HomeMy WebLinkAboutRES 042225-5.C - ETJ Disannexation, Kallus Revocable Living Trust, 44.66 acres, 3350 and 3418 FM 971RESOLUTION NO. CM ZZ 25 Jf. C-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS ("GEORGETOWN") RELEASING
APPROXIMATELY 44.66 ACRES OF LAND FROM THE CITY OF
GEORGETOWN'S EXTRATERRITORIAL JURISDICTION ("ETJ"),
SAID LAND IDENTIFIED BY THE WILLIAMSON COUNTY APPRAISAL
DISTRICT AS PARCELS R332247, R039101 AND R039116 AND BEING
LOCALLY KNOWN AS 3350 FM 971 AND 3418 FM 971, GEORGETOWN,
WILLIAMSON COUNTY, TEXAS, RESULTING IN A REDUCTION OF
GEORGETOWN'S ETJ; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on April 9, 2025, the City of Georgetown, Texas, received a petition requesting release
from its ETJ of an approximately 44.66 acre tract of land in the Joseph Berry Survey (the "Petition"),
a true and correct copy of such Petition being attached hereto as Exhibit A and incorporated herein
by reference; and
WHEREAS, pursuant to Subchapter D of Chapter 42 of Local Government Code, landowners or
residents may submit a petition seeking release of an area of land from the City's ETJ; and
WHEREAS, the City Secretary has reviewed the Petition and confirmed that it meets the
requirements of Subchapter D of Chapter 42 of the Local Government Code and the petition
requirements of Chapter 277 of the Election Code.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS:
SECTION 1. The City Council of the City of Georgetown, Texas ("City Council"), does hereby
find that the forgoing recitals are true and correct and adopts the recitals by this reference for all
purposes.
SECTION 2. To the extent required by state law, the City Council does hereby adjust the
boundaries and limits of the ETJ of the City of Georgetown, Texas, such that the ETJ of the City
of Georgetown, Texas, shall be and is hereby adjusted to release and remove the Area subject to
the Petition, as such Area is more particularly described and depicted in Exhibit B attached hereto
and incorporated herein by reference, from the ETJ of the City of Georgetown, Texas.
SECTION 3. The City Council is not consenting to this reduction of its ETJ except as required
by state law.
SECTION 4. This Resolution shall take effect immediately upon its passage.
Resolution No. QH 7-Z7.S - 5. L Page I 1
Release of Petition Area — Kallus Revocable Living Trust
PASSED AND APPROVED by the City Council of the City of getown, Texas, on the
ZZna dayof � 1 , 202f
CITY 9F GEORGETOWN, TEXAS
C?
ATTEST:
By:
Robyn Densm re, City Secretary
APPROVED AS TO FORM:
By:
SkyAMass n,City Atto�mey
Schroeder, Mayor
Resolution No. oLi 2 2 Z J —.5 • c-
Page 12
Release of Petition Area — Kallus Revocable Living Trust
Exhibit A
Petition
Resolution No. Ck ?
Release of Petition Area
APR - 9 2025
Georgetown City Secretary's Office CITY SEC.
Robyn Densmore
Georgetown City Hall
808 Martin Luther King Jr. St.
Georgetown, Texas 78626
Petition For Release Of Property From
Extraterritorial Jurisdiction
Theodore J. & Mary E. Kallus TRS of Revocable Living Trust
Known as Ted and Mary Kallus
We are 100% owners of the property at 3350 CR 971 Georgetown, Texas
78626 (the Property) pursuant to the deed recored at Document NO.
9449681 in the Official Public Records of Williamson County, Texas.
Deed Of Trust dated January 10 1986 recorded in Volume 1305, page 232
Williamson County Texas
Special Warranty Deed 2006015050 Filed and recorded 02/28/2006
Williamson County Texas
We are the sole owners of the property known as 33511332247 Legal
Description: AW0063 BERRY, JOSEPH SUR., ACRES 19.06, R039101 Legal
Description: AW0063 BERRY, JOSEPH SUR., ACRES 22.692 AND R039116
Legal Description: AW0063 BERRY, JOSEPH SUR., ACRES 1.0 all as part of 1
Deed.
The property listed 3350 FM 971 Georgetown, Texas 78626 is located within
the Extraterritorial Jurisdiction of Georgetown, Texas
We the sole property owners wish the property be released from the
Extraterritorial Jurisdiction of Georgetown, Texas
We hereby petition the City of Georgetown, Texas and request the following:
That the City of Georgetown release the Property, as described above by
metes and bounds in Exhibit A, map Exhibit B, and Exhibit C a copy of said
THE THEODORE J. KALLUS and MARY E. KALLUS REVOCABLE LIVING TRUST
AGREEMENT, from the Extraterritorial Jurisdiction of Georgetown, Texas
We the sole property owners believe that this Petition complies with Texas
Property Code Chapter 42, Subchapter D, and with Texas Election Code
Chapter 277.
PAGE 1
Petition For Release Of Property From
Extraterritorial Jurisdiction
Theodore J. & Mary E. Kallus TRS of Revocable Living Trust
Known as Ted and Mary Kallus
See attachments:
Exhibit A
Exhibit B
Exhibit C
TRUSTORS/TRUSTEES
FOR: THE THEODORE J. KALLUS and MARY E. KALLUS REVOCABLE LIVING TRUST
(D.O.B.)
Residence of
Williamson County in the State of Texas
U
Signed This Day
TRUSTOR/TRUSTEES
FOR: THE THEODORE J. KALLUS and MARY E. KALLUS REVOCABLE LIVING TRUST
( D.O.B. )
Residence of
Williamson County in the State of Texas
Signed This Day
PAGE 2
EXHIBIT "A"
LEGAL DESCRIPTION Or, AREA TO BE REMOVED FROM THE
EXTRATERRITORIAL JURISDICTION
[Please See Attached]
3.,_C:71'dh)c, Im""of•maiion. Deed ot* Trust daied Janua y 10. 198'. recordzu r
':'o[ttme 1305. Paco ?32, Official Records, Williamson County, Texas; and
assigned by instrument dated October 18, 1991, recorded in Volume 2075, Page
434. Official Records, Williamson County, Texas; and subsequently assigned by
instrument dated august 4, 1993, recorded in Volume 2363, Page 001, Official
Records, 1Villiamson County, Texas; and assigned by instrument dated May 12.
1994, recorded in Volume 2561, Page 0776; Official Records, Williamson
County, To-mis.
Property
BEING 44.660 acres of the Joseph Berry Survey, Abstract #63, in Williamson
County, Texas, exclusive of the 1\1 K &. T Railroad R O W which crosses this
tract, described below part of a tract of 145 acres described in a deed from Jack
Rice to Lott 13. Rogers dated July 10, 1951, of record in Volume 372, Page 40,
Deed Records, Williamson County, Texas.
BEGINNING at a point .in the center of the San Gabriel River, at the Southwest
corner ol::aid 145 acre tract and the Southeast corner of a tract conveyed by J.
g.o 1mLi`:', 1 -1 j5, 111 ih•:i
West line of the Joseph Berry Survey and approximately 1175 varas from the
Southwest corner of same.
THENCE North 19' West with the Wes( line of the Berry Survey and a fence
along the West line of the 145 acm, tract, at 1079.8 feet cross the; South R O W
line of the Ail K & T Railroad which runs North '771 35' Fit, 831,2 feet: to a
point in the East line of this tract, at 1180.5 feet the Borth R O W of the
Railroad, in all 1339 feet to an iron stalk beside a fence corner post at the
NorthWest corner of the 145 acre tract.
T , VOL 2 617 PAGE 0 4 9 8
THENCE North 810 50' Bast 409 feet and North 790 10, East, 429 feet with the
South R ® W fence of the old Georgetown Weir County Road, to set an iron
stake for the Northeast corner of this tract.
THENCE South 19" East at 1115.8 feet pass an iron stake on the North R O W
line of the Railroad at 1216.5 feet pass an iron stake on the South R O W line of
the Railroad at about 2460 feet set an iron stake on the North bank of the San
Gabriol River, in all 2563 feet to a point in the carter of the River, for the
Southeast comer of this tract.
THENCE South 610 10' West 37.5 feet and North 840 West, 870 feet with the
center of the River, upstream, to the POINT OF L'Oer-R,�J J\'G.
NOTE: Thero is excepted the 100 feet wide Railroad R ® W r(:;kaTe: to above,
described as follows:
BEG t�`�NIISIG at a port in the West line of the 44.660 acre tract, North 19° West,
1079.8 feet from the Southwest corner of sarne, in the South R O W line of the
Railroad.
THENCE .North 19" West, 100.7 feet.
THENCE North 770 35' Fast, 831.2 feet with North R O W lime to the East line
of the 44.66 acre tract.
THENCE South 190 Lust, 100.7 feet to the South R O W line of the Railroad.
THENCE South 770 35' West, 831.2 feet to the POINT Op l3LG1-1jtiMgG-)
containing, 1.908 acres.
14125, 10:38AM Williamson Central Appraisal District Map
1 I + 1 ��.qn FM�G71 rZanrnntnvM
Parcels: R332247
Parcel R332247
Identification
Number
Owner KALLUS THEODORE J
& MARY ETRS OF
REVOCABLE LIVING
TRUST
Site Address 3418 FM 471,
GEORGETOWN, TX
78626
Deed Acres 42.752
Abstract AW0063 - Berry,
Joseph Sur.
-"' Entities CAD,GWI,RFM,SGT,F08
Book
1`
Page
Instrument 2006015050
Number
Map Name 2.0236
�5.
WCAD -U,—.:.lL
Search
Ic�am to
Pecan
Pa
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�1 1 Esi
hops:/lpubllcdatamcad.orgtparcelmap, 11
EXHIBIT "B"
Williamson Central Appraisal District
Tax Roll Detail
[Please See Attached]
R332247
KALLUS 3418 FM 971, 202 v
(tiJA
THEODORE J & GEORGETOWN,
MARY E TRS OF TX 78626
REVOCABLE
LIVING TRUST
Page Pro,.e� y De-a4it
v
Property Status
Active
MARKET VALUE
Property Type
C1
Improvement Homesite Value N
Legal Description
AW0063 BERRY, JOSEPH SUR., ACRES 19.06
Improvement Non-Homesite Value N
Neighborhood
S901W - Mini -warehouse -east Georgetown
Total Improvement Market Value N
Account
R-20-0063-0000.0005B
Related Properties
J 03910.1 R03911A
Land Homesite Value N
Map Number
2-0236
Land Non-Homesite Value N
Effective Acres
-
Land Agricultural Market Value N
Owner Narne KALLUS THEODORE J & MARY E TRS OF REVOCABLE LMNG
TRUST
Owner ID
Exemptions Agriculture Use (AcNre)
Percent 100%
Ownership
Mailing Address PO BOX 115 GRANGER, TX 76530-0115
Agent -
Land Timber Market Value N
Total Land Market Value N
Total Market Value N
ASSESSED VALUE
Total Improvement Market Value N
Land Homesite Value N
Land Non-Homesite Value N
Agricultural Use N
Timber Use N
Total Appraised Va!ue N
Homestead Cap Loss A N
Circuit Breaker Limit Cap Loss A
Tom! Assessed Value N
N/A values are not applicable toward to
vah
13
Special Exemptions AG - Agrlcutture Use
EXEMPTONS
TAXING ENTITY EXEMPTIONS
� lYAF
E W,LJE
TAX ROTE PER 100
A.,M O'J NT
CAD -Williamson CAD
N/A
N/A
WA
fie M) el'�
N/A
N/A
N/A
* SiM�Y'[i,-airii( -r-O
N/A
NIA
NIA
Lf BE1y_Lyrli,r. CO
N/A
N)A
N/A
FWRD
GL.GEu:'ge;QY+t
N/A
N/A
N/A
+eExpand?Collapse
Improvement #t1 State Code
Homesite
Total Main Area (Exterior
Measured) Market Value
- F1 - Real, Commercial
No
20,W sq. Ft
N/A
RECORD i r'PE
)'EAR BUII T
SCE. FT
`JALJF
ADD'L INFO
1 Main Area
1996
2,800
N/A
v Detaiis
2 Main Area
1996
4,000
N/A
a Details
3 Main Area
1937
2,700
NIA
v retails
4 Main Area
1998
1,8DD
N!A
v De:aiis
5 Main Area
1998
1,000
N/A
V Oetails
6 Main Area
1998
2,600
NYA
V-Details
7 Main Area
1998
900
N/A
u Details
8 Main Area
1999
660
N/A
V Details
9 Base/Grave;
1995
32,000
N/A
0 Details
Parking
10 Main Area
2008
1,200
N/A
s Details
11 Main Area
3,000
NIA
Details
MARKET
SEGME'Nf STATE CODE
HC)MESITE
AG USE
1Cv1 USF..
LA\D SIZE
Vhl U E
T'r P E
1 - Commercial Ft - Real,
No N/A
N/A
N/A
1.000000 acres
Commercial
2-Improved D1 -Qualified
No N/A
N/A
N/A
18.060000
PastureI AG Use
acres
TOTALS
830,254 Sq. R I
19.06(10(1G
acres
23
H�
C'r'.L
E:!,R
0,IPROVF,`,lFNT
LA'tD
%1ARl"'E1
AG
Aci
T1%-1
TI'• �
/`FPknLED
C ?
CtP
rSSESSE
iv1PRKEi
U5E
f,-1ARKE7
USE
IGtiS
LQ55
2024
$960,935
$52,848
$1,013,793
$954,432
$2,619
SO
$0
$1,016,402
so
$0
$1,016,4
2023
$804,785
SS0,696
$85S,481
$915.574
$10,403
$0
$0
$86S,884
$0
$0
$865.8
2022
$657.330
$30,696
$708,026
$915,574
$6,845
50
$C
$714,871
$D
$0
$714,8
20ZI
$614,500
$19,450
$633,950
$351,271
$5,472
$0
$C
$639,422
50
SD
$639,4
2020
$632,07S
$21,977
$654,052
$396,916
$3,468
$D
$0
$657,520
$0
$0
$6S7,5
GEED DATE
2/21/2006
101411994
4/1/1985
Sr:LER
EjYH? I%SIR --
KALLUS, TED & MARY
KALLUS THEODOREJ & 200601505D
ELIZABETH
MARY ETRS OF
REVOCABLE LIVING
TRUST
DIXON, FRANK L
KALLUS, TED & MARY
ELIZABETH
VETERANS LAND
DIXON, FRANK L
BOARD
VETERANS LAND
VETERANS LAND
BOARD OF TEXAS
BOARD
L''J J`v1L,'?AGf
2617/2637/0477/0737
11591810
573/454/47.9/ 13-3D
33
1.uIlilclhlv PropeTIN V,il Lie
■.
600ft
I
a
23
R039101
Paige. Prope iy 9eta;ls
KALLUS 3350 FIV 971, 202 v
THEODORE J & GEORGETOWN,
MARY E TRS OF TX 78626
REVOCABLE
LIVING TRUST
N/A
�/
Property Status
Active
MARKETVALUE
Property Type
Land
Improvement Homesite Value N
Legal Description
AWD063 BERRY, JOSEPH SUR., ACRES 22.692
Improvement Non-Homesite Value is
Neighborhood
G30SM50H • E GtoWn ISD Abstracts
Total improvement Market Value N
Account
R-20-006.3-0000-0006
Related Properties
&132W
Land Homesite Value N
Map Number
2-0236,2-0244
Land Non-Homesite Value N
Effective Acres
-
Land Agricultural Market Value N
Land Timber Market Value N
Total Land MarketValue N
Ovrner Name
KALLUS THF,OOORE J & MARY E TRS OF REVOCABLE WNG
TRUST
Total Market Value N
Owner ID
ASSESSED VALUE
Exemptions Agriculture Use (Actfve)
Total Improvement Market Value 11
Percent 10096
Ownership
Land Homesite Value N
Mailing Address PO BOX 115GRANGER, TX76530-0115
Land Non-Homesite Value N
Agent -
Agricultural Use N
Timber Use N
Total Appraised Value N
Homestead Cap Loss O N
Circuit Breaker Limit Cap Loss Q
TAXING, FNIITY
CAD- Williamson CAD
+[� E s• Ly'5 E5DAR
L+� Gilt• 1.'SI:':ldJ?SA^ CQ
L flE�`d(On5171Q
F_Na1.1.tA
L SGLGe�Egr
Tota Assessed Value N
Special Exemptions
AG - Agriculture Use
E XEi•A PTIOwS Exu 1A'T IS3�.':
IAX:+ELE VALUE
FAX RATE 1'flR 100
AF:IOUNT
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
NIA
-nn1��: .: __ _1'._ as1: .a:--$ri3772i :.,..,_ 4-el 1:C, 8 iC.9
N/A
N/A
N/A
12
r v Expand/Collapse
Improvement #1 State Code Homesite Total Main Area (Exterior Measured) Market Value
D2 - Farm Buildings Excluding No NIA
Homestead
RECORD TYPE YEAR BUILT SQ. FT VALUE ADD1 INFp
1 Barn 1986 N/A 4, Details
LAND
SEGJiEV'1" S1ATE CODE HO'AESITE MARKET�+AL'JE `i'� :ISE 71V� USE LANE S17_E
TYPE
1 - Dry Crop II D3 - Dry Crop No N1A NIA N/A 22.692000
Or Farmland acres
TOTALS 988A a1 SQ. ft /
22.692000
acres
HS CBL
AG
AC TIM
TIPA
YEf,R IMPROVE-ME.NT
LA'NI MARKET
APPRAISED
CAP CAP
ASSESSE
MAR1tE5 J5£ fihAR1(cT
USE
LOSS LOSS
2024 $22,932
$0 $22,932 $908,503
$11,945 $0
$0
$34,777
$0 $0
$34,7
2023 $22,932
$0 $22,932 $871,515
$13,071 $0
$0
$36,003
$0 $0
$36,0
2022 $22,932
$0 $22,932 $871,515
$8,600 $0
$0
$31,532
$0 $0
$31,5
2021 522,932
$0 $22,932 $334,367
$6,876 $0
$0
$29,808
$0 $0
$29,8
2020 $21,785
$0 $21,785 $377,BiS
$4,357 $0
$0
$26,142
$0 $0
$26,1
DEED D A I E
SELLER
BUYER
INSTR r
VOLUIv1ElPf.GE
2/21/2006
KALLUS, TEE) & MARY
KALLUS THEODORE) &
20060150SO
ELIZABETH
MARY E TRS OF
REVOCABLE LIVING
TRUST
10/4/1994
DIXON, FRANK L
KALLUS, TED & MARY
2617/2637/0477/0737
ELIZABETH
4/1/1985
VETERANS LAND
DIXON, FRANK L
1159/810
BOARD
VETERANS LAND
VETERANS LAND
573/454/429/13-30
BOARD OF TEXAS
BOARD
22
IM(M 2 3
WCAD
Property Owner Prop ettyAdd ress laxYea <02=1Marker Vatue
R039116 KALLUS 3350 FM 971, 202 V N/A
THEODORE J & GEORGETOWN,
MARY E TRS OF TX 78626
REVOCABLE
LIVING TRUST
Page: , Property Details
v
2025 GENERAL INFORMATION
2025 VALUE INFORMATION
Property Status Active
MARKETVALUE
Property Type Residential
Improvement Homesite Value N
Legal Description AW0063 BERRY, JOSEPH SUR., ACRES 1.0
Improvement Non-Homeslte Value N
Neighborhood G30SM50H - E Gtown ISD Abstracts
Total Improvement Market Value N
Account R-20-0063-OWH-0OD6
Land Homesite Value N
Related Properties 8332247
Land Non-Homesite Value N
Map Number 2-0236
Land Agricultural Market Value N
Effective Acres -
Land Timber Market Value N
2025 OWNER INFORMATION
Total Land Market Value N
Owner Name
KALLUS THEODORE J & MARY E TRS OF REVOCABLE LIVING
TRUST
Total Market Value N
Owner ID
ASSESSED VALUE
Exemptions
Homestead ilActive), Tax Code 11.13(c) Exemption (Active)
Total Improvement Market Value N
Percent
Ownership
10096
Land Homesite Value N
Mailing Address
PO BOX 115 GRANGER, TX76530-0115
Land Non-Homesite Value N
Agent
-
Agricultural Use N
Timber Use N
Total Appraised Value N
Homestead Cap Loss A N
Circuit Breaker Limit Cap Loss A
Total Assessed Value N
2025 ENTITIES & EXEMPTIONS
TAXING ENTITY EXEMPTIONS
EXEMPTIONS TAXABLE VALUE
TAX RATE PER 100
AMOUNT
CAD -Williamson CAD
N/A
N/A
N/A
r FQ• wmsn ESD #8
N/A
NIA
N/A
CC y V�+ I• Wilhilmson CO HS, OA
N/A
N/A
N/A
(1 FR M• wmMM HS
N/A
N/A
N/A
FM/RD
Lo 55-T- c,czrgetown HS, OA
N/A
N/A
N/A
ISD
1/2
2025 WPROVEMLNTS
V Expand/collapse
Improvement #1 State Code
Homesite
Total Main Area (Exterior
Measured) Market Value
E1 - Farm And Ranch Improvements-
Yes
2,892 Sq. Ft
WA
residence
RECORD
TYPE YEAR BUILT
SQ. FT
VALUE
ADDT INFO
1
Main Area
1975
2,892
N/A v Details
2
Open Porch
-
300
N/A V Details
3
Detached Garage
748
N/A v Details
4
Deck
1994
852
N/A v Details
5
Site Improvement
1
N/A %0 Details
6
Canopy
2022
561
N/A r Details
7
Covered Patio
1986
322
N/A V Details
2025 LAND SE_,NIENTS
LAND
MARKET
SEGMENT
STATE CODE HOMESITE
AG USE TIM
USE LAND SIZE
VALUE
TYPE
1 - Residential
E1 - Farm And Yes
N/A
N/A N/A
1.000000 acres
Ranch
Improvements -
residence
TOTALS
43,560 Sq. ft /
1.0DOGD0 acres
VALUE HISTORY
HIS CBL
AG
AG TIM
TIM
YEAR IMPROVEMENT LAND MARKET
APPRAISED
CAP CAP ASSESSE
MARKET USE MARKET
USE
LOSS LOSS
2024 $340,068
$32,029 $372,097 $0
$0 $0
$0 $372,097
$6,593 $0 $365,5
2023 $301,551
$30,725 $332,276 $0
$0 $0
$0 $332,276
$0 $0 $332,2
2022 $411,440
$50,696 $462,136 $0
$0 $0
$0 $462,136
$152,463 $0 $309,6
2021 $278,828
$19,450 $298,278 $0
$0 $0
$0 $298,278
$16,757 $0 $281,5
2020 $233,893
$22,035 $255,928 $0
$0 $0
$0 $255,928
$0 $0 $255,9
:SALES HISTORY
DEED DATE
SELLER
BUYER
INSTR #
VOLUME/PAGE
2/21/2006
KALLUS,TED & MARY
KALLUS THEODORE I &
2006015050
ELIZABETH
MARY ETRSOF
REVOCABLE LIVING
TRUST
10/4/1994
DIXON, FRANK L
KALLUS, TED & MARY
2617/2637/047710737
ELIZABETH
4/1/1985
VETERANS LAND
DIXON, FRANK L
1159/810
BOARD
VETERANS LAND
VETERANS LAND
573/454/429/13-30
BOARD OF TEXAS
BOARD
2/2
u Expand/Collapse
Improvement #1
State Code
Homesite
Total Main Area (Exterior Measured) Market Value
E1 - Farm And Ranch Improvements
•
Yes
2,892 Sq. Fe
N/A
residence
RECORD
TYPE YEAR BUILT
SQ, FT
VALUE
ADD'I- INFO
1
Main Area
1975
2,892
N/A
v Details
2
Open Porch
300
N/A
w; Details
3
Detached Garage
748
N/A
v Derails
4
Deck
1994
852
N/A
V Details
5
Site Improvement
1
N/A
v Details
6
Canopy
2022
561
N/A
v Details
7
Covered Patio
1986
322
NIA
k, Details
LAND
SEGME.,.T
STAIE CODE HOMESITE MARKET \G USE
TI^A USE LAND SIZE
VALUE
TYPE
1 - Residential
E1 - Farm And Yes N/A NIA
N/A 1.000000 acres
Ranch
Improvements -
residence
TOTALS
43,560 Sq. ft /
1.001=1 acres
H5
CBI_
AV
AC
Tlivl
71iV1
YEAR
1`.1PRO%eE,4E',T
LAtiD
MARKET
APPRAISED
CAP
CAP
ASSESSE
MARKET
USE
MARKET
USE
LOSS
LOSS
2024
$340,068
$32,029
$372,097
$0
$0
$0
$0
$372,097
$6,593
$0
$365,5
2023
$301,551
$30,725
$332,276
$0
$0
$0
$0
$332,276
$0
$0
$332,2
2022
$411,440
$50,696
$462,136
$0
$0
$0
$0
$462,136
$152,463
$0
$309,6
2021
$278,828
$19,450
$298,278
$0
$0
$0
$0
$298,278
$16,757
$0
$281,5
2020
$233,893
$22,035
$255,928
$0
$0
$0
$0
$255,928
$0
$0
$255,9
DEED DATE
SELLER
BUYER LCSTR -'
VOL'Ui`JF PACE
2/21/2006
KALLUS, TED & MARY
KALLUS THEODORE J & 2006015050
ELIZABETH
MARY E TR5 OF
REVOCABLE LIVING
TRUST
10/4/1994
DIXON, FRANK L
KALLUS, TED & MARY
2617/2637/0477/0737
EL IZAB ETH
4/1/1985
VETERANS LAND
DIXON, FRANK L
1159/910
BOARD
VETERANS LAND
VETERANS LAND
573/454/429/13-30
BOARD OF TEXAS
BOARD
2?2
R039116 KALLUS 3350 FM 971, N/A
THEODORE J & GEORGETOWN,
MARY E TRS OF TX 78626
REVOCABLE
LIVING TRUST
Page: p (,p
Property Status
Active
Property Type
Residential
Legal Description
AW0063 BERRY, JOSEPH SUR., ACRES 1.0
Neighborhood
G305MSOH - E Gtown ISO Abstracts
Account
R 20-0063-ODUH-0006
Related Properties
13,03=1. R3,9224Z
Map Number
2-0236
Effective Acres
-
Owner Name KALLUSTHEODORE J & MARY E TAS OF REVOCABLE LIVING
TRUST
Owner ID
Exemptions Homestead (Active), Tax Code 11.13(c) Exemption (Active)
Percent 100%
Ownership
Mailing Address PO BOX 115 GRANGER, TX 76530-0115
Agent -
T.k I\G ENrI IN
E<E>APTIONS
CAD- Williamson CAD
CL F39- 1t1 nIsr,�efi
C? GWI- W,L;a rsorrQ
HS, CA
If-' RF14. Wmsn CO
F&VIRD
HS
rn S T- G orgeM=
HS, CIA
M
I
MARKET VALUE
Improvement Homesite Value N
Improvement Non-Homesite Value N
Total Improvement Market Value N
Land Homesite Value N
Land Non-Homesite Value A
Land Agricultural Market Value h
Land Timber Market Value N
Total Land Market Value N
Total Market Value N
ASSESSED VALUE
Total Improvement Market Value h
Land Homesite Value N
Land Non-Homesite Value N
Agricultural Use N
Timber Use N
Total Appraised Value N
Homestead Cap Loss A
Circuit Breaker Limit Cap Loss A
Total Assessed Value N
EXEMPTIONS
AMOUNT fa.7aBLE' AiJE 1 ?: RAiE PER 100
N/A N/A N/A
N/A N/A N/A
N/A N/A NIA
N/A N/A N/A
N/A
N/A
NIA
112
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P,cc31-dhig InfOrmation: Deed o Trust dated January 10, 1986. recorded in
S''olu nic 1305. Past 232, Official Records, WilUamson County, Texas; and
assigned by instrument dated October 18, 1991, recorded in Volume 2075, Page
434 Official Records, Williamson County; Texas; and subsequently assigned by
instrument elated :August 4, 1993, recorded in Volume 2363, Page 001, Official
Records, Williamson County. Texas; and assigned by instrument dated May 12,
1994. recorded in Volume 2561, Page 0776, Official Records, Williamson
County, 'Tiaras.
Property:
BEING 44.660 acres of the Joseph Boxy Surrey, Abstract #63, in Williamson
County, 'Texas, excllisive of lilt'. \1 K & T Railroad R 0 W which crosses this
tract, described beloNv part of a tract of 145 acres described in a deed from lack
Rice to Lott 13. Rogers dated July 1_0, 1951, of record in Volume 372, Page 40,
Deed Records, Williamson County, Texas.
BEGINN1t-.G at a point in the center ut' the San Gabriel River, at the Southwest
corner of saicl 145 acre tract and the Southeast corner of a tract conveyed by J.
L iiiliUrii, Ui :CCllia in VU1LLl17e rO, Pagt SlJ, ;ii ir[w
West line of the Joseph Berry Survey and approximately 1175 varas from the
Southm'est corner of sane.
THENCE Nor117 19° West Nvith the West line of the Berry Sun,ey and a fence
along tilt: \\'CSl line of the 145 acre tract, at 1079.8 feet cross the South R 0 W
line of tilt: N4 K & T Railroad which runs North 771 35' Last, 831.2 feet to a
point in the Last line of this tract, is 1180.5 feet the North R O W of the
Railroad, in all 2339 feet to an iron stake beside a fence corner post at the
NorthWest corner of the 145 acre tract.
VOL. 2617PaE 0 4 8
THENCE North 810 50' East 409 feet and North 79010' East, 429 feet with the
South R O W fence of the old Georgetown Weir County Road, to set an iron
stake for the Northeast corner of this tract.
THENCE South 19° East at 1115.8 feet pass an iron stake on the North R O W
line of the Railroad at 1216.5 feet pass an iron, stake on the South R O W line of
the Railroad at about 2460 feet set an iron stakee on the North bank of the San
Gabriel River, in all 2563 feet to a point in the center of the River, for the
Southeast corner of this tract.
THENCE South 610 10' West 37.5 feet and North 840 West, 870 feet with the
center of the River, upstream, to the POINT OF BEGINNING.
NOTE: There is excepted the 100 feet wide Railroad R 0 W referred to above,
described as follows-
BEGDEQNG at a point in the West line of the 44.660 acre tract, North 190 West,
1079.8 feet from the Southwest corner of same, in the South R O W line of the
Railroad.
THENCE North 19' West, 100.7 feet.
THENCE North 77- 35' East, 831.2 feet with North R O W line to the Fast line
of the 44.66 acre tract.
THENCE South 190 East, 100.7 feet to the South R O W line of the Railroad.
THENCE South 77° 35' West, 831.2 feet to the POINT OF BEGINNING,
containing 1.908 acres.
EXHIBIT ►►c'►
THE THEODORE J. KALLUS and MARY E. KALLUS
REVOCABLE LIVING TRUST AGREEMENT and
NOTARIZED DECLARATION OF TRUST
[Please See Attached]
Exhibit B
Legal Description and Map
Resolution No.
Release of Petition Area
,,-cjrdh)c, In-L"ori a.ion: Deed of 1 rusi dated January 10, 19M. recordeu :n
�'oittmc 1305. Paco 232, Official Records, Williamson County, TeXas; and
assigned by instrument dated October 18, 1991, recorded in Volume 2075, Page
434. Official Records, Williamson County, "Texas; and subsequently assigned by
instrtimcnt dated August 4, 1993, recorded in Volume 2363, Page 001, Official
Records. Williamson County, Texas; and assigned by instrument dated May 12,
1994, recorded in VolLlnle 2561, P;rgc 0776; Official Records, Williamson
County, Texas.
Property,
BEING 44.660 acres of the :foseph Berry Survey, Abstract #63, in Williamson
County, Texas, exclusive of the 1\1 K & T Railroad R O W which crosses this
tract, described belov., part of a tract of 145 acres described in a deed from faek
Rice to 1_ott 13. Rogers dated July 20, 1951, of record in Volurne 372, Page 40,
Deed Records, Williamson County, Texas.
SEG1NNIPJG at a point in the center of the San Gabriel River, at the Southwest
corner of said 145 acre tract and the Sutith, ast corner of a tract conveyed by J,
ii.C:iti:;' A.':i`: Ci W rC&U G. 7-UII!Vra, Ui NCUIc.t r[1 VUlUrne =rw0, 1.-iLgt Z15, iii �h;:
West line of the Joseph Berry Survey and approximately .1175 varas from the
Southwest corner of same.
THENCE North 19' NNIest with the West line of the Berry Survey and a fence
along the West line of the 145 acre, tract, at 1079.8 feet cross the: South R O W
line of the° NI K & T Railroad which runs North 771 35' East, 831.2 feet to a
point in the Last line of this tract, it 1180.5 feet the North R O W of the
Railroad, in all 13:39 feet to an iron stake beside a fence corner post at the
NorthweSl corner of the 145 acre tract.
Y�lr.-
THENCE North 810 50' East 409 feet and North 790 10, East, 429 feet with the
South R 0 W fence of the old Georgetown Weir County Road, to set an iron
stake for the Northeast corner of this tract.
THENCE South 190 East at 1115.8 feet pass an iron stake on the North R 0 W
line of the Railroad at 1216.5 fleet pass an iron stake on the South R C W line of
the Railroad at about 2460 feet set an iron stake on the North bank of the San
(M).riol River, in all 2563 feet to a point in the canner of the River, for the
Southeast comer of this tract.
THENCE South 61' 10' West 37.5 feet and North 840 West, 870 feet with the
center of the River, upstrearn, to the POINT' OF 23HGrvRiMG,.
NOTE: There is excepted the 100 feet wide Railroad R 0 W Yeforred to above,
described as follows:
BEGMNING at a point in. the West line of the 44.660 acre tract, North 19' West,
1079.8 feet from the Southwest comer of same, in the South R 0 W line of the
Railroad.
THENCE North 191 West, 100.7 feet,
THENCE North 770 35' East, 831.2 feet with North R 0 W lute to the East lime
of the 44.66 acre tract.
THENCE South 190 East, 100.7 feet to the South R 0 W line of the Railroad.
THENCE South 770 35' West, 831.2 feet to the POINT OF I;EGi INIlVG,
containing 1.908 acres.
3A'25, 10:38AM
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Parcels: R332247 � 7
Parcel R332247
Identification _
Number
Owner KALLUS THEODORE J-
& MARY E TRS OF —
REVOCABLE LIVING ._.
TRUST �„ _ -•• get,, 1
Site Address 3418 FM 971,
GEORGETOWN, TX
78626 Pecan
' = P,
Deed Acres 42.752
Abstract AW0063 - Berry, r �' WIN
Joseph Sur,
Entities CAD,GWI,RFM,SGT,F08
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EXHIBIT licit
NOTARIZED DECLARATIOti OF TRUST
THE THEODORE J. "LLUS AND JIARI' E. KALLUS
RE VOCABLE LIVING TRUST AGREEMENT
The undersi ° e� hereby certifies that they created a Revocable I_i ir,` Tntst. This
Trust is knov.'n as. THE THEODORE J.1-AL LS AND 1.iARY E. K--�LLL-S REVOCABLE
LINING TRUST, dated the day of
by and bets;" eeii THEODORE J. -\LLLS and MARY E. kALLUS, Trustors and Trustees,
residing at 1350 FBI ?1, tl�e Cit, of GEORGETOWN, the State of TEXAS, the County of
NVILLIA-%1SON.
IT IS AGREED BETWEEN THE PARTIES HERETO AS FOLLOWS:
The parties hereto desire to confirm the establishment of a Revocable Trust on this
date, for the benefit of the Trustors (as husband and wife) and containing herein the following
Provisions:
1. The Trustors are designated as the Trustees to serve until both of their deaths,
resignations or incompetence.
2. l Tpon the end of the terms of the original Trustees, PATRICIA NI. SHIROCKY,
PAM& W. KALLUS and TED JOHN KALLUS are designated as Joint Co -Successor
Trustees.
3. Upon the death of either Trustor, the surviving spouse retains the unlimited right to
the Trust. She or he also retains a general power of appointment which can be exercised by
will or by lifetime transfer over the Trust property.
4. Any Trustee/Trustor has the power and authority to manage and control, buy, sell, and
transfer the trust property, in such manner as the Trustee may deem advisable, and shall have,
enjoy and exercise all powers and rights over and concerning said property and the proceeds
thereof as fully and amply as though said Trustee were the absolute and qualified owner of
same, including the power to grant, bargain, sell and convey, encumber and hypothecate, real
and personal property, and the power to invest in corporate obligations of every kind, stocks,
preferred or common, and to buy stocks, bonds and similar investments on margin or other
leveraged accounts, except to the extent that such management would cause includability of
an irrevocable trust in the Estate of a Trustee.
5. Following the death of both husband and wife, the Trust continues or is distributed in
whole or in part for the benefit of other named Beneficiaries according to the terms of the
Trust.
G. While both Trustors are 1 iving and competent, except when there shall be a Corporate
Trustee, either Trustee may add money to or withdraw money from any bank or savings and
loan or checking account owned by the Trust without the approval of the other Trustee or
other Trustor, provided, however, that the ownership of hinds received and deposited,
whether community property or non -community property shall remain the same and the
Trustor removing or adding funds shall gain no additional ownership interest therein than was
present prior to the withdrawal from or addition to the Trust Account.
Notarized Declaration of Trust --Page 1
7. All property transferred into the Trust which had an original source as community
property shall remain community property unless other provisions shall have been made
therefor.
8. All personal property transferred into the Trust remains personal property and all real
property transferred into the Trust remains real property.
9. Unless otherwise indicated to a prospective transferee, the Trustee has full power to
transfer assets held in the name of the Trust and subsequent transferees are entitled to rely
upon such transfers provided the chain of title is not otherwise deficient.
10. The Trust Agreement also states that any bank, corporation, brokerage firm or other
entity or any individual may conclusively presume that the Trustee has full power and
authority and such person or institution shall be held harmless and shall incur no liability by
reason of so presuming.
11, The situs of the Trust is the State of Texas.
12. The use of this Summary of Trust is for convenience only and the Trust is solely
controlled as to- the provisions and interpretations, and any conflict between this abstract and
the Trust shall be decided in favor of the Trust.
IN WITNESS WHEREOF, the parties have hereto executed this Surrrmary of Trust
this date.
TRUSTORS\TRUSTEES:
/ %
i ITW _ .
MARY KALLUS
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
On this the �� day of , before
me, a Notary Public, personally appeared THEODO kE J. KALLUS and MARY E. KALLUS,
personally known to me to be the persons whose name are subscribed to this instrument, and
acknowledged that they executed it for the purposes herein expressed.
Notary runuc, Mate or i exa-s
MARLIN BRANTLEY
Notary Public, State of Texas
My Commission Expires
December 23, 2007
Notarized Declaration of Trust --Page 2 """"
THE THEODORE J. KALLUS AND MARY E. KALLUS
REVOCABLE LIVING TRUST AGREEMENT
Declaration of Intent
The undersigned hereby declare that as Trustees of THE THEODORE J. KALLUS
AND MARY E. KALLUS REVOCABLE LIVING TRUST, they are acquiring and will hold
in the name of THEODORE J. KALLUS and MARY E. KALLUS, but without further
reference to their fiduciary capacity, all items listed on the attached schedule(s) hereto and
incorporated herein as amended, from time to time, as well as household furnishings,
automobiles, jewelry, bank accounts, securities, bonds, clothing and other personal property
of any kind in their name or in either of their names and henceforth such assets shall and will
belong to said Trust and not to them individually; and they further hereby declare that, except
to the extent of interest provided to them under the terms and provisions of said Trust, they
have no personal interest in any of the above itemized personal properties, it being intended
that this Declaration constitutes an affirmation of Trust ownership and an assignment to this
Trust and shall be binding on their heirs, administrators, executors and assigns.
IN WITNE HER ., F, the undersigned h, executed this instrument this
day ofG�•
THEO RE J. KAL S,
Trustor/Trustee
C�
MARY E. I LLUS,
Trustor/Trustee
STATE OF TEXAS §
COUNTY OF'WILLIAMSON §
:BEFORE ME, the undersigned authority, on this day personally appeared
THEODORE J. KALLUS and MARY E. KALLUS, known to me to be the persons whose
names are subscribed to the foregoing instrument, and acknowledged to me that they executed
the same for the purposes and consideration therein expressed and in the capacity therein
stated.
S SCRIBED AND SWORN this day of
kNotary
�;MARLIN BRANTLEY
F'ubk, State of 'texas
My COITIMiS5I Expiros Otary Public, Sta Of T
'�Y;+•,�;.:;;` December 23, 2007
EXHIBIT "C"
lDf1�1�E,�.,P ...�..�y .�^%1�1c�1J�/_• �.y1N�
BELTNV'EI,N:
A'1IE;CDDORE J. KALLUS s#i\) N7.A.1 Y lip:. KAC,,l US,
AS 'rtF1;lJSTCl;RS
AN D.
'1<'HEO DORE ,1. KAl LUS AND IMARY F. KAL,Luis,
ASTRUSTEES
TI-11.10 :)C RE1, J'. IAA l .,LUS r:rud IM A RY l , f l LLUS, residen-l's of the Stalc ol" 111'�N AS,
C OL111ty cal- %VI ..LIA M SON, hmvby cstalal is118 1"rtrSt UPCMI the. conditions and for the. purpose";
hereafter set forth.
AR' ICA,E ONE
1."Mablishmelrt tarrci Funding; of the 'Trust
11'4ctiol'i LQ 1_,.._.Mime f_ Frfist;
This, is a reNr(,xablu Iiving; trust and shall be KAI, LU'S
AND MARY F. 1</lI. LUS REVO(..'A 3LE I...IV1NG "TRUST," All veforcmrces to "my trust"
or "our trust" or "trust" or "family trust", unless othcrvise stated, shall refer to this rc ",oc"able
living trust MId the' trust, created in it.
Section ,1,02, T1118,l F st-,rtC i)Cf`i11Cd
This 'l`rusl i,z9 Cor red to hold title to real and personal property Cor the benefit c) P the
t rustors o hiS TrLu-,:t and to proViCIC t01- the 01-d(.'V1Y UW t1nd tra sfer of"these 7: sets upon the
death of the '..1''rustors. 'Fhe "'Frusl Estate" is (1 t1ned as kill plvperty, trkiliste;rred or collvvycd
to and received by the; Trustee;, held pursuant to the t0l'111S of'this instrtlrnelrt. 'I'llC Trustee is
required to hold, administer, mid distribute this pr-operty as provided in this'1"rust Agree:rnent.
1ai� 'fill (Dto)t:)l 1p J_ 14 .1.1:s alid MARYY_F. KALLUS l evocubleL.ivin� l:riis�,-•ry,i��c 1
c►ectian 1.t1.O1 Initial Funding -of this Trust
Trustors hereby initially fund this 'rt-U.it with "Tell and No/100 Dollars ($10,00)
together with the property described in Scbcdulc.- A, which is attached hereto and
incorporated fully herein for all purposes the same as if fully set forth. All such property is
conveyed, transferrG;d and delivered to the 'Trustee, in trust, without consideration. The
property described illhcdul(is not merely being desc ibed far illustration or to reflect
ri,n intent to tt•atlsfer, but is hereby transferred. For this purpose, this Agreement) including
the attached , .�iedul A, constitutes a deed of gift and a declaration of trust, effective
immediately.
section I Ijj,! dditions tO TI-Li t is ,rop sties
a) Each `T'rustor m..ay transfer other property to the Trust. This may be
accomplished in any way that manifests the'frustor's intent to malee the transfer, including
but not limited to: 1) having the property titled or retitled ill the name Of the Trust; 2)
delivering the property to the "Trustee, :3) changing the name of an account (including a bank
or brokerage account) to the; flame of the Trust; 4) opening an account in the name of the
Trust and transferring property into it.
b) The 'Trustee, ,it any time during the continuance of this Trust in his or her sole
discretion after consideration of the possible tax consequences to all concerned, is authorized
to receive into the 'Trust additions of cash and other properties from any other source
whatsoever, whether by gift, will, or otherwise. However, the Trustee shall accept all assets
Which Trustors may give, devise, or bequeath to this Trust,
c) In addition, any person or persons may designate this "Trust as the Beneficiary,
Prit-nary or Contingent, of death benefits, whether insurance benefits, pension benefits, or
other benefits, 'Until such benefits mature, unless otherwise started the Trusl:ce shall have no
resporlsibiIity with respect to those benefits.
Section 1.05. Distribution in Kind or Cash
011 any division of the assets of the 'Trust Estate into share's or partial shares, and on
any filial or Martial distribution of the assets of the "Trust Estate, the Trustee, at his or her
absolute discretion, may divide: and distribute undivided interests of such assets, or may sell
11 or any part o,f such assets and may make divisions or distributions ill cash or partly in cash
and parity in kind. The decision of the Trustee, either prior to or on any division or
distribution of such assets, as to what constitutes a proper division of such assets of the "Trust
Estate shall be binding on all persons interested in any trust provided for in this "Trust
Agreement.
The THEOD0111:; J. KALLUS knd MA —[ —YE,, KALLUS Rmcable l..ivin& Trtrsl--Page 2
Section U1():_,•�) aortionnleni
"fhe Tr-istec of the Trust is directed to apportion receipts and expenditures of tile types
described below between principal and income as follows:
a) Whenever the principal, or any part thereof, of the Trust Property is invested
in securities purchased at a pret-nium or at a discount, any premium will be charged against
principal and any discount will be credited to principal;
b) Any stock dividends and rights to purchase additional stock issued on. Securities
held in trust will be treated as principal, but all other dividends, except liquidating
distributions, will be treated as income; and
c) The amount of any applicable depletion allowance for federal income tax
purposes will be treated as income.
5ecti n_l LQ7. Separate 111y r!y. to Rer1miji So a}�, rate
All property that a Tr'ustor° transfers to the Trustee pur'stlant to this illStrrrrnnent Which
was community property or separate property at the time; of the transfer shall rern ain,
respectively con•lmunity property or the separate property of the TI•trstor transferring such
property to the "Frust.
("''ornmunity property transferred to the Trustee by the 'Cr ustors shall be their
community property, and treated as such. This property, as invested and reinvested, together
with the rents, issues and profits therefrom (hereinafter referred to as the "Community
Estate" or'the "Community Property") shall retain its character as community property during
the joint lifetinles of tine Trustors in spite of any change in tine sites of the Trust, subject,
however, to the provisions of this Agreement.
5'ggljgjj 1,.08.l)iscretionarx Termination
Except as otherwise provided herein, the Trustee may terminate any trust when, in the
opinion of the ".Trustee, the principal is reduced to such an extent that it is neat in the best
interest of the Beneficiary or Beneficiaries to contrntle the trust. "The judgment ofthe Trustee
with respect to this decision to terminate will be final and not subJect to judicial review. If'
the Trustee terminates a trust according to this Section, the date the trust terminates will be
deci-ned the date fixed for tern-iination of the trust., and the Trustee NeilI distribute the asscts
of the terminating trust to the Beneficiary or Beneficiaries pursuant to this Agreement.
'1'hc T1 LODORE J. KALLUS and MARY R KALLUS RcvQcuble Liviija Trust --Page 3
Section 1.09 Aniendnicnt and Revocation
At any time during the joint lives of the Trustors, jointly as to community property and
individually as -to separate property, the, Trustors may, by a duly executed instrument filed
With the Trustee:
a) Amend this 'Trust Agreement in any manner, and/or
b) Revoke this Trust Agreement in part or in whole. if the "Trust Agrecmel-it is
revoked in whole, the 'Frust:ee shall transfer title to all Trust :Property of every Find and
dcscrlptio.n back into tile individual names of the TrUStOCS. •rhe instrument of amendment
or revocation shall be effective immediately Capon its proper execution by the Trustors, but
until a copy has been received by a Trustee, that "Trustee- shall not incur any liability or
responsibility either (i) for failing to act in accordance with such instrument or (ii) for acting
in accordance with the provisions of this Trust.Agreement without regard to such instrument.
c) Withdraw .from the; Trust ]:,state all or any part ofthe principaal and accumulated
incopie of the'Frust to satisfy liabilitics lawfully' incurred in the administration of this Trust.
Secti 1.10. Revocation or Alteration by T LIS Or AIQ11C
The; rights of revocation, withdrawal, alteration and amendment reserved in this
Article must be exercised by the 'rrustor, and may not be exercised by any other person,
including an agent, a guardian or a conservator.
`�c�'i 1. L. IrrcvocabiliLy
Except as otherwise provided, oil the death of either Trustor, t1.le designation of
Beneficiaries of specific gifts in this Trust shall become irrevocable:, and not subject to
anlendmen't or modification.
Sectign 1.12. Spendthrift Provision
Neither the l;yrincipal nor the income of the 'trust shall be liable for t:hc debts of a
Beneficiary. F xcept as otherwise expressly provided in this Agreement, no Beneficiary of
any trust created herein shall have any right, power or authority to alienate, encumber or
hypothecate his Or her interest in the principal or income of such trust in any planner, nor
shell the interests of any Beneficiary be subject to the clairkis of his or her creditors or liable
to attachment, executim, or other process of law. The lirnit:ations herein sliall not restrict the
exercise of any power of appointment or the right to disclaim.
The THEODORE J. KAL LQS and MARY l KA t US Rcvocablc Livilig Trust --Page 4
5(^& otl 1 13. Catastrophic Illness
If both 'Trustors are living and a catastrophic illness affects one of the Tr•UStorS, then
the Trust Estate shall be divided into the separate property of the respective 'Tru.stors. Such
division shall be made so as to preserve the Estate of the Trustor not so affected by the
catastrophic, illness..A catastrophic illness is one which is reasonably anticipated to extend
for a period of sip, months or longer, and which renders the affected Trustor incompetent or
in need of" full tinge care.
If competent, Trustor may make the determination to divide the Trust Estate in
accordance with these provisions. If the Trustor affected by the catastrophic illness is not
competent to manage his or her affairs, then the division shall be made by the person
designated as the affected Trustor's Attorney -in -Fact in his or her Durable Power of Attorney,
or by a court appointed conservator of the affected Trustor. The division of the property of
the 'Trust Estate shall apportion to each'I-r•ustor• his or her separate property and one-half of
the community property. Fron-r and after the division, the share of the Trust Estate set aside
for each Trustor shall be his or her sole and separate property for all purposes, and, if that
property remains part: of the Trust (,"state, Subject to the terms and conditions set forth within
this Trust Agreement,
ARTICLE TWO
The Trustee
cction _Z.()l.��Frustee Designation
1-Iusband and Wife are hereby designated as Co-J,r•ustees. The Co -Trustees shall serve
,jointly and severally and either shall have full authority to act for the Trust independently.
Should either husband or wi fe become unable; because of death, incapacity, or other cause,
to serve as a Co -"Trustee, or should either resign as Co -Trustee before; the natural termination
Of this 'Trust, the remaining; (.'o-`Trustee, husband or wife, shall thereafter serve as sole
Trustee. The term "Trustee" as used in this Trust Agreement shall refer collectively to
husband and wife so long as they serve as Co -Trustees, to the spouse who serves as the sole
Trustee, andlor to any successor Trustee who assumes the role of•Trustee. 'These Trustees
shall serve in the order as provided in Section 2.03 of this 'Trust Agreement.
Notwitlistanding anything in this 'Trust Agreement to the contrary, when Husband and Wife
cLie scrvirrg as "Trustees, either one or both, either may act for and conduct business on behalf
of the Family Trust without the, consent: of any other Trustee,
> -etion 2.02., t;gititiannshiv bctsvgq;n_Tr"x tcq i►! 'I'nuAara
The surviving Trustor shall be the Trustee unless and until lie or she resigns in writing,
or is determined incompetent under the terms provided herein. The surviving Trustor shall
The Tt- EODORE J KALLUS and MARY E. KAl t US Rcvocablc ..ivi _l,i__ust--Page 5
retain all absolute rights to discharge or replace any successor Trustee ofany portion or share
of the Trust which is revocable by the surviving'I'rustor, so long as the'l-'rustor is competent.
Section 2.03, Trustees
All 'Trustees are to serve without bond. The following; will act its 'Trustees of any
trusts created by this Trust Agreement, including the "A" ']'rust and the "B" Trust in the
following Order of succession:
First: The undersigned, 7.'HEODORIr .1. KALLUS and MARY .E. KALLUS.
Second: The surviving spouse.
Third: At the death or incapacity of the surviving spouse, PATRICIA M.
SHIROCKY, PA'TRICK W, KALLUS and TED JOHN KALLUS shall
serve as Joint Co -Successor Trustees.
If none of the above -named Successor Trustees qualify to serve as Successol'Trustees
or if they resign from such service, then the Trustee shall be chosen by the majority of
Benefici tries, with a parent or legal guardian voting for minor Beneficiaries; provided,
however, that the children ofany deceased Beneficiary shall collectively have only one vote,
Section,2�,0!_. Allot Lion and Distribution of the Trust Assets
The Trustees shall allocate, hold, administer and distribute the 'Trust Assets as
hereinafter provided:
a) Upon the death of the first Trustor, the Trustee shall make ally separate
distributions that have been specified by the deceased Trustor. The 'Trustee shall also take
into consideration the appropriate provisions of this Article.
b) Upon the death of the surviving spouse, the Trustee shall hold, administer and
distribute the Trust Assets in the manner hereinafter prescribed.
Section 2.0) Personal Propert Distribution
Notwithstanding any provision of this ':Crust Agreement to the contrary, the Trustee
must abide by any memorandum by they Trustors -- particularly that contained in the section
entitled "Special Directives" incorporated into this '!'rust Agreement -- directing the
disposition of Trust Assets of every kind including; but not limited to furniture, appliances,
furnisllings, pictures, china, silverware, glass, books, jewelry, wearing apparel, and all
'Hie TUEODOR t'�, J. KALLUS and MARY I;. KALLUS Revocably Living, Trust-Alage 6
policies of fire;, burglary, property damal;e, and other insurance on or in connection with the
use of this property. Otherwise, any Personal and household effects of thc'Trustors shall be
distributed with the remaining assets of the 'Frost Estate.
Sec io. t. .. l.iabili,Iy_sfTrustee
The "1'III Stec will not be responsible or liable for any loss which may occur by reason
of depreciation in value of the properties at any tirne belonging; to the `Trust Estate, nor for
ally other loss which may occur, except that the Trustee will be liable for such►'I'rustee's own
negligence, neglect, default, or willful wrong. T'he Trustee will not be fable or responsible
for the acts, omissions, or defaults of any agent or other person to whom duties may be
properly delegated hereunder (except officers or regular ernployces of the Trustee) if such
agent or person was appointed with due care. Tyre "I'rustee may receive; reimbursement frorn
the Trust estate for any liability, whether in contract or in tort, incurred in the administration
of the Trust Estate in accordance with the provisions hereof, and the 'Trustee may contract
in such form that such Trustee will be exempt from such personal liability and that such
liability will be limited to the Trust Assets.
Section 2,.07.. S icceMor �Aistees
Any Successor Trustee shall have all the power, rights, discretion and obligations
conferred on a 'l'rustee by this 'I"mist Agreement. All rights, titles and interest in the property
of the Trust shall immediately vest in the successor]" rustee at the time of appointment. The
prior "1"rustee shall, without warranty, transfer to the successor ,frtastec the existing 'Trust
Property. No suceessor'Trustee shall be under any duty to examine, verify, question, or audit
the: books, records, accounts, or transaction of any preceding Trustee; and iao successor
TI'Ustce shall be liable or responsible in any way for any acts, defaults or omissions of any
predecessor "1"ruastce, nor for any loss or expense from or occasioned by anything clone or
neglected to be done by any predecessor Trustee. A Successor Trustee shall be liable only
for his or her own acts and defaults.
ectio._2 Q.gaYjudgement and Qiscrcti n 9f Tru: tge
In the absence of proof of bad faith, all questions ofconstruction or interpretation of
r.iny trusts created by this Trust Agreement will be finally and conclusively determined solely
by the Trustee, according to the Trustee's best judgement and without recourse to any court,
and each determination by the Trustee is binding, on the beneficiaries and prospective
benefieiaries hereunder, both in being and unborn, as well as all other persons, firms or
corporations. " nic Trustee, when exercising any discretionary power relating to the
distribution or accumulation of principal or income or to the termination of any trust, will be
responsible only for lack of good faith in the exercise of such power, Each determination
'nic'n FODORL LKALLUS and MARY E. KAI C US Revocable Living 7
oily be relied upon to the same extent as if it were a final and binding judicial determination.
In the event of a conflict between the provisions of this Trust Agreement and those of the
'I CUS Try►st Cycle, they provisions of this 'Trust Agreement will control.
Section 2.09. Non -In, Ionic Produgng_Property
During the joint lives of the Trustors, the Trustee is authorized to retain ill the 'Trust
for so long its the; Trustee may deem advisable, any property received by the'Trustee from the
TrustorS, whether or not such property is of the character permitted by law for they investment
of Trust hinds.
Section 2 10. TrUstee.,Powers
The Trustee shell have both the administrative and investment powers enumerated
herein and all other powers conferred upon a Trustee by law for the orderly administration
of the Trust Estate, The Trustee is further authorized to sign, deliver and/or receive any
docurnents necessary to carry out the powers contained within this Section.
The'ITrustee of any trust created raider this "Trust Agreement (including any substitute
or successor trustee,) will have and be sulliect to all of the powers, duties, and responsibilities
granted or imposed by the 'Texas 'Trust Code as such Code play provide at the time; of
adillinistnitioil of the; trust, except to the extent that the same: are inconsistent with the
provisions of this Tnist Agreement.
Section 2. l 11 E� ij is Powers o;�`rustee
In addition, the Trustee will have the following specific powers;
a) Trust .:state .. 'The Trustee may leave invested, any property cooling into its
hands hereunder in any form of investment, even though the investment may not be of tile:
character of investments permitted bylaw to trustees, without liability for loss or, depreciation
in value. 'I'lie Trustee may sell, exchange, or otherwise disperse of or reinvest property which
may at any timb be a part of the Trust Estate upon such terms and conditions as the Trustee
may deem advisable. The Trustee may invest and reinvest the Trust .assets from time to time
in any property, real, personal, or mixed, including without limitation securities of domestic
trod foreign corporations and investment trusts or companies, bonds, debentures, preferred
stocks, common stocks, mortgages, mortgage participations, and interests In common trust
funds, all With complete discretion to convert realty into personalty or personalty into realty
or otherwise change the character of the Trust Estate, even though such investincllt (by
reason of Its character, amount, proportion to the total Trust Estate, or otherwise) would not
be considered appropriate for a fiduciary apart from this provision, and evenn though such
'Llie'111FODOR1 J. KALLUS and_MARY E. KAI LUS Revocable 1. iving,'Unrust—Page 8
investment: caused part or all of tilt, total 'Trust Estate to be invested in investments of one
type or of o1ae I)LISillesS or company.
b) Investrncrat Powers in General - The 'Trustee may invest and reinvest in such
classes of stocks, bonds, securities or other property, real or personal, as it shall determine.
The Trustee may invest in investment trusts as well as in common trust funds. The 'Trustee
may purchase life, annuity, accident, sickness, and medical insurance on the behalf of and
for the benefit of any trust Beneficiary,
c) Nominee Power - The Trustee nwy hold property in the 'trustee's name, as
TrusteC, or in the name of a nominee withoUt disclosing the Trust,
(1) release of Power - If the Trustee deems it to be in the best interest of the "Trust
and its bevel iciaries, the Trustee, by written instrument signed by such 'Trustee, will have the
power and authority to release, disclaim or restrict the scope of <in), power or discretion
granted in this "Trust Agreement or implied by law.
c) Agents, Employees - The Trustee may employ one or more agents to perform
any act of administration, whether or not discretionary, including attorneys, auditors,
investment managers or others, as the 'trustee shall deem necessary or advisable. The
'frustee may cornperysate agents and other employees, and may delegate to the i.-n any and Al
discretions and powers.
f) Oil, Gas, Coal and Other Mineral Interests -The 'truste:e may do all things
necessary to rilainta.in in full force and effect any oil, gas„ coal, or other mineral interests
C°,on,iprising part or all of the Trust Property. The `Trustee may purchase additional oil, gas,
coal, and other mineral interests when necessary or desirable to effect a reasonable plan of
operation or development with regard to the TPUst Property. 'The 'Trustee may buy or sell
undivided interest in oil, gas, coal, and other mineral interests, and inay exchange any of such
interests for interests in other properties or for services. The Trustee may execute oil, gas,
coal, and other mineral leases on such terms as the trustee may deern proper, and may enter
into pooling,, unitization, repressurization, and other types of agreements relating to the
development, operation, and conservation of mineral properties. Any lease or other
agreement may have a duration that the 'Trustee deems reasonable-, even though extending
beyond the duration of any trust created in this Agreement. the 'Frustee may execute
division orders, transfer orders, releases, assignments, farmouts, and any other instruments
Which it deems proper. 'The 'trustee may drill, test, explore, mine, develop, and otherwise
exploit any and all oil, gays, coal, and other mineral interests, and may select, cnzploy., utilirc,
orparticipate in anybusiness form, includingpartner.-ships,,iointventui-es, co -owners, groups,
syndicates, and corporations, for the purpose of acquiring, holding, exploiting, developing,
operating, or disposing of oil, t;as, coal, and other mineral interests. 'l' is 7l"rustee may employ
The T111?0D0REL1_ I 1 lJS and MA1ZY 1-. KA1,l.l1S RcYocabig 1, in1,: `Trust- •P0ge 9
the Sol -vices Of consultants or outside specialists in connection with the evaluation,
ni anagerllent, acquisition, disposition, or development of any mineral interest, and may pay
the cost of such services from the prime,°ipal or income of the 'Trust Property. The Trustee
may use the general assets of the trusts created under this Agreenleilt for the purposes of
acquiring, holding, managing, developing, pooling, unitizing, repressuring, or disposing of
any mineral interest.
g) Common Funds . The Trustee may hold any Of tile Trarst Assets ill a con'in1orl
fund with property from other trust estates and to make investments jointly with any other
trust, the property of which is included ill the conln'lon fund.
11) Securities - With respect to securities held in the Trust Estate, th.e 'Crustee may
exercise all the rights, powers, and privileges of an owner, including, but not limited to, the
power to vote, give proxies, and to pay assessments and other sums deemed by the Trustee
necessary for the protection of the Trust: Estate, to participate in voting trusts, Foreclosures,
reorganizations, consolidations, mergers, and liquidations, and in connection therewith to
cleposit securities with and transfer title; to any protective or other committee under such
terms as the Trustee may deem advisable, to exercise or sell stock subscription or conversion
rights; and to accept and retain as an investment any securities or other property received
through the exercise of any of the foregoing powers, regardless of any limitations elsewhere
in this instrument relative to investments by they Trustee.
1) Mai -gin and Brokerage Account Powers - The Trustee is s weif ically vested
with the power'and authority to open, operate, and maintain a securities brokerage account
wherein any security may be bought or sold on margin. The rrrustee is authorized to
hypothecate or borroNv upon purchase or sale against existing seca►ritics in suc:ll account.
J) Mortgage Powers . The. 'Trustee shall have the power to enter into any
mortgage whether as a mortgagee or mortgagor; to purchase mortgages on the open market
,:and to otherwise buy, sell, or trade in first or subordinate mortgages. TllC'l'rustCC may reduce
the interest rate oil any mortgage and consent to the modification or release of any guaranty
of any mortgage. The Trustee may continue mortgages upon and after maturity with or
without renewal or extension, and may foreclose any mortgage. The Trustee play purchase
the mortgaged property or acquire it by deed from the mortgagor without foreclosure,
k) I.'owers of Attorney - The Trustee rimy execute, deliver, and grant to any
individual or corporation a revocable or irrevocable power of attorney to transact any and all
business on behalf of the various trusts created in this Agreement. The power of attorney
may grant to the attorney--in.-fact all of the rights, powers, and discretion that the 'Trustee
could have: exercised.
1) Interested Trustee - Notwithstanding the general powers conferred upo11 the
Trustee, or anything to the contrary contained in this Agreement, no individual Trustee shall
TheTHE O-DQRr. J, K.ALL.US an MARY t:. KALLUS RQvocablc l,ivin,g TrList Page 10
exercise or participate in the exercise of discretion With respect to the distribution of Trust
income or principal to or for the benefit of such 'Trustee. J.'he above sentence shall apply
unless any such distribution is 1 irnited by an ascertainable standard rclating to tile; education,
health, maintenance, and support of such individual Trustee, No individual 'Trustee shall
exercise or participate in the exercise of such discretionary power with respect to
distributions to any person or persons such individual is legally obligated to support, as to
thlt support obligation.
tri} Insured 'l'rustee .. Any individual 1''111stcc under this Trust Agreeillent, other
than 1'rustors, is prohibited from exercising ally, power conferred on the owner of any policy
Which insures the life o1'such individual'1'rustee and which is held as park of the ":I'rust F"state.
If the 'Trustee holds any such policy or policies as a part of the 'f rust Estate, the powers
conferred oil the owner of such, a policy shall be exercised only by the other then acting
Trustee, If the insured Trustee is the only theri acting Trustee, then such powers shall be
exercised by a successor trustee designated pursuant to the provisions of this "Trust
Agreement dealing with the trusteeship. If any rule of law or court decision construes the
ability of the insured Trustee to narne a substitute Trustee as an incident of ownership, the
substitution process shall be implemented by a majority of the then current mandatory and
discretionary income beneficiaries, excluding the insured 'Trustee if the insured 'Trustee is a
Beneficiary.
n) heal Estate - 'I"he "Trustee may make leases and grant options to lease for any
term, even though the terin may extend beyond the; termination Of ally trust created under this
Agreement. The 1'ru.stee may grant or release easements and other interests with respect to
real estate;; enter into panty wall agreements, execute estoppel certificates, and develop and
subdivide any real estate. 'Tile 'I'iustee may dedicate parks, streets, and alleys or vacate any
street or alley; construct, repair, alter, remodel, demolish, or abandon improvements. ✓file
'Trustee inay elect to insure, as it deems advisable, all actions contemplated by this
subsection. 'Tile "Trustee may take any other action reasonably necessary for the preservation
of real estatee and fixtures comprising a part of the 'Trust .Estate or the income therefrom.
o) S-Corporation Stock - If at anytime a trust created under this Agreerrlent holds
stock in an S corporation and such trust is not a qualified Subchapter S trust, the'l'rustce nlay,
in its sole and absolute discretion, distribute such stock to the beneficiaries as if the trust had
terminated, while continuing to hold any other property in such trust. In addition, the'I'rustee
niay divide a trust created under this Agreement into separate trusts for each of' the
beneficiaries, with each newly created trust holding that Beneficiary's pro rata share of the
S corporation stock. Mach newly created trust shall have mandatory distributions of incorne,
In all other respects the newly created trusts shall be as consistent as possible with the
original trusts and still qualify as qualified Subchapter S trusts. The "Trustee may take any
action necessary with regard to S corporations, including rnaking any elections required to
'ncc'1'IIt:UDORC: J. KALLUS and MARY E. KALLUS Revocable; Livirlu'rrusi -Page 11
clualit'y stock as S corporation stock and may signing all necessary tax returns and forms.
p) Sale, ]:.ease and Other Dispositive Matters.- The Trustee may sell, lease,
transfer, exchange, grant options with respect to, or otherwise dispose of the Trust Property,
'.['Ile Trustee may deal with the Trust Property at such time or times, for such purposes, for
such considerations and upon such terms, credits, and conditions, and for such periods of
time, whether ending, before or after the terra of any trust created under this Agreement, as
it deems advisable. The Trustee may make such.. contracts, deeds, leases, and any other
instrunIents it deers proper under the immediate circumstances, and may deal Nvith the "T'rust
Property in all other ways in which a natural person could deal with his or her property.
q) Purchases fiorn Estate - The "Trustee may purchase property of any kind from
the executor or administrator of our estates.
r) Lending; - The Trustee may loan money to any person, including; a Beneficiary,
with or without interest, on any terra or on demand, with or without collateral, as it deems
in the best interests of the Trust beneficiaries. The 'Tr-ustee; may borrow money upon such
terms and conditions as it shall deem advisable, including:;, in the case of a corporate
fiduciary, the power to borrow from its own bankitig, or commercial department, The `T"rust:eC
shall have the power to obligate the Trust Property for the repayment of any sums borrowed
where the best interests of the beneficiaries have; been taken into consideration, The Trustee
shall have the power to encumber the 'Trust Property, in whole or in part, by a mortgage or
mortgages, deeds of trust, or by pledge, hypothecation or otherwise, even though such
cricumbrance may continue to be effective after the term of any trust or trusts created in this
Agreement,
s) Distributi oils to or for Beneficiaries - The Trustee may make any distribution
contemplated by this Trust Agreement (1) to the Beneficiary, (2) if the Beneficiary is under
a legal disability or if the Trustee determines that the Beneficiary is unable to properly
manage his or 1•rer affairs, to a person furnishing s'lrpp011, maintenance or education for the
Beneficiary or with whom the .Beneficiary is residing;, for expenditures on the Beneficiary's
behalf, or (3) if the, Beneficiary is a minor, to a trustee of an existing; trust established
exclusively for the benefit of such ririrlor, whether created by this 'Trust Agreement or
otherwise, or to a custodian for the Beneficiary, as selected by the 'Trustee, under the Texas
Unlforn'l Gifts to Minors Act ("TUGMik"). Alternatively, the Tri.istee may apply <tll or a part
of the distribution for the Beneficiary',,.,, benefit. Any distribution under this paragraph will
be a full discharge of the'Trustee with respect thereto. On any partial or final distribution of
the Trust A ssets, the '•must+(- may apportion and allocate they assets ofthe'T'rust L' statc in Cash
or in kind, orpartly in eash and partly in kind, or in undivided interests in the tiianncr deeniud
advisable at the discretion of the Trustee and to sell any property deemed necessary by the
'T'rustcc to n•take the distribution. The Trustee may distribute gifts of up to $10,000.00 per
't'l c T1IEODORF J. KAI LUS and MARY E. KALL US Revd eic .bW 1. iviir ]'rust --Page 12
year. per donee out of principal or interest, Ifany property is distributed outright Under the
provision of this Trust Agreement to a person who is a minor, distribution may be rnade
under TU(31vfA.
t) insurance w'Che Trustee shall have the powers with regarei to life insurance as
set forth in this Paragraph excerpt as otherwise, provided in this Agreement. The '.IRrustee may
purchase, accept, hold, and deal with as owner, policies of .insurance on '.l'rustors' life, the
life of any trust beneficiary, or oil the life of any person in whorn any trust beneficiary has
an insurable; interest. The 11relStee shall have the power to execute or cancel any automatic
premium loan agreement with respect to any policy, and shall have the power to elect or
cancel any automatic premium loan provision in a life insurance policy. The rf'rustee may
borrow money -with which to pay premiums due oil any policy either from the company
issuing the policy or from any other source and may assign any such policy as security for
the loan. The 'l7rustee shall have the power to exercise any option contained In a, policy with
regard to any dividend or share of surplus apportioned to the policy; to reduce the amount of
a policy or convert or exchange the policy; or to surrender a policy at any time for its cash
value. The Trustee may elect any paid -up insurance or any extended terns insurance
nonforfeit:ure option contained in a policy. The Trustee shall have the power to sell policies
at their fair market value: to the insure(l or to anyone having an insurable interest in the
policies. The rl'rustee shall have the right to exercise any other right, option, or benefit
contained in a policy or permitted by the insurance company issuing that policy, Upon
termination of any trust created under this Agreement, the "Trustee shall have the power to
transfer and assign the policies held by the trust as a distribution of"1Trust Property,
u) Borrowing - The'Trustee may borrow money from the 'Trustee and others, and
to secure the; repayment thereof by mortgaging or pledging or otherwise encumbering any
part or all of the Trust Assets and, in connection with the acquisition of any property, to
assume a liability or to acquire property subject to a liability.
v) Repairs - "Tile Trustee may male ordinary and extraordinary repairs and
alterations in buildings or other Trust Assets,
w) Reserves - The Tr. ustue may determine in a fair, equitable, and practical manner
Mow all'I'rustee's fees, disbursements, receipts, and wasting assets shall be credited, charged
or, apportioned between principal and income. The Trustee may set aside from trust income
reasonable reserves for taxes, assessments, insurance premiums, repairs, depreciation,
obsolescence, depletion, and for the equalization of payments to or for the beneficiaries; it
i-nay select any and call accounting periods with regard to the Trust Property.
x) Continuation of Business - The'Trustee may retain and continue any business
or businesses in which the Trust has an interest for so long; as the Trustee may, in its sole
*[Ile'1111-0DQIkJ- J. KAI I.US and MARY E. KAL.IMS Rcvacablc. 'v' n'I' I tt--1>ar„c t3
disc•ret.oll, consider necessary or desirable, whether of not the business .s conducted by the
Trust as a partnership or as a corporation wholly owned or controlled by the Trust, with full
authority to sell, settle and discontinue arty of them when and upon such terms and conditions
as the Trustee may, in its sole discretion, consider necessary or desirable, 'The Trustee may
retain and continue any business in which the Trust has or had an interest as a shareholder,
partner, sole proprietor or as a participant in a joint venture, even though that interest may
constitute all or a substantial portion of the 'Trust Property, The; Trustee :may directly
participate in the conduct of any such business or employ others to do so on behalf of the
Beneficiaries, The "Trustee; may e:\ecutc partnership a►greernemts, buy -sell agreeanerits„ and
any amendinents to them. The Trustee may participate in the incoi-Irorartion of any 'Trust
Property, any corporate reorganization, merger, consolidation, recapitalization, liquidation,
dissolution, or any stock redemption or cross purchase buy -sell agreement, The Trustee may
hold the stock of any corporation as 'Trust Property, and may elect or employ directors,
officers, erriployees, and agents, and compensate them for their services. The Trustee may
sell or liquidate, any business interest that is part of the Trust Property, The Trustee may
carry out the provisions of any agreement entered into by Trustor(s) prior to their death for
the sale of any business interest or the stock thereof, The Trustee may exercise all of tlae
business powers granted in this Agreement regardless of whether the 'Trustee is personally
interested or an involved party with respect to any business enterprise forrning a part of the
1"rust Property,
y) Agricultural .Powers -The Trustee may retain, acquire, and continue arty farm
or ranching operation whether as a sole proprietorship, partnership or corporation. The
Trt►stee may engage in the production, harvesting, and marketing of both farm and ranch
products cither by operating, directly or with lnana.gement agencies, hired labor, tenants, or
share croppers. The Trustee may engage and participate in any government fiarn1 program,
whether state or federally sponsored. The Trustee may purchase or rent machinery,
equipment, livestock poultry, feed, and seed. The Trustee .nay improve and repair all farm
and ranch properties, construct buildings, fencers, and drainage facilities; acquire, retain,
improve, and dispose of wells, water rights, ditch rights, and priorities of any nature, The
'l'rustee may, in. general, do all things customary or desirable to operate a farm or ranch
operation for the benefit of the beneficiaries of the various trusts created under this
Agreement,
r) .Funeral and Burial Expenses - TheTrustee may in its sole discretion pay the
funeral and burial expenses, expenses of the last illness, and valid claims and expenses of an
income benefioiary of any trust created under this Agreement. Funeral and burial expenses
shall include, but not be limited to, the cost of rneniorials of all types and memorials services
of such kind as the "Trustee shall approve. Valid claims and expenses shall include, but not
be limited to, all state and federal death taxes. The payments made under this Paragraph z.
shall be paid from the assets of the trust or trusts from which the Beneficiary was receiving
income.
The T II:UI )..)ills J. KALLUS uncl MkRY IsKAI UIS Ramilble I-Ivinr; 'C -usr--Page. 14
aa) Detain Property for Personal USe - The TI'UstCC may retain a residence or other
property for personal use of a Beneficiary and to allow a BCl1Cfic4,lry to use or occupy the
retained property free of rent and maintenance expenses.
bb) Dealing with Third Parties - The Trustee rnay deal with any person or entity
regardless of relationship or identity of any Trustee to or with that person or entity and may
hold or invest all or any part of the'rrUSt Estate in common or undivided Interests with that
person or entity.
cc) Partitions, Divisions, Distributions The Trustee will have the power to make
all partitions, divisions, and distributions contemplated by this 'Crust Agreement. Any
partitions, divisions, or distributions may be made in cash, in kind, or partly in cash and
partly in kind, in any manner that the Trustee deems appropriate (.including composing shales
differently). The 'Trustee may determine the value of any property, which valuation will be
binding on all beneficiaries, No adjustments are required to compensate for any partitions,
divisions, or distributions having; unequal consequences to the beneficiaries,
dd) Claims, Controversies - 'Che Trustee may maintain and defend ally claim or
controversy by or against the 'Trust without the joinder or consent of any Beneficiary. The
'Trustee may commence or defend at the expense of the Trust any litigation with respect to
the 'Trust or any property of the 'Trust Estate as the Trustee may deeixa advisable, and may
employ, for reasonable compensation, such counsel as the "hrustee shall deem advisable For
that purpose. .
ee) Merger of Trusts - If at any tine: the Trustee of any trust created here;undei•
shall also be, acting as trustee of any other trust created by trust instrument or by trust
declaration for the benefit of'the same Beneficiar;y or beneficiaries and upon substantially the
same terms and conditions, the "Trustee is authorized and empowered, if in the Trustee's
discretion such action is in the best interest of the Beneficiary or beneficiaries, to transfer and
merge all of thie assets then held under such trust created pursuant to this 'Crust Agreement
to and with such other trust and thereupon to terminate the trust created pursuant; to this Trust
Agreement. The Trustee is further authorized to accept the assets of any other trust which
may be transferred to any trust created hereunder and to administer and distribute such assets
and properties so transferred in accordance with the provisions of'this Agreement.
fo Termination of Small Trust - Any corporate trLlstee whiChi is Serving as the sole
trustee, of any Trust or any share thereof may at any time terminate such trust or share if, in
the trustee's sole judg i-vent, the continued management of such trust or share is no longer
economical because of the small size of such trust or share and if such faction will be deurned
to be in the best interests of the :Beneficiary or beneficiaries, In case of such termination, the
Trustee will distribute forthwith the share of the Trust Estate so terminated to the income
The Ti WOORI- J KAI I US and MARY E KAL US Revocable I ivia&l'r&js1-•Page 15
beneficiary or beneficiaries, per stirpes. Upon such distribution, such trust or share will
terminate and the Trustee will not be liable or responsible to any person or persons
whomsoever for its action, The Trustee will not be liable for failing, or refusing; at any time
to terminate any trust or a shard thereof as authorized by this paragraph.
gg) Power to Determine Income and Principal - Dividends payable in stock, of the
issuing corporation, stock splits and capital grains will be treated as principal. Except as
herein otherwise, specifically provided, the Trustee will have full power and authority to
determine the manner in which expenses are to be borne and In which receipts are to lie
credited as between principal and income, and also to determine what will constitute
principal or income, and may withhold from Income such reserves for depreciation or
depletion as the Trustee may deem fair and equitable, In determining such.. matters the
Trustee may give consideration to the provisions of the Texas Trust Code (or its successoI°
statutes) relating; to such matters, but will not be bound by such provisions.
hh) Gencration-Skipping "faxes and Payment - If the TRIStec ccrosiders any
distribution or termination of an interest or power hereunder as a distribution or termination
subject to a generation -skipping; tax, the Trustee is authorized;
I) To augment aay taxable distribution by an amount which theTrustee
estimates to be sufficient to pay such tax and charge the same to the particular trust to which
the tax related without actiustment of the relative interests of the beneficiaries,
2) To pay Such tax, in the case of a taxable termination, from the particular
trust to which tileW tax relates without adjustment ofthe relative interests of the beneficiaries.
If such tax is imposed in part by reason of the Trust Assets, the Trustee will pay only the
portion of such tax attributable to the taxable termination hereunder taking; into consideration
deductions, exemptions, credits and other factors which the Trustee deems advisable; and
3) To postpone final termination of any particular trust and to withhold all
or any portion of' the "Trust Estate until the Trustee is satisfied that the "Trustee no longer has
any liability to 17ay any generation -skipping tax with reference to sGicll trust or its termination.
ii) Compensation Powers -The Trustee shall pay from income or principal all of
the reasonable expenses attribLitable to the administration of the respective trusts created in
this Agreement. The Trustee shall pay itself reasonable compensation for its services as
Fiduciary as provided in this Agreement, and shall reasonably compensate those persons
ernployed by the Trustee, including Agents, auditors, accountants, and attorneys,
"Cjjc'r14EQ1)ORI: J. KAI I US and MARY E. KAi I US R4vggab1e I.ivin g'li. nest --Page 16
Section 2. Ieciri Provision furSc►ruortltiun Stock
Notwithstanding what is otherwise provided in this Trust Agreement, if at any tine
theTrust contains any stock of a corporation which elects or has elected treatment as in "S
Corporation" as defined by Section 1361(a)(1) of the Internal Revenue Code (or any
corresponding successor statute), such stock. wi I l be segregated from the other assets of such
Trust and treated as a separate trust. The 'Trustee will furthe►° divide the separate trust into
shares for each Bcileficiary and such shares will be distributed outright or held in trust as
herein provided. In addition, all other provisions of this Trust Agreement will apply to each
share held in trust (and constituting a separate trust) except that the Trustee will distribute
all of the incorne from each separate trust to its beneficiary in convenient installntients at least
annually. It is our intent that each separate trust will be recognized as a "Qualified
Subchapter S Trust" (QSST) under Section 1361(d)(2) of the Internal Revenue (Node (or any
corresponding successor statute). Notwithstanding any provisions ofthis'T'rust Agreement
to the contrary, the Trustee's powers and discretions with respect to the administration of
et.tch separate trust (including, methods of accounting, bookkeeping, making distributions and
characterizing receipts and expenses) will not be exercised or exercisable in a manner
consistent with allowing each separate trust to be treated as a QSS'f' as above described.
ARTICLE THREE
Administration of'T'rust During Trustors' Lives
� ,;Qtioi 3.01. 'FrLLs, U.11CUIl1C
During the jrAnt lives of the Trustors, the Trustee shall al. least annually, unless
otherwise directed by both Trustors in writing, pay to or apply for the benefit ofhusband and
wife, all of the net income from the Trust Estate in the same proportions as each of the
spouse's respective interests in the 'Trust lastate.
ac;ctiun 3.C)2; Protection of'frusror in Emit oflncapricity
During the joint lives of the 'I,rustors, should either Trustor become incapacitated as
defined in Section 3.03 below, theTrustee may, in the Trustee's absolute discretion, pay
income; and principal for the benefit of the incapacitated 'Trustor, and may pay to or apply for
the benefit of that 'T'rustor such sums from the net income and from the principal of the
"Trustor's separate lsstate as the Trustee, in the 'T'rustee's absolute; discretion, believes is
necessary or advisable for the medical care, comfortable maintenance, and welfare of the
'T'rustor.
'II'he'1'L11:ODORF J..K-AUUS and MARY F KAL l US Revocable Livin>; Tri t--Page 17
Section 3.03. Incas ac_4
In the event that any 'Trustee on' any Beneficiary hereunder conies into possession of
any of the following:
a) A jurisdictional]y applicable court order holding the party to be legally
ineapacitate� to act on his or her own behalf and appointing a guardian or conservator to act
fen° hina or her, or
b) Written certificates which are duly executed, witnessed, and acknowledged of
two licensed physicians, each certifying that the physician has examined the person and has
concluders that, by reason of accident, mental deterioration, or other cause, such person has
become incapacitated and can no longer act rationally and prudently in his or her own
financial best interests, or
e) Evidence which such Trustee or Beneficiary deems to be credible and currently,
applicable that a person has disappeared, is unaccountably absent, or is being detained under
duress, and that he or she is unable to effectively and prudently look after his or her own best
interests, then in that event and under those circumstances:
I.) Such person is cleernecl to have become incapacitated, as that terry► is
Used in this 'Trust Agreernent, and
2) Such incapacity is deemed to continue until such court order,
certificates, anchor circumstances are inapplicable or have been revolted.
A physician's certificate to the effect that the person is no longer incapacitated shall
revoke a certificate declaring the person incapacitated, The certificate which revokes the
earlier certificate niay be executed either (i) by the originally certifying physician or (ii) by
two other licensed, board certified physicians. No'ITrustee shall be under any duty to institute
s:dlay inquiry into a person's possible incapacity. The reasonable expense of any such inquiry
shall be paid from the Trust Assets.
Section 3.04. Principal Invasion
During fhe joint lives oftho Trustors, should the net income of assets contained in this
T1"List at the tllTae of the Trustor's death be insufficient to provide for the care, maintenance
or support of the 1'rustors as herein defined, the Trustee may, in the 'Trustee's sole and
absolute discretion, pay to or apply for the benefit of the Trustors or either or then, or any
of their dependents, such amounts from the principal of the Trust Estate as the Trustee de;enis
necessary or advisable for the care, maintenance; or support of the 'Trustors.
The THEODORE J. K An n US and MARY E, KALI US Rg_vocablc Living J list --Page 18
If the Trustor's residence; property is a part of the: Trust, the Trustors shall have
possession of and full management of the residence and shall have the right to occupy it: rent
free. Any expenses arisingfrom the maintenance of the property and from all taxes, liens,
assessments, and insurance premiums are to be paid from the Trust to the extent that assets
are available for payment.
All"TICLE FOUR
Insurance Policies and Retirement flans
cction 4LUl. During; Trustors' Life
During each and either of the ':f rustors' lives, 'Trustee shall have, the following rights,
and Trustee shall have the following duties, with respect to insurance policies or retirement
plans owned by or made payable to this 'Trust.
a) Eaaeh'lrustor reserves, and may exercise without the approval of'I"rusteo or any
Beneficiary, all of the rights., powers, options, and privileges with respect to any insurance
policy, retirement plan, annuity, or any other third party beneficiary contract made payable
to this 'Frost or deposited with 'Trustee.
b) 'Frustee shall deliver to Tr'eastors or either of their designee, upon dither
1'rustors' written request, any and all insurance, policies, retirement plan documents, annuity
contracts, and all other third party beneficiary contracts, as well as all related documents,
which are owned by or deposited with Trustee pursuant to this Trust. Trustee; shall not be
under any obligation to have any or all of such documents returned.
c) 'Trustee shall have no obligation to see that prerniunls or other Sums that may
be due and payable under any insurance policy, retirement plan, annuity contract:, or any other
third party beneficiary contract are paid. Further, Trustee shall have no obligation with
respect to any insurance policy, retirement plan, annuity contract, or other third party
beneficiary contract, as well as any docurnents related thereto, deposited witll'-1,rustee, other
than to provide for their safekeeping.
d) No provision of this Agreement shall be; construed to ilTIpose ally obligation
oll TCUSWI-S to rllaltittlin any insurance 13oIicy, retlri:'ment plflll, trill'lurl'y contract, or tiny L7tI1C1'
third party beneficiary contract in force.
Thc'1 HUDDOU. J. KAWAIS and MARY E, KAL.LUS Revocable Livilng1rust-41slse 19
c ti n4. 2, o n ,L)_ g. ►
a) Upon the death of any'FrUStOr, the Trustee shall make all appropriate elections
with respect to insurance policies, retirement plans, and other death benefits which are owned
by or payable to this 'Trust.
b) The 'trustee shall make every reasonable effort to collect all sums made
payable to this '['rust or to 'Trustee under all life insurance policies, or other non -retirement
death benefit plans, which provide for death proceeds made payable to or owned by the
Trust.
c) In collecting policy or death benefit proceeds, the Trustee may, in its sole and
absolute discretion, exercise; any of the settlement options that may be available under the
terms of a policy or any other third party beneficiary contract.
d) The 'Trustee shall not be liable to any Beneficiary for the settlement option
ultimately selec".ted.
Section 4.03, retirement Plan Elections
a) The 'Trustee shall have the right, in its sole and absolute discretion, to elect to
receive any retirement plan death proceeds, whether under a qualified pension, profit sharing,
Keogh, individual retirement account or any other retirement plan, either in a lump SUM Or
1n any Other manner permitted by the terms of the particular retirement plan,
b) "The'Trustee shall not be liable to any Beneficiary for the death benefit election
ultimately selected.
Section 4.Q4. _( ollection Proceedings
The `Trustee may institute proceedings, whether in law or equity, administrative or
otherwise, to enforce payment of such proceeds.
The Trustee need not, except at its option, enter into or maintain any litigation or take
action to enforce any payment until it has been indemnified to its satisfaction for all expenses
and liabilities to which, in its sole judgment, it may be subjected.
The rrustec is expressly authorized, in its sole: and abS011lte discretion, to ad,Just,
settle, and compromise: any and all claims that may arise from the collection of ally death
proceeds. 'The decisions of the:'rrustee shall be binding and conclusive on all beneficiaries.
'rh • Ttffi JDQRlj ( KAI I US and MARY I' KALI US Rcvoe;ablc l iving� I're►st--Pagc 20
Section 4.05._Liability of Payor
No person or entity which pays insurance proceeds or other death proceeds to the
Trustee as beneficiary, shall be required to inquire into any of the provisions of this Trust or
to see to the application of any such proceeds by the Trustee.
The receipt of the proceeds by the Trustee shall relieve the payor of any further
liability as a result of making such payment.
AR'.rIC LE FIVE
Administration Upon the First Death of a Spouse
Section S.01. Proyisim,:Aft(L• tllc firs D,.gatll
On the death of either Trustor leaving the other Trustor surviving; him or her, the
Trustee shall collect all insurance proceeds payable to the Trustee by reason of such death,
and all bequests and devises distributable to the Trust f;state, and shall divide the entire'I'rust
Estate into two'separatc Trusts to be known and herein designated as Survivor's'TRIM "A.",
and Decedent's 'frust "B"
ect' .ion-�0_. Si r.1 viv4t'�_ wst " "C-011-Mit
SurviVOr's 'Trust "A", in addition to other property, if any, to be added to it under the
terns of this Agreement, shall consist of a one-half C/2) interest in the con1nlunity property
Of'tile '['rust Estate if applicable, and the separate property of the surviving 'Trustor. Upon
creation of this ']'rust, slu•vivor's 'I"rust "A" shall refflain revocable during the life of the
surviving Trustor. Upon the death of the surviving Trustor this share shall become
irrevocable;.
Section 5.03.. Deep ent's Trust "B" Content
1ecedent's Trust "B" shall consist of a one„half ('/2) interest in the community property
of the 'Trust Estate and the separate property of the decedent Trustor. Decedent's Marital
share shall be placed in to Decedent's Trust "B". Upon creation of such Trust share,
Decedent's Trust "B" is irrevocable.
The 'Trustee :shall have the sole discretion to select. that portion of the joint assets
which shult be included to l_)ecl.'dctit's Trust 1113". The .F rusteQ dull value a ny asset selected
by the "Trustee for distribution in kind to the marital share at the value of such asset at the
date of distribution to the marital share.
7'he't'I II:U[Z.)It[: JLKALLUS and MARY L KALLUS Revocable Livina Tnist--Padge 21
section 5.04. Maxiltiu� i Mcaa ital Deduction
Except as otherwise expressly stated herein, the term "maximum marital deduction"
shall be construed as a direction by the deceased "Frustor to exercise: any election respecting
the deduction of F statc administration expenses, the det i-n-iination ofthe Estate tax valuation
date, and any other tax election which may be available under any tax laws, in such manner
as will result in a larger allowable Estate tax marital deduction than if the contrary election
had been made.
Suction 5.05. ivi •'Sm of jAii tpl Shy re
The deceased ,rrustoes share shall be divided and administered as follows: an amount
equal to the equivalent exen-iption available by reason of the Unified Tax Credit available
under the hitesrnal Revenue Code or any successor or niodified version of that Code shall be
administered under the terms of" Frust ":B" as hereinafter set forth and any atnount of the
marital share exceeding the amount allocated to 'Trust "B" ,;,hall be adrinistered under the
terms of."Frust "A". However, no property shall be allocated or distributed to Trust "A"
which does not qualify for the estate tax marital deduction as defined by the Intemal Revenue
Code.
Section S.06. Comae► c s of Decedent's Trust"B"
Decedent's Tnist "B" shall be composed of cash, securities or other property of the
'-Trust Estate (undiminished by any estate, inheritance, succession, death or similar taxes).
I-LIst "B" shall have a value equal to the largest amount, after allowing for the Unified 'Tax
Credit ri ainst the Federal Estate Tax and for the ;Mate Death Credit against such tax (but
only to the extent that the use of such State Death Tax Credit does not increase the death tax
payable to any -state), which will not result in a Federal Estate Tax being Imposed on the
Estate of the deceased Trustor.
Se tin ,C)7� 1'slcction of llziscal_Year
If perrnitted by applicable Uax law, the Trustee may elect a different fiscal year for
F.)ecedent's TrelSt "B"
Section 5.08. Surviv Qr's "Trust "A"
survivor's Trust "A" shall consist of the separates property of the surviving spouse, and
the surviving spouse's share of any comn-Iru,tity property. In addition, Survivor's Trust "A"
shall consist of the amount of the decedent's separate property or share of community
property in excess of the amount allocated to Trust "B", but only to the extent that the amount
The TIMODORF J. KAI t US and M.5RY F KAI I IS Revocable I ivitim Trust. -Page 22
of decedent's property allocated to 'Trust "A" does not exceed tell per cent (101/0) of the
excess over the amount thereof allocated to Trust " B The said Survivor's 'Trust "A" shall
be held, administered and distributed as follows:
a) light to Income .- At death, the Trustee shall pay to or apply for the benefit of
the surviving spouse during his or her lifetime all of the net income from Trust "A" in
convenient installments but no less frequently than quarterly.
b) Right to Principal - In addition, flIC Trustee may pay to or apply for the benefit
of the surviving spouse such scums from the principal of "Trust "A" as in his or her sole
discretion shall be necessary or advisable from time to time for they, cclucation, comfortable
support, maintenance and health of the surviving spouse, taking into consideration to the
extent the ,Frustee deems advisable, any other income or resources of the surviving spouse
Known to the Trustee.
c) Right to Withdraw Principal - The: surviving spouse may, at any time during
his or her lifetime and from time to time, withdraw all or any part of the principal of'Trust
"A", free of trust, by delivering to the 'Trustee an instrument in writing, duly signed by the
surviving slaoi.ise, describing the property or portion thereof desired to be withdrawn, Upon
receipt ofsuch instrument, the Trustee shall thereupon convey and deliver to the: Spouse, free
of trust, the property described in such instrument.
d) Control of:' Assets . The surviving spouse may, at any time by written notice,
require the. "Trustee either to make any nonproductive property of this Trust productive o►° to
convert productive property to nonproductive property, each within a reasonable tirric. The
surviving spouse may further require the Trustee to invest part, or all, of this share of the
Trust Assets for the purpose of maximizing income rather than growth, or growth rather than
income,
c) Right to Change Beneficiary - The surviving spouse retains the right to change
the Beneficiaries or Trust "A"
f) Distribution of Residual of '-Trust "A" - The balance of the principal of Trust
"A" shall be distributed in accordance with the provisions specified ill this Trust. If the
spouse whose share is represented by Trust "A" makes specific provisions for Beneficiaries,
and such provisions cannot be complied with due to the death of a sped fled Beneficiary, or
if° for any reason a specified distribution cannot be made as directed, then the property shall
pass. to Mat 13e neficiary's children per stirpes. Y no children are living, then the property
shall pass by the laws of intestate succession of the Mate of 'Texas.
g) General ,Power of Appointment -• The; surviving spouse shall have a power of
'rhe ,ruEQDURr J. KALLUS and MARY F KA1 L!JS RcvocUlAy 1Jyinf! TrUsI--Page 23
appointment such as to brim; the 'Trust into compliance with the provisions of Section
2056(b)(5) of the Internal Revenue Code and any'Treasury Regulations, Revcnuc Rulings,
or• Revenue Procedures that interpret that Section of the Code.
)eccc nt's 7'ru.St "B
Decedent's Trust "B" shall be irrevocable and shall be held, administered and
distributed as follows:
a) Payment of Income - Commencing with the date of the predeceased spouse's
death, the 'Trustee shall pay to or apply for the benefit of the surviving; spouse during; his or
her lifetime all the net income from 'Trust "B" in convenient installments but no less
fil-equently than quarterly.
b) Payment of Principal - The Trustee may pay to, or apply for the benefit of, the
surviving spouse, during his or her lifetime, such sums front the principal Of TI-LISt "B" as in
the Ti•tisteee's sole discretion shall be necessary or advisable from time to time for the
education, comfortable support, maintenance and health of the surviving spouse, taking; into
consideration to the extent the Trustee deems advisable, any other income or resources of the
sUrVlVing; SpoU.se Known to the 1'rLiStee.
c) Discretionary Payments - In addition to tide income and discretionary payments
of principal from this Trust, there; shall be paid to the; surviving spouse, during; his or her
lifetime, from the principal of this Trust, upon the SUIViving spouse's written request, during
the last month of each fiscal year ofthe'Trust an amount not to exceed five thousand ($5,000)
dollars or five (5%) percent of the aggregate value of the principal for such fiscal year,
whichever is greater. This right of withdrawal is noncumulative, so that if the surviving
spouse does not withdraw, during, such fiscal year, the full amount to which he or slit: is
entitled under this paragraph, his or her right to withdraw the amount not withdrawn shall
lapse at the end of that fiscal year.
d) ('ontrol of Assets -'The surviving spouse may, at any time by written notice,
require the 'Trustee either to make any nonproductive property of this Trust productive or to
convert productive property to nonproductive property, each within a reasonable trifle. The
surviving spouse may further require the TrUStee to invest part, or all, of this share of "Trust
Assets For the; purpose of maximizing income rather than growth, or grmN,th rather than
income.
e) Distribution ot'Reswue of-1'rust "B" -'The bahtncc: of'tho principal of'Trust "B"
shall be distributed in accordance with the provisions of this Trust Agreement.
1'he 'I'l ll{(:)l101tl{ J. KALLUS and MART Livin guest--1'age 24
if the spouse whose share; is represented by Trust "B" makes specific provisions for
Beneficiaries, and such provisions cannot be Complied with due to the death of Ga specified
Beneficiary, or if for any reason a specified distribution cannot be made as directed, than the
property shall pass to that Beneficiary's children per stirpes. if no children are living, then
the property shall pass by the laws of intestate succession of the State of Texas.
5,stj n4 5.10. Last U&Pi. eo
On the death of the first of the Trustors to die, the Trustee shall pay from the Trust the
expenses of the deceased Trustor's last illness, funeral, burial, and any iinheritance, estate or
death taxes that may be due by reason of the T'rustor's death, unless the Trustee in his or her
absolute discretion determines that other adequate provisions have been made for the
payment of such expenses and taxes. All death taxes upon, property not passirig under this
Agreement shall be apportioned in the manner provided by law.
ARTICLE SIX
Administration upon Death of Surviving Spouse
ection 6 f)1^ eeond Death,
Oil the death of the last 'Trustor to (lie (thc "Surviving Trustor"), the Trustee shall
distribute all property remaining in the Survivor's "A" Trust and the Decedent's "B" 'Trust
in such a manner and to such persons, including the Estate or the Creditors, as directed in this
Trust Agreement,
4acction (.02 m Payent of the Second Death Ex Gscs
On the death of the surviving T rustor, the Trustee shall pay fron-i the Trust the
expenses of the surviving Trustor's last illness, funeral, burial and any inheritance, estate or
(:ieath taxes that may be due by reason of the surviving Trustor's death, unless the Trustee in
his or her absolute discretion determines that other adequate provisions have been made for
the payment of SUC11 expenses and taxes.
Section G 03 Trust inconnc and Principal Distribution
a) The Trustee shall apply and distribute the net income and principal of each of
the shares of the resulting, Trust Estate (consisting of tine Survivor's "A" T'I•ust and tine
Decedent's "B" 'Trust ), after giving effect to the section of this Trust Agreement entitled
"5pecini Directives," to tale following Beneficiaries in the indicated fractional shares;
PA'rRICIA M. SHIROCKY 331/3` P
PATRIC":K W..KALLUS 3 31/30/4
TED JOIN KALLUS 331/3%
Th Tt1F DORE J KALLUS and MARY I Trust --Page 25
b) If all of the Trustor's Benefciaries and their children should .fail to survive the
final distribution of the Trust Estate, all of the Trust Estate not disposed of as hereinabove
provided shall be distributed as provided for in this Trust Agreement,
Section G 04 Princ_.plc of Representation
If a Beneficiary of the Trustor's should fail to survive to collect his or her share, that
share shal I pass to the surviving issue of that deceased Beneficiary per stirpes and with right
of representation,
AR'FICLE SEVEN
Confidentiality, Omissions and Conflicts
5.ection 7.01. Benefits o—nfidcnlittl
"Me Trustors further declare that it is their desire and intent that the provisions of this
Trust Agreement are to remain confidential as to al I parties. The Trustors direct that only the
informat►on concerning the benefits paid to any particular Beneficiary shall be revealed to
such individual and that no individual shall have a right to infonnation concerning the
benefits being paid to any other Beneficiary.
I)) 'L.U,._.Speci ►c 0iiiissions
Any and all persons and entities, except those persons and entities specifically named
[ierein, have been intentionally omitted from this Trust Agreement.
'e tion 7.0L Resolution of Conflict
Any co►itroversy between the Trustee or Trustees and any other Trustec or Trustees,
or between any other parties to this Trust, including Beneficiaries, involving the construction
or application of any of the terms, provisions, or conditions of this Trust shall, on the written
request of either or any disagreeing party served on the other or others, be submitted to
arbitration. The parties to such arbitration shall each appoint one person to hear and
determine the dispute and, if they are unable to agree, then the two persons so chosen shall
select a third impartial arbitrator whose decision shall be final and conclusive upon both
parties. The cost of arbitration shall be borne by the losing party or in such proportion as the
arbitrator(s) shall decide. Such arbitration shall comply with the commercial arbitration rules
of the American Arbitration Association, 140 West 51st Street, New York, New York,
10200.
Section % Q4 lncontcatability
The beneficial provisions of this Trust Agreement are intended to be in lieu of any
The THIDOOR1: J. KA UMS 111 MARY t KAt t US Rcyocablc Living Trust --Page 26
other rights, claims, or interests ofwhatsoever nature, whether statutory or otherwise, except
boria fide pre -death debts, which any Beneficiary hereunder may have in 'Trustor's Estate or
in the properties in trust hereunder. Accordingly, if any Beneficiary hereunder asserts any
claim (except a legally enforceable debt), statutory election, or other right or interest against
oi° in Trustor's Estate, or any properties of this 'Trust, other than pursuarlt to the express terms
hereof, or directly or indirectly contests, disputes, or calls into question, before any court, the
validity of this Trust Agreement, then:
a) arch Beneficiar ay shall ther eby absolu-tely forfeit any and al I beneficial interests
of whatsoever kind and nature; which such Beneficiary or his or her heirs might otherwise
have under this Trust: Agreenu;nt and the interests of tile other Beneficiaries hereunder shall
thereupon be appropriately and proportionately increased; and
b) All of the provisions of this Trust Agreement, to the extent that they confer any
benefits, powers, or rights whatsoever upon such claiming, electing or contesting
Beneficiary, shall thereupon become absolutely void; and
c) Such clailrling, electing, or contesting Beneficiary, if then acting as a Trustee
hereunder, shall autornatically cease to be a Trustee find shall thereafter be ineligible either
to select, remove, or become a Trustee hereunder.
ARTICLE EIGHT
General Provisions
Section b U l Coordination with Trustor's Probate E gate
a) At any time during the continuance of this 'Trust including subsequent to the
death ofeither `Frustor the'i'rustees may, in their sole and uncontrolled discretion, distribute
to the deceased Trtastor•'s Probate Estate cash and/or other property as a Beneficiary of the
Trust.
b) All other provisions to the contr•rlry notwithstanding, under no circumstances
shall any restricted proceeds, as hereinafter defined, be either directly or indirectly: (i)
distributed to or for the benefit of the Trustor's Executors or the 'Frustor's Probate Estate; or
(ii) used to pay any other obligations of the Trustor's Estate. The tern? "restricted proceeds"
means:
l) All qualified plans, individual retirement accounts, or similar benefits
wl-lieh are received or receivable by any Trustee hereunder, and which are paid solely to a
Beneficiary other than the ENecutor of tile. 'rrustor's Gross Estate For T,'ederal u1state Tax
purposes; and
2) All proceeds of insurance on the 'Trustor's life which, if paid to a
111 "Tlir ;l)Oljt• a KAI LUS and MARY I' KAI t US Revocable Lk�i w Trust --Page 27
Beneficiary other than the Trustor's Estate, would be exempt from inheritance or sirnilar
death taxes tinder applicable state death tax laws.
Section 8 U2L Di�eetic�ii to Minimize Taxes
In the administration ofthe `t'rust hereunder, its f�iduciarics shall exercise all available
tax related elections, options, and choices in such a manner as they, in their sole bUt
reasonable judgement (where appropriate, receiving advice of tax counsel), believe will
achieve the: overall minimum in total combined present and reasonably anticipated future
administrative expenses and taxes of all kinds. rfhis applies not only to such 'Trust but also
to its Beneficiaries, to the other Trusts hereunder and their Beneficiaries, and to the Trustor's
Probate Estate.
Without limitation on the generality of the foregoing direction (which shall to that
extent supersede the usual fiduciary duty of impartiality), such 11duciurics shall not be
accountable to any person interested in this Trust or to Trustor's Estate for the manner in
which tile), shall carry out this direction to minimise overall taxes and expenses (including
any decision they may make not to incur the expense of a detailed analysis of alternative
choices). Even though their decisions in this regard may result in increased taxes or
decreased distributions to the Trust, to the Estate, or to one or more Beneficiaries, the
Fiduciaries shall not be obligated for compensation readjustments or reimbursements which
arise by j'eason of the manner in which the Fiduciaries carry out this direction.
Secti011j L);j,�The Rule Against PeWett�uitics
Unless sooner terniinated by the express provisions of this Agreement, each trust
created in this Agreement shall terminate twenty-one years after the death of the last survivor
of the group composed of Trustors and those of Trustors' descendants living at the time of
the surviving Trustor's death. At that time, the property held in trust shall be discharged of
any further trust, and shall immediately vest in and be distributed to those persons entitled
to receive or have the benefit of the income from the respective trust.
For purposes of distributions under this section only, it shall be presumed that any
person then entitled to receive any discretionary payments of the income of it separate trust
is entitled to receive all of the income, and it shall be presumed that any class of persons
entitled to receive discretionary payments of income is entitled to receive all of such income,
pet, stirpes.
ccti 04 Protective Clause
To the fullest extent permitted by law, the interests of gill the Be11e1lC1t11'iCS in the
various trusts and Trust Property subject to this Trust Agreement, except for Trustors'
interest therein, shall not be alienated, pledged, anticipated, assigned, or encumbered unless
specifically authorized by the terms of this Trust Agreement. Such interests shall not be
"I he t l iL'OhOlti' J KAt I Sand MARY F K A I I I IS RevocaUic i.iving'tl ust--F'abe 28
subject to legal process or to the claims of any creditors, other than Creditor's of Trustor(s)
to tilt extent of each respective 'T'rustor's interest in the trusts or Trust Property, while such
interests remain Trust Property.
Swim n 8.()S;�urvivorshiy Presunll tiorrs
In the event that the t:wo Trustors should die tinder cireurnstances in which the order
of their deaths cannot be determined, then, in respect to the administration of the separate
prope:i`iy of each Trustor (and in respect to the administration of one-half of any community
property) eacll'fTrustor shall for purposes of the marital deduction gift be consicl.ered to have;
been survived by his or her spouse.
e4tjU11 �.00. C;.in� the Trust Sites
After the death of the surviving spouse, the situs of this Trust Agreement may be
changed by the unanimous consent of all of the beneficiaries then eligible to receive
mandatory or discretionary distributions of net income under this Agreement.
lfstich consent is obtained, the beneficiaries shall notify the "T'rustec in writing of such
change of trust'situs, and shall if necessary designate it successor corporate fiduciary in the
new sites. "I"his notice; shall constitute removal ofthe current Trustee it appropriate, and any
successor trustee shrill assume its duties as provided under this Agreement.
A chanl,e in situs under this Sections lial I be final and binding, kind shall not be subject
to judicial review.
Sectio 1_ 3.0 7. Construction
Unless the context requires otherwise, words denoting the singular may be construed
as denoting the plural, and words of the plural may be construed as denoting; the singular.
Words of one gender may be construed as denoting another gender as is appropriate within
such context.
section IN Holdings of Articles Sections and Paragraphs
"I'lie headings of Articles, Sections and Paragraphs used within this Agreement are
included solely for the convenience and reference of the reader. They shall have no
significance in the interpretation or construction of this Agreement.
S-QQtism e - _NQ isc.s.
All notices required to be given in this Agreement shall be made in writing either by:
a) Personal delivery to the party requiring notice, and securing a written
The nmopou j, KAr t Lis and MARY t- KAI i US Rcvocablcl ivinQ'frusl •t'nbe 29
receipt, or
b) Mailing notice by certified United States mail, return receipt
requested, to the last known address of the party requiring
notice.
17he effective. date, of the notice shall be tlic date of the written receipt or the date of the return
receipt, if.•received, or if not, the date it would have normally been received via certified mail
provided there is evidence of mailing.
Sec,tion D iv •
For purposes of this Agreement ''delivery" shall mean:
a) Personal delivery to any party, or
b) Delivery by certified United States mail, return receipt requested to the
party snaking delivery.
The effective date of delivery shall be the date of personal delivery or the date of the return
receipt, if received, or if not, the date it would have normally been received via certified snail
provided there is evidence of mailing.
'cction 8j I. Applicable State Law
Tlne validity of this 'Trust Agreement shall be determined by reference to the laws of
the State, oi. "Texas. Questions with regard to the construction and administration of the
various trusts contained in this Agreement shall be determined by reference to the laws ofthe
state in which file trust is then currently being administered.
section $, I launlicate ri irk 1flI's
This Agreement may be executed in several counterparts; each counterpart shall be
considered a duplicate original Agreement.
Sccti n $,1 ._ _Scverability
If tiny provision of this Agreement is declared by a court of competent jurisdiction to
be invalid for any reason, such invalidity shall not affect. the remaining provisions of this
Agreement. The remaining provisions shall be fully severable, and this Agreement shall. be
construed and enforced as ifthe invalid provision had never been included in this Agreement.
1:hq 'I'H S)nQRI; 11CAL 1 115 and Ml�1tY E. KAI I lJS Revocable t ivinu'frust--Pase 30
ARTICLE NINE
[31efillitions
As used in this Trust Agreement, the following terms shall have the following
nlealling, unless otherwise specified in this Agreen'ient:
aj' t n 9. 1. J a %cl
The terin "husband" shall mean THE-1O1]ORF J. KALLUS.
Section 9. 2. Wife
The term "wi:l:e" shall mean MARS' E. KALLUS.
c lot 9SU _ 'i' 1st 11'
The term "Trustor" shall refer individually and eollec;tively to Husband and Wife, and
It shall have the sarm,., legal ille aning as "lirantor," "Settlot'," ..Trusty aker," or any olher term
referring to the maker of a trust.
aectiotl 9. 4, Descendent
The, term "descendant" shall mean the lawful issue of a deceased parent in the line of
descent but does not include the issue of any parent who is a descendant of the deceased
person in question and is living at the time in question.
&gcjots 9.05,_ C:hiI .
The term "child" includes any issue horn to decedent or legally adopted by the
decedent or a posthumous child of a decedent, and a posthumous child is to be considered
<:ts living at the time of his parent's death. The terms "survives" or "surviving", Unless
otherwise indicated herein, shall be construed to mean surviving the decedent For at least
sixty (60) days. if the person referred to dies within sixty (60) days of the death of the
decedent, the reference to Iliad or 11er will be construed as if he or she had failed to survive
the decedent; provided, however, that any such person will have during such period the right
to the use and the enjoyment as a life tenant of all property in which his or her interest will
Fail by reason of death during such period. A pet-son's descendants shall include all of his or
her I ineal descendants through al l generations. A descendant in gestation who is later born
:,live shall be considered a descendant in heing throughout the period of gestation. An
adopted person, and all persons who are the descendants by blood or by legal adoption while
udder the age of eighteen years of such adopted person, shall be considered descendants of
the adopting parents as well as the adopting prtrents' ancestors.
The THEUDORb J K kl LUS fled MARY E. KAt I.tJS Revocablgl.iving 'l'rust--1'age 31
Section ►).06. tssuc
The term "issue" will include all natural and adopted children and descendants and
those legally adopted into the line of descent.
Section 9,07. Per Stirpes
1'he term "per stirpes" rneans strict per stirpes and does not mean per capita with
representation, Whenever a distribution is to be made to a person's descendants, per stirpes,
the distributable assets are to be divided into as many shares as there tare then living children
of such person and deceased children of such person who left then living descendants, Each
then living child shall receive one share and the share of each deceased child shall be divided
among such child's then living descendants in the same manner. 13eneficiaries entitled to take
under a "per stirpes" clause will include both natural and adopted children and their
descendants.
cctioi 9,pL�L� 'rt st n . cts t nd 'Trttist Estate
The tern'is "TrUSt Assets" and "Trust F.state" Include all assets ol. any trust created
hereunder and income derived born such assets and all proceeds of any description derived
from the sale, exchange or other disposition cif such assets.
Sectio 9 0 Adopted and AC corn Persons_
Persons who are legally adopted while they are under eighteen years of age (and not
those persons adopted after attaining eighteen years of age) shall be treated for all purposes
under this Agreement as though they were the naturally born children of their adopting
parents. A child in gestation who is later born alive shall be considered a child in being
throughout the period of gestation,
Seetican �)_.l OI,ianciicaaued Beneficiar;los
Any Beneficiary who is detennined by a court of competent jurisdiction to be
incompetent shall not have any discretionary rights of a Beneficiary with respect to this'I'rust,
or to their share or portion thereof. The 'Trustee shall hold and maintain such incompetent
Beneficiary's share of the Trust Estate and shall, in the; Trustee's sole discretion, provide for
such Beneficiary as that Trustce would provide f6r a minor. Notwithstanding the foregoing,
any Beneficiary who is diagnosed for the purposes of governmental benefits (as hereinafter
delineated) as .being not competent or as being disabled, and who shall be entitled to
Sovernn,ental supprn•t and benefits by reason of such incompetency or disability, shall cease
to be a Beneficiary of this Trust. Likewise, they shall cease to be a Beneliciary if any share
or portion of the principal or income of the Trust shall become subject to the claims of any
governmental agency for costs or benefits, fees or charges.
The THGOD ZEi J. KAI 1 S and MARY E. KAIJAIN lkeyocabic .ivi Tr is --Page 32
The portion of the Trust Estate which, absent the provisions of this section, would
have been the share of such incompetent or handicapped pcison shall be retained in trust for
as long as that individual lives. Tile Trustce, tit his or llcr sole discretion, Shall utiliZe Such
funds for the maintenance of that individual, if such individual recovers from his or her
incompetcncy or disability, and is no longer eligible for aid from any governmental agency,
including costs or benefits, fees or charges, such individual shall be reinstated as a
Beneficiary after 60 clays from such recovery, and the allocation and distribution provisions
as stated herein shall apply to that portion of the Trust Estate which is held by the 'Trustee
subject to the foregoing provisions of this section. If said handicapped Beneficiary is no
longer living and shrill leave children then living, the deceased child's share shall pass to
those children per stirpes. If there are no children, the share Shall be allocated
proportionately alnong the remaining Beneficiaries.
S,cctio 9,_l l-,ducitt Qli
As used in this trust, "education" shall include: any course of study or instruction at
an accredited college or university granting; undergraduate or graduate degrees; any course
of study or instruction at any institution for specialized, vocational, or professional training;
any curriculum offered by any institution that is recognized for purposes of receiving
financial assistance from any state or fcdcral agency or program; ally course of study or
instruction which may be useful in preparing a Beneficiary for any vocation consistent with
the Belieficiary's abilities and interests. Distributions for education may include tuition, fees,
books, supplies, living expenses, travel, and spending illoney to the extent that they are
reasonable,
'cctio 19.12. Personal 1 cpresent<1tiyC
For the purposes of this Agreement, the term "Personal Representative" shall include
i,ul executor, administrator, guardian, custodian, conservator, trustee, or any other form of
personal representative,
5'(11CIi0n -21_3. 111C W1-( lty
l,xcept as otherwise provided in this Agreement, any individual may be treated as
being under a legal disability, incompetent, or incapacitated, if: declared or adjudicated as
such by a court of competent jurisdiction; or a guardian, conservator, or other personal
representative of such individual's person or estate has been appointed by a court of
competent jurisdiction; or certified as such in writing by at least two licensed physicians.
When required to give reasonable effeet to the context in which used, pronouns in the
lilasculine, felninine or neuter gender include each other, and nouns and pronouns in the
plural or singular number include each other.
1 he t iiL' 1)OCti 7.
J KA[ LUG andMARY L' KlAl i l IS Revocable 1 ruin "rust--t'age 33
Section 9.1 S Internal Revenue Code Termin bogy
As used herein, the words "gross estate", "adjusted gross estate", "taxable estate11,
"unified credit" "state death tax credit" "maximum marital deduction" "marital deduction"
and any other word or words which from the context in which it or they are used refer to the
Internal Revenue Code shall be assigned the same meaning as such words have for the
purposes of applying the Internal Revenue Code to a deceased Trustor's Estate. Reference
to sections of tile Internal Revenue Code and to the Internal Revenue Code shall refer to the
Internal Revenue Code amended to the date of such Trustor's death.
(balance of page left blank intentionally)
The TI11'•ODORE J KALLUS and MAKY f- KA(t tjS RevOcablc Living Trust --Page 34
SPECIAL DIRECTIVES
OF
THEO.DOIZE J. KALLUS
I, 'THEODORE J. KALLUS, a resident of tile County of WILLIAMSON, State of TEXAS,
being of lawful age, and of sound and disposing mind and memory, and not acting under
duress, fraud, 61• undue influence, hereby make, publish and declare this to be my Special
Directive, and I incorporate this into THE THE"10DORE J. KALLUS AND MARY I ,
KALLUS REVOCABLE' LIVING TRUSTAGREEMEN"T".
I+ IItST
I di rest that all estate and inheritance taxes ,payable as a result of my death, not linlited
to taxes assessed on, shall be paid out of the residue of my Estate, anc:l shall not be
deducted or collected from any Legatee, Devisee or Beneficiary hereunder.
SECOND
In the event any of my named Beneficiaries should predecease: me, all of that person's
share of the, Trust Estate is to be left to be equally divided among that 17crsoia's issue pet
stirpes.
THIRD
I direct that the personal property described in the following Exhibit "B" to this 'n-II
TIIEODORE J. KALLUS AND MARS' E, KALLUS REVOCABLE LIVING "rRus'r
AGREEMENT" shall be distributed at the time and to the beneficiaries as indicated therein.
WURTH
1 hereby direct that al i of my right, title, interest, along with possession thereof, in and
to the items of property identified on Ex i it B, which is attached hereto and incorporated
herein by reference for all purposes, be distributed to the person(s) indicated therein at the
time also indicated therein.
(balance of page left blank inter lonally)
The 'l'Uh- I 01U. ] Ai t US and MARY C KALLUS Rev2cable l.ivine'll��ist--Pi�ge 35
SPECIAL DIRECTIVES
OF
MARY E. KALLUS
I, MARY Ii;. KALLUS, a resident of the County of WILLIAMSON, State of TEXAS, being
of lawful age, and of`sound and disposing mind and memory, and not acting Under duress,
fraud, or undue influence, hereby make, publisli cind declare this to be my Special Directive,
and I incori)orme this into 'T 14E, THEODORE J. KALU JS AND MARY 1", KALIAJS"
REVOCABLE LIVING 'I,RUST AGREEMENT,
FIRST
I direct that all estate and inheritance taxes payable as a result of my death, not limited
to taxes assessed on property, shall be paid out of the residue of'my Estate, and shall not be
deducted or collected from any Legatee, Devisee or Beneficiary hereunder,
SECOND
In the event any of my named Beneficiaries should predecease me, all of that person's
share of the "Trust Estate is to 'be left to be equally divided among that person's issue per
stirpes.
THIRI)
I direct that the personal property described in the following Exhibit "13" to this'T'HE
THEODORT: J. KALLUS AND MARY 11 KALLUS REVOCABLE LIVING TRUST
AGREE MT: N'T shall be distributed at the time and to the beneficiaries as indk4lted therein.
FOURTH
I hercby,dircct that all of my right, title, interest, along with possession thereof, in and
to the items of properly identified on Xlli i B, which is attached hereto and incorporated
herein by reference for all purposes, be distributed to the persons) indicated therein at the
tine also indicated therein.
(balance ofpage left blank intentionally)
I li�L. HT�ODORE, J KALLUS and MARY 1'� KAI LUS Revocuble Livingru:,Y--1'K�ge 36
DATED to be effective this _ day of
TRUSTORS:
THLODOR J. KAI_,LUS
MA.RY f.:KAL LUS
ACCEPTED BY CO -TRUSTEES:
___. 0--0; 'I'b
'1' EO O J. KA LUS
MAI��' P
L.L US
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
This instrument was acknowledged before one on the elate herein set forth by
ITJEODOR J. KALLUS as'I"rustor and Co -Trustee to certify which witness rn ittnd all d
seal of office. , i
STATE OFTEXAS EXAS §
COUNTY OF WI LLIAMISON §
01, 1 exas
MARLIN BRANILIiY
^y Notary Public„ St[itt� Ot Texas
My (,umrnission Expire
>%J,P;LP� December 23, 2007
This instrument was acknowledged before me on the date herein set forth
E. KALLUS as Trustor and Co -Trustee to certify which wigiep my hand aroset
r� f MARLIN DPW r�r:r
�r1 Notary Public. Slat( 01 'I'Bxia5
My Commission
ExpirFts
December 23, 2007
Th ^ T� 11I-MORE J. - S i nd MARY C:. KAI.I_US Revocable l.ivine'Cru�t--Page 37