THE PATRICK MARION - PRINCE SIMMONS IRREVOCABLE LIVING TRUST This Living Trust Agreement ("Agreement"), dated July 26, 2024, between PATRICK MARION - PRINCE SIMMONS ("Grantor") of Marietta, Georgia and Patrick Marion - Prince Simmons of Marietta, Georgia ("Trustee"). This Agreement amends and restates the THE PATRICK MARION - PRINCE SIMMONS IRREVOCABLE LIVING TRUST, and shall continue to be known as the "THE PATRICK MARION - PRINCE SIMMONS IRREVOCABLE LIVING TRUST". In consideration of the mutual covenants and promises set forth in this Agreement, the Grantor and the Trustee agree as follows: I. Purpose. The purpose of this Agreement is to establish a trust to receive and manage assets for the benefit of the Grantor during the Grantor’s lifetime, and to further manage and distribute the assets of the trust upon the death of the Grantor. II. Name. The trust created hereby shall be known as the "THE PATRICK MARION - PRINCE SIMMONS IRREVOCABLE LIVING TRUST dated July 26, 2024." The assets and dealings of the trust may, however, be held and conducted in the name of the Trustee and, to the extent otherwise permitted herein, also in the name of a nominee. III. Funding of the Trust. Grantor has transferred, assigned, conveyed, and delivered to the Trustee the property described in Schedule A attached and made a part hereof; and said property and any and all other property which may be hereafter assigned, conveyed and delivered to said Trustee by the Grantor or another person as hereinafter provided, is intended to constitute the trust estate and to be held by the Trustee in trust for the uses and purposes and subject to the terms and conditions hereinafter set forth. The Grantor or any other person, with the consent of the Trustee, may at any time or from time to time deed, grant, devise, bequest, gift, or otherwise, cause additional property to be transferred to and administered as a part of the trust estate created hereunder. Any such transfer may be evidenced by the receipt of the Trustee, and each such receipt shall be conclusive evidence of the consent of said Trustee to the transfer thereof. IV. Management of Trust Assets. The Trustee shall manage and distribute the trust assets for the benefit of the Grantor and the Grantor’s successor(s) in interest in accordance with the terms of this Agreement. V. Payments During the Grantor’s Lifetime. During the Grantor’s lifetime, the Trustee shall pay all of the net income of this trust, and also such sums from principal as the Grantor may request, to or for the benefit of the Grantor, or as the Grantor may designate. Such payments shall be made at least weekly. The Grantor may change the amount of the payments at any time by providing written notice to the Trustee. Any excess income not distributed at Grantor’s death shall be added to principal at the discretion of the Trustee. A. Payments During a "Disability" of the Grantor. During any period that the Grantor has a "disability", the Trustee may pay to or for the benefit of the Grantor such amounts of income and principal as the Trustee believes in the Trustee’s sole discretion to be required for (i) the Grantor’s support, comfort, and welfare, (ii) the Grantor’s accustomed manner of living, or (iii) any purpose that the Trustee believes to be in the best interest of the Grantor. Furthermore, in the event of illness or other disability of Grantor, the Trustee may, in lieu of making payment of such income directly to the Grantor, use and apply for the benefit of the Grantor so much of such income and also the principal of the trust estate for the proper care, comfort, medical or surgical attention, maintenance, and support of Grantor. The Trustee, in such discretion, may pay over to any relative or legal guardian of the Grantor, all or any portion of such income or principal for any of said purposes in lieu of using and applying said funds for the benefit of Grantor. B. Disability Defined. For the purposes of this trust, "disability" shall mean a legal disability or the inability to provide prompt and intelligent consideration to financial matters by reason of illness or mental or physical disability. The determination of whether the Grantor has a disability shall be made by the Grantor’s most recent attending physician. The Trustee shall be entitled to rely on written notice of that determination. VI. Pet Care During the Grantor’s Lifetime. During any period that the Grantor has a disability (as defined above), or cannot care for Grantor’s pets, the provisions under Creation of Pet Trust (below) shall become effective immediately to provide for the Grantor’s pets, as if the Grantor had died. The Grantor may recover possession of the pets at any time. VII. Death of the Grantor. Upon the death of the Grantor, and after the payment of the Grantor’s just debts, funeral expenses, and expenses of last illness, the following distributions shall be made: A. Specific Distributions - Pets. If my spouse fails to survive me by thirty (30) days, I give my pets as described below: dog, Kodi, with the following description: Pitbull Terrier and any other pets that I own at my death to Nytaliya Dansha Johnson ("Pet Caretaker"), of 825 Powder Springs Street, 1405, Marietta, Georgia 30064, if (s)he survives me by thirty (30) days. If Nytaliya Dansha Johnson shall fail to survive me or is otherwise unable to accept the guardianship of the above named pets or any other pets, I give such animals to Hudson Judah McGee ("Alternate Pet Caretaker"), presently residing at 825 Powder Springs Street, 1405, Marietta, Georgia 30064. If neither of the Pet Caretaker or the Alternate Pet Page 2 of 11 Caretaker named above are able or willing to accept my pets, my Trustee shall place my pets in a home where such pets will receive proper and loving care. During the time in which a suitable home cannot be found, such pets shall be placed in a professional animal care facility, the expenses of which shall be charged against the principal of any residuary estate. Residuary Assets. The residuary assets of this trust shall be distributed to (or retained by) the following beneficiaries in the percentages as shown: 25 % - Tabitha Jemia McGee of Marietta, Georgia. If this person does not survive the Grantor, this share shall be distributed proportionately to the other distributee(s) listed under this provision. VIII. Creation of Pet Trust. My Trustee shall set aside the sum of $0.00 in trust ("Pet Trust") for my pets as described below: My dog, Kodi if surviving, and any other surviving pets that I own at my death, to provide for the benefit of such pets and disposed of in accordance with the terms below. In the event of my disability or inability to care for my pets (see above), the provisions below shall take effect immediately to provide for the care of my pets. I retain the right to recover possession of my pets at any time. A. Disposition Of Pet Trust. Income and Principal: During the lifetime of my pets, my Trustee shall make payment to my Pet Caretaker, or to the individual who accepts the guardianship of my pets, all of the net income and principal of this trust as is necessary to provide for the care, health, maintenance, welfare, and support of my pets, including but not limited to food, veterinary care and pet insurance, toys, and other recreational activities, and temporary boarding and/or pet-sitting fees. In exercising such discretion, it is intended that my Trustee will maintain my pets in the same standard of health, care, and welfare as I provided them, including, but not limited to these special instructions: _________________ Without in any way limiting the discretion of my Trustee over distributions of principal and income from this trust, I declare to my Trustee that the primary purpose of this trust is to provide a warm, caring, and loving environment for my pets for the remainder of their lives, including good nutrition and veterinarian care and attention. It is my intent that my pets should live out their natural lifespan and I direct my Trustee to take reasonable actions to accomplish it. Preservation of principal is not as important as these objectives. My Trustee is also authorized to pay, or reimburse to my Trustee, any income taxes attributable to the trust and other necessary expenses associated with the administration and distribution thereof. Notwithstanding the above purposes, if at any time my pets suffer from a medical or physical condition or illness and my Trustee determines, based on a written opinion of a veterinary Page 3 of 11 professional who has examined any of my pets, that it would be more humane to euthanizeany of my pets, then my Trustee is authorized to do so at the expense of the Pet Trust. B. Termination And Disposition. This trust shall terminate upon the earlier to occur of the following events: the last to die of my pets living at the time of my death, or if required by state law, twenty-one (21) years from the date of my death. If termination of the trust occurs because of the last to die of my pets, my Trustee shall, at the expense of the trust, provide for the respectful and proper disposition of the remains of the pets named above or any other pets, pay all remaining debts and expense of the trust, and then distribute the remaining assets of the trust to Tabitha Jemia McGee, residing at 825 Powder Springs Street, 1405, Marietta, Georgia 30064. C. Enforcement Of Trust By Third Party. The purposes and terms of this Pet Trust may be enforced, at any time with or without court intervention by PATRICK MARION - PRINCE SIMMONS STUDIOS LLC, or if PATRICK MARION - PRINCE SIMMONS STUDIOS LLC is unable or unwilling to do so, by any party appointed by a court pursuant to state laws. To this end, PATRICK MARION - PRINCE SIMMONS STUDIOS LLC may, but is not required to request an accounting for the funds of the Pet Trust, not more frequently than quarterly, and inspect the pets named above and any other pets and the condition of the premises where the pets named above and any other pets are kept, from time to time, and ensure that appropriate care is being provided by my Pet Caretaker or Alternate Pet Caretaker. This provision shall apply even if the party granted enforcement powers is not a beneficiary of the Pet Trust. Notwithstanding the foregoing, no provision in this paragraph shall be construed to limit the rights of my trustee and the beneficiaries to enforce the terms hereof. IX. Trustee Powers. The Trustee, in addition to other powers and authority granted by law or necessary or appropriate for proper administration of the trust, shall have the following rights, powers, and authority without order of court and without notice to anyone: A. Receive Assets. To receive, hold, maintain, administer, collect, invest and reinvest the trust assets, and collect and apply the income, profits, and principal of the trust in accordance with the terms of this instrument. B. Receive Additional Assets. To receive additional assets from other sources, including assets received under the last will of the Grantor or any other person. C. Standard of Care. To acquire, invest, reinvest, exchange, retain, sell, and manage estate and trust assets, exercising the judgment and care, under the circumstances then prevailing, that persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not in regard to speculation but in regard to the permanent disposition of their funds, considering the probable income as well as the probable safety of their capital. Within the limitations of that standard, the Trustee is authorized to acquire and retain every kind of property, real, personal, or mixed, and every kind of investment, specifically including, but not by way of limitation, bonds, debentures and other corporate obligations, and stocks, preferred or common, that persons of prudence, discretion, and intelligence acquire or retain for their own account, even though not otherwise a legal investment for trust funds under the laws and statutes of the United States or the state under which this instrument is administered. D. Retain Assets. To retain any asset, including uninvested cash or original investments, regardless of whether it is of the kind authorized by this instrument for investment and whether it leaves a disproportionately large part of the estate or trust invested in one type of property, without regard to any legal limitations upon investments and the principles of diversification, for as long as the Trustee deems advisable. E. Dispose of or Encumber Assets. To sell, option, mortgage, pledge, lease or convey real or personal property, publicly or privately, upon such terms and conditions as may appear to be proper, and to execute all instruments necessary to effect such authority. F. Settle Claims. To compromise, settle, or abandon claims in favor of or against the trust. G. Manage Property. To manage real estate and personal property, borrow money, exercise options, buy insurance, and register securities as may appear to be proper. H. Allocate Between Principal and Income. To make allocations of charges and credits as between principal and income as in the sole discretion of the Trustee may appear to be proper. I. Employ Professional Assistance. To employ and compensate counsel and other persons deemed necessary for proper administration and to delegate authority when such delegation is advantageous to the trust. J. Distribute Property. To make division or distribution in money or kind, or partly in either including disproportionate in-kind distributions, at values to be determined by the Trustee, and the Trustee’s judgment shall be binding upon all interested parties. K. Enter Contracts. To bind the trust by contracts or agreements without assuming individual liability for such contracts. L. Exercise Stock Ownership Rights. To vote, execute proxies to vote, join in or oppose any plans for reorganization, and exercise any other rights incident to the ownership of any stocks, bonds or other properties of the trust. M. Duration of Powers. To continue to exercise the powers provided in this Agreement after the termination of the trust until all the assets of the trust have been distributed. N. Hold Trust Assets as a Single Fund. To hold the assets of the trust, shares, or portions of the trust created by this instrument as a single fund for joint investment and management, without the need for physical segregation, dividing the income proportionately among them. Segregation of the various trust shares need only be made on the books of the Trustee for accounting purposes. O. Compensation. To receive reasonable compensation for the Trustee’s services under this Agreement and be exonerated from and to pay all reasonable expenses and charges of the trust. P. Loans to Beneficiaries. To make loans to any trust beneficiary for the purpose of providing the beneficiary with the funds necessary to take advantage of exceptional business opportunities or to provide for the needs of the beneficiaries and their families. Q. Methods of Distribution. To make payments to or for the benefit of any beneficiary (specifically including any beneficiary under any legal disability) in any of the following ways: (a) directly to the beneficiary, (b) directly for the maintenance, welfare, and education of the beneficiary, (c) to the legal or natural guardian of the beneficiary, or, (d) to anyone who at the time shall have custody and care of the person of the beneficiary. The Trustee shall not be obliged to see to the application of the funds so paid, but the receipt of the person to whom the funds were paid shall be full acquittance of the Trustee. X. Additional Trustee Provisions. These additional provisions shall apply regarding the Trustee. A. Grantor as Trustee. If at any time the Grantor is the Trustee, the Grantor may appoint a successor Trustee, to become effective immediately or upon any stated contingency, by making such designation in writing. Such designee shall become the successor Trustee upon acceptance of the terms and conditions of this Agreement. B. Successor Trustee. If at any time a Trustee cannot serve because of the Trustee’s disability (as previously defined), death, or other reason, TABITHA JEMIA MCGEE, of Marietta, Georgia, is designated as the successor Trustee, to serve with bond. If such designee(s) is/are unable to serve for any reason, Nytaliya Dansha Johnson, of Marietta, Georgia, is designated as the alternate successor Trustee, to serve with bond. C. Resignation of Trustee. Any Trustee may resign by giving written notice to the beneficiaries to whom income could then be distributed. Such resignation shall take effect on such date specified in the notice, but not earlier than thirty (30) days after the date of delivery of such written resignation unless an earlier effective date shall be agreed to by the income beneficiaries. D. Adult Beneficiary Rights. If the Trustee resigns or for any reason ceases to serve as Trustee, and if the successor Trustee(s) designated by the Grantor, if any, fail or cease to serve as Trustee, then the adult beneficiaries to whom income could then be distributed, together with the adult beneficiaries to whom principal would be distributed if the trust were then to terminate, may by majority action in writing appoint a successor Trustee. If agreement of a majority of the beneficiaries cannot be obtained within sixty (60) days, a successor Trustee shall be appointed by the court having general jurisdiction of the trust. Any successor Trustee appointed shall have all the rights conferred upon the original Trustee and shall be bound by the provisions of this trust. E. Accounting. The Trustee shall provide an accounting to the Beneficiary (or beneficiaries) on at least a(n) monthly basis. If a beneficiary has a "disability," the Trustee shall provide the accounting to a guardian or conservator, if any. F. Bond. No bond shall be required of any Trustee unless specified otherwise in this document. XI. Right to Direct Investments. At any time that the trust has investments, and provided that the Grantor does not have a "disability", the Grantor may direct any Trustee to purchase, sell, or retain any trust investment. XII. Revocation or Amendment. During the Grantor’s lifetime, the Grantor may revoke at any time, and/or the Grantor may amend, this Agreement by delivering to the Trustee an appropriate written revocation or amendment, signed by the Grantor. If the Trustee consents, the powers of revocation, but not the power of amendment, may be exercised by a duly appointed and acting attorney-in-fact for the Grantor for the purpose of withdrawing assets from the trust. XIII. Governing Law. This Agreement shall be construed in accordance with the laws of the State of Georgia. XIV. Perpetuities Savings Clause. Despite any other provision of this Agreement to the contrary, the trust created by this Agreement shall terminate no later than twenty-one (21) years after the death of the last surviving beneficiary of this Agreement who is living at the time of the death of the Grantor, at the end of which time distribution of all principal and all accrued, accumulated, and undistributed income shall be made to the persons then entitled to distributions, in the manner and proportions herein stated free of trust. XV. Severability. If any portion of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. State of Georgia County of Cobb County On this _____ day of ____________________, ______, before me, ________________________________, personally appeared PATRICK MARION - PRINCE SIMMONS, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he/she executed the same as Grantor for the purposes therein contained. In witness whereof I hereunto set my hand and official seal. ____________________________________ Notary Public ____________________________________ Title (and Rank) My commission expires ________________ My commission expires ________________ Schedule A List of Assets to be Held by the Trustee The Grantor has transferred, assigned, conveyed, and delivered to the Trustee the following assets to be held, managed, and distributed under the terms of this Living Trust as described above: Name: PATRICK MARION - PRINCE SIMMONS Inc, PATRICK MARION - PRINCE SIMMONS STUDIOS LLC, PATRICK MARION - PRINCE SIMMONS (INCLUDING INTELLECTUAL PROPERTY) BANK ACCOUNTS BROKERAGE ACCOUNT(S) ,THE PATRICK MARION - PRINCE SIMMONS LAW FIRM, PATRICK MARION - PRINCE SIMMONS INSURANCE CO, PATRICK MARION - PRINCE SIMMONS ELECTRONICS, PATRICK MARION - PRINCE SIMMONS BANK, NO CROWDING LLC Value: $0.00 Description: _________________ Name: PATRICK MARION - PRINCE SIMMONS MAGAZINE, PATRICK MARION - PRINCE SIMMONS ENTERTAINMENT, PATRICK MARION - PRINCE SIMMONS COMICS, PATRICK MARION - PRINCE SIMMONS ENERGY CO, PATRICK MARION PRINCE SIMMONS OIL CO, PATRICK MARION - PRINCE SIMMONS RADIO, PATRICK MARION - PRINCE SIMMONS TV, PATRICK MARION - PRINCE SIMMONS SPORTS, PATRICK MARION - PRINCE SIMMONS MONOPOLY Value: $0.00 Description: _________________ Name: PATRICK MARION - PRINCE SIMMONS VLOG, PATRICK MARION - PRINCE SIMMONS ETF, PATRICK MARION - PRINCE SIMMONS MOTORS, PATRICK MARION - PRINCE SIMMONS STREAMING , PATRICK MARION - PRINCE SIMMONS PUBLISHING , PATRICK MARION - PRINCE SIMMONS CONSTRUCTION, PATRICK MARION - PRINCE SIMMONS MANAGEMENT, PATRICK MARION - PRINCE SIMMONS TECHNOLOGY , THE PATRICK MARION - PRINCE SIMMONS TALENT AGENCY, Value: $0.00 Description: _________________ Name: PATRICK MARION - PRINCE SIMMONS LANDSCAPING, PATRICK MARION - PRINCE SIMMONS SOCIAL SPACE, PATRICK MARION - PRINCE SIMMONS TRANSPORTATION CO, PATRICK MARION - PRINCE SIMMONS SHIPPING, PATRICK MARION - PRINCE SIMMONS LANDSCAPING, PATRICK MARION - PRINCE SIMMONS HOTELS, THE PATRICK MARION - PRINCE SIMMONS HOTEL, PATRICK MARION - PRINCE SIMMONS REAL ESTATE, PATRICK MARION - PRINCE SIMMONS ESTATES Value: $0.00 Page 10 of 11 Description: _________________ Name: THE PATRICK MARION - PRINCE SIMMONS FACTORY, PATRICK MARION - PRINCE SIMMONS MANUFACTURING, PATRICK MARION - PRINCE SIMMONS MEDICAL CENTER, PATRICK MARION - PRINCE SIMMONS ADVERTISING & MARKETING AGENCY Value: $0.00 Description: _________________
THE PATRICK MARION - PRINCE SIMMONS IRREVOCABLE LIVING TRUST This Living Trust Agreement ("Agreement"), dated July 26, 2024, between PATRICK MARION - PRINCE SIMMONS ("Grantor") of Marietta, Georgia and Patrick Marion - Prince Simmons of Marietta, Georgia ("Trustee"). This Agreement amends and restates the THE PATRICK MARION - PRINCE SIMMONS IRREVOCABLE LIVING TRUST, and shall continue to be known as the "THE PATRICK MARION - PRINCE SIMMONS IRREVOCABLE LIVING TRUST". In consideration of the mutual covenants and promises set forth in this Agreement, the Grantor and the Trustee agree as follows: I. Purpose. The purpose of this Agreement is to establish a trust to receive and manage assets for the benefit of the Grantor during the Grantor’s lifetime, and to further manage and distribute the assets of the trust upon the death of the Grantor. II. Name. The trust created hereby shall be known as the "THE PATRICK MARION - PRINCE SIMMONS IRREVOCABLE LIVING TRUST dated July 26, 2024." The assets and dealings of the trust may, however, be held and conducted in the name of the Trustee and, to the extent otherwise permitted herein, also in the name of a nominee. III. Funding of the Trust. Grantor has transferred, assigned, conveyed, and delivered to the Trustee the property described in Schedule A attached and made a part hereof; and said property and any and all other property which may be hereafter assigned, conveyed and delivered to said Trustee by the Grantor or another person as hereinafter provided, is intended to constitute the trust estate and to be held by the Trustee in trust for the uses and purposes and subject to the terms and conditions hereinafter set forth. The Grantor or any other person, with the consent of the Trustee, may at any time or from time to time deed, grant, devise, bequest, gift, or otherwise, cause additional property to be transferred to and administered as a part of the trust estate created hereunder. Any such transfer may be evidenced by the receipt of the Trustee, and each such receipt shall be conclusive evidence of the consent of said Trustee to the transfer thereof. IV. Management of Trust Assets. The Trustee shall manage and distribute the trust assets for the benefit of the Grantor and the Grantor’s successor(s) in interest in accordance with the terms of this Agreement. V. Payments During the Grantor’s Lifetime. During the Grantor’s lifetime, the Trustee shall pay all of the net income of this trust, and also such sums from principal as the Grantor may request, to or for the benefit of the Grantor, or as the Grantor may designate. Such payments shall be made at least weekly. The Grantor may change the amount of the payments at any time by providing written notice to the Trustee. Any excess income not distributed at Grantor’s death shall be added to principal at the discretion of the Trustee. A. Payments During a "Disability" of the Grantor. During any period that the Grantor has a "disability", the Trustee may pay to or for the benefit of the Grantor such amounts of income and principal as the Trustee believes in the Trustee’s sole discretion to be required for (i) the Grantor’s support, comfort, and welfare, (ii) the Grantor’s accustomed manner of living, or (iii) any purpose that the Trustee believes to be in the best interest of the Grantor. Furthermore, in the event of illness or other disability of Grantor, the Trustee may, in lieu of making payment of such income directly to the Grantor, use and apply for the benefit of the Grantor so much of such income and also the principal of the trust estate for the proper care, comfort, medical or surgical attention, maintenance, and support of Grantor. The Trustee, in such discretion, may pay over to any relative or legal guardian of the Grantor, all or any portion of such income or principal for any of said purposes in lieu of using and applying said funds for the benefit of Grantor. B. Disability Defined. For the purposes of this trust, "disability" shall mean a legal disability or the inability to provide prompt and intelligent consideration to financial matters by reason of illness or mental or physical disability. The determination of whether the Grantor has a disability shall be made by the Grantor’s most recent attending physician. The Trustee shall be entitled to rely on written notice of that determination. VI. Pet Care During the Grantor’s Lifetime. During any period that the Grantor has a disability (as defined above), or cannot care for Grantor’s pets, the provisions under Creation of Pet Trust (below) shall become effective immediately to provide for the Grantor’s pets, as if the Grantor had died. The Grantor may recover possession of the pets at any time. VII. Death of the Grantor. Upon the death of the Grantor, and after the payment of the Grantor’s just debts, funeral expenses, and expenses of last illness, the following distributions shall be made: A. Specific Distributions - Pets. If my spouse fails to survive me by thirty (30) days, I give my pets as described below: dog, Kodi, with the following description: Pitbull Terrier and any other pets that I own at my death to Nytaliya Dansha Johnson ("Pet Caretaker"), of 825 Powder Springs Street, 1405, Marietta, Georgia 30064, if (s)he survives me by thirty (30) days. If Nytaliya Dansha Johnson shall fail to survive me or is otherwise unable to accept the guardianship of the above named pets or any other pets, I give such animals to Hudson Judah McGee ("Alternate Pet Caretaker"), presently residing at 825 Powder Springs Street, 1405, Marietta, Georgia 30064. If neither of the Pet Caretaker or the Alternate Pet Page 2 of 11 Caretaker named above are able or willing to accept my pets, my Trustee shall place my pets in a home where such pets will receive proper and loving care. During the time in which a suitable home cannot be found, such pets shall be placed in a professional animal care facility, the expenses of which shall be charged against the principal of any residuary estate. Residuary Assets. The residuary assets of this trust shall be distributed to (or retained by) the following beneficiaries in the percentages as shown: 25 % - Tabitha Jemia McGee of Marietta, Georgia. If this person does not survive the Grantor, this share shall be distributed proportionately to the other distributee(s) listed under this provision. VIII. Creation of Pet Trust. My Trustee shall set aside the sum of $0.00 in trust ("Pet Trust") for my pets as described below: My dog, Kodi if surviving, and any other surviving pets that I own at my death, to provide for the benefit of such pets and disposed of in accordance with the terms below. In the event of my disability or inability to care for my pets (see above), the provisions below shall take effect immediately to provide for the care of my pets. I retain the right to recover possession of my pets at any time. A. Disposition Of Pet Trust. Income and Principal: During the lifetime of my pets, my Trustee shall make payment to my Pet Caretaker, or to the individual who accepts the guardianship of my pets, all of the net income and principal of this trust as is necessary to provide for the care, health, maintenance, welfare, and support of my pets, including but not limited to food, veterinary care and pet insurance, toys, and other recreational activities, and temporary boarding and/or pet-sitting fees. In exercising such discretion, it is intended that my Trustee will maintain my pets in the same standard of health, care, and welfare as I provided them, including, but not limited to these special instructions: _________________ Without in any way limiting the discretion of my Trustee over distributions of principal and income from this trust, I declare to my Trustee that the primary purpose of this trust is to provide a warm, caring, and loving environment for my pets for the remainder of their lives, including good nutrition and veterinarian care and attention. It is my intent that my pets should live out their natural lifespan and I direct my Trustee to take reasonable actions to accomplish it. Preservation of principal is not as important as these objectives. My Trustee is also authorized to pay, or reimburse to my Trustee, any income taxes attributable to the trust and other necessary expenses associated with the administration and distribution thereof. Notwithstanding the above purposes, if at any time my pets suffer from a medical or physical condition or illness and my Trustee determines, based on a written opinion of a veterinary Page 3 of 11 professional who has examined any of my pets, that it would be more humane to euthanizeany of my pets, then my Trustee is authorized to do so at the expense of the Pet Trust. B. Termination And Disposition. This trust shall terminate upon the earlier to occur of the following events: the last to die of my pets living at the time of my death, or if required by state law, twenty-one (21) years from the date of my death. If termination of the trust occurs because of the last to die of my pets, my Trustee shall, at the expense of the trust, provide for the respectful and proper disposition of the remains of the pets named above or any other pets, pay all remaining debts and expense of the trust, and then distribute the remaining assets of the trust to Tabitha Jemia McGee, residing at 825 Powder Springs Street, 1405, Marietta, Georgia 30064. C. Enforcement Of Trust By Third Party. The purposes and terms of this Pet Trust may be enforced, at any time with or without court intervention by PATRICK MARION - PRINCE SIMMONS STUDIOS LLC, or if PATRICK MARION - PRINCE SIMMONS STUDIOS LLC is unable or unwilling to do so, by any party appointed by a court pursuant to state laws. To this end, PATRICK MARION - PRINCE SIMMONS STUDIOS LLC may, but is not required to request an accounting for the funds of the Pet Trust, not more frequently than quarterly, and inspect the pets named above and any other pets and the condition of the premises where the pets named above and any other pets are kept, from time to time, and ensure that appropriate care is being provided by my Pet Caretaker or Alternate Pet Caretaker. This provision shall apply even if the party granted enforcement powers is not a beneficiary of the Pet Trust. Notwithstanding the foregoing, no provision in this paragraph shall be construed to limit the rights of my trustee and the beneficiaries to enforce the terms hereof. IX. Trustee Powers. The Trustee, in addition to other powers and authority granted by law or necessary or appropriate for proper administration of the trust, shall have the following rights, powers, and authority without order of court and without notice to anyone: A. Receive Assets. To receive, hold, maintain, administer, collect, invest and reinvest the trust assets, and collect and apply the income, profits, and principal of the trust in accordance with the terms of this instrument. B. Receive Additional Assets. To receive additional assets from other sources, including assets received under the last will of the Grantor or any other person. C. Standard of Care. To acquire, invest, reinvest, exchange, retain, sell, and manage estate and trust assets, exercising the judgment and care, under the circumstances then prevailing, that persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not in regard to speculation but in regard to the permanent disposition of their funds, considering the probable income as well as the probable safety of their capital. Within the limitations of that standard, the Trustee is authorized to acquire and retain every kind of property, real, personal, or mixed, and every kind of investment, specifically including, but not by way of limitation, bonds, debentures and other corporate obligations, and stocks, preferred or common, that persons of prudence, discretion, and intelligence acquire or retain for their own account, even though not otherwise a legal investment for trust funds under the laws and statutes of the United States or the state under which this instrument is administered. D. Retain Assets. To retain any asset, including uninvested cash or original investments, regardless of whether it is of the kind authorized by this instrument for investment and whether it leaves a disproportionately large part of the estate or trust invested in one type of property, without regard to any legal limitations upon investments and the principles of diversification, for as long as the Trustee deems advisable. E. Dispose of or Encumber Assets. To sell, option, mortgage, pledge, lease or convey real or personal property, publicly or privately, upon such terms and conditions as may appear to be proper, and to execute all instruments necessary to effect such authority. F. Settle Claims. To compromise, settle, or abandon claims in favor of or against the trust. G. Manage Property. To manage real estate and personal property, borrow money, exercise options, buy insurance, and register securities as may appear to be proper. H. Allocate Between Principal and Income. To make allocations of charges and credits as between principal and income as in the sole discretion of the Trustee may appear to be proper. I. Employ Professional Assistance. To employ and compensate counsel and other persons deemed necessary for proper administration and to delegate authority when such delegation is advantageous to the trust. J. Distribute Property. To make division or distribution in money or kind, or partly in either including disproportionate in-kind distributions, at values to be determined by the Trustee, and the Trustee’s judgment shall be binding upon all interested parties. K. Enter Contracts. To bind the trust by contracts or agreements without assuming individual liability for such contracts. L. Exercise Stock Ownership Rights. To vote, execute proxies to vote, join in or oppose any plans for reorganization, and exercise any other rights incident to the ownership of any stocks, bonds or other properties of the trust. M. Duration of Powers. To continue to exercise the powers provided in this Agreement after the termination of the trust until all the assets of the trust have been distributed. N. Hold Trust Assets as a Single Fund. To hold the assets of the trust, shares, or portions of the trust created by this instrument as a single fund for joint investment and management, without the need for physical segregation, dividing the income proportionately among them. Segregation of the various trust shares need only be made on the books of the Trustee for accounting purposes. O. Compensation. To receive reasonable compensation for the Trustee’s services under this Agreement and be exonerated from and to pay all reasonable expenses and charges of the trust. P. Loans to Beneficiaries. To make loans to any trust beneficiary for the purpose of providing the beneficiary with the funds necessary to take advantage of exceptional business opportunities or to provide for the needs of the beneficiaries and their families. Q. Methods of Distribution. To make payments to or for the benefit of any beneficiary (specifically including any beneficiary under any legal disability) in any of the following ways: (a) directly to the beneficiary, (b) directly for the maintenance, welfare, and education of the beneficiary, (c) to the legal or natural guardian of the beneficiary, or, (d) to anyone who at the time shall have custody and care of the person of the beneficiary. The Trustee shall not be obliged to see to the application of the funds so paid, but the receipt of the person to whom the funds were paid shall be full acquittance of the Trustee. X. Additional Trustee Provisions. These additional provisions shall apply regarding the Trustee. A. Grantor as Trustee. If at any time the Grantor is the Trustee, the Grantor may appoint a successor Trustee, to become effective immediately or upon any stated contingency, by making such designation in writing. Such designee shall become the successor Trustee upon acceptance of the terms and conditions of this Agreement. B. Successor Trustee. If at any time a Trustee cannot serve because of the Trustee’s disability (as previously defined), death, or other reason, TABITHA JEMIA MCGEE, of Marietta, Georgia, is designated as the successor Trustee, to serve with bond. If such designee(s) is/are unable to serve for any reason, Nytaliya Dansha Johnson, of Marietta, Georgia, is designated as the alternate successor Trustee, to serve with bond. C. Resignation of Trustee. Any Trustee may resign by giving written notice to the beneficiaries to whom income could then be distributed. Such resignation shall take effect on such date specified in the notice, but not earlier than thirty (30) days after the date of delivery of such written resignation unless an earlier effective date shall be agreed to by the income beneficiaries. D. Adult Beneficiary Rights. If the Trustee resigns or for any reason ceases to serve as Trustee, and if the successor Trustee(s) designated by the Grantor, if any, fail or cease to serve as Trustee, then the adult beneficiaries to whom income could then be distributed, together with the adult beneficiaries to whom principal would be distributed if the trust were then to terminate, may by majority action in writing appoint a successor Trustee. If agreement of a majority of the beneficiaries cannot be obtained within sixty (60) days, a successor Trustee shall be appointed by the court having general jurisdiction of the trust. Any successor Trustee appointed shall have all the rights conferred upon the original Trustee and shall be bound by the provisions of this trust. E. Accounting. The Trustee shall provide an accounting to the Beneficiary (or beneficiaries) on at least a(n) monthly basis. If a beneficiary has a "disability," the Trustee shall provide the accounting to a guardian or conservator, if any. F. Bond. No bond shall be required of any Trustee unless specified otherwise in this document. XI. Right to Direct Investments. At any time that the trust has investments, and provided that the Grantor does not have a "disability", the Grantor may direct any Trustee to purchase, sell, or retain any trust investment. XII. Revocation or Amendment. During the Grantor’s lifetime, the Grantor may revoke at any time, and/or the Grantor may amend, this Agreement by delivering to the Trustee an appropriate written revocation or amendment, signed by the Grantor. If the Trustee consents, the powers of revocation, but not the power of amendment, may be exercised by a duly appointed and acting attorney-in-fact for the Grantor for the purpose of withdrawing assets from the trust. XIII. Governing Law. This Agreement shall be construed in accordance with the laws of the State of Georgia. XIV. Perpetuities Savings Clause. Despite any other provision of this Agreement to the contrary, the trust created by this Agreement shall terminate no later than twenty-one (21) years after the death of the last surviving beneficiary of this Agreement who is living at the time of the death of the Grantor, at the end of which time distribution of all principal and all accrued, accumulated, and undistributed income shall be made to the persons then entitled to distributions, in the manner and proportions herein stated free of trust. XV. Severability. If any portion of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. State of Georgia County of Cobb County On this _____ day of ____________________, ______, before me, ________________________________, personally appeared PATRICK MARION - PRINCE SIMMONS, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he/she executed the same as Grantor for the purposes therein contained. In witness whereof I hereunto set my hand and official seal. ____________________________________ Notary Public ____________________________________ Title (and Rank) My commission expires ________________ My commission expires ________________ Schedule A List of Assets to be Held by the Trustee The Grantor has transferred, assigned, conveyed, and delivered to the Trustee the following assets to be held, managed, and distributed under the terms of this Living Trust as described above: Name: PATRICK MARION - PRINCE SIMMONS Inc, PATRICK MARION - PRINCE SIMMONS STUDIOS LLC, PATRICK MARION - PRINCE SIMMONS (INCLUDING INTELLECTUAL PROPERTY) BANK ACCOUNTS BROKERAGE ACCOUNT(S) ,THE PATRICK MARION - PRINCE SIMMONS LAW FIRM, PATRICK MARION - PRINCE SIMMONS INSURANCE CO, PATRICK MARION - PRINCE SIMMONS ELECTRONICS, PATRICK MARION - PRINCE SIMMONS BANK, NO CROWDING LLC Value: $0.00 Description: _________________ Name: PATRICK MARION - PRINCE SIMMONS MAGAZINE, PATRICK MARION - PRINCE SIMMONS ENTERTAINMENT, PATRICK MARION - PRINCE SIMMONS COMICS, PATRICK MARION - PRINCE SIMMONS ENERGY CO, PATRICK MARION PRINCE SIMMONS OIL CO, PATRICK MARION - PRINCE SIMMONS RADIO, PATRICK MARION - PRINCE SIMMONS TV, PATRICK MARION - PRINCE SIMMONS SPORTS, PATRICK MARION - PRINCE SIMMONS MONOPOLY Value: $0.00 Description: _________________ Name: PATRICK MARION - PRINCE SIMMONS VLOG, PATRICK MARION - PRINCE SIMMONS ETF, PATRICK MARION - PRINCE SIMMONS MOTORS, PATRICK MARION - PRINCE SIMMONS STREAMING , PATRICK MARION - PRINCE SIMMONS PUBLISHING , PATRICK MARION - PRINCE SIMMONS CONSTRUCTION, PATRICK MARION - PRINCE SIMMONS MANAGEMENT, PATRICK MARION - PRINCE SIMMONS TECHNOLOGY , THE PATRICK MARION - PRINCE SIMMONS TALENT AGENCY, Value: $0.00 Description: _________________ Name: PATRICK MARION - PRINCE SIMMONS LANDSCAPING, PATRICK MARION - PRINCE SIMMONS SOCIAL SPACE, PATRICK MARION - PRINCE SIMMONS TRANSPORTATION CO, PATRICK MARION - PRINCE SIMMONS SHIPPING, PATRICK MARION - PRINCE SIMMONS LANDSCAPING, PATRICK MARION - PRINCE SIMMONS HOTELS, THE PATRICK MARION - PRINCE SIMMONS HOTEL, PATRICK MARION - PRINCE SIMMONS REAL ESTATE, PATRICK MARION - PRINCE SIMMONS ESTATES Value: $0.00 Page 10 of 11 Description: _________________ Name: THE PATRICK MARION - PRINCE SIMMONS FACTORY, PATRICK MARION - PRINCE SIMMONS MANUFACTURING, PATRICK MARION - PRINCE SIMMONS MEDICAL CENTER, PATRICK MARION - PRINCE SIMMONS ADVERTISING & MARKETING AGENCY Value: $0.00 Description: _________________
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