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HomeMy WebLinkAbout966791STATE OF WYOMING SS. COUNTY OF LINCOLN AFFIDAVIT OF DISTRIBUTION PURSUANT TO WYOMING STATUTES 2 -1 -201 FOR THE ESTATE OF DARLENE BEVERLY PEDERSEN COMES NOW Thomas M. Baker, after being sworn and under oath, hereby stating pursuant to Wyoming Statutes 2 -1 -201, which authorizes Affidavits of Distribution, as follows: 1. That Darlene Beverly Pedersen, a resident of Thayne, Wyoming, died on August 8, 2012. An official copy of the Certificate of Death of Darlene Beverly Pedersen is attached hereto. 2. That Darlene Beverly Pedersen died testate. A copy of her Last Will and Testament, dated October 16, 2008, is attached hereto. 3. That the Last Will and Testament of Darlene Beverly Pedersen complies with the requirements of Wyoming Statutes 2 -6 -114 and is therefore, a self proving will. 4. That the Last Will and Testament of Darlene Beverly Pedersen names the Successor Trustee of The Darlene Beverly Pedersen Living Revocable Trust dated October 16, 2008 as the beneficiary of her estate. I am the Successor Trustee of that Trust. I am also the sole beneficiary of the Trust. Copies of the relevant pages from the Trust, showing that I am the Successor Trustee and the sole beneficiary of the Trust are attached hereto. AFFIDAVIT OF DISTRIBUTION PURSUANT TO WYOMING STATUTES 2 -1 -201 FOR THE ESTATE OF DARLENE BEVERLY PEDERSEN PAGE 1 OF 3 00©6 RECEIVED 9/13/2012 at 11:38 AM RECEIVING 966791 BOOK: 794 PAGE: 6 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY hereby state: 0000'7 5. That, in accordance with the requirement of Wyoming Statutes 2- 1- 201(a), I a. That the value of the entire estate of Darlene Beverly Pedersen, wherever located, less liens and encumbrances, does not exceed Two Hundred Thousand Dollars ($200,000.00). Pedersen. b. That Thirty (30) days have elapsed since the death of Darlene Beverly c. That no application for appointment of a Personal Representative is pending or has been granted in any jurisdiction. d. That pursuant to the Last Will and Testament of Darlene Beverly Pedersen and The Darlene Beverly Pedersen Living Revocable Trust dated October 16, 2008, I am the beneficiary of her Estate. There are no other persons or entities having a right to said assets under probate proceedings. 6. That as beneficiary of the Estate of Darlene Beverly Pedersen, and as beneficiary of The Darlene Beverly Pedersen Living Revocable Trust dated October 16, 2008, I hereby request that the following asset jointly belonging to Darlene Beverly Pedersen and to me, be transferred to "Thomas M. Baker a 2008 Honda Van, VIN No. 5FNRL38628B401426, currently titled in the name of "Thomas Milton Baker Darlene Beverly Pedersen The original Certificate of Title is enclosed with this Affidavit. AFFIDAVIT OF DISTRIBUTION PURSUANT TO WYOMING STATUTES 2 -1 -201 FOR THE ESTATE OF DARLENE BEVERLY PEDERSEN PAGE 2 OF 3 WITNESS my hand and official seal. M KEVIN VOYLES NOTARY PUBLIC 4 County of State of Lincoln Wyoming My Commission Expires: July 16, 2015 My Commission expires: 07 /6 1 DATED this 12 day of September, 2012. AFFIDAVIT OF DISTRIBUTION PURSUANT TO WYOMING STATUTES 2 -1 -201 FOR THE ESTATE OF DARLENE BEVERLY PEDERSEN PAGE 3 OF 3 HOMAS M. BAKER 000 8 ON THIS, the 124 day of September, 2012, Thomas M. Baker, affiant herein, appeared before me, and being duly sworn under oath, affirmed that the facts stated in this Affidavit of Distribution are, to the best of his knowledge, information, and belief, true and complete. CERTIFICATION OF VITAL RECORD PRINT PERMANENT 0461..106 b0 NDYU5E 5917 C PEN State of Idaho CERTIFICATE OF DEATH Way earl. 71. POCUMWIttOillf ME ST.n!REee04.. W r N.M. A :Local .Re .NO. ale; MIL 4se4usEO.d rows coos, a or IM c .:n. irennP p NP COM p::... 9 1,DECEbENTS NAME (In JW AKA's If a y)YFirel. Mltldle,leal. SOU) _2. SEX .3. SOCIAL SECURITY NUMB TYPE OR L DARLENE BEVERLYPEDERSEN N 4e, AGE•Las0 Birthday I 4b.UNDER 1 YEAR AC, UNDER 1 DAY 5. DATE OF BIRTH (Mo)Day/yr)'. O Months Days Hours Minutes ;7r 12/14/1934 N C T __.NTY 74/. CfTV OR TOWN 74/: RESIDEN •STATE ORFOREIOOUNRY �7h. COUN ON '.WYOMING LINCOLN .THAYNE: fi,:APT NO.. ,7 OZIP 0OD0 '79. INSIDE CITY.. LIMITS? 83127 7 CI Ye. Sy:Nb 9 SURVIVING SPOUSE'S NAME (II wlfe,SN0,neidenrlame) THOMAS M:B'AKER 11i BIRTHPLACE (Slate, Temtory, or Foreign Co I 706 INaTRUbmo6s Td STREE AND NUMBER' 999 '600560060 723.`COUNTRY CLUB WAY OF m 8. MARITAL STATUS AT TIME OF DEATH LL c...0.Memed A Menled, but separated 0 Widowed 0 Divorced 0 Never monied 0 Unknown OS EVER IN US. I Y to FATHER'S NAME (First, Nlldtlle, Lost Suns) .FORCES ROY PRENTISS' 0 Y, 1 MOTHER'S MAIDEN NAME (First, Middle,; Last. Sulfivj ,,E!.7 No ;.ELIZABETHMILt.ER (.3 13a. INFORMANT'S NAME (Typo or print) THOMAS BAKER a V 1'1 METHOD OF DISPOSITION 0 Burial 0 Cremation 0 Entombment O rj'. amova tlrom lde INFORMANT DISPOSITION PLACE O DEATH DATE OF DEATH CAUSE 0 DEATH ITEMS 32-38 TO OE USED FOR EXTERNAL. CAUSES O IcoROn sib. RELATIONSHIP TO DECEDENT I3c, MAILING AOORESS:(St eel'and Numba C ly Slate, Z)D Code) HUSBAND' P.O. BOX 927s'THAYNE, ➢Va7 831 15. PLACE OF DISPOSITION (Name and address of cemetery. 16. NAME AND COMPLETE "A'DDRESS'Oi FUNERAL FACILITY crematory, other place) .EAGLEROCK'CREMATORY WOOD FUNERAL HOME 273 NORTH FUDGE AVENUE,. 273 NORTH RIDGE AVENUE D OInec(So silt') IDAHO FALLS IDAHO 83402' IDAHO FALLS IDAHQ 83402: 174/ SIGNATURE OF FUNERAL SERVICE LICENSEE OR PERSON ACTING AS SUCH 17b LICENSE NUMBER (Of ltce see) 19. WAS CORONER CONTACTEb,. DUE TO CAUSE OF DEATH? l' ELECTRONICALLY`FILED: B R I AN J,' WOOD.' S'M1:103 v4/ F PLACE OF DE (19:22(.. 19a. IF DEATH OCCURRED IN A HOSPITAL:. 1914. IF DEATH OCCURRED SOMEWHERE OTHER THAN A HOSPITAL: 1S I peliah) 2 DERIOulpelienl J.0130A d, ['Hospice facility 50 Nursing hone/Long lens care (tidily 60Decedenl'e home 70 Other (Specify) 20 FACILITY.NAME fO p91 dety gwe strael and umber) 21. CRY TOWN OR LOCATION OF DEATH, AND ZIP CODE 22. COUNTY OF DEATH EASTERN10AH0 R EGIONAL MED CENTE IDAHO FALLS: 6313404 BONNEVILLE 24. TIME OF DEATH 25','DAYErRONOUNCED DEAb(MoID y)V) (Spell month) 26 TIME FRONbUNC (DEAD 23. DATE OF DEATH (Mu)Day/Yr) (Spell month) August 8, 2012 -IDAHO DEPARTMENT OF HEALTH AND WELFARE BUREAU OF VITAL RECORIS AND HEALTH`; STATISTICS 11:04 August 8, 2012 27, CAUSE OF DEATH PART 1. Enter the chain of events -diaries, inludes. or Com)ltcettons -that directly caused the deaths DC 1007 enter ledhinal eVedls:suc5.es cardiac arre01 t.CPI'atory arms), or ventricular 9bdllalbn without showing Ihe etiology. DO NOT ABBREVIATE. Enler only one cause On a line:' '..y: ACUT.ERESPIRATORY.FAILURE DUE TO (or .e a dbfsibuence.60 IMMEDIATEOAUSE (Final dteeese ot'yondfIbn 4.-if E 1H19854)1ions, any, leading to the mats 'O listed on line a Erile Me; UNDERLVINO'SAUSE D LAST (disease or inlury C That Initialed the events AC YDI UTERESPIRATORST .RESS.SYNDROMe.. DUE TO (or as a nlollsegoRnc. 01» C, NEUROMUSCULAR WEAKNESS DUE TO for as a conae00enhe o0: ii a resullbq In death) :W d PANCREATITIS 3EEKS h PART 11 Enter, other ek IIce f rgnAOo NhNi 1 death but not resulting In underlying cause given In Pert I 26a, WAS AN AUTOPSY NM. WERE UT AO PSY FINDINGS OF DEAT CEREBROVASCULAR ACCIDENT. CHRONIC DEMENTIA SEPSIS PERFORMED? AVAICABLE a THE CAUSE OF DEATH? 29. DID TDBACCO;USE 30,1E FEMALE (Aga: e CONTR)BU,TE TO DEA'TIIT 0 '0 Ya.. S No .0' Yee 0 No Not(He m(yel hln past.year 0 No pregnant' foul. prep s I'aJ days 31,' MANNER OF DEATH m to I •y A bardre death 0 Ve0 0 Probably 0 Pieorianl of brae of death- S,_N 10161 0 HbmloJde' O No Unknown D Nolpre9 nOwl oregnanl 014 nown IFregnanl; 1hl Ih 0as( O. 4 0 Pe 4/I 11071: O 0 within 42 days 0) death year O'.SUTAId9 0 C0u)dllbl,be deleflnIned 32:: DATE.OF INJURY (Mo/Day/Yr) Spell: month)_. 33. TIME OF INJURY 34, PLACE OF INJURY (Decedent's home, fano, sleet, construction site. 3s. INJURY: AT WORK? (24hr) nursing home, realaurant, forest, etc.) ONLY 36.LOCA7IGN.OF INJURY:. E1): 5160 City /Town or County is ,ZIP Code W CJ 51rpe1 and Number Lodalb AOanm N I u be 77. SPEC HOW EHRY ODECERED ¢TRANSPORTATION 0.5 INJURY STATE THE TYPES(5) OF yEHICLE(5)INVOLVED IA 1 mobda, Otck P 1 rOYpie.AN bi y le: e(c.) SPECIFY IFY V WHICH VEHICLE DECEDENT OCCUPIED. aPD!ipable ,TRANSPORTATION 38a. WAS DECEDENT: 0 Ddver/Openlor 0 Passenger ,365. WHAT SAFETY DEVICES(I) 510 DECEDENT USEIE■Ot.ep? I NJU R Y Q NLV D Padesinan 0: 0lher (spe 0 Seal ben 0 Child solely seal 0 Helmet 0 Alr bap 0 None 0 Unknown m azia t 390.CERTIFIER (Chmdk only pre; based on .1)41.1 capacity for IhisclfOMOOle) 396. LICENSE NUMBER S :PHYSICIAN 0 PHYSICIAN ;ASSISTANT::. 0ADVANCED ;PRACTICE PROFESSIONAL NURSE M•06630 IF O6ATN WAS Mk To a Des! of rnyknowledge :death occurred,* the lime. dole. and olece and duels the nalur91 eabs9(symanna staled.. 'WETO OTHER 9)5 6941IIRAL O CORONER On Ihe basis o1'eiamina5. and/or'nves1 1' n h lime: dale, 4Alaca, and due Id 15004 04s c006ES. 9a q Y miners, d a1H,dceurled. 1, THE CORONER and manner elated.' ii.:/ 2612 MI Signature and 7111. of Certifier I DOUGLAS N. WHATMORE, M.D." :•M Po: T1Y V hoPEL TEAND eroNTHE 39d NAME, ADDRESS 10413,011 ODE OF CERTIFIER (Type or print) O6R n Ae M WHAT ORE 3200 CHANNINGWAYIDAHOFALLS, ID 83404, FEMALE i 6 01RTHPI.AC0 (Clty.and Stale Terdlory ,orFoeipn Country) 'VAN NUYS; CALIFORNIA This is a true -and correct'teproduction" of the document officially registered and placed on file with the IDAHO BUREAU OF VITAL RECORDS AND HEALTH STATISTICS OKLAHOMA Y 26. BIRTHPLAGE'(S(aI T rdlory FOrelgn COUnlry) :rYENN.ESSEE '11:04 •Approsinfaje 1015,061;. •O se) to Death. 3 WEEKS 3 WEEKS 400, DATE SIGNED 701?. S B *YDELOTTE .STATE.1EE6ISTRAR nAeA:.•.. EA,... AA. AAAAA. AAAAAAA .TAh.AA..AA.AA.FAAAAAAAA.AAA F 441 DATE ISSUED: 'UA This.COpy not valid unles prepared on engraved border displaying:state seal and signature of the Registrar, PBNCO (RSYl0149 50 LAST WILL AND TESTAMENT OF DARLENE BEVERLY PEDERSEN 0 010 I, DARLENE BEVERLY PEDERSEN, of Thayne, County of Lincoln, State of Wyoming, being of sound and disposing mind and memory and being in reasonably good health, but mindful of the uncertainties of life, hereby make, publish and declare this to be my Last Will and Testament, hereby revoking all previous wills and codicils heretofore made by me. FIRST: I direct that all my just debts and obligations, including my funeral expenses, the expenses of my last illness, and the expenses of the administration of my estate, be paid by my Personal Representative, hereinafter named, as soon as is reasonably possible. SECOND: I give any and all of my tangible personal property (including but not limited to, jewelry, clothing, household furniture, furnishings and fixtures, chinaware, silver, photographs, works of art, books, boats, automobiles, all artifacts relating to my hobbies, and all other articles of household or personal use) that I list on a written, signed, and dated memorandum that may be left by me, in accordance the distributions specified therein. Should I leave multiple written memorandums which conflict as to the disposition of any item of my tangible personal property, then that memorandum which is dated last shall control as to any items which may be in conflict. LAST WILL AND TESTAMENT OF DARLENE BEVERLY PEDERSEN PAGE 1 OF 4 THIRD: All of the remainder of my estate, be it real, personal or mixed property, wherever situate, I give, devise, and bequeath to the Successor Trustee(s) of THE DARLENE BEVERLY PEDERSEN LIVING REVOCABLE TRUST dated October 16, 2008, and any amendments thereto. FOURTH: I hereby nominate, constitute and appoint THOMAS M. BAKER to act as Personal Representative of this my Last Will and Testament and I direct that the said Personal Representative shall not be required to give any bond or other surety in connection with qualifying or acting in this capacity. In the event that he fails to survive me, or if he is unable or unwilling to serve, then I nominate, constitute and appoint LYNN D. GILBERT to serve as Personal Representative of this my Last Will and Testament and I direct that the said Personal Representative shall not be required to give any bond or other surety in connection with qualifying or acting in this capacity. If, for any reason, she is unable to serve, then I nominate, constitute and appoint ERIC LEROY PEDERSEN as Personal Representative of this my Last Will and Testament and I direct that the said Personal Representative shall not be required to give any bond or other surety in connection with qualifying or acting in this capacity. FIFTH: I hereby give my Personal Representative appointed herein, in addition to and not in limitation of their statutory and common law powers, the following powers: a. To settle and compound any claims either in favor of or against my estate, to execute all proper and necessary conveyances, and to give full receipts and discharges. b. In general, to do and to perform all acts and things whatsoever that the Personal Representative could do and perform if he or they were the absolute owner thereof. No Personal LAST WILL AND TESTAMENT OF DARLENE BEVERLY PEDERSEN PAGE 2 OF 4 00011. Representative shall be liable for the acts, omissions, or defaults of any agent appointed with due care, no Personal Representative shall be liable for the failure to contest the accounts of any preceding Personal Representative, and no Personal Representative shall be liable for the failure to redress a breach of trust. c. To sell, convey, exchange, transfer, assign, mortgage, pledge, invest, or reinvest the whole or any portion of my real or personal estate. IN WITNESS WHEREOF, I, DARLENE BEVERLY PEDERSEN, have hereunto set my hand to this my Last Will and Testament, typewritten on four (4) pages, including the attestation clause and signature of witnesses, this 16th day of October, 2008. We, C /LLR7 LAST WILL AND TESTAMENT OF DARLENE BEVERLY PEDERSEN PAGE 3 OF 4 &1L DARLENE BEVERLY PEDERSEN 0 4• 61.6 DARLENE BEVERLY PEDERSEN I, DARLENE BEVERLY PEDERSEN, the testator, sign my name to this instrument this 16th day of October, 2008, and being first duly sworn, do hereby declare to the undersigned authority that I sign and execute this instrument as my Last Will and Testament, and that I sign it willingly, that I execute it as my free and voluntary act for the purposes therein expressed, and that I am an adult person, of sound mind, and under no constraint or undue influence. and k»V t 67q g16% 00012 the witnesses, sign our names to this instrument, being first duly sworn, and do hereby declare to the undersigned authority that the Testatrix signed and executed this instrument as her Last Will and Testament, that she signed it willingly; and that she executed it as her free and voluntary act for the purposes therein expressed; and that each of us, in the presence and hearing of the Testatrix, hereby sign this as witnesses to the Testatrix's signature, and that, to the best of our knowledge, the Testatrix is an adult person, of sound mind, and under no constraint or undue influence. L a..ti,,tel C WITNESS RESIDING S ING tombs_ T „el,/ 4erre.c,, 01_04 WITNEOS RESIDING AT STATE OF WYOMING SS. COUNTY OF LINCOLN SUBSCRIBED AND SWORN TO before me by DARLENE BEVERLY PEDERSEN, the testator, and subscribed and sworn to before me by CHR /5 4Lie970 and ,k0y4/4 6-R /.r4 /hZ witnesses, this 16th day of October, 2008. WITNESS my hand and official seal. M, KEVIN VOYLES NOTARY PUBLIC COUNTY OF '1. STATE OF LINCOLN WYOMING MY COMMISSION EXPIRES JULY 16, 2011 My Commission expires: 07//6/// LAST WILL AND TESTAMENT OF DARLENE BEVERLY PEDERSEN PAGE 4 OF 4 000'1 THE DARLENE BEVERLY PEDERSEN LIVING REVOCABLE TRUST DATED OCTOBER 16, 2008 DARLENE BEVERLY PEDERSEN SETTLOR and DARLENE BEVERLY PEDERSEN TRUSTEE THE DARLENE BEVERLY PEDERSEN LIVING REVOCABLE TRUST OCTOBER 16, 2008 PAGE 1 OF 13 UU1 WHEREAS, the above -named Sett lor desires to create a revocable living trust effective this date, and the above -named Trustee agrees to act as Trustee thereof, NOW, THEREFORE, Sett lor and Trustee mutually agree as follows: ARTICLE 1: TRUST ESTATE 1.01. Initial Trust Estate. Settlor, by this Agreement, does hereby convey, transfer, assign, set over, and deliver to Trustee all of the properties described in Schedule A, attached hereto, and by this reference incorporated herein. Any bank account, certificate of deposit, certificate of title, or other document evidencing ownership which hereafter bears the name of DARLENE BEVERLY PEDERSEN, TRUSTEE, as a person authorized to withdraw funds or to negotiate said instrument, shall be deemed to be part of this Trust Estate and shall be distributed according to the terms of this Trust unless there is a written memoranda signed by Settlor indicating that the account or instrument is not part of the Trust Estate. All of the properties so identified, and /or transferred and delivered to the Trustee, shall constitute the Trust Estate and shall be held, managed, and distributed as provided herein. 1.02. Additions to Trust. Settlor, or any other person, may, from time to time, deposit with the Trustee additional properties, assets, or life insurance policies, and may transfer, bequeath or devise by Will, other properties to the Trustee. 1.03. Name of Trust. For convenience, this Trust shall be known as the "THE DARLENE BEVERLY PEDERSEN LIVING REVOCABLE TRUST For purposes of beneficiary designations, transfers to the Trust, and formal correspondence, the Trustees shall be referred to as "DARLENE BEVERLY PEDERSEN, TRUSTEE (or her successor Trustee), of THE DARLENE BEVERLY PEDERSEN LIVING REVOCABLE TRUST dated October 16, 2008 ARTICLE 2: DISPOSITION OF TRUST INCOME AND PRINCIPAL DURING THE LIFE OF SETTLOR 2.01. Powers Reserved by Settlor. While Settlor is living, Settlor shall have the following powers: (a) Enumeration of Powers. (1) Adding or Removing Trust Property. Settlor shall have the absolute right to add to the Trust Estate at any time. Settlor shall also have the absolute right to remove her separate property, in whole or in part, from the Trust Estate at any time. Both of these rights shall be exercised in writing. THE DARLENE BEVERLY PEDERSEN LIVING REVOCABLE TRUST OCTOBER 16, 2008 PAGE 2 OF 13 000 3.02. Distribution of Settlor's Tangible Personal Property. (a) To Thomas M. Baker, if he survives me. THE DARLENE BEVERLY PEDERSEN LIVING REVOCABLE TRUST OCTOBER 16, 2008 PAGE 5 OF 13 ki (a) Use of Memorandum to Distribute Tangible Personal Property. The Trustee shall distribute Settlor's jewelry, clothing, household furniture, furnishings and fixtures, chinaware, silver, photographs, works of art, books, boats, automobiles, sporting goods, all artifacts relating to Settlor's hobbies, and all other tangible articles of household or personal use which are or become part of the Trust Estate in accordance with any written, signed and dated memorandum left by Settlor directing the distribution of such tangible personal property. Any memorandum written, dated and signed by Settlor disposing of Settlor's tangible personal property shall be incorporated by reference into this Agreement. Should Settlor leave multiple written memorandums which conflict as to the disposition of any item of tangible personal property, that memorandum which is last dated shall control as to the disposition of those items of tangible personal property which are in conflict. (b) Distribution of Tangible Personal Property Not Distributed by Memorandum. All of Settlor's tangible personal property that is or becomes part of the Trust Estate that is not disposed of by memorandum shall be distributed at the discretion of the Trustee. Any decision made by the Trustee with respect to either the selection or sale of Settlor's tangible personal property shall be final and shall be binding on all beneficiaries. 3.03. Distribution of Remainder of Property. Upon the death of Settlor, all of Settlor's property not otherwise disposed of, shall be distributed as follows: (b) To my children, Lynn D. Gilbert, Eric Leroy Pedersen, Peter Bernard Pedersen, and Ellie Elizabeth Mastopoalo, per stirpes. 3.04. Distribution to Minors. If, under this Article, any portion of the Trust Estate becomes distributable to any person who has not attained the age of twenty -one (21) years, then such portion of the Trust Estate shall immediately vest in such person, but notwithstanding the provisions of this paragraph, the Trustee shall retain possession of such portion of the Trust Estate during the period such person is under the age of twenty -one (21) years, and in the meantime shall use, apply and expend so much of the net income and principal of said vested portion of the Trust Estate as the Trustee, in the Trustee's discretion, shall deem necessary and desirable for the health, support, care, maintenance, and education of such person, and any income not so expended in any calendar year shall be added to the principal at the end of the year. The Trustee shall have with respect to each share so retained, all the powers and discretion they have with respect to the Trust Estate generally. When such person attains the age of twenty one (21) years or dies, the Trustee shall promptly distribute the balance of such portion to the persons then entitled to receive such portion. ARTICLE 6: PERPETUITIES AND SAVINGS CLAUSE 00017 Unless sooner terminated in accordance with other provisions of this Agreement, the Trust created under this Agreement shall terminate twenty -one (21) years after the death of Settlor. All principal and undistributed income of the Trust, when so terminated, shall be distributed to the then income beneficiaries of that Trust in the proportions in which they are entitled, provided, however, that if the rights of income are not then fixed by the terms of the Trust, the distribution under this clause shall be made in equal shares to those beneficiaries who are then entitled to receive income payments. ARTICLE 7: WAIVER OF DUTIES OF PERSONS DEALING WITH THE TRUSTEE No person dealing with the Trustee shall be obligated to see to the application of any monies, securities, or other properties paid or delivered to the Trustee, or to inquire into the expediency or propriety of any transaction, or the authority of the Trustee to enter into and consummate the same upon such terms as the Trustee may deem advisable. ARTICLE 8: CONSOLIDATION OF TRUST SHARES For convenience of administration and for investment purposes, the Trustee of the Trust is authorized to hold the several shares of the Trust Estate in a common fund, to divide the income proportionately among the several shares, to assign an undivided interest in the several shares, and to make joint investments of the funds belonging to the Trust Estate. ARTICLE 9: TRUSTEE AND SUCCESSOR TRUSTEES If the Trustee herein named, DARLENE BEVERLY PEDERSEN shall, for any reason, cease to act, be unable to act by reason of mental or physical disability, or die, then, in such event, THOMAS M. BAKER shall act as successor Trustee. If, for any reason, he is unable or unwilling to act as Trustee, LYNN D. GILBERT shall act as successor Trustee. If, for any reason, she is unable or unwilling to act as successor Trustee, ERIC LEROY PEDERSEN shall act as successor Trustee. ARTICLE 10: ACCOUNTING Each year during the existence of the Trust Estate, the Trustee may render to the beneficiaries of the Trust a statement setting forth the Trustee's receipts and disbursements as Trustee hereunder. THE DARLENE BEVERLY PEDERSEN LIVING REVOCABLE TRUST OCTOBER 16, 2008 PAGE 9 OF 13 to be an original. ARTICLE 19: ACCEPTANCE OF TRUST The Trustee hereby accepts the Trust created by this Agreement, and agrees to effectuate the provisions hereof to the best of the Trustee's abilities. The Trustee and successor Trustees shall not be responsible for any mistake in the Trustee's judgment, or for any decrease in value of the Trust Estate resulting from any cause whatsoever. The Trustee and successor Trustees shall not be required to give any bond or other security for the faithful performance of the Trustee's duties hereunder. ARTICLE 20: PROTECTIVE CLAUSE To the fullest extent permitted by law, the interests of all of the beneficiaries in the Trust and Trust Estate subject to this Agreement shall not be alienated, pledged, anticipated, assigned, or encumbered unless specifically authorized by the terms of this Agreement. ARTICLE 21: CONTEST CLAUSE If any beneficiary, other than Settlor, shall in any manner, directly or indirectly, attempt to contest or oppose the validity of this Agreement, including any amendments thereto, or commences or prosecutes any legal proceedings to set aside this Agreement, then, in such event, such beneficiary shall forfeit his or her share, cease to have any right or interest in the Trust Estate, and shall be deemed to have predeceased Settlor. IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year first above written. DARLENE BEVERL 'PEDERSEN, SETTLOR Spa.- 6 gie.td_L-,,_ DARLENE BEVERLY PEDERSEN, TRUSTEE THE DARLENE BEVERLY PEDERSEN LIVING REVOCABLE TRUST OCTOBER 16, 2008 PAGE 12 OF 13 00018 STATE OF WYOMING SS. COUNTY OF LINCOLN BEFORE ME, THE UNDERSIGNED, a Notary Public, in and for the State of Wyoming, personally appeared DARLENE BEVERLY PEDERSEN, signer of the above instrument, on this, the 16th day of October, 2008, and he duly acknowledged to me that he executed the same as Settlor. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. CHRISTINA K. ALLRED NOTARY PUBLIC COUNTY OF LINCOLN STATE OF WYOMING MY COMMISSION EXPIRES 04/30/2009 My Commission expires: LI 36 -vcJ STATE OF WYOMING SS. COUNTY OF LINCOLN CHRISTINA K. ALLRED NOTARY PUBLIC COUNTY OF r ,i; STATE OF LINCOLN t" rj.' WYOMING MY COMMISSION EXPIRES 04/30/2009 My Commission expires: di A JA NOTARY PUBLIC CL 0 NOTARY PUBLIC THE DARLENE BEVERLY PEDERSEN LIVING REVOCABLE TRUST OCTOBER 16, 2008 PAGE 13 OF 13 BEFORE ME, THE UNDERSIGNED, a Notary Public, in and for the State of Wyoming, personally appeared DARLENE BEVERLY PEDERSEN, signer of the above instrument, on this, the 16th day of October, 2008, and he duly acknowledged to me that he executed the same as Trustee of THE DARLENE BEVERLY PEDERSEN LIVING REVOCABLE TRUST. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written.