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(e) General Power of Appointment. On the death of the surviving settlor, the trustee shall distribute all property subject to the trust (including the trust principal, all net income then held by the trustee, and all income then accrued but not collected by the trustee) to any entity or entities, person or persons, and on any trust, terms and conditions, or to or in favor of the estate of the surviving settlor, as the surviving settlor may direct by will.or revocable living trust (collectively referred to hereafter as "Testamentary Instrument") executed' after the date of this Trust Agreement. The trustee may rely on any Testamentary Instrument that on its face appears to be valid and shall not be liable for any good-faith act-in reliance on that Testamentary Instrument, even if for any reason it is 'later determined to be invalid. (f) Payment of Taxes. Debts and Expenses. On the death of the surviving. settlor and subject to any power of appointment exercised by him or her, the trustee, in the trustee's discretion, may pay out of the income or principal (or partly from each) of thePower of Appointment Trust the taxes, debts and expenses arising on the death of the surviving settlor unless the trustee determines that other adequate provisions have been made for the payment of these taxes, debtsand expenses. (g) Payment of Federal Estate Taxes. The trustee shall determine from the 'personal representative of the estate of the surviving settlor the amount of the federal estate tax allocable to the property of the trust-by reason ofIntemaI Revenue Code Section 2207 and shall set aside a portion of the trust principal for the purpose of paying that 4tX upon written demand of the personal representative." 2. Article VII and Article VIII of the Trust are hereby modified by their deletion in

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their entirety and shall not be replaced.

:FEB
Dated:

8 2006

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BRENDA J. PENNY
Judge of the Superior Court

'PRO TEMPORE

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28 ORDER APPROVING MODIFICATION OF TRUST