IRREVOCABLE LIVING TRUST AGREEMENT

IRREVOCABLE LIVING TRUST AGREEMENT

THIS IRREVOCABLE LIVING TRUST AGREEMENT, (hereinafter “Trust”), is being made
this _______ day of _______________, 20 _____, by and between MS. XXX
of address XXX, and of phone number
XXX, as the Trustor, and serving as Trustee. This Trust shall be known as XXX, and shall be administered in accordance with the
following terms:

ARTICLE I
INTRODUCTION

(A)  TRUST PURPOSE
This Trust is being created to provide for the convenient administration of the assets of the
Trustee without the necessity of court supervision in the event of the Trustor’s incapacity or
death. Any person shall deal with the Trustee without the approval of any court, the Trustor, or
any beneficiary of any Trust created by this Trust, and shall assume that the Trustee has the same
power and authority to act as an individual does in the management of his or her own affairs.
Further, any person presented with a copy of this page and any other page of the Trust shall
accept same as conclusive proof of the terms and authority granted by this Trust, and shall
assume that no conflicting directions or terms are contained in the pages omitted.
(B)  TRUST ASSETS
MS. JOHNNIE PECK NELAON, as Trustor, does hereby assign, convey and deliver to the
Trustee, all of the Trustor’s right, title, and interest in and to all real and personal property,
tangible or intangible, of any nature, in any location, which may be owned by the Trustor or later
acquired by the Trustor, unless an exception to the conveyance of a particular property interest is
made in this Trust Agreement. Said property shall include, but shall not be limited to:
 [ENTER ASSETS]
(C)  ABSTRACT OF TRUST
In order to facilitate the convenient administration of the Trust, including the registration and
transfer of assets to and from the Trust, the Trustee shall have the power to execute an Abstract
of Trust describing any Trust matter, including but not limited to a description of the Trust terms,
the administrative powers of the Trustee and the identity of any current Trustee. Any person who
receives an original or photocopy of said Abstract of Trust shall be held harmless from relying
on same, and shall not be obligated to inquire into the terms of the Trust or maintain a copy of
the Trust.
(D)  SUGGESTED TRUST REGISTRATION
During the life of the Trustor, assets may be registered to the Trust as follows:
MS. JOHNNIE PECK NELAON, Trustee, or her successors in trust, under THE KALISE
TIMBERS Irrevocable TRUST dated the _____ day of ____________, 2023, and any
amendments thereto.
Other forms of registration are permissible.
(E)  TAX IDENTIFICATION
During the life of the Trustor, the Trust shall be identified by the Trustor’s Social Security
Number. Upon the death of the Trustor, the Trustee shall apply to the IRS for a tax identification
number for the Trust and any other Trust created by this Trust Agreement.

ARTICLE II

ADMINISTRATION DURING THE LIFE OF THE TRUSTOR

(A)  TRUSTEE

The Trustee of this Trust shall be the Trustor, MS. JOHNNIE PECK NELAON. If the Trustee
cannot continue to serve for any reason, the Successor Trustee shall be ___________, and if
__________ shall be not willing and/or able, then ________ shall serve as the Successor Trustee.
The powers of the Trustee and the Successor Trustee are set forth in Article VI, below.
(B)  DISPOSITION OF INCOME AND PRINCIPAL
(1) AT THE DIRECTION OF THE TRUSTOR
The Trustee shall manage the property of the Trust estate, collect the income, and shall pay from
the income of the Trust such amounts and to such persons as the Trustor may from time to time
direct. In the absence of direction, the Trustee may accumulate the net income or may disburse
any portion of the net income to or for the benefit of the Trustor, MS. JOHNNIE PECK
NELAON.
In addition, the Trustee shall pay from the principal of the Trust such amounts and to such
persons as said Trustor may direct. In the absence of direction, the Trustee may pay from the
principal of this Trust such amounts as may be necessary for the health or maintenance of the
standard of living of Trustor.
(2) DURING THE INCAPACITY OF THE TRUSTOR
In the event MS. JOHNNIE PECK NELAON is incapacitated as defined by this Trust
Agreement, the Successor Trustee may apply or expend all or a part of the income and principal
of this Trust, or both, for the health and maintenance of MS. JOHNNIE PECK NELAON in her
accustomed manner of living.
During any period of incapacity of the Trustor, and provided sufficient resources exist for the
care of the Trustor, the Successor Trustee is authorized to make distributions to or for the benefit
of any issue of the Trustor who have no other financial resources and require said distribution for
their health or support. In this regard the Successor Trustee shall consider all financial resources
available to a beneficiary prior to making an invasion of this Trust, including, but not limited to,
the ability of said beneficiary to earn a living. In no event may a Successor Trustee participate in
the exercise of this power in favor of himself/herself.
(C)  RIGHT TO ADD TO PRINCIPAL
The Trustor, MS. JOHNNIE PECK NELAON, may, at any time and from time to time add
property acceptable to the Trustee to the Trust.
(D)  RIGHT TO REVOKE AND AMEND
The Trustor, MS. JOHNNIE PECK NELAON, does not reserve the right to revoke or amend this
instrument.

ARTICLE III

ADMINISTRATION AFTER THE DEATH OF THE TRUSTOR

(A)  TRUSTEE
The Trustee (meaning the Successor Trustee then acting as Trustee), shall continue to administer
the assets of this Trust as well as any property received by this Trust under the terms of the
Trustor’s will or from any other source to the extent it is included in the Trustor’s gross estate for
Federal Estate Tax purposes, and shall distribute said assets as provided below.
(B)  COLLECTION OF PROCEEDS
The Trustee may take such action as is necessary to collect the proceeds of any life insurance
policy, or provide for the payment of retirement plan, IRA, or other benefits payable to the Trust.
If probate administration has not or will not be commenced, the Trustee shall have the power to
collect tax refunds, health insurance, proceeds, refunds under any contract, death benefits, or any
other item which might otherwise be payable to the deceased Trustor’s estate.
(C)  DEBTS AND EXPENSES

The Trustee may, in the Trustee’s sole and absolute discretion, pay to the estate of the Trustor
from the principal or income of the Trust prior to distribution to any trusts created hereunder or
any other distributee, such amounts as may be needed to pay all or any part of the deceased
Trustor’s just debts, funeral expenses, and the administration expenses of the Trustor’s estate.
Alternatively, the Trustee may, but shall not be obligated to, pay such expenses directly.
(D)  DEATH TAXES
The Trustee shall pay to the estate of the deceased Trustor or the appropriate tax authorities all
estate and inheritance taxes that may become payable by reason of the Trustor’s death in respect
to all of the property comprising the Trustor’s gross estate for death tax purposes, whether or not
such property passes under this Trust, under the Trustor’s will or otherwise. However, the
Trustee shall have the right of contribution as provided in Sections 2207 and 2207A IRC, if it is
applicable.
(E)  DISTRIBUTIONS TO THE TRUSTOR’S ESTATE
In addition to the distributions provided for in paragraphs C and D of this Article, the Trustee
may pay to the Probate Estate of the deceased Trustor as much of the income and principal of
this Trust as the Trustee deems necessary for any purpose.
(F)  SPECIFIC GIFTS OF TANGIBLE PERSONAL PROPERTY
Upon the death of the Trustor, the Trustee shall make such gifts of the tangible personal property
of the Trustor held or acquired by the Trust as may be directed by the Trustor’s Will, or as may
be directed by a list, letter, or other writing of the Trustor permitted by the Will. The cost of
storing, packing, shipping and insuring any tangible personal property gift prior to delivery to its
intended recipient shall be paid by the Trust.

ARTICLE IV
DEATH OF THE TRUSTOR

(A)  DISTRIBUTIONS AND DISBURSEMENTS
Upon the death of the Trustor, and after the payment of the Trustor’s just debts, funeral expenses
and expenses of last illness, and the disbursements listed in Article III of this Trust, the following
distributions shall be made:
I leave all the rest and remainder of the trust property to _____________.
(B)  DEATH OF BENEFICIARY BEFORE COMPLETE DISTRIBUTION OF TRUST
ASSETS
(1) In the event the Beneficiary dies before a complete distribution of his Trust is made, then
their share shall go to: _______________________
ARTICLE V

INCAPACITY, REHABILITATION, AND GUARDIANSHIP

Throughout this Trust Agreement, where there have been references to “incapacity” and
“rehabilitation”, those two terms shall have the following meanings:
(A)  “INCAPACITATED”
If MS. JOHNNIE PECK NELAON as a Trustee or a beneficiary, is under a legal disability or by
reason of illness, or mental or physical disability is, in the written opinion of two doctors
currently practicing medicine, unable to properly manage her affairs, she shall be deemed
incapacitated for the purposes of this Trust Agreement.
(B)  “REHABILITATION”
MS. JOHNNIE PECK NELAON as a Trustee or as a beneficiary, once deemed  incapacitated
under Paragraph (A) of this Article, shall be deemed  rehabilitated when she is no longer under a

legal disability or when, in the written opinion of two doctors currently practicing medicine, she
is able to properly manage her affairs. Upon rehabilitation, she shall resume the duties and
powers she had prior to incapacity and her successors shall relinquish all powers and be relieved
of all duties.
(C)  “GUARDIANSHIP”
In the event the Trustor is adjudicated incompetent by any court having jurisdiction, pursuant to
TEXAS Statutes or similar provisions of the laws of any other state having jurisdiction, the
Trustor does hereby nominate ___________ as Guardian of the person of the incompetent
Trustor. The Trustor further directs that the Court honor Article 1(B) of the Trust by permitting
the completion of the conveyance to the Trustee of any assets which remain registered to the
Trustor.

ARTICLE VI

PROVISIONS REGARDING THE TRUSTEE

The following general provisions apply to the Trustee and any Successor Trustee of any Trust
which is created by this Trust Agreement:
(A)  GENERAL PROVISIONS
(1) TRUSTEE’S POWER: It is the intention of the Trustor to grant to the Trustee the power to
deal with all of the Trust property as freely as the Trustor could do individually, and the only
requirement that the Trustor places upon the Trustee is that the Trustee act as a fiduciary in good
faith. The Trustee shall have all the powers and protection granted to Trustees by statute at the
time of application, including all of the powers enumerated below or contained in any Certificate
of Trust signed by the Trustor; and the Trustor intends that such powers be construed in the
broadest possible manner.
Notwithstanding the foregoing, the Trustee shall not hold or exercise any power or any discretion
granted by Article VII which creates unexpected or adverse tax consequences to the Trustor’s
estate, any Trust created by this agreement, or any beneficiary, or which causes taxation to the
Trustee or her estate by virtue of the existence of the power. The Trustee’s powers are ministerial
in nature and are not intended to create or alter substantive rights. The limitations of this
paragraph shall not affect the rights of any third person who deals with the Trustee.
(B)  SPECIFIC POWERS OF THE TRUSTEE
(1) RETAIN TRUST ESTATE: To retain, without liability for loss or depreciation resulting
from such retention, the original assets and all other property later transferred, devised or
bequeathed to the Trustee for such time as the Trustee shall deem advisable although such
property may not be of the character prescribed by law or by the terms of this agreement for the
investment of Trust assets and although it represents a large percentage of all of any Trust; said
original property may accordingly be held as a permanent investment.
(2) HOLD UNINVESTED CASH AND UNDERPRODUCTIVE PROPERTY: For any
periods deemed advisable, to hold cash, uninvested, even though the total amount so held is
disproportionate under trust investment law or would not be permitted without this provision,
and to retain or acquire and hold underproductive realty or personalty.
(3) INVEST AND ACQUIRE: To invest and reinvest Trust assets in any type of property or
security or any interests in such property (including cotenancies and remainders) without regard
to the proportion that investments of the type selected may bear to the entire Trust estate, without
limitation to the classes of trust investments authorized by law, and without regard to the
possibility that the investments may be in new issues or in new or foreign enterprises, and to
write options against long positions. The property acquired may be realty or personalty and may
include life insurance, bonds, debentures, leaseholds, options, easements, mortgages, notes,
mutual funds, investment trusts, common trust funds, voting trust certificates, limited partnership
interests, U.S. Treasury obligations redeemable at par in payment of Federal Estate Tax, and any
class of stock or rights to subscribe for stock, regardless of whether the yield rate is high or low
or whether or not the new asset produces any income at all. It is intended that the Trustee shall
have the authority to act in any manner deemed in the best interests of the Trust involved,

regarding it as a whole, even though certain investments considered alone might not otherwise be
proper.
(4) OPTIONS, WARRANTS, PUTS, CALLS, COMMODITY AND MARGIN
ACCOUNTS: The Trustee is specifically authorized, in her discretion, to buy, sell or transfer
options, warrants, puts, calls, commodities, futures contracts, repurchase contracts, and to
maintain brokerage margin accounts.
(5) EXERCISE OPTIONS AND CONVERSION PRIVILEGES: To exercise any options,
rights, and conversion privileges pertaining to any securities held by the Trustee as Trust assets.
(6) RECEIVE ADDITIONAL PROPERTY: To receive additional property from any source,
including the Personal Representative of a Trustor’s estate and the Trustee or beneficiary of any
other trust, by whomsoever created, and to hold and administer this property as part of the Trust
Estate.
(7) SELL AND LEASE: To sell, convey, grant options to purchase, lease, transfer, exchange or
otherwise dispose of any Trust asset on any terms deemed advisable, to execute and deliver
deeds, leases, bills of sale, and other instruments of whatever character, and to take or cause to
be taken all action deemed necessary or proper.
(8) INSURANCE: To carry any insurance deemed advisable with any insurer against any
hazards, including public liability, and to use insurance proceeds to repair or replace the asset
insured. In addition, the Trustee may carry or purchase life insurance on the life of any Trust
beneficiary, and exercise or release any rights in such policy.
(9) LEND: On any terms deemed advisable, to lend Trust funds to any borrower, including the
personal Representative of a Trustor’s estate and the Trustee or beneficiary of any trust, by
whomsoever created, and to change the terms of these loans.  This authorization includes the
power to extend them beyond maturity with or without renewal and without regard to the
existence or value of any security, and to facilitate payment, to change the interest rate, and to
consent to the modification of any guarantee.
(10) BORROW: To borrow whatever money the Trustee deems desirable for any Trust on any
terms from any lender, including the personal Representative a Trustor’s estate, and the Trustee
or beneficiary of any other trust, by whomsoever created, and to mortgage, pledge or otherwise
encumber as security any assets of the borrowing Trust.
(11) TERM OR DURATION OF OBLIGATION: Incident to the exercise of any power, to
initiate or change the terms of collection or of payment of any debt, security, or other obligation
of or due to any Trust, upon any terms and for any period, including a period beyond the duration
or the termination of any or all Trusts.
(12) COMPROMISE OR ABANDONMENT OF CLAIMS: Upon whatever terms the Trustee
deems advisable, to compromise, adjust, arbitrate, sue on, defend, or otherwise deal with any
claims, including tax claims, against or in favor of any Trust, to abandon any asset the Trustee
deems of no value or of insufficient value to warrant keeping or protecting; to refrain from
paying taxes, assessments, or rents, and from repairing or maintaining any asset; and to permit
any asset to be lost by tax sale or other proceeding.
(13) DISTRIBUTION IN CASH OR IN PROPERTY: To distribute any shares in cash or in
property, or partly in each, and the Trustee’s valuations of and selection of assets upon making
distribution shall, if made in good faith, be final and binding on all beneficiaries.
(14) USE OF NOMINEE: To hold any or all of the Trust assets, real or personal, in the
Trustee’s own name, or in the single name of any CoTrustee, or in the name of any corporation,
partnership, or other person as the Trustee’s nominee for holding the assets, with or without
disclosing the fiduciary relationship. A corporate Trustee shall have the power to appoint a
Trustee to administer property in any jurisdiction in which it shall fail to qualify.
(15) BID ON OR TAKE OVER WITHOUT FORECLOSURE: To foreclose any mortgage,
to bid on the mortgaged property at the foreclosure sale or acquire it from the mortgagor without
foreclosure, and to retain it or dispose of it upon any terms deemed advisable.

(16) PAY OFF ENCUMBRANCES: To pay off any encumbrance on any Trust asset and to
invest additional amounts to preserve it or to increase its productivity.
(17) VOTE STOCK: To vote stock for any purpose in person or by proxy, to enter into a voting
trust, and to participate in corporate activities related to a trust in any capacity permitted by law,
including service as officer or director.
(18) PARTICIPATE IN REORGANIZATION: To unite with other owners of property similar
to any held in Trust in carrying out foreclosure, lease, sale, incorporation, dissolution,
liquidation, reincorporation, reorganization, or readjustment of the capital or financial structure
of any association or corporation in which any Trust has a financial interest, to serve as a
member of any protective committee, to deposit Trust securities in accordance with any plan
agreed upon; to pay any assessments, expenses, or other sums deemed expedient for the
protection or furtherance of the interests of the beneficiaries; and to receive and retain as Trust
investments any new securities issued pursuant to the plan, even though these securities would
not constitute authorized Trust investments without this provision.
(19) PURCHASE PROPERTY FROM ESTATE OR TRUST: To purchase property, real or
personal, from a Trustor’s or a beneficiary’s estate or trust for their benefit upon such terms and
conditions, price and terms of payment as the Trustee and the respective personal Representative
or Trustee shall agree upon, to hold the property so purchased in Trust although it may not
qualify as an authorized Trust investment except for this provision, and to dispose of such
property as and when the Trustee shall deem advisable.
(20) EMPLOYMENT OF ASSISTANTS AND AGENTS: To any extent reasonably
necessary, to employ attorneysatlaw, accountants, financial planners, brokers, investment
advisors, realtors, managers for businesses or farms, technical consultants, attorneysinfact,
agents and any other consultants and assistants the Trustee deems advisable for the proper
administration of any Trust.
(21) ESTABLISHMENT AND MAINTENANCE OF RESERVES: Out of the rents, profits,
or other gross income received, to set aside and maintain reserves to the extent deemed advisable
to meet present or future expenses, including taxes, assessments, insurance premiums, debt
amortization, repairs, improvements, depreciation, obsolescence, general maintenance and
reasonable compensation for services, including services of professional and other employees, as
well as to provide for the effects of fluctuations in gross income and to equal or apportion
payments for the benefit of beneficiaries entitled to receive income.
(22) MANAGE REALTY: To deal with real and personalty, including oil, gas, and mineral
rights in any manner lawful to an owner. This authority includes the rights to manage, protect,
and improve it, to raze, alter and repair improvements, to sell or contract to sell it in whole or in
part, to partition it, to grant options to purchase it, to donate it, to convey it, to acquire it, release
or grant easements or other rights relating to it, to dedicate parks and thoroughfares, to subdivide
it, to vacate any subdivision or any part thereof and re-subdivide it from time to time, to lease it
in whole or in part, and to renew, extend, contract for, and grant options in connection with
contract entered into by the Trustee can be made on any terms and for any period, including a
period beyond the duration or termination of any Trusts.
(23) CARRY ON BUSINESS: With respect to any business that may be or become a part of any
Trust whether organized as a sole proprietorship, limited partnership, partnership or corporation,
upon such terms, for such time, and in such manner as the Trustee deems advisable:
a.   To hold, retain and continue to operate such business solely at the risk of the Trust estate and
without liability on the Trustee’s part for any resulting losses;
b.   To incorporate, dissolve, liquidate, or sell such business at such time and upon such terms as
the Trustee deems advisable. In this regard the Trustee’s decision may be based upon qualified
appraisal, and the Trustee shall not be obligated to seek other offers in contracting for sale to any
person including another shareholder, trust, or beneficiary;
c.   To borrow money for business purposes and to mortgage, pledge or otherwise encumber the
assets of any Trust to secure the loan;

d.   To engage in the redemption of stock and take such actions as are necessary to qualify the
redemption under Sections 302 or 303 IRC and the applicable requirements of state law.
e.   To create a special lien for the payment of deferred death taxes under 6324 IRC, or similar
provisions of state law.
f. To create, continue, or terminate an SCorporation election.
(C)  DEALINGS WITH THE TRUSTEE
Any person who deals in good faith with the Trustee shall deal only with the Trustee and shall
presume that the Trustee has full power and authority to act. No person shall require court
confirmation or the approval of a beneficiary for any transaction with the Trustee. The signature
of the Trustee shall bind the interest of any Trust beneficiary, including the Trustor, and no
person need see the application of any property delivered to the Trustee.
(D)  COMPENSATION OF TRUSTEE
The Trustee, who is also a beneficiary hereunder, shall serve without compensation for his or her
services except that the Trustee shall be reimbursed for reasonable expenses incurred in the
administration of the Trust.
(E)  BOND AND QUALIFICATIONS
No bond shall be required of the Trustee or any Successor Trustee. The Trustee and any
Successor Trustee shall not be required to qualify in any court and are relieved of the filing of
any document and accounting in any court.
(F)  SUCCESSOR TRUSTEE(S)
No Successor Trustee shall be responsible for acts of any prior Trustee. In the event a Trustee of
any Trust is unable to serve or continued to serve as Trustee for any reason and no successor has
been provided, the Successor Trustee shall be elected in writing by any of the persons who have
previously served as Trustee, with preference in the making of such appointment being
determined in the same order of their succession as Trustee. If no appointment exists, the
Successor Trustee shall be elected in writing by the majority in interest in the income of the
Trust. No person shall be required to apply to any court in any jurisdiction for confirmation of
said appointment. Any Successor Trustee so elected shall either be an issue of the Trustor or
shall be a corporate Trustee qualified to exercise Trust powers.
(G)  REMOVAL OF SUCCESSOR TRUSTEES
In the event a Successor Trustee is administering any Trust created hereunder, the Successor
Trustee may be removed by the last individual to serve as Trustee; however, if that person is
deceased or incapacitated, the Successor Trustee may be removed by a majority vote in interest
in Trust income. Said removal must be in writing, stating the reasons for removal and indicate
the successor Trustee, which must be a corporate trustee.
Removal of a Successor Trustee shall be permitted only for the convenient administration of the
Trust. For example, a Successor Trustee may be removed in order to transfer administration to
the place of residence of a primary beneficiary, or because of mismanagement of Trust funds, or
because of excessive fees, or because of lack of attention to Trust matters, or other such reason.
Removal shall not be permitted for the purpose of influencing the exercise of discretion of a
Successor Trustee which is granted by this instrument. For example, removal of a Successor
Trustee that refuses to make a discretionary invasion of principal shall not be allowed. Removal
of a Successor Trustee shall be effective upon delivery of the notice of removal and the removed
Trustee shall have a reasonable period of time to transfer assets to its successor. In the event the
successor Trustee believes that its removal is improper, it may, but shall not be required to, apply
to a court of competent jurisdiction, at its expense, for a declaration of the propriety of the
removal. In that event, the removal shall be effective only upon the order of said court and after
any appeal. In the event the Successor Trustee prevails it shall be entitled to reimbursement from
the Trust for its reasonable costs and attorney’s fees.
(H)  DELEGATION

Any Trustee may delegate any management function of any Trust to any other Successor Trustee
(even though the Successor Trustee is not then serving as Trustee) upon such terms as may be
agreed by the Trustees. In the event more than one Trustee is serving, Trust assets may be held in
the name of one Trustee.
(I)  LIMITED POWER TO AMEND
The Trustee may amend this Trust to create or renounce management powers as may be required
to facilitate the convenient administration of this Trust, deal with the unexpected or the
unforeseen, or avoid unintended or adverse tax consequences. The amendment shall be in writing
and shall be consented to by the Trustor, if not then deceased or incapacitated, or the
beneficiaries of any Trust. The amendment may be retroactive. This limited power may only be
exercised to provide for the convenient administration of any Trust; and shall not affect the rights
of any beneficiary to enjoy Trust income or principal without his consent, shall not alter the
dispositive provisions of any Trust, and shall not be exercisable in such a manner as to create
gift, estate, or income taxation to the Trustee or any beneficiary. No amendment shall affect the
rights of third persons who have dealt or may deal with the Trustee without their consent.

ARTICLE VII

ADMINISTRATIVE PROVISIONS
(A)  CARRYING SEVERAL TRUSTS AS ONE ESTATE
To the extent that division of any Trust is directed, the Trustee may administer any Trust
physically undivided until actual division becomes necessary. Further, the Trustee may add the
assets of the Trust for any beneficiary to any other trust for such beneficiary having substantially
the same provisions for the disposition of trust income and principal, whether or not such trust is
created by this agreement. The Trustee may commingle the assets of several trusts for the same
beneficiary, whether or not created by this agreement, and account for whole or fractional trust
shares as a single estate, making the division thereof by appropriate entries in the books  of
account only, and to allocate to each whole or fractional trust share its  proportionate part of all
receipts and expenses; provided, however, this carrying of several trusts as a  single estate shall
not defer the vesting of any whole or fractional share of a trust for  its beneficiary at the times
specified.
(B)  ALLOCATION TO PRINCIPAL AND INCOME
All receipts of money or property paid or delivered to the Trustee and all expenses may be
allocated to principal or income in accordance with the laws of the State of TEXAS or any other
state in which a Trust is being administered. However, the Trustee, in a reasonable and equitable
manner, shall have the discretion to allocate, in whole or in part:
1. Administration expenses to income or principal.
2. Trustee’s fees to income or principal.
3. To income, any expense of the administration of the Trust or its assets which is deductible for
Federal Income Tax purposes.
4. To income, the gains or losses from option trading, and capital gains distributions from utility
shares, on mutual funds, or tax managed funds; and
5. To income or principal, distributions from qualified or nonqualified pension plans, profit
sharing plans, IRA accounts or deferred compensation arrangements.
(C)  PROHIBITION OF ALIENATION
No income or principal beneficiary of any Trust (except the Trustor) shall have any right or
power to anticipate, pledge, assign, sell, transfer, alienate or encumber his or her interest in the
Trust, in any way. No interest in any Trust shall, in any manner, be liable for or subject to the
debts, liabilities or obligations of  such beneficiary or claims of any sort against such beneficiary.
(D)  SMALL TRUST TERMINATION

If, at any time, any Trust shall be in the aggregate principal value of Ten Thousand Dollars
($l0,000.00) or less, the Trustee may, in her sole discretion, terminate such Trust and distribute
the assets to the beneficiary, or beneficiaries, the share of each being in the same proportion as
he or she is a beneficiary under the terms of the Trust.
(E)  DISCLAIMER
Any beneficiary of any Trust shall have the right to disclaim his or her interest in said Trust. Said
disclaimer may be effected in compliance with the requirements of the laws of any jurisdiction in
which any Trust may be administered. Alternatively, the Trustee may act upon any written
disclaimer of any interest, in whole or in part, in any Trust. In the event any beneficiary is
incapacitated, the Trustee may accept the disclaimer of a legal or natural guardian of said
beneficiary; and if no such guardian exists, the Trustee of any Trust, acting on behalf of the
beneficiary, shall have the power to disclaim all or a part of the property passing to said Trust.
(F)  CERTAIN DISTRIBUTIONS
The Trustee shall have the following options with regard to the distribution of principal or
income to or for a beneficiary:
1. Directly to the beneficiary such amounts as the Trustee may deem advisable as an allowance;
2. By expending such income or principal directly for the beneficiary. After making a
distribution as provided above, the Trustee shall have no further obligation regarding the
distribution.
(H)  USE OF RESIDENCE
The Trustee may purchase or hold a residence to be occupied by the income beneficiary of any
Trust (and/or her family) without rent, and the expense of maintaining the residence may be
borne by the Trust, the beneficiary, or partly by each, as the Trustee may deem proper.
(I)  DESIGNATION OF BENEFICIARY
The Trustee shall act upon any written designation of a beneficiary by a Trustor for qualified
plan or IRA benefits made payable to this Trust by distributing the right to receive such benefits
to the designated beneficiary. If no such designation exists the Trustor gives the Trustee the
power, on behalf of the Trustor, to distribute the right to receive such benefits as a part of the
share otherwise to be distributed to any beneficiary, and such person shall be the Trustor’s
designated beneficiary. It is intended that the operation of this paragraph qualify under the
requirements of 401(a) (9) and 408(a) (6) IRC and it shall be interpreted in all regards in
accordance with this intent.

ARTICLE VIII

MISCELLANEOUS PROVISIONS

(A)  SURVIVORSHIP
This Agreement shall be binding upon the heirs, personal representatives, successors and assigns
of the parties hereto.
(B) CONTROLLING LAW
This Agreement shall be construed and regulated in all respects by the laws of the State of
TEXAS In the event any Trust or asset is being administered in another state, this Trust may be
regulated by the laws of such state if required to avoid excessive administrative expense, or to
uphold the validity of any of the terms of this Trust.
(C)  TRUSTEE AND TRUST
The term “Trustee” refers to the single, multiple and Successor Trustee, who at any time may be
appointed and acting in a fiduciary capacity under the terms of this agreement. Where
appropriate, the term “Trust” refers to any trust created by this agreement.
(D) GENDER SINGULAR AND PLURAL

Where appropriate, words of the masculine gender include the feminine and neuter; words of the
feminine gender include the masculine and neuter; and words of the neuter gender include the
masculine and feminine. Where appropriate, words used in the plural or collective sense include
the singular and viceversa.
(E) IRC
The term “IRC” refers to the Internal Revenue Code and its valid regulations.
(F) SERVE OR CONTINUE TO SERVE
A person cannot “serve or continue to serve” in a particular capacity if they are incapacitated,
deceased, have resigned, or are removed by a court of competent jurisdiction.
(G) ISSUE
The term “issue”, unless otherwise designated herein, shall include adopted “issue” of
descendants and lineal descendants, both natural and legally adopted indefinitely. Such term
shall specifically exclude individuals adopted out of the family of the Trustor or out of the family
of a descendant of the Trustor. The word “living” shall include unborn persons in the period of
gestation.
(H)  NOTICE
No person shall have notice of any event or document until receipt of written notice. Absent
written notice to the contrary, all persons shall rely upon the information in their possession, no
matter how old, without recertification, verification, or further inquiry.
(I)  MERGER
The doctrine of merger shall not apply to any interests under any Trust.
(J)  REPRESENTATION
In any Trust matter a beneficiary whose interest is subject to a condition (such as survivorship)
shall represent the interests in the Trust of those who would take in default of said condition. The
members of a class shall represent the interests of those who may join the class in the future (e.g.
living issue representing unborn issue). The legal natural guardian of a person under a legal
disability shall represent the interests of the disabled person.
ARTICLE IX
POWER OF ATTORNEY

By virtue of the signing of this Trust below, the Trustor makes the following appointments of
AttorneysinFact:
(A)  FOR FINANCIAL MATTERS
MS. JOHNNIE PECK NELAON is hereby the AttorneyinFact for the purpose of signing any
state or federal income or gift tax return on behalf of the Trustor, collecting and endorsing to the
Trust any tax refund, making claims against any insurance policy, providing for the collection
and payment to the Trust of any amount due on account of Social Security, Medicare, salary or
other compensation, disability payments, contract, employee benefit program, IRA account or
any other benefits payable to the Trustor. In the event that MS. JOHNNIE PECK NELAON is
unable or unwilling to so serve, then ______________________ shall serve in such capacity.
(B)  FOR CARE OF THE TRUSTOR
The Trustor first appoints _____________, and _________________, jointly if then alive and
competent, and then either of them individually, if then alive and competent if the other of them
has predeceased Trustor or is incompetent, as AttorneyinFact to make any and all decisions
regarding the personal care of the Trustor during any period when the Trustor may be
incapacitated.
(C)  DURABILITY

In the hands of a qualified holder, the appointments above, shall create a durable family power of
attorney. This durable family power of attorney shall not be affected by the disability of the
Trustor except as provided by statute; and the powers in the hands of a qualified holder may not
be delegated.

IN WITNESS WHEREOF, on this the ____ day of ______________, 2023, has signed this
instrument as Trustor, and has signed this Instrument as Trustee, to evidence acceptance of the
Trust Agreement.

______________________
TRUSTOR/TRUSTEE

STATE OFXXX
COUNTY OF XXX
MS. XXX, Trustor/Trustee, being first duly sworn, does hereby declare to
the undersigned officer/notary public that the she signed the instrument as the Trustor’s
Irrevocable Trust Agreement, that she accepted this instrument as such, that she signed the Trust
Agreement as her voluntary act and deed on the date and year shown therein.
________________________
TRUSTOR/TRUSTEE

SUBSCRIBED and sworn before me by, the Trustor/Trustee, on this the ____ day of
_______________, 20XX.

_____________________________
NOTARY PUBLIC

My commission expires: ______________________

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