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PM 1988-071Recording .Requested B4 City of La Quinta • When Recorded, Return_ TO: La Quinta Planning and.. Development Department P.O. Box 1504 La Quinta, CA 92253 No E'ee, 6103 government Code Benefit of La Quinta Camunity Develogneent Department EXHIBIT A CERTIFICATE OF PARCEL MERGER NO,90-C)7t Existing Parcels Record Owners Assessor Parcel Numbers Security Pacific National Bank 769-261-025-8 as Trustee of Trust #07-2-07345-0 769-261-026-9 Legal Description of Merged Parcel THE BELOW DESCRIBED REAL PROPERTY LOCATED IN THE STATE OF CALIFORNIA, COUNTY OF RIVERSIDE, CITY OF LA QUINTA: Lots 41, 42 and 43 of Desert Club Tract Unit No. 4, in the City of -La Quinta, County of Riverside, Statd'of California -,..as shown bymap on file in Book 21 Page 60 of Maps, in the Office of the County Recorder of said County. .I ' Recording Requested BA City of.La Quinta When Recorded, Return 'Ib: La Quinta Planning and Development oepartment, P.O. Box 1504 - La Quinta, CA 92253 No Fee, 6103 Cavernment.Code Benefit of La Quinta Corm mity Development Department EXHIBIT B CERTIFICATE OF PARCEL MERGER No.. g� Z� N ORTH SCALE I"= 2of / .LL EY Sol �.OT LOT 43 �PREV. tVlF_RGEO 5,000 a .. i 11 LA FONDA DEPARTMENT USE ONLY Record Owner Security Pacific Nat'l Bank This Certificate of Parcel Merger No. 07 is Address P.O. Drawer 100, Rancho Mirage hereby approved. John Walling CA By �I��dA IGL�"1rs Map Prepared By Title Address 45-260 Club Dr., Indian Wells N / A Date S fZS�Q>8 sepr�nn Area/District E ��L '�f � tAu0 - •• •i I1 78-105 CALLS ESTADO - LA QUINTA, CALIFORNIA 92253 (619) 564-2246 May 26, 1988 County Recorder County of Riverside P. O. Box 751 Riverside, CA 92502 SUBJECT: Parcel Merger No-. 88-07.1 Dear Sir: Attached please find_ an grant deed for Parcel Merger No. 88-071 and Exhibits A and B. Recordation*is requested by and for the City of La Quinta in accordance with Government Code #6103 to insure compliance with .Zoning requirements prior to any construction taking.place. .Please record and return a copy of these documents to this office so our records can be updated. Thank you. Very truly yours, MURREL CRUMP PLANNING DIRECTOR er Herman Principal Planner JH': b j a Atch: Grant Deed & Exhibits A & B for Parcel Merger #88-071 cc: Security Pacific National Bank ',=Fi 1e-c—PM8_8 - 071­—,-=, BJ/FORM. 0il;klLING ADDRESS,- P.O. BOX 1504 - LA QUINTA, CALIFORNIA 92253 '� I CERTIFIC ATE°O SITE PLAN O F PARCEL MERGER NO.� �„ I'1611T vF WA'-( .......... 40.(o ktS TIP.I'-G' C' U R la CD 7 A�Jrrl»4LA Record Owner Security Pacific National Bank as Trusted of Trust #07-2-07345-0 Address P.O. Drawer 100, Rancho Mirage, CA 92270 Map Prepared By John Walling Address 45-260 Club Drive, Indian Wells, CA 92210 Scale Assessors Parcel No. 769-261-025-8 and 769-261-026-9 APPROVE.0 BY PLAI, H11F."G D05TSION DATE APPLICATION FOR CERTIFICATE OF PARCEL MERGER Trust Record Owner Security Pacific National Bank, as Trustee of #07-2-07345-0 Name s) P.O..Drawer 100, Rancho Mirage, Ca 92270 619/.340-2065 Address Phone Representative Debbie Davidson Name P.O. Drawer 100, Rancho Mirage, Ca 92270 619/340-2065 Address Phone PROPERTY DATA: Assessor Parcel Nos.: Parcel 1 769 - 261 - 0 2 5- 8 Parcel 2 769 - 261 - 026-9 Parcel 3 - - 00502 10 0205 05-20-88 0 "' W CASH i TOTAL i - 05.00 Parcel 4 - - Street Address of Property: 78-080 Avenida La Fonda, La Quinta REQUEST: (Include number of contiguous parcels to be merged and why merger is requested) Two contiguous parcels must be merged so that a shade cover can be constructed adjacent to and west of the existing commercial building. APPLICATION FEE: $175.00 in cash or check payable to City of La Quinta. (I /We) hereby certify that; 1. (I .am/we are) the record owner (s) of all parcels proposed for merger by this application; 2. (I/we) have knowledge of and consent to the filing of this application.and, 3. The information submitted in connection with this applica- tion is true and correct. [See attached authorization] �Jim'Fu Representative Signature: Case No. — 07/ Zaning CAS Related Cases Date a rization may be attached) _ Date] 2/29187 n, lice President Date Date OFFICE USE ONLY P. O. Banc 1504 78-105 Calle Estado La Quinta, California 92253 (619) 564-2246 V : NAF� Case .No.. C)7.1 - Application Received 'by M L- Date S zo L,� Application Checked by Date 5 z Applicant: VJ r Bari Nea nC>_ctA Phone: 6iq Address: Street City State. Zip Code Owner:. gz") 4s.,Pl,irc� Phone: Address: Street City State Zip Code Representative: Phone. - Address: 5 t r e5-e-V city ate Zip Code 1. 2. 3. Subject:, Location:' Environmental Information E.A. No. Notice of Declaration 4. Related Files: E.I.R.No. Date. Fee Information Filing Fee $ 1-75 E.A. Fee $ Total $ 175. Additional Fees. $ Receipts for Fees: ✓ 5. 'Parcel Size/Acreage 2_6raeoA41¢+fcL 4_ 9. Circulation Element macs 6. General Plan Designation Vi iLiee, 10. Housing Element 7. Zoning �•::; � 11. Council District J,� CR-_)ice 8. Surrounding Zoning 12. Assessor's? o25—a 76,q o2_6 -9 13. Tentative Hearing Date 14. Agency -Deadline Date 15. Plot Plan Checked 16. Legal'Description 17. Transmittals Aaencv' Ex "A" Notice Hearing Information Date Action CC -EA PC CC Aaencv Ex "A" Notice General Telephone Road Department City of Cal Trans County Planning Water Quality CVC'WD Home Owners Parks Building Dept. Health Dept. Fire City Engineer Other 18. Transmittals sent -by: Date: 19. Public Hearing.Notice Date: Notice Mailed by: ?0. Notice Posted by: Date: ?1. Entered in: Counter Book: Page Parcel By ?2. Applicant Notified of Action: Agencies Notified: 23. File Closed: ?4. Additional Pertinent Information:. Recording Requested By SECURITY PACIFIC NATIONAL BANK When Recorded, Please Mail To SECURITY PACIFIC NATIONAL BANK P. O. BOX 54029 TERMINAL ANNEX LOS ANGELES, CALIFORNIA 90054. ATTN: Ann Athanasopoulos GT-66! 07-2-07345/6-0/6109652 I ocLlrrlent Recorded has nct "ee� co��arad with GCIC�Ifiu�. WILLIAM E...CMERLY County Recorder RIVERSIDE COUNTY, CALIFORNI.A Space Above Thi se, Documentary Transfer Tax: NONE THIS CONVEYANCE TRANSFERS TITLE TO THE TRUSTEE OF THE TRUST Security Nacific Nation Bank, By : "2: D /_ /_-7 7. CORPORATION QUITGOLAIM DEED For a valuable consideration, SECURITY PACIFIC NATIONAL BANK, a National Banking Association,',as Trustee of the JOHN PAUL GOETCHEUS, deceased, Testamentary Trust,'hereby quitclaims unto SECURITY PACIFIC NATIONAL BANK, A National Banking Association, as Trustee of the JOHN PAUL GOETCHEUS, deceased, Testamentary Trust, all of its interest in and to that property situated in the City of La Quinta, County of Riverside, State of California described as follows: Lots 41, 42, and 43 of Desert Club Tract Unit No. 4, in the City of La Quinta, County of Riverside, State of California, as shown by Map on file in Book 21, Page 60 of Maps, Records of Riverside County, California. EXCEPT all standing, flowing, percolating or other waters in or under said.property, together with the right to remove same through underground channels by means of wells or tunnels on. other property as reserved in deeds recorded April 27, 1948, in Book 908 Page 146, and May 9, 1951, in Book 1270, Page 18, both of Official Records of Riverside County, California. Dated: January 14, 1988 State of California County of Los Angeles SS.. SECURITY PACIFIC NATIONAL BANK, a National Banking Association, as Trustee under the John Paul Goetcheus, deceased, Testamentary Trust T. M. Rainbolt, Jrzk Vice President Gai E. Cook Ass tent Vice President On January 14, 1988, before me, the undersigned, a Notary Public in and for said State, personally appeared T. M. Rainbolt, Jr. personally known to me or proved to me on the basis of satisfactory evidence to be the Vice President, and Gail M. E. Cook personally known to me or proved to me on the basis of satisfactory evidence to be an Assistant Vice President of the Security Pacific National Bank, the Association that executed the within instrument, on behalf of the Association therein named, and acknowledged to me that such Association executed the same, pursuant to a general signature resolution of its board of directors. WITNESS my hand and official seal. (Seal) OFFICIAL SEAL WILLIAM.STOCKTON NOTARY PUBLIC CALIFORNIA LOS ANGELES COUNTY. My Commission Expires June 28, 1990 (Notary Public's Signature) Mail Tax Statement to: SECURITY PACIFIC NATIONAL BANK P_0. BOX 54029 TERM. ANNEX GT-066 LOS ANGELES. CA 90054 This Deed reflects Parcel Merger No. 88-071 as.approved by the City of La Quinta. _ RECElu� ti.. CITY OF LA QUANTA. PIANNING & DEVELOPMENT DEFT. FOR KnORDER'S USE ONLY Recorded: Date: Document Document No. Ll PRELIMINARY CHANGE OF OWNERSHIP REPORT To be completed by transferee (buyer) prior to transfer of subject property In accordance with Section 480.3 of the Revenue and Taxation Code. SELLER: Security Pacific National Bank as Trustee of Trust #07-2-07345-0 BUYER: Security Pacific Rational Bank as Trustee of Trust #07-2-07345-0 ASSESSOR'S PARCEL NUMBER(s): 769-261-025 769-261-026 FOR OFFICIAL USE ONLY IC. S.P. { C. E. LEGAL DESCRIPTION: Lots 41 ,42, & 43 of Desert Club Tract Unit 04 In the city of LaQuinta —dun y of Riverside o-o age o o maps. ADDRESS (if Improved): 78-080 Avenida, La Fonda, LaQuinta MAIL TAX INFORMATION TO: Name Address The property which you acquired may be subject to a supplemental assessment in an amount to be determined by the Riverside County Assessor,. For further information on your supplemental assessment roll obligation, please call the Riverside County Assessor at (714) 787-1661. aaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaanaaaaaaaaaaaaaaa:aaaaaaaaaaaaaaaataaaaaaaaaaaaaaaaasxaaeaaasaaaav 1. Transfer Information: A. Was this transfer solely between husband and wife, addition of a spouse, death of a spouse, divorce settlement, etc? a.( ) YES b.( X) NO B. Was this transaction only a correction of the name(s) of the person(s) holding title to the property? a.( ) YES b.( X) NO C. Was,this document recorded to create, terminate, or reconvey a lender's interest in the property? a.( ) YES b.( X) NO D. Was this transaction recorded only to create, terminate, or.reconvey a security interest (e.g., co-signer)? a.( ) YES b.( X) NO E. Was this document recorded to substitute a trustee under a deed of trust, mortgage, or other slmllar.document? a.( ) YES b.( X) NO F. Did this transfer result in the creation of a joint tenancy in which the seller (transferor) remains as one of the joint tenants? a.(• ) YES b.( X) NO G. Does this transfer return property to the person who created the joint tenancy (original transferor)? a.( ) YES b.( X) NO H. Is this transfer of property: 1) to a trust for the benefit of the grantor? a.( ) YES b.( ) NO 2) to a revocable trust? a.( ) YES b.( ) NO 3) to a trust from which the property reverts to the grantor within 12 years? a.( ) YES b.( X) NO I. If this property is subject to a lease, Is the remaining lease term 35 years or more including written options? a.( ) YES b.( X) NO J. If this transfer is excluded from a change In ownership as defined in Section 62 of the Revenue and Taxation Code for any reason other than those listed above, set forth the specific exclusion claimed: Property is having lots 41 and 42 combined by the city of LaQuinta =aavaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaveaaaaaaaaaaaaaaaaaaaaaaaaaaaaaa=aaaaaaaaaaaaaaaaaaaaaaaaaaaa IF YOU HAVE ANSWERED -NO- TO QUESTIONS A THROUGH 1. INCLUSIVE. AND HAVE NOT CLAIMED ANY OTHER EXCLUSION UNDER QUESTION J PLEASE COMPLETE BALANCE OF FORM, OTHERWISE SIGN AND DATE. asa==aaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaa--aaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaa (OVER) - - SBE-ASD AH 502-A FRONT (3-6-85) L. ,yFU VI . V1 u o I — A. ( ) Single-family residence E. ( ) Mobil ehome - B. (� ),Multiple -family residence Oo of units:— _) F. ( ) Un oved I of C. ( ) Co-op G. ( ) co�clal /Industrial D. ( ) Condominlum H. ( ) Other (description: ) . ,aseamae==eaa=saner=a==x====essve=v=======a=aaas=:svaa=ma=era=msaeae=a==sin==:amain=era=a=asaeav=aaaamo=a===xa=a=a=a=eaaa=as 3. A. Cash Downpayment or Value of Trade (excluding closing cost).............................E B. 1st Deed of Trust at % Interest for years Amount ............................E ( ) Fixed Rate ( ) Variable Rate ( ) New Loan ( ) Assumed Existing Loan Balance ( ) FHA ( ) Finance Company ( ) Cal -Vet ( ) Savings'& Loan ( ) VA ( ) Loan Carried by Seller ( ) Bank ( ) All Inclusive Balloon Payment ( ) YES ( ) NO ........ E C. 2nd Deed of Trust at % interest for years. Amount ..........................E ( ) Fixed Rate ( ) Variable Rate ( ) New Loan ( ) Assumed Existing Loan Balance ( ) Loan Carried by Seller Balloon Payment ( ) YES ( ) NO........E D. Was other type of financing involved not covered in (b) or (c) above? a.( ) YES b.( ) NO Type at % interest for years. Amount... ....... $ ( ) Fixed Rate ( ) or'. abl a Rate ( ) New loan ( ) Assumed Existing Loan Balance ( ) Loan Carried by Seller Balloon Payment ( ) YES ( ) NO...:....E E. Improvement Bond: Outstanding Balance: Amount ..... ....... ............ .......„ ,,,,,,E F. TOTAL Purchase Price or Acquisition Price, if Exchanged: .............................. 4. Was any personal property Included in the purchase other than a mobllehome subject to local property taxi a.( ) YES b.( ) NO If yes, enter amount and attach itemized list of personal property: c. Amount E 5. Transfer is by: A. ( ) Deed; B. ( ) Contract of Sale; Co ( ) Foreclosure; D. ( ) Other - Explain: 6. Was only a partial Interest in the property transferred? a.( ) YES b.( ) NO If "YES" Indicate the percentage transferred ........ ....................... ................C. *7. A. ( ) Date of Transfer / 19 or B. ( ) If an Inheritance, Date of Death / 19 Month Day Month Day 8. Is, or will, the property (be) producing income? a.( ) YES b.( ) NO 9. If answer to Question 8 1s yes, is income pursuant to: -• A. ( ) Lease; B. ( ) Contract; C. ( ) Mineral rights; D. ( ) Other - Explain: 10. Did the transfer of this property involve the trade or exchange of other real property? a.( ) YES b.( ) NO *11. 'Is this property intended as your principal place of residence: a.( ) YES b.( ) NO If yes, enter date of occupancv / 19 or intended occupancy / 19 Month Day Month Day *If this date will be the same as the recording date, enter "See Recording Date". I certiW-"\at the forego) true, correct and complete to the best of my knowledge and belief. Signed ����} / J C cJ� aL^�� Date: - (New Owner/Corporate Officer) security Pacific --Ratio ' IIUS"L'=t:- Please Print Name of New Owner/Corporate Officer Deborah L. Davidson, Real Estate Officer Address P.O. Drawer 100, Rancho Mirage CA. 92270. Phone No. where you are available from 8:00 a.m. - 5:00 p.m. (519) -2 (NOTE: The Assessor may contact you for further Information) If a document evidencing a change of ownership is presented to the recorder for recordation without a concurrent filing of a preliminary change of ownership report, the recorder may charge an additional recording fee of twenty dollars (E20). The additional fee shall not be charged If the document Is accompanied by an affidavit that the ,ransfer-i Is not a resident of California. -___----------------------=._----------------___________________-------_----____-----__----====------_ AFFIDAVIT OF NDN-RESIDENT TRANSFEREE Th- T-en-geree (buyer) na! ' above Is.a resident of and not a resident of the State of California. State Siqned Date CqF-ACn Au sn7-A AArX Ali ' dw ..I x Olt Mns s V I-A� S ® b ? ., ;O s. 14 b. O { O 1 t 1 i 1 flb A b •� 1 V ;�^1 I 1—.—.•�, — � .. _ : - • •_7 Oo. a `1 ., .:alb; •- - - . ° , i .I. - - - - ., .,, : a� �S'dOrliV-y?-9 0?7/N3�1D' 4' 31g 0 RECORDING REQUESTED BY "NO WHEN RECORDED, MAIL THIS DEED AND, UNLESS 111014ERWISE SHOWN BELOW, MAIL TAX STATEMENTS TO,. ma r—Paul Ooetcheus AcoRca 3027-D Celle Sonora cmi Laguna Hills, CA. 92653 *TAM zlr ' L J HIBANKOFAMERICA O all SPACE ASOVE THIS IINE FOR REC011DER S USE /�y Escrow No. 1198-1732 Titls Order No. 454555 Corporation Giant Deed A.P.N. The undersigned declares that the documentary transfer tax Is i 119.90 ll a computed on the full value of property conveyed. 3 O computed on the full value fees the value of hens or encumbrances remaining at the time of Sale. 1 O unincorporated area: O City of FOR VALUABLE CONSIDERATION, receipt of which Is hereby acknowledged, GENERAL TELEPHONE C, 1PANY OF CALIFORNIA, who acquired title as Coachella Valley Telephone Company, a corpo• tion as to Lot 41; and General Telephone Company of California, as to Lots 42 and 43 a corporation organized under the laws of the State of California hereby GRANT(s) to PAUL GOETCHEUS, a married man as his sole and separate property the following described real property In the County of Riverside , State of California: Lotm 41, 42 anal 43 of Deon.rt 11.111h Tract Ilntt-No. 4, to tho Ctty or 14 putnta, County of Riverside, State of California, as shown by map on file in Book 21 Page 60 of Maps, in the Office of the County Recorder of said County. EXCEPT all standing, flowing, percolating or other waters 1n or under said property, together with the right to remove same through underground channels by means of wells or tunnels on other property as reserved in deeds recorded April 27, 1948 as Instrument No. 3836 and May 9, 1951 as Instrument No. 19660. See Exhibit A attached hereto and made a part hereof by this reference -for further covenants. In Witness Whereof, said corporation has caused Its corporate name to be affixed hereto and this Instrument to be executed by Its Vice President and Assistant Secretary thereunto duly authorized. Dated May 7, 1985 Civaaar►L Tm APMenm COth STATE OF CALIFORNIA t SS. Of CAUF0940-A COUNTYOF LOS ANGELES 4 gv On May 22, 1985 before me, x - the undersigned, a Notary Public In and for sold State, personally appeared WilliaD. Griffith H• m .1L, JR. -Apifistant kn t rtl t be the Vice FOR N TARYSEALVASUmp OWnO •0 President, and H. Ra1D Snyder, Jr. knowntometobe Assistant Secretary of the corporation that executed the within Instru• ment, and known to me to be the persons who executed the • within Instrument an behalf of the corporation Marvin ' named, and acknowledged to me that such �o►po►slion executed the items. &Pon am J. SABOL WITNESS my hand and official seal. sn� i". Cftffomm out . !�ff L ,,.. ... to Aaaraq 1xAAnr Omalmiw [M Gel Il 1� MAIL TAX STATEMENTS TO PARTY SHOWN ON FOLLOWING LINE; IF NO PARTY SHOWN, MAIL AS DIRECTED ABOVE NMv d - to ��`' .�� ` ` � ��• • ' � � Mli(i�!;I Yam. •� Exhibit A The grantor covenants and declares that said property is not necessary cr useful in the performance of its duties to the public, as prescribed by the Public Utilities Act, and is not needed for or used in the conduct of its business. m Secretary of the corporation that executed the within instru- ment, and known to me to be the persons who executed the within Ineftment on behalf of the corporation therein ' named, and acknowledged to me that such corporation exo utod the same. ewNir•!K WITNESS my hand and official seat. ��• ?��� r • 10�� fxM�r { ■1 f)aaMys OS Rt tt MM • not" MAIL TAX STATEMENTS TO PARTY BMOVdN ON FOLLOWING UNEt IF NO ?ARTY SHOWN, MAIL AS CiRECTt A9Oa 6 •i nr.w p.•,..... ta. D , G ...` • \ - J• Alo01101No s5oussta0 my .9 AND WHEN II1100MMD MAIL TO Paul Goetcheus 3027-D Calls Sonora �n.st AdWM Laguna Hills, CA. 92653 w L MAIL TAX STAMMENTa TO r Nn» atrwt AdaM address above ftw L CAT. MO. Memo To u» CA t)-M cq J 'I J AC! ABOVE THIS LINE MR MEOOIIDEM M Individual Ouftlaim Deed TMMI "" PwaNlswao an "am ""A iltawaan• The undersigned grantor(:) declare(s)t Documentary eranda tax is ! ( ) computed on full value of property oon. or ( ) computed on full value less value of liem and encumbrances remaining at tme of sale. ( ) Unincorporated area: ( ) City of . and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, ELIZABETH GOETCHEUS, a married woman hereby REMISES, RELEASES AND QUffCLAJ MB to PAM GOETCHEUS, a married scan as his sole and separate property the following described real propetty in the County of Riverstde . State of California. Lots 41, 42 and 43 of Desert Club Tract Unit No. 4, in the City of La Quints, County of Riverside. Sate of California, as shown by cap on file in Book 21 Page 60 of Maps, in the Office of the County Recorder of said County. EXCEPT all standing, flowing, percolating or other waters in or under said property, together with the right to remove same through undergrouhf,ohannals by means of wells or tunnels on other property as reserved in deeds reeco rrdsd_ April 27, 1948 as Instrument No. 3836 and May 9, 1951 as Instrumantk No.�i 660. Dated: May 7. 1985 1 Eliza th Goetcheua "AT1011" t!'OR,Nuverstde lss. COUNTY OF lAl On May 23, 1985 befog sr, toe es/et-ig '. a Noary Public In and for MM State. pe"onalyypptw Elisabeth Goetcheus ------------------- seteosaDf tssewa ee r or �to�ed to ne oe e!e bath of aao- aeeory etideacs so be the �etsoe�tsbas ages • srhsaibcl to the srkhLt iasaaeKat cad the she eseerted the tune. WITHmy bead sa/ officid sal. Title 0hder No. ssn e s r GPPCKIM ff:KEAAT2Wa.M SIL ISB • RaY aMa aw eSlt/ eatatt/ set0 � + ' n EftTew er I Mn No. 1 Of 2 �^ J 5 G 7 In 11 _= o 00 N u N O o • 1:i 19 aU .0ft 1� o;at:- �3ovo 15� `= ilWl 0 L O:a 1GI o� >:f 17 J < < a 18 19 20 21 22 23 24 25I 26 2n7 2 U All allegations of the Petipion are true. i JOHN PAUL GOETCHEUS died testate on August 5, 1985, in Ithe County of Orange, State of Cal:i'ornia, and was at the time of his death a resident of Riverside County. y On October 10, 1985, Petitioner was a ppointed Executor of the Estate of Decedent (referred to in this judgment as.the ipersonal representative of the Estate of the Decedent), was granted the authority to administer the Estate under the Independent Administration of Estates Act, and qualified as such i itpersonal representative #,n that dote. Since then Petitioner has been and now is the personal representative of the Estate of the I� Decedent. 'i Notice to creditors has been given as required by law, I ! the time for filing or presenting claims has expired and the Estate is now in a 'condition to be closed. All claims filed or presented against the Estate have been allowed by the Executor under the Independent Administration of Estates•.Act, and paid. - All debts of Decedent and of the Estate and all expenses of administration, and funeral expenses and expenses of .last. illness have been paid, except fees of LOVERIDGE AND STRATTON* A PROFESSIONAL LAW CORPORATION, attorney for the personal representative, statutory commissions of personal representative, and administration costs. All personal property taxes due and payable by this Estate have been paid. The value of the Estate- assets at the date of Decedent's death exceeded S400,000.00, and assets of over $100,000.00 are distributable to the following nonresident -2- 2 3 Q� ti 4 5 7 a 9 10 11 z: S 12 0`°"` 13 i9 (� Y i0 0 1 •i 0 a=a-- <3' 1; 15 ._ uo��= 16 Woo�� o:•J: 17 J < < a la 19 20) 21 22 23 24 25 26 27 1a beneficiaries KARLA JANE KUPEC JOHN PAUL GOETCHEUS, JR 59 Russet Hill Road 577 Arrowhead Drive, S.E. Shereorn, MA 01770 Grwnd Rapia „ MI 49506 The Certificate of the Call[ornia Fronchl:;e Tait Baord required by Revenue and Taxation Code Section 19262 is on file. - Distribution shall be ordered as follows: IT IS ORDERED AND ADJUDGED THAT: 1. The administration of the Estate is brought to a f close. 2. The First and Final Account of Petitioner as ' Personal Representative is settled, allowed, and approved as filed. 3• All acts and trah'sections of the personal representative of the Decedent's Estate relating to the matters set forth in the Account, Petition, and Report are confirmed and approved. 4. The personal representative is authorized and directed to pay LOVERIDGE AND 'STRATTON, A PROFESSIONAL LAW CORPORATION, as statutory fees for ordinary services rendered in the administration of 'this Estate, the sum of $19,598.78; and personal representative is authorized and directed to pay itself the sum of 519,598.78 as statutory commissions for administration of this estate; 6. The personal representative is authorized and directed to pay LOVERIDGE AND STRATTON, A PROFESSIONAL LAW CORPORATION, the sum of 52,300.00 as fees for extra -ordinary services to Petitioner and to the Estate; -3- L 1( 7. The personal representative is authorized and 'M i 2 directed to p6, itself the sum of $1,445.00 as fees for tM 3 extra -ordinary services to the estate. a 4 8. Notice to creditors has been given as required by 5 i law. 6 9. The Estate in the po6auselon of the peruonal 7 representative available for distribution consists of the 8 folioving property: 91 10 ITEM i, Par or 'I Shares Z= o° 1 2I! 12,500 00 a < Y h t 0 I 2. °u , 14 ! yFj . A ;�A` 151i 25,000 Ou�°�. O�Y 16 3 .� W ^ V y p f V 17 �i 2�, 000 J ` 18 4. 19 10,000 20 S. 21 7,S00 �2 6. 23 : 25,.000 2,1 7. 734:50 2 5 8. 26 27 61013.31 28 9. DESCRIPTION CALIFORNIA HEALTH FACS AUTH DANIEL FREEMAN HEM HOSP PROJ DTD 10-01-81 13.25% 1.0-01-2011 LOS ANGELES CALIF CMNTY REDEV AGENCY RESIDENTIAL MTG REVENUE MONTEREY HILLS REDEV PROJCCT DTD 12701-79 9% 01-15-2014 ORANGE COUNTY CALIF SINGLE FAMILY HOUSING REVENUE SERIES OF 1980 DTD 08-01-80 9.S1 08-01-2012 PARAMOUNT CALIF REDEV AGENCY RESIDNETIAL MORTGAGE REV DTD 07-02-79 7.3751 07-01-2011189 POMONA CALIF REDEVELOPMENT AGENCY RESIDENTIAL MORTGAGE REVENUE •DTD 09-01-80 10% 09-01-2013/90 SO CALICi3RNIA PUB PWR AUTH :WR PROJ REV DTD 11-01-82 10.25% 07-01-2015. DAMSON ENERGY COMPANY L.P. UNITS LTD PARTNERSHIP CL B FRANKLIN CALIF TAX -FREE -INCOME FUND INC OPEN END MUTUAL FUND SHS HELD IN AGT $11202236324 INC-CASH CAP'GNS-CASH MUNICIPAL BOND TRUST -4- VALUE 5 15.625.10 24,046.08 25,024.57 7,980.12 7,612.50 2S,835.94 9,640.32 39,486.63 op _ !'^ pi ca D' �� 0 1 9„ ® ® - O� 1 UNIT CTF SER 76 SEMI-ANNUAL 10 CLOSED -END MUTUAL FUND 9,988.40 10• UNITS OF PARTICIPATION IN THE q •''' a� 168,921 MONEY MARKET FUND 168,921.00 ° eoytt w `� 4 11• $130-000.00 1ST TD NOTE BY BLAS 4` -o. .4� 5 RIVERA i LINDA 'RIVERA PBLE n�- — . a 1. ' 524,398.26 OR MORE ANNUALLY 6i':w o v INCL INT @.12% PER ANNUM BEG p F. q eye 6 10-IS-86 UNTIL PAID 121,201.74 o nr p7 t. y" SECURED BY A DEED OF TRUST ON PROPERTY LOCATED AT THE Q y o'�?a SOUTEAST OUARTER OF THE = g NORTHEAST OUARTER OF SECTION°� C? 29 TOWNSHIP 8 SOUTH RANGE 9_ 10 EAST SAN BERNARDINO BASE AND ' MERIDIAN EXCEPTION THEREFROM _ ac 11I THE NORTHERLY 660 FEET -� I THEREOF. Z* ' DEED OF TRUST DATED 12-20-84., o 0;��� 13 RECORDED 01-04-85 IN BOOK Y Rio 1985- DOCUMENT 1978, RIVERSIDE o a ap pi°u on 14 COUNTY CALIFORNIA. zJA`ug 9'tlaca >— 15 , = 12. SO% INTEREST HELD IN g F �ta O:ero16 SINGLE FAMILY RESIDENCE ° z A..�, W Oeo 49-950 COACHELLA DRIVE 0'��� 17. LA QUINTA CA 92253 175,000.00 J a P{ d a� • 18 LEGAL: - IN THE STATE OF CALIFORNIA, COUNTY "e �z y% 19 OF RIVERSIDE, CITY OF LA OUINTA, " DESCRIBED AS FOLLOWS: 20 An undivided 1/2 interest in: D `` j� LOT 7 OF TRACT 5544, AS SHOWN BY a e" e' 21 HAP ON FILE IN BOOK 82 PAGES 31 AND O, 32 OF MAPS, RECORDS .OF RIVERSIDE A (' 22 COUNTY, CALIFORNIA. 23 APN: 617-540-007-4 ! r FO 24 13. 50% INTEREST HELD IN p, CONDOMINIUM c" 25 3027-D CALLE SONORA •� LAGUNA HILLS CA 92653 46.000.00 , o _ 26 LEGAL: 27 ;l ta_ PARCEL 1 : � .^f3 'n:-,:;• DWELLING UNIT D IN BUILDING NO. -- el Ab Jej �' ki� �°r�_c • ��� a .,;;{' ® O i:. �"' v—.ir4+..� - . � �v c? ,ry � �: i s { n s+.getiT�� t , °�r�F- ig $ r 7 �.. r' ° .i A - _ �rcf_ e: OE n" cY'a :.� 0, C! 1 2 �D Q� 3 4 5 6 .f 8 '10 111 z: 12 OR z: 08'g. 14 o t z, - Z3.u` 15 16. C _w r W 0'6 ^l07 P. 117 • 18 19 20 II 21( ,I. � 2 ! I 24 I 25 26 27 28 0 3027, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SAID UNIT IS SHOWN AND DEFINED ON THAT CERTAIN CONDOMINIUM PLAN ATTACHED TO AND MADE A PART OF THAT CERTAIN DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS RECORDED DECEMBER 23, 1970 IN BOOK 9499, PAGE 267, OFFICIAL RECORDS OF ORANGE COUNTY, AND AN 'UNDIVIDED 1/98TH 'INTEREST' IN AND TO ALL THAT PORTION OF LOT 2-OF' TRACT NO. 7128, AS SHOWN ON A MAP THEREOF IN BOOK 267, PAGES 37 AND 38, OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, SHOWN AND DEFINED AS "COMMON AREA" ON THE ABOVE REFERRED TO CONDOMINIUM PLAN. EXCEPTING ANY PORTION OF LOTS A AND 8 OF SAID TRACT NO. 7128 ADJOINING SAID LOT 2. EXCEPTING. THEREFROM ALL OIL, GAS, MINERALS AND 0THER HYDROCARBONS, BELOW A DEPTH OF 500 FEET, WITHOUT THE RIGHT OF SURFACE ENTRY, AS RESERVED IN INSTRUMENTS OF RECORD. PARCEL 2: NON-EXCLUSIVE CASEMENTS -FOR INGRESS AND EGRESS.' PUBLIC UTILITIES, SEWERS AND FOR ALL PURPOSES INCIDENTAL THERETO, INCLUDING, BUT NOT LIMITED TO THE CONSTRUCTION, INSTALLATION, REPLACEMENT, REPAIR,' MAINTENANCE, OPERATION AND USE OF ALL NECESSARY OR DESIRABLE ROADWAY, SIDEWALKS, AND CONDUITS OVER THE FOLLOWING DESCRIBED LAND: LOTS A, 8 AND C OF TRACT NO. 7128, AS PER MAP RECORDED IN BOOK 267, PAGES 37 AND 38, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. APN: 931-72-024 14. loot INTEREST HELD IN ' INDUSTRIAL/COMMERCIAL SLOG 73-802 LA FONDA LA QUINTA CA 92253 LEGAL: -6- 109,425.00 2' THE STATE OF CALIFORNIA, COUNTY OF RIVERSIDE, CITY OF LA QUINTA, 3 DESCRIBED AS FOLLOWS: 4, LOTS 41, 42, AND 47 OF DESERT CLUB TRACT UNIT NO, 4, IN THE CITY OF LA 5I OUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA,' AS SHOWN BY MAP ON 6 FILE IN BOOK 21, PACE 60 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; 7 EXCEPT ALL STANDING, FLOWING, PERCOLATING OR OTHER WATERS IN OR 9I UNDER SAID PROPERTY, TOGETHER WITH THE RIGHT TO REMOVE SAME THROUGH lloll UNDERGROUND CHANNELS BY MEANS OF lll� WELLS OR TUNNELS ON OTHER PROPERTY AS RESERVED IN DEEDS RECORDED APRIL 27,. 1948, IN BOOK 908 PAGE 146, AND 1 MAY 9, 1951, IN BOOK 1270 PAGE.18, O= $ BOTH OF OFFICIAL RECORDS OF RIVERSIDE kF�:� 1yI COUNTY, CALIFORNIA. ma z0 19I APN: 7-261-25/26 o I�' - J•<' 15 15' 50% INTEREST HELD IN °� LEMON GROVE. 16 SE QTR SEC 15 TWNP BWSQRBETR Oo aj' 17 THERMAL CA J < < • 18 LEGAL: 19 IN THE .UNINCORPORATED AREA OF THE STATE OF CALIFORNIA, COUNTY OF 20 RIVERSIDE, DESCRIBED AS POLLOWSs 21 PARCEL 1: 22� THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 15, 23 TOWNSHIP 8 SOUTH, RANGE 8 EAST, SAN BERNARDINO BASE AND MERIDIAN, IN 24 THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, ACCORDING TO THE 25 OFFICIAL PLAT THEREOF; EXCEPT THAT PORTION WITHIN THE 26 FOLLOWING DESCRIBED PARCEL BEGINNING AT THE NORTHEAST CORNER 27 OF THE SOUTHEAST QUARTER OF SAID SECTION 15; 28 THENCE WESTERLY ALONG THE NORTHERLY LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 15, 2580.00 FEET; -7- 65.000.00 0) 1 (D a 2 3 4 5 6 7 3 9 10' 11 z i $ 12 • 0 guns 13 s■ . cpt!9 11� uo 15 i Y i 16 o� o`er;► 17, J < 18 19 20 21 22 23 24 25 26 27 28 W . THENCE SOUTHERLY, PARALLEL WITH THE ►aTERLY LINE Of THE SOUTHEAST QUARTER OF SAID SECTION IS, 219.50 FEET; THENCE EASTERLY, PARALLEL WITH THE NORTHERLY LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 15, 2S80.00 FEET TO THE EASTERLY LINE THEREOF; THENCE NORTHERLY. ALONG ' THE EASTERLY LINE Cr THE SOUTHEAST QUARTER OF SAID SECTION 15, 219.50 FEET TO THE POINT OF BEGINNING: ALSO EXCEPT THAT PORTION WITHIN THE EAST HALF OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER. PARCEL 2: A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS OVER THE FOLLOWING DESCRIBED PROPERTY: THE SOUTHERLY 10 FEET OF THE NORTH 229.50 FEET OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF SECTION 15, TOWNSHIP 8 SOUTH. RANGE 8 EAST. SAN BERNARDINO BASE AND NLRTDIAN; EXCEPTING THEREFROM THAT PORTION LYING WITHIN PARCEL 1 HEREIN DESCRIBED. APN: 755-330-004-1 16. COMMUNITY PROPERTY INTEREST IN �\ HOUSEHOLD FURNITURE AND FURNISHINGES LOCATED AT • 49950 COACHELLA DRIVE LA QUINTA CA L 3027-D CALLE SONORA LAGUNA HILLS CA 3,000.00 17. 1985 GMC Ix4 ID s1G5CT1883F8503975 LICENSE •1LJC795 4,500.00 TOTAL PROPERTY ON HAND $858,288.20 10. Distribution shall be as follows: BY the terms of Decedent's Will, the Estate shall be listributed as follows: (A). Pursuant to paragraph TWO of.Decedent's will, -8- C'rry1�or;r e i• Y r_Yi+t F d� .r...�_ ,i�� h!.,,��.h'',•i"�R. #�_. � sW-. . Lef.`.e .•{�f " 'll�b ' , �'), �DO�. Cop _ F tal interest, together with the e Y Insurance thereon. that Decedent ),. d i0 2' may have had in automobiles, stamp or coin collections, all p .' Q 3 household furniture end furnishings, Jewelry,' chine, silverware, is 4 works of art, books, pictures, clothing, end all other teems of ' . e d o 51 domestic household or personal use or edornmenc which at the time a 61 of Decedent's death were in, about, or used in connection with m '`� o 71 Decedent's home, shell be distributed v ' a � to Decedent's surviving 8 Spouse; ELIZABETM GOETCHEUS. The dollar xc� value of said n ,l distribution shall be as more particularly set forth "EXHIBIT o in .� 10ij A" which is attached hereto and incorporate herein Oyer by this d 11 reference, ° l::�l z� M (B) a Pursuant to paragraph. THREE, Subparagraph e0 . OF :. k.0 ' 13� <f:<v (a), of Decedent's will, fifteen percent (15%) of the residue it a• zo �E.a. 14 of the estate shell be distributed to the decedent's son, JOHN PAUL 60 15 GOETCHEUS, JR. The dollar value of said distribution shell Q`y= 1G be as09 more particularly forth in set "EXHIBIT q c A" which is etteched, hereto and incorporate herein by this reference."ap a m � 18' (C) Pursuant to .paragraph THREE, Subparagraph eI 19 (b), of Decedent's will, fifteen percent (15% of the residue of a .20 the estate shall be distributed to the decedent's daughter, KARLA Or- ' a ark- 21 JANE KUPEC. The dollar value of said distribution shall be v . 22; as� more particula.ly set forth in "EXHIBIT ;' A" which is attached p 231 hereto and incorporate herein by this reference. 24� 11. Pursuant to paragraph FOUR and v d paragraph ELEVEN, - 25I of Decedent's will, the balance of the residue of the estate, 26 described above, shall be distributed In c, n Trust, to SECURITY Y,r c r 27 PACIFIC NATIONAL BANK, to be held by the Trustee for the U 28 following use and purposes: ry� p� two ad'. �'_ -• t '� ✓' 4 : °®n Airy, _.ml YI @ - a . b {7K C �. A. �q IF`�$i �- - ,. � �• !'. .'�-������!�'},i�'^q�+7�,.��'oi"p'�.r`.X�T�.M��^J1' Yi-� " 81�"�s� � �, ',l� �.� G`L'a tsJ rx+;.®� '..Q �,,.(�.� `6J'•3�(,'i .O. C 4,';aS� (91;� n ® O O P Dd ;o �•+. 1 (a) DIVISION ^JF RESIDU29 The residue of ~ �D 2! my Estate shall be divided into three (l) Trusts des' 9 ,� 4 designated ��� n6 3' as the Survivor's Trust, the Decedent's Trust, and the Tex w �< -- 4i Credit Trust. Each Trust may include undivided interests to assets of the Trust Estate.' The Survivor's Trust, the b�-.. o c s 6 Decedent's Trust, end the O u Tax Credit Trust shell be ° a 0 7 administered pursuant to the powers, provisions, and s,;d?; f restrictions contained in this document. r 9i If my surviving spouse should disclaim any @ + 6 l01 interest in any of the Trusts herein, then such disclaimed do interest shell pass under Paragraph 7 of this Trust just � as -�- � o it said surviving d' --, =-�•- z: 0 1..�I g reclaiming spouse were deceased. ?� �� . $vim• i "� ''� �ir•o 1'S (b) PRINCIPAL OF THE SURVIVOR'S TRUST: The N8•;� 11 Survivor's Trust shall consist of such of my wife's separate --if r i ,=yo 15 property as she may elect to transfer into the Trust Estate, w 34 Y. Wi�rr -.• o°-•�; 16 and such of my wife's one-half z�"L� C1/2) interest in any of our'i c� Woe _ Of.J� 17 community property as she may elect to transfer into the pr,, Jt ` 18 Trust Estate. 19 ' (1) The Executor shall satisfy the above ry o 20 described amount by selecting from my Estate and distributing �a D 21 to the Trustee assets, which may be in cash or in kind, or e Ap 22I pertly in each, a.td which may consist of fractional interest in other properties or in the Decedent's Trust or in the Tax $ ,6•-a '. 24 Credit Trust set forth hereinafter. -� 25 (ii) The Executor is directed to select �., 26 the assets for the Decedent's Trust, and the Tex Credit _ 27 Trust, which at the date or dates of distribution have an eke z r: sti 28 aggregate fair market value equal to such amount as finally a� _10- aw , p - "'�7: .r 'j b',k 4� '[''Ja .y -n:a 1p Q� i', °',..�,� w0 '�, p. p�'. e3�� .p r-_.GA�3••. b y �} q -.,4�'�. ��,;t°s,,:'; �+�Y'"`CT,�,,,�,�,,vj� � �, ..�+ R r��>� ��"c. i�.'�';.,,b=�,.,i: ?•� t.'�-''''".r' -� �'�,. '�r3' t� �. r�B. a L.::.. "-�5,. .' �.. _ �^1.� � "�, .. i_ .°O 1 �jt �°"<oMwt•xrt�in o e 7 o9- 1 T .® ® ® .'*6" determined. Assets allocated :n kind shall be deemed to '+�, r: q41- \&atisty this amount on the basis of their value at the date ' qa o o �;oa sy or daces of distribution to the Trusts. a„= �� a ¢. POP o, 3 o - PROVISIONS OF THE SURVIVOR'S TRUST:d 4 j e o m cI (a) INCOMEt The Trustee shall pay or apply the �� entire net income of this Trust to or for the benefit of my°..b , Wife during her lifetime to monthly or other convenient a a tea; p 7 installments. ff�c }� d (b) INVASION OF PRINCIPAL: If at any time or i 01 times during the life of thin Trust my said wife shall, in i �0�� her exclusive discretion, be in want of additional monies in order that she may accomplish her own desired life style, a� '- 2 O;une then in such case the Trustee shall distribute to my said a; f • f 1.5I f • O fu�a� wife so much -of the principal of this Trust as my Wife shall � q 14 t� a r ; z � f <'- demand. 0. UT oo-�e f 16 (c) REVOCABLE TRUST: This Trust is revocable at _�, 42 a Woe�� 17 I ' any time at the will of the Beneficiary, who may revoke it by r' 016 .. 9 yr. �f 18` a signed writing to that effect delivered to the Trustee. (d) SURVIVOR'S TRUST, GENERAL POWER OF k 2U�1 APPOINTMENT: On the death of my Wife, the Trustee shall °o , 21 distribute the balance then remaining, if any, of the 22 Survivor's Trust (including both principal and any accrued or'�„r e 23 undistributed income) to such one or more persons and O .•- 24 entities, including her own Estate, and on such terms and 25 conditions, either outright or in Trust, as my wife shall 26 appoint by a Will or by a separate writing, specifically 27 referring to and exercising this power of appointment 2£i (whether hor Will is executed before. or attar my death, k o `` p - O fiY :, � ry D ��`49 C A7' LY7. 0 - F 4 _ ^y ., ° . .<ys5 " YJy - e7•�'q,,."? p n ��e) 4-G 6 y' - Q i- Rr -r AD j "kw om , _ �`• .. :rx4:+"TV; s�Stb 01 provided that she survives me). a. (0) SURVIVOR'S TRUST# PROVISION IN DEFAULT OF r 3i APPOINTMENT: Any of the Survivor's Trust not effectively Q r °yJ o oz o o� appointed by my Wife in this manner shall be' added to the C]+ ,�f Decedent's Trust to follow the disposition of the Decedent's a Trust in all respects as hereafter provided; but the Trustee 3%., 6 711 in that event may, in the .Trustee's discration,' first pay out 'Y of the principal of the Survivor's Trust not so appointed by L 0 my 'Wife her last illness and funeral expenses and o' a o t,• �. ' obligations Incurred for her support, and any Estate or oo ll�i Inheritance Taxes attributable to the Survivor's Trust by � o u 1° reason of my Wife's death. oC z `o a ` �,v:: 13 PROVISIONS OF THE DECEDENT'S TRUST AND TAX } ¢r pFi w l,i I CREDIT TRUST: 9,� a r °�{ is•�S 15 (e► DIVISION OF THE G'ECEDENT'S TRUST: The o y e C,I e 9 so :ego 10 Decedent's Trust shall consist of an amount equal to the !'1 F ��;� 17 unlimited Federal Estate Tax Marital Deduction allowable J'I a ` 18 under the Economic Recovery Act Tex of 1981 in computing the y o . r r`#°+ 19 Federal Estate Tax owing as a result of the predeceased 47' 20 apouse's'death less: k o i 21 `\ (i) The value for -Federal Estate Tax crs;p o d \ 2 purposes ur oses of all items in the Decedent's gross Estate which" F �Q 4$-1Q 23 qualify for the Estate Tax Marital Deduction, and which pass 24 or have passed (as defined under the provisions of the 25 internal Revenue Code) to the Decedent's spouse otherwise a 26 than by the terms of this Paragraph of this Trust such as, za ' try but not limited to, surviving Joint Tenant or beneficiary of 28 insurance proceeds, or in any other manner; and R , -12_ -Xc 1; o e �G�u a _ dJ r. ij . U Q . @ B n {k I q,# a u ii fl vita:x �r ;V. . d # � i? .� �o a;� `A:° 4a' � �6 �a ' i'� �, �;� �n i � � �w "a, O ". � oc �p � p •,, �- " - t�{ � 'r y - &y � - u � • `� p U a �- R" y� '� : e�,1 �` rr '.I' � i-. � .. . - Q - � � C � d - � v, � o . ,sj�''Y. i1 .� ._._ _ ._ � , '�'Si `i3i4�'f9'.i �Pryr!' .._.�..., rnr, � T�i, r.3frS1`ir � • �:.n+, _ ., L. `� -_�i rs� i n� = i " 1 �< _ .�, x..v � �.. .�. °' O.%. ;r �_..,'b., That en. -aunt which is not subject to (gyp FegAral Estate Tax in the Estate of the predeceased spouse by a 2 N Cresson of the unused unified credit available at the date of J 4I the predeceased spouse's death under Internal Revenue Code 5Section 2010, as emended. I 6( (b) PROVISION OF DECEDENT'S TRUSTS 7i (i) IRREVOCABLE TRUST: Upon my death, 8 this Decedent's Trust shall become irrevocable. (ii) INCOME: The Trustee shall pay or 10 apply the entire net of this Trust, to or for the benefit of 11 my Wife during her lifetime in monthly or other convenieht 0 1^ installments. 01 M INVASION OF PRINCIPAL: In addition #��w ly to any other payments that the income cenefieiery under the z];;! Decedent's Trust is entitled to receive under this Trust, the a�jyo 1.. oao=o 16 Trustee shall pay to such beneficiary upon the beneficiary's q written request, such amounts of principal as are reasonably :•�. 17 o I J 18 required for said beneficiary's support, care, and 19 maintenance in said beneficiary's accustomed manner. of 20 living, but subject to the section entitled Standards for �21 Support,' Care, and Maintenance. The Trustee shall not take 22 into consideration mny income or other resources in order to 23 be entitled to receive such payments. 24 (iv) AUTHORITY TO PAY WIFE'S LAST 25 ILLNESS, TAXES AND FUNERAL EXPENSES: On the death of my Wife, 26 in the Trustee's discretion, income or principal of the Trust 27 may be used to pay her lest illness and funeral expenses, 28 other obligations or support, and any Federal or State Death -13- U 7 C 10 11 12 2 s o O? • M • �13 �0' 14 _ ' i J • 4,:u. 15 W 0&P- O i w e i 16 W�.�. Woo°S 0& 1% 18 19 20 21 22 23 24 25 26 27 Taxes. !V.) QUALIFIED TERMINABLE INTEREST PROPERTY: It is my intention thrt this gift of the Deceder,t's Trust shall qualify under Fe.derAl Estate Tax laws as a Qualified Terminable Interest Property subject to that election by my Executor or Trustee under Internal Revenue Code Section 2056(b) as amended by the Economic Recovery Tax Act of 1961. My Executor or Trustee shall have the power to make the election pertaining to .a Qualified Terminable Interest Property under the provisions of Internal'Revenue Code Section 2056(b). (c) DIVISION OF THE TAX CREDIT TRUST: The Tax Credit Trust shall consist of the balance of the Trust Estate. (d) PROVISIONS OF THE TAX CREDIT TRUST: (i) INCOME: The Trustee shall pay or apply the entire net income of this Trust, to or for the benefit of my wife during her lifetime in monthly or other donvenient installments. (ii) INVASION OF PRINCIPAL: In addition to any other payments that the income beneficiary under the Tax Credit Trust is entitled to receive under this Trust, the Trustee, shall pay co s::ch beneficiary upon the beneficiary's --vr4cen request, such amounts of principal as are reasonably required' for said beneficiary's support, care and maintenance in said beneficiary's accustomed manner of living, but subject to the section entitled Standards for Support, Care, and Maintenance. The Trustee shall not take into -14- 9 • • A lI consid- •,%,on any income or other .esources in order.to be pl 2.i entitled to receive such payments. ia0 ey 31 (iii) MARITAL DEDUCTIONS This Tax Credit 4`41 Trust is not intended to qualify for the Marital Tax �i Deduction arising out of a gift of Qualified Tarmitiable 6I Interest Property under Federal Estate Tax Law. 7 FINAL TERMINATION OF TRUSTt 8 Upon the death of my Wife, the Decedent's Trust 9 and the Tax Credit Trust shall both terminate and the 10 Trustee, or the Executor as the case may be, shall forthwith 11� distribute the entire net distributable Estate, or Trust Z. 12 Estate as the case may be, then remaining as follows:-,. 03 wo .4<t'°' 13 (a) The entire net distributable Trust Estate B;z� ean 14, shall be distributed in equal parts, share and share alike, �gu• 15 to my children JOHN PAUL GOETCHEUS, JR. and KARLA JANE KUPEC. W ■ � f � rroy` 16 (b) If either of said children should fail to °, Jt•`; 17 survive distribution and so dies leaving lawful issue a 18 sur.viving and which said lawful issue were in existence as of 19 the date of death of this Testator, then the ihdre of said 20 deceased child shall go in equal parts, share and share 21 alike, to the then surviving lawful issue of said deceased 22 child. 23 (c) If either of said children should fail to 24 survive distribution and . so dies leaving no lawful issue 25 surviving,. then 'the share of said deceased child shall go to 26 augment the share of the surviving child. 2/ PERPETUITY SAVINGS: 28 Unless sooner terminated, all Trusts created l� hereunder .shall cease and terminate in accordance with the � t ,g provisions the laws of the State of California pertaining H 3 to Perpetuities. 4 APPOINTMENT OF TRUSTEEt 5 I appoint SECURITY PACIFIC NATIONAL BANK, to be f Trustee of this Testamentary Trust and to serve without bond. 7 POWERS OF TRUSTEE: 8I The Trustee is authorized, in its sole discretion, f 9 with respect to any property, real or personal, including any 10i ' C umulated income, at any time meld under Of y provit;ion of i j 11! these Trusts and without authorization by any court and in = 0 1LI addition to any other rights, powers, authority and fu00 13 privileges granted by Statute >r general rules of law: 8.0 14 (a) To retain the same for such periods of °►:3: i�`o`_ 15 time as it shall deem advisable,. wheth•,c or not income �iY W r&ti osewu 16 producing. 0 1 � W , W oi�S pI•I►' 17 (b) To sell, convey or otherwise dispose of J I < 18 the .whole or any part thereof at such time, for such prices, 19 to such person or persons, in such manner, for cash or on 20 credit, and upon such other terms and conditions as it shall 21 deem advisable. 22 !c) To hold all or any part uninvested for 23 such -period of time as it shall deem advisable. 24 (d) To make such purchases or exchanges at 4uch� time from or with such person or per for such 26 prices, in such manner and upon such other terms' and 27 conditions as it shall deem advisable, and to invest and 28 reinvest in such bonds, preferred or common stocks, -16- "�� c 6 t7?t :�' 6.rwrr°p`tfc>FryP C -91 p c A cp� d. o 1i mortgages, interests in a �o Of ny kind cf investment crusts, life .n 20! insurance on the life oany person or • c ar. �O f persons, leases, ` 3I commodities, oil or gas royalties, or other evidences of �} 4 rights, interests or obligations secured or unsecured, or in o 5 such other property, real or personal, domestic or foreign, \ -6 as it shall deem advisable, whether or not any investment •.o \� ° m` 7 shall produce income or be of a westing nature and without a0 gto any -law regard law n Y concerning the investment of Trust funds or �• i o,r nl to the amount which shall be invested in any one security or ° 10 in any one kind of investment end m even though all or 11 substantially all of such investments may be in common stocks e+ __- — -_- a 12 or ocher securities, and even though all or substantially all �Qe �► � W 4 .� 13 of the principal of any one or more of the separate Trusts ¢FSZ: 4 a; NS'•o: 14 may be invested in the securities of one corporation. �.. 15 (e) To menage, maintain, improve, develop, 13 - o:..°io 16 lease for any term (whether or not extendin canoe°; 9 be yond the term s G1120" 17• of the Trusts created by this instrument or the term fixed by p c 18 any.. law), mortgage, subdivide, e,partition or otherwise dispose 19 df any real or personal -property or any interest therein; to b 20 make alterations in any buildings located on any such o ; 21 property or to demolish same; to construct new buildings; all 22 in such manner and up on such terms and conditions as it shall Y ` C*Z::Zt� A_ 23 deem advisable; and to enter into contracts with respect to 24 any of the foregoing. 25 (f) To grant options at such time, in such c, r?'o : 26 manner and'upon such terms and conditions as it shall deem } 27 GSadvisable in connection with the exercise of any of the r.' p� - ® 28 rights, duties, powers and authority v c o P y given to it by this -17- C O`Ci "' - _ �T7 o . �.� e� 'Ag: e � 40 Or v� ?'T% ° tT_',f.'t:�,.., s ct7 �+.r< ,� _ _4 a.-,�,_ ram. ..�. -n,._ ro ,• _. �� id,, 1� instrument. a � To consent to the subordination, 3� modification., renewal or extension of any debenture, note,' ql bond, mortgage, open aecou,it indebtedness or other .il obligation, whether or not secured or evidenced by any 6� writing, or of any tarm ur provision thereof, or of any 7I guarantee thereof, or to the release of such guarantee; to 8 foreclose mortgages and bid on property under foreclosure or 9 to take title to property by conveyance ;n lieu of the 10 foreclosure, either with or without payment.of consideration; llj to continue mortgage investments after maturing, either with Z o° 3:1 or without renewal or extension, upon such terms and �. <y;G<" 161 conditions as it shall deem advisable) to release obligors on F Ze OU a: 1bonds secured by mortgages or obligors on other obligations J • .1ST; 15 or to refrain from instituting actions vr suits against such 16 obligors' for deficiencies; to use such part of the property Wr;;o 3,Pz� 17 held under this instrument as it shall deem advisable fc . the 9. < 18 protection of any investment in real or personal property or 19 any investment in any mortgage or pledge on real or personal 20 property. 21 (h) To abandon any property, real or personal, 22 which it shall deem to be worthless or not of sufficient 23 value to warrant keeping or protecting; to abstain from the 24 payment of taxes, liens, water rents, assessments, repairs, 25 maintenance or upkeep of any such property ; to permit any 26 such"property to be lost by tax sale or other proceedings; or 27o convey any such property for a nominal consideration or .28 without consideration. -18- s o 1 EXHIBIT A ESTATE OF JOHN PAUL GOETCHEUS tT 3 SCHEDULE OF DISTRIBUTION H q, Assets on hand per First and rinal Account: $858,289.17 5 LESS: Attorney's Statutory roe S 19,598.78 Attorney's Extra -ordinary roe S 2,300.00 6 Executor's Statutory Commission S 19,958.78 Executor's Extra -ordinary Comm. S 11415.00 43.302.56 7 t3 Balance Available for Distribution. . . . . . . . . $814#986.61 DISTRIBUTION SHALL BE AS FOLLOWS: 10 11 TO ELIZABETH GOETHEUS: 12 Household Furniture z and rurnishings $ 3,000.00 u;; 13 Undivided 1/2 interest in a �, MrA GMC 4/4. VINGIGSVY1883FOS03975 4.500.00 7.300.00 X8 2 c w 14—£------ 002 - TO KARLA JANE KUPEC: 122.765.73 z3:<! 15 Cetu 122,765.73 i': TO JOHN PAUL GOETCHEUS: p�o�n 16 oc;=� TO SECURITY PACIFIC NATIONAL BANK. TRUSTEE 17 OF CREDIT TRUST AND DECEDENT'S TRUST: 561,955.15 >f`si ` 18 TOTAL DISTRIBUTION . . . . . . . . . . . ... . .S814.986.61 19 ' 20 21 22 23 24 DATED: ,.25 JUDGE Or THE SUPERIOR COURT 26 27 28 Entered un dj, t! I.:•:J P-2� TN0r0 34S � Judgment 9�ok������ r, s�-. r. .+s I .-y<• .. _ c - :, .:S+s. :r -..j<r,,. ,.x ., - •F �-3_ 7.:.....:; z---.t" �' a. - - ); * � ` •ice � � � , ` I f sY ". . r�yy Jap t F• , -'mow `I' �' �Ow;Vgv;Si1.,;. >. r i Y 4 rh yam', } � v e � rtiy„ w. � y„s - S E � P ♦ a ' -,r i v.;If- / £iW Y- l.':-_ .dt e� f 1. 1._-z"5ww.�. ,� a+. ♦ _,�.. ... L._.__PJ._._ �-r ... nos..... :. ... ( _ _ , ., R.ti.k' .. . x ,.i _ , �., e, [v.�.. i-', vr3 .. K� :. . i _ . _: 1�