Trustee or Co-Trustee. Discharge of a Trustee shall be made by delivering to such Trustee thirty (30) days” notice of discharge accompanied by the name of the intended Successor Trustee. The Trustee of any trust hereunder, including any Successor Trustee, may resign by delivery of sixty (6 (0) days” ywritien notice of resignation to all of re then anecma beneficiaries of such trust. 16 Corporate. Trnstee, During the period, if any, that a corporate ‘Trastee acts ag ‘Co-Trustee with an individual, the corporate Trustee shall have the unrestricted right to the custody of all securities, funds, and other property of. thes Trust ne shall nae payments and gistlisome provided espace? 7.7: Majority. Subjectto any imitations staid elsewhere ia this Trust, all decisions ' affecting any of the Trust estate shall be made in the following manner: while three or more ‘Trustees, whether corporate or individual, are in office, the determination of a‘majority shall b 4 banging. TE only two Individual Trustees are in office, they must act mmepizaotely. 73 Bond . Ne bond hal ve be required of any Trustee. : 19° Hees, The Successor ‘Trustee shall be reimbursed for ail actual © inourred in the administration of any Trust created herein. The Successor Trustee shall be entitledto reasonable compensation for service renderedto the Trust, except a corporate praise; ay See according to its then etisting fee sein, Inno Saat WEY, etal the "Bopee & Glatt EL Attorneys et Law --72-- @ e fees dings by adidas trusts atv sins fees or corpo rate art ae tect have Boor charged the jurisdiction in which the Trust is being governed, sacs 710. 0 peri . The Trustee 5 ay abandon any real or ‘personal property fui ‘which may be determined to be worthless by the majo1 rity consent of the adult income" ic Saieliee; any am Setpeinicatina stat be unin a all battles, i “ AKHCLES | 8.1 Pow er to Amienid: During the lifetime of the Trustor) this Trust may be cimendad in Whole or in part by an- instrument in writing, signed bythe Trustor, an d selves the Trustee. Upon the Bea of the ‘Trostor, this ‘Trost shalt not be. amended. a 82 Power to Revoke, Diiring'ttio lifetime of Trusto, io Tils mia ne eevee dite ‘Trust by an: ‘instrument in writing, signed by the Trustor. Upon revocation, the Trustee shall . 2 deliver the revoked portion of the TrustProperty, to ie tae Unser the dati = Tete tis ‘Trust shall sore revolasd 830. er ‘Trustee: Diiting the lifxine of the wan ay canst Trustee or Successor Trustee of this ane by an insta in writing. : 8.4 ‘Additions to ‘rast Any additional aso acceptable to the “Trustee hay be : trsiaferred to this ‘Trust, ‘The property hall beiaubjent fo Sie fearns of this Trust. . ~ .8.5..° Speeial Gifts. Ifthe Trustor becomes legally incompetent, or if in the Trustee's. judgrient reasonable doubt exists regarding capacity, the Trustee is authorized in such Trustee’s sole discretionto continue any gift program which the Trustor had previously commenced and to make use of the federal gift tax annual exclusion. Such its tmay be made outtight or ih Trust. - 86. Personal Powers of Revocation and Amendment. ‘Thie powers of the Trustor to tévoke or ‘amend this Trust are personal and shall not be exercisable on his or her behalf by any - ‘attomey-in-fact, guardian, congorvator, or other person, except that revocation or amendment may be authorized, after notice to the Tru: ni by oe court that sot the guardian a conservator. 5 é -a oe 2 ARTICLE 9 PROVISIONS RELATING TO TRUSTEE’S ose NS RE! RUSTEE'S PPOWERS go mentof , With respect to the Trust estate, except as otherwise specifically provided in this Trust, the ‘Trustee shall have all powers now or hereafiar conferred upon trustees by applicable state law, and also those powers approptiate to the orderly’ © and effective aciministradon of| the Trust. as crocncibr involved in the exercise of thie a & Boyes & Gann, LEP ‘Attomeys at Law ~73- @ °. Trustee's powers shail be bome by the Trust estate.” Site h bowie shall inthide, but not ee limited to, the following powers with mepedt| to the Trust estate: -@). With respiect to ‘teal propeity: tn led ay el ropa to mortgage. - and/or convey by deed f trust or otherwise encumberan y teal property now orhereafter. owned by this Trust (iricluding, but not limited to, any real property the Trustee may hereafter acquire or receive and the Trustor’ 's personal residence); to lease, sublease, release; to eject, remove and relieve teriants or other persons from,-and recover Posscasion of by all lawful means; to accept real property as 4 gift or ag security for a loan; to collect, sue for, receive rents and profits; to conserve, invest or utilize any and all of such tents, profits, and rece foripts the purposes described in this paragraph; to do any act of management and conservation;.to pay compromise, or1o contest tax assessments arid to apply for refunds in connection therewith; to employ laborers; to subdivide, develop, dedicate. to public use without consideration, and/or dedicate easements over; to maintain, protcot, repair, preserve, insure, build upon, demolish, alter or improve all of ~ any part thereof; to obtain or vacate) plats and adjust | boundaries; to adjust differences in valuation on exchange of partition by giving or Tecntving consideration? teIp releags: or partially release ‘eal! ‘property from alicn. * ©) To register any aéciitities or ots property held hereunder in the names of ‘Trustee or ‘in the name of 2 nominee; with or without the addition of words indicating thet such securities or other property are held in « fiduciary capacity, and to hold in bearer - form any securities or other property held hereunder so that title thereto will pass by delivery, but the books and rebotds of Trustee shal! show that alf such investments are part of their respective funds ©. To hold, manage, dnveet and scctunt for the anpabiae trusts in one or niote consolidated funds, in whole or in part, as they may determine.- As to each consolidated -fund, the division into the various shares comprising such fund need be mads: upon Trustees’ bios of agcount.- “@. “To lease Trist property for terms within or beyond the toim of the ‘Trust and or any purpose, incinding exploration for and removal of gas, oil, and other minerals; and to emtter into commenity oil leases, pooling, and. unitization agreemeats. ©. ~ To borrow money, mortgage, ‘pledge, or lease ‘Trust assets for siictevie.” period of time. Trustee shall ae even =e the saree team, of fheake Trust. “@O-. To: hold ‘and ratali any i property, real or persdnal iin thie form in which the” Same may be at the time of the receipt thereof, as long as in the exercise of the Trustes’s. discretion it maybe advisable so to do, notwithstanding same ey iige be ofa character... authorized by Jaw for investment of trust funds. To invest and reinvest in the Tnistee’s astra’ and they’ shall not be rostieted in i their choice of Enecaimients topane investments.as are permissible for =. weg Gi, LP ~ Among A aT4= * ® ftdndiaioa winder any pokes fikaragjnkas ta constitute an interest in a pee Emifed liability compatty or cl ig that the incry ‘. sobithats i a held corporation, “h)- 6 area any of the Tiss for any 5 sabi’ The interest map imposed for pack: advances shall not exceed then current rates, . 7 @ : To institut, compromise and defend any sotions and vista @ : To vote, in Sicsnan orby proxy, at oorporaté meetings any shares of stock in any Trust created herein, and to participate in or consent to any voting ‘mist, - reorganization, dissolution, liq uidation, merger, or.cther action affecting any such aaaies of stock or any corporation which has issued. such shares or stock, wo. To partition, allot, and distibata, in undivided inteiest or inkind, or partly in money and partly in kind, and to sell such property as the Trustee may deem advisable to make divisions ‘or partial or final distribation of any of the Trusts. = @-: ..To make payments hereunder: directly to any beneficiary under auatait, to the guardian of his or her person or estate; to any other person deemed suitable Trustee, or by direct fayment ‘of such beneficiary's expenses. - «m): To ase additiotis of property to the Trusts; whether made by the: ‘Trustor, a member of thie Trustor’s family; by any ae — ey Py any ons Antepgeted in such beneficiaries. @ ~ Po hold on iGasit or to deposit any funds of any sii croatad hetiin, ‘whether part of the original Trust estate or received thereafter, in. one or more savings and Joan associations, bank or ottier financial institution and in such formof account whether. ” or not interest bearing, as the Trustee may determine, without ble regard to the amount of any. asu ita Hei toeat for fonds of : “such deposit or to whether or not ete a me " a a ia safety dept ots inthe ame otis Tt, (@) _ ‘Tomake distibutions to any This or bonoficiaty heréundet in éash or in’ “gpecitfic property, real of personal, of an undivided interest therein, or partly in-cash and” ~ reg ped to the na = basis of specific partlyin such property, andto do so without property so distributed. % i : le @ The powers enimzate in NRS 163.265 to NRS 164i, inclusive, ate: hereby incorporated herein to the sctlont they, ae. not conflict with any = ae of the Tanah : © ‘The enumeration. of certain BOMeee the Trustee. shall not limit the ‘Trustee’s general Poe subject always s the discharge of nalnesary obligations, ae * ig. ‘Boyce & Giohnl, LLP _Attomnoys at Law : ~75= @ * lg vidi ovith and having all the rios en * paves whic ah able owner of the sane Property would . “The Trustee shall a ive the jes hd Trast mae in scaled of. @very kind, including debt and e quity securities, to buy and sell securities; to write Sovered options on recognized options exchanges, to buy back covered options listed on such exchanges, to buy and sell listed options, indi ividually and ini combin ation, employing recognized investment techniques such as, but not limited to, spreads, straddles,. and margin and option agreements whi ch may be required by securities brokerage firms in connection wi ’ ith ee opening of accounts tn which such option transactions will be effected. 7 Farther, ihe ‘Trusteo'imay writs covered call sable buy all of types of options ing, but not limited to, listed index and foreign currency warrants, sell fully ° collateralized equity puts, spread fisted options, buy straddies and combinations, sel] uncovered equity puts, and all other types of transactions, selling of uncovered index’ and currency put options, sélling of uncovered call options, including variable (ratio) hedging, short straddles, me , short ‘omibiniations dnd the short sale of listed = and foreign currency © ‘warrants. ()- << To énournber Trust asseis in order to feat third, ‘ey toans thade-to the Trustot or any beneficiary. or any a in Siiinthe praise or any benoficiary has a direct or indirect interest, . -~- ; fu) Tn regard to the Goeratica any closcly hela business of he Trist,