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A WYICLE JPVO
AR'T'ICLE 'T'HREE
AR'T'ICLE FOUR
4.01 Marríed Settlor IncaDacitated: Distribution to Either SDouse.
If at any time, as certified in writing by two licensed physicians who are not
related by blood or marriage to either settlor or any beneficiary of this trust, either
settlor becomes physically or mentally incapacitated, the trustees shall pay to the
other settlor or apply for the benefit of either settlor, first from the community estate
until it is exhausted and then from the separate estates of either or both settlors (in
equal shares to the extent possible), as much of the net income and principal of the
trust estate as the trustees consider necessary for the settlor's health, education,
support, and maintenance.
The trustees shall act in this manner whether or not a Court of competent
jurisdiction has declared a settlor incompetent or has appointed a conservator. If a
conservator has been appointed for a settlor, however, the trustees shall take into
account any payments made for that settlor's benefit by the conservator.
This trustee power relating to incapacity shall remain in effect until, as certified
in writing by two licensed physicians who are not related by blood or marriage to
either settlor or any benefician ofthis trust, that incapacity is terminated and that
settlor is again able to manage that settlor’s own affairs.
The nonincapacitated settlor may also withdraw, from time to time, accumulated
trust income and principal of community property and of separate property
contributed by that settlor. Distribution of income and principal from community property
shall be held and administered as community property by the nonincapacitated
settlor. The trustees shall accumulate and add any undistributed net income to
principal of the community or the separate estate.
If a conservator of the person or estate is appointed for either settlor, the
THE LICETTI FAMILY 2013 LIVING TRUST
trustees
AR'T'ICLE FIVE
ARTICLESIX
AR'T'ICLE I EV J± N
(1) Visit the beneficiary to evaluate the beneficiary’s living conditions and medical care;
(2) Review the beneficiary’s needs for physical and dental examinations by
independent physicians and déntiSt9, education or training programs, work opportunities
and earnings, recreation, leisure time, and social activities; and
(3) Review the beneficiary's government benefits and eligibility for other benefits,
including, e.g., free public education and rehabilitation programs.
(4) The trustee shall seek support and maintenance forthe beneficiary from all
available public resources, including but not limited to Social Security payments,
The trustee shall not use or distribute trust assets that will:
(1) Make the beneficiary ineligible for public benefits otherwise available to the
beneficiary from any public agency, office, or department of California, any other
state, or the United States;
(2) Cause the trust assets to bear all or part of any costs of treatment, equipment,
or other assistance that would otherwise be paid by a government agency or
benefits program; or
(3) Pay for services, including residential care, rendered to the beneficiary by any
government agency or unit.
The trustee shall not reimburse from trust assets any amounts claimed by any
government
agency for material goods, servíces, or funds provided to the beneficiary.
The trustee shall terminate this trust and distribute its assets as provided herein
if:
(2) The trustee determines, in the trustee's sole discretion, that the trust
may be subject to garnishment, attachment, or execution by any creditor
(including a government agency) and that no appeal or any other legal remedy can
ARTICLEEI JII'T
6.02 DEFINITIONS.
The following definitions apply when the following terms are used in this
instrument:
(1) Whenever provision is made to pay for the education of a beneficiary, the
term “education" shall include tuition for vocational school, college, and postgraduate
study if in the trustees' discretion it is pursued to advantage by the beneficiary at an
institution of the beneficiary's choice. Payments for "educatíon" shall also include
expenses for books, supplies, and tutors. In determining payments to be made to the
beneficiary for education, the trustees shall consider the beneficiary's reasonable
related living and traveling expenses.
(2) The term "issue" refers to lineal descendants of all degrees, and the terms
"child," "children," and "issue" includes stepchildren, and adopted children.
ARTICLETEN
AR'T'ICLE T'WELVE
PABLO LICETTI,
TRUSTEE TRUSTEE
We certify that we have read the foregoing declaration of trust and that it
correctly states the terms and conditions under which the trust estate is to be held,
managed, and disposed of by the trustees. We approve the declaration of trust in all
particulars and request that the trustees execute it.
ICETTl,
SETTLOR SETTLOR
State of California
I certify under PENALTY OF PERJURY under the laws of the State of California
that the foregoing paragraph is true and correct.
Signature
SCHEDULE "A"
REAL ESTATE:
All real estate wherever situated, owned by Settlors, or either of them, or in
which Settlors, or either of them, have an interest.
1. Real Property located at: 39842 De Vendome Ct., Murrieta, California
92563, in the City of Murrieta, County of Riverside, State of California.
2. Real Property located at: 44593 Brentwood PI., Temecula, California
92592, in the City of Temecula, County of Riverside, State of California.
3. Real Property located in the Country of Lima, Peru, Apartment — Isaac
Albenis 375 4to Piso Apt #402, San Borja, Lima,
1. All cash, gold or silver bullion or coins, checking accounts, certificates of deposit,
money fund deposits, or similar cash or cash equivalent accounts now held in
the names of Settlors, or either of them.
2. All stocks, bonds, investments, and securities of any nature whatsoever now
owned
beneficially or of record by Settlors, or either of them.
3. All notes, contracts, mortgages, and deeds oftrust receivable (if any) now owned
by
Settlor, or either of them.
4. All household furnishings, goods, and appliances, and all jewelry and
personal effects, or other personal property of any nature and wherever
situated (except motor vehicles) now owned by Settlors or either of them.
5. Citibank - Citi Personal Wealth Management Account # C10-075262.
6. Citigold Account - Savings #42006495073.
7. Citigold Account - Checking #42006495065.
"" All of the above-described property consisted of, or while held in trust hereunder
9hall be deemed to be Community Property of the Settlors, EXCEPTING the property, if
any, specifically identified upon the attached Schedule "SP" as having the character
ofthe separate property of either Settlor.
ofthe trust estate any investment of other property acquired from Grantor of
Grantor's estate, with full power, neverthélé9S, IO Change and vary the form of any
any business owned by Grantor and to do all things deemed advisable in connection
therewith, including the power to incorporate or otherwise change the form ofthe
business and to put additional capital into it, as Trustee may deem best.
and improve, and to rent or lease, regardless of the length of the term, any real estate
forming a part ofthe trust estate. Trustee shall have the power to do all things necessary
firms, and to execute all documents necessary for the opening and maintenance
thereof, and on behalf of the Trust to invest the trust estate in, and to buy, sell, and
trade:
whether or not covered by like securities held in the brokerage account), and other
securities of any nature (including short sales, and sales on margin), and for such
THE LICETTI FAMILY 2013 LIVING TRUST 22
purposes Trustee may
any brokerage firm and pledge any securities held or purchased by Trustee to such
brokers as security for loans and advances made to the Trustee; and
b. Any othar real or personal property, including (but not limited to)
precious metals or stones, commodities and commodity interests, interests in oil, gas,
and mineral wells, mines, and leases, shares or interests in investment trusts and
common trust funds, leaseholds or undivided fractional interests in real estate, and
though such investments may not be of the character generally deemed permissible
made or retained with a view to possible increase in value. Trustee may at any time
hold cash or readily marketable securities of low yield for such period as Trustee may
deem advisable. The Trustee is authorized to appoint one or more investment managers
to manage all or any part ofthe assets of the Trust, and to pay reasonable compensation
to any such investment manager. Trustee may delegate to an ínvestment manager the
convert investments or other property into other investments or other property and to
securities or other property from time to time held by Trustee, or to take and keep
them unregistered, and to retain them or any part thereof in such condition that they
properties in which Trustee may be interested as Trustee upon such terms and
conditions as Trustee may deem wise, and to accept any securities which may be
exchange, convey or dispose of, or to acquire or grant options with respect to, any
property, real or personal, and any purchase or sale may be made by private
contract or by public auction, and for cash or upon credit, or partly for cash and
partly upon credit, as Trustee may deem best, and no person dealing with
10. Right to Borzoo and Provide Sacurít:y. To borrow money from any
purpose connected with the protection, preservation or improvement ofthe trust estate,
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wherever in
property forming a part ofthe trust estate upon such terms and conditions as Trustee
may deem advisable. Trustee shall have the power to expend funds of the trust
pledge of property forming a part of the trust estate. Trustee may pledge or
encumber assets of the trust estate to collateralize the loans or other obligations of
any Grantor or other beneficiary hereunder and may act as a co-borrower or guarantor
with respect to loans and obligations of Grantor or any other beneficiary hereunder.
acknowledge and deliver any and all deeds, leases, and assignments and other legal
instruments necessary or proper to carry out the provisions of this Agreement; and
to pledge, mortgage and encumber any and all assets ofthe trust estate for any
purpose, at any time, from time to time, on any terms and in any manner as the
Grantor's estate, upon such terms and conditions as Trustee shall approve.
13. L“d'a Insurance Policías. To acquire as an asset of the trust estate one
or more life insurance policies on the lives of any persons to whom the income ofthe
trust is then payable, or on the life of any person in whom such income beneficiary
has an insurable interest, from such companies and in such amounts as Trustee
may deem advisable; to pay premiums on all policies, from income or principal or
hereunder), as Trustee may determine and any euch insurance shall be payable to,
policy payable to Trustee, or any part of such proceeds, to remain with the company
under any option available under the terms of such policy, and Trustee shall not be
fiable for any loss resulting to the trust estate by reason of having permitted such
retention.
cash and partly in kind, on the basis of market values at the time of such division or
distribution, of if there be no recognized market value, at the fair value thereof. Any
made by Trustee for the purposes hereof shall be deemed presumptively correct.
17. Payment ofExpences. To pay any and all expenses, costs, lees (including
Trustee's own fees), taxes, penalties or other charges and except as otherwise
expressly provided herein to charge the same against principal or income or partly
against the principal and partly against the income of the whole or any part of any
THE LICETTI FAMILY 2013 LIVING TRUST 26
trust.
doubt, how any money or other property received, or any gain or loss realized or
incurred, shall be allocated as between income and principal, and to apportion between
income and principal any loss or expenditure in connection with the trust estate, as
Trustee may deem just, except that; (1) in the case of securities purchased at a discount
the entire subsequent sale price or maturity value shall be credited to principal; (2) in
the case of securities purchased at a premium, the premium shall be charged against
principal without amortizing the same. Only the interest component of installment
affidavit, certificate, letter, notice, telegram, or other document, or upon any telephone
and other persons whose services may be required or advisable in the administration of
settle any obligation due to or from the trust estate (including Grantor’s estate where
appropriate); to reduce the rate of interest on, and to extend or otherwise modify, or
abstain
from the enforcement of any right, obligation or claim; and to abandon, if in Trustee's
absolute discretion Trustee shall deem it advisable, any property, real or personal,
which may at any time form a part of the trust estate and of the beneficiaries
funds, and all other forms of cash reserves and deposits, including safety deposit
boxes, whether or not interest bearing, and to maintain said cash accounts and
reserves with any institution or depository deemed appropriate by the Trustee. If the
office of Trustee is held by Co- Trustees, and all Co-Trustees shall so instruct the
depository, checks and withdrawals may be signed and made by any one Co-Trustee
without the co-signature of any other Co- Trustee. Such accounts and deposits shall
function as would the Trustee in connection with any cash accounts or reserves
including the authority to make deposits to and withdrawals from such cash accounts
and reserves. All Deputy Trustees shall serve at the pleasure of the Trustee, and
may be removed from office by the Trustee at any time, for any reason deemed
agreement delegate the authority and responsibility for exercise of certain of these
advisors, and the execution of any documents) to one or more designated Co-
conformity with the provisions of this Paragraph shall be binding upon this Trust, its
Trustee, its trust estate, and all beneficiaries hereunder. Whenever evidence of
delegation of authority under the provisions ofthis Paragraph has been furnished to a
party, such party may thereafter, until and unless written notice to the contrary from
that all acts and transactions of the Co- Trustee or Co-Trustees to whom such authority
was delegated (so long as they are within the scope of the delegation of authority)
have in all respects been duty and regularly authorized and all consents required
under the provisions of Paragraph 26 below with respect to such acts and transactions
Trustee is occupied by two Co-Trustees, such Co-Trustees must exercise the powers of
TFU9téé by unanimous consent. Ifat any time the office of Trustee shall held by
more than two Co-Trustees, and such Co-Trustees shall be unable to agree with
respect to any matter relating to the administration of this Trust, the decision and