Roman Mendoza, Sr. Trust 201111

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shares in the manner provided in California Probate Code Sectionz-lu, as defined in the Article entitled "Concluding Provisions" of this

instrument. (e) The sumof'ten thousand dollars ($10,000) outright to DIANE SWENDELL, the settlor's granddaughter, if she survives the settlor, and if she does not survive the settlor, to her then-living issue, with those issue to take their shares in the manner provided in California Probate Code Section 240, as defined in the Article entitled "Concluding Provisions" of this instrument.

(f) If any individual named in this Section 5.1 fails to survive the settlor and leaves no surviving issue, the gift to. such individual shall lapse. 5.2. Special Gift of Personal PrQperty. Upon the death of the settlor, the trustee shall
distribute outright to RAQUEL V.-MENDOZA ("RAQUEL"), the settlor's daughter, and RAYMOND MENDOZA (''RAYMOND''), the settlor's son; or all to the one of them then

surviving, all tangible articles of a personal nature of the settlor, such as clothing, household furniture and furnishings, musical instruments, books, pictures, paintings, objects of art, silverware, silver pieces, rugs, linen, china, automobiles, or the like, as such. individuals shall agree. The settlor requests, 'but does not require, that RAQUEL and RAYMOND give to the settlor's other children those items of a tangible nature that may have sentimental value to each child and which RAQUEL and RAYMOND, in their discretion, believes the settlor would have wanted the child to have. If the above-named individuals are unable to agree upon a division, the trustee shall effect such division in such way as the trustee deems fair, in the trustee's reasonable discretion, including the power to sell such items thereof as the trustee deems advisable, all in order that, in value, such property (including cash, if any such sale is made) shall be distributed equally to such -individuals. 'If both individuals named above fail to survive the settlor, this gift shall lapse and be distributed with the remainder of the trust estate as if it had been an original part thereof. Furthermore, the settlor may from time to time by written letter or other instrument

not constituting a holographic will or codicil or amendment to any trust, indicate the settlor's intentions regarding the distribution of particular items of personal property to certain

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