HomeMy WebLinkAbout74768D - SandersCAMA / DREDGE & FILL
-. GENERAL PERMIT
New Modification iJComplete Reissue ❑Partial Reissue
No. 74768
A B C p
Previous permit #
Date previous permit issued
As authorized by the State of North Carolina, Department of Environmental Quality O V Q
and the Coastal Resources Commission in an area of environmental concern pursuant to I SA NCAC
5AAZ4ZREVOC.A4l,E TRv,!57r IKRules attached.
Applicant Name C/o Qom- ,tiw�b '�Vs�u Project Location: County Alkw NANOVr-iL
Address 2-$ZO SE4_WV'4 AVM 6ilm-rc 5.z Street Address/ State Road/ Lot #(s) 17'
City C4k^y_wT7'E Statexe ziP28ZO9 &,ACM ROB 50w-r►.I.
Phone # (!" 512 -0162- E-Mail R 8rvsert&4 Subdivision r i C-t k.¢� r— 1y
Authorized Agent C/++�� �e►..�herS.eert
gytfiSt 15 Se6nW.4Xs City W I L141,6KaTO-W zip
Affected ❑CW ?(EW )<PTA ❑ES ❑PTs ,q*,r_,,,rT Phone # (R19)&0S—.4IN- River Basin W14WV:,0AIL
AEC(s): ❑ OEA ❑ HHF ❑ IH ❑ UBA ❑ N/A Adj. Wtr. Body M IVO WF_ /man /unkn)
❑ PWS:
1� k r l's \ Q) i k f
or Applicant7M31
Name
rk(,(,
Signature ** Please read compliance stitement on back of permit
Application Fee(s) Check #
M C G LA. IP f—w
Permit Officer's Printed Name
C
Signature
X?_0
Issuing Date Expiration Date
AGENT AUTHORIZATION FOR CAMA PERMIT AEPUCATION
Name of Property Owner Requesting Permit. n r f t
Mailing Address: ,a2 �iZD del at•_rl AyE'. -5.u+� 5cL
Phone Number: i - Si Z. - D (S
Email Address: k gr-tAjZnY (-0 (' hD
I certify that I have authorized r-►� �^,�+,f^,� t
Agent / Contractor
to act on my behalf, for the purpose of applying for and obtaining all CAMA permits
necessary for the following proposed development: j I' ll) C1Qr-k 0j%r
ors.
at my property located at 7 i oL.f1.►_
in Aie.W +" vvve,(— County.
I furthermore certify that I am authorized to grant, and do in fact grant permission to
Division of Coastal Management staff, the Local Permit Officer and their agents to enter
on the aforementioned lands in connection with evaluating information related to this
permit application.
Property Owner Information:
Sign u�
��r�s a2Fo2b C • �iZ�(Sa�(
Print or Type Name
Title
IQ / « I
Date
This certification is valid through
CERTIFIED MAIL - RETURN RECEIPT RE UESTED
DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONIWAIVER FORM
Name of Property Owner:
Address of Property,
(Lot or Street *, Skeet or Road, City' & County)
Agent's Name #: (LkVi; SaAJUS Mailing Address:
Agent's phone#: q1q _jr,. (J.�- 18 1 �)— L�J. ,10111 r CA&j n1/, % 707
I hereby certify that I own property adjacent to the above referenced property. The individual
applying for this permit has described to me as shown on the attached drawing_the development
they are proposing. A description or drawing, with dimensions, thus# be provided with this fetter.
I have no objections to this proposal. I have objections to this proposal.
If you have objections to what Is being proposed, you must nobly the Division of Coastal Management (DClit) in
writing within f0 days of receipt of this notice. Correspondence should be mailed to 127 Cardinal Drive Fxt,
W11mington, KC, 28405.3845. DCM representatives can also be contacted at (910) 796.7215, No response is
considered the same as no ouactlon if Vu have been no~ by CarUfted Jail.
WAIVER SECTION
I understand that a pier, dock, mooring pilings, breakwater, boathouse, lift, or groin must be set
back a minimum distance of 15' from my area of riparian access unless waived by me. (if you
wish to waive the setback, you must Inidat the appropriate blank below.)
i do wish to waive the 15' setback requirement.
I do not wish to waive the 15' setback requirement.
(Property Owner Inf tion)
o r
:gnature ;
11"ho-S Sonder-5
not or Type Name
Wing Address V
L'IYJI rn� JC _ 770
Ciovstaatt�elzip p
Telephone Number
Date
(Adjacent Property Owner Information)
Print or Name
�y, n C- r-)C:C g,
AMMing Address
City/Sfate2ip
Telephone Number
Date
Revised 6/1 &2012
(Lny
DMISION WMASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONIWAIVER FORM
Narne of Property Owner: �34
or ShW #, Street or Road, City &
Agents Name EQflder-S Mailing Address: U00
Agents phone #: 1 boy— ra m /V & c 7 70
I hereby certify that I own property adjacent to the above referenced property. The individual
applying for this permit has described to me as shown on the attached drawhV-the developmeM
they are propeing. A descrita#ion or dE%tAnp, with dimensions, must be Rrovided with this letter.
I have no objections to this proposal. I have objections to this proposal.
If you have objections to witarlts bring proposed, you must no ft the Division of Coastel Management (DCAQ in
writing wfddn f0 dsys of rocet of this notice. Correspondence should be mailed to 127 Cardinal Drive &t,
Wtlmingtorr, NC, 204054#4& DW representatives can also be contacted &1(910) 7W7715. No response is
considered the same as no if M have been notit9ed Certified Ma&
WAIVER SECTION
l understand that a pier, dock, mooring pilings, breakwater, boathouse, lift, or groin must be set
back a minimum distance of 15' from my area of riparian access unless waived by me. (if you
wish to waive the setback, you mU&I loft the appropriate blank below.)
l do wish to waive the 15' setback requirement.
f do not wish to waive the 15' setback requirement.
(Property Owner infarription)
Signature
Print or Type Name
�rra�1s�rz}..
4)LIt n�r4 vrt �G
�Iq-(a0�5-4-
Telephone (Number
IZ31....................
Malting /
01111StstwZip
Telephone Number
Dad
Revised 611812012
C tivJ4
N'-�
r
A-- j Cj "-'1
G =ale— ► S' G
3
Z
Q
r _-
STATE OF NORTH CAROLINA RESIGNATION AND APPOINTMENT
OF SUCCESSOR TRUSTEE
COUNTY OF DURHAM
ELIZABETH ANN SANDERS, as Grantor, entered into a Trust Agreement executed on
the 20th day of January, 2011, with JOHN L. ATKINS, III as Trustee.
Such trust agreement at Article III, Section Three, Paragraphs A and B provides as
follows:
A. Resignation of Trustee. The Trustee shall have the
right to resign at any time by giving written notice to the successor
Trustee designated below ar, if none, to the person or persons
designated below who are authorized to appoint a successor
Trustee, Such resignation shall become effective upon acceptance
of the trusteeship by a successor Trustee.
B. Appointment of Successor Trustee. The following
provisions govern the appointment of a successor Trustee to act if
the Trustee gives notice of resignation, becomes incapacitated, dies
or otherwise ceases to act as Trustee (the "retiring Trustee"):
l . The following persons in the order named
shall have the right to appoint a successor Trustee:
a. . The beneficiary who is a distributee
or permissible distributes of the income.
b. If there is no person qualified to
appoint a successor Trustee pursuant to the foregoing
provisions, the retiring Trustee.
2. Any successor Trustee appointed pursuant to the
foregoing provisions must be an association or corporation qualified to
exercise trust powers or an individual other than myself or my spouse or
my issue. In addition, any such successor Trustee may not be (i) myself,
my spouse, my issue, the beneficiary of the trust who is a distributee or
permissible distributee of the income or any person legally obligated to
support such beneficiary, (ii) any person whose presence as Trustee would
cause the income to be taxed to me or my spouse under the provisions of
the Code, if the presence of someone else as Trustee would avoid such
result or (iii) any person "related" or "subordinate" to me or my spouse
within the meaning of Section 672(c) of the Code.
3. The appointment of any successor Trustee
shall be effected by an instrument,which has been signed by the
Person or persons having the right of such appointment and by the
successor Trustee in acceptance of the appointment and which has
been delivered to the then acting Trustee, if any. This method of
acceptance by the successor Trustee shall be exclusive to any other
method otherwise allowed by law,
JOHN L. ATKINS, III desires to resign as Trustee of all trusts under such trust
instrument and signifies such resignation by signing this Resignation and Appointment of
Successor Trustee and further waives any additional notice of appointment of Successor Trustee
which he understands will be RUTHERFORD C. BRYSON, III.
This � da of 20�.
L_(SF,AL)
JO L. ATKINS, III
STATE OF NORTH CAROLINA
COUNTY OF
a Notary Public for said County and State, do hereby
certify that JOHN L. ATKINS, III rsonally appeared before me this day and acknowledged the
due execution of the foregoing instrument. ('
WITNESS my hand and notarial seal, this the b day of - - 20 X
(SEAL) TERI ANN MCCARTY SIGNEI)Xtt 6/ll.c.-, (y --
NOTARY PUBLIC Notary Public
WAKE! COUNTY, N.C.
My Con►misslon Fxplres 1-10-2019.
My Com
Pursuant to such Trust Agreement, CHRISTOPHER T. SANDERS acknowledges receipt
of the resignation of JOHN L, ATKINS, III as Trustee and appoints RUTHERFORD C.
BRYSON, III as Trustee of all trusts under such Trust Agreement.
This is the, day of , 201J�
CHRISTO R T. SANDERS
STATE OF NOR
TH CAROLINA
COUNTY OF I,S a Notary Public for said County and State, do hereby
certify that CHRISTOPHER TASANDERS personally appeared before me this day and
acknowledged the due execution of the foregoing instrument. p
WITNESS my hand and notarial seal, this the rday of 20 r
(SE COLE PHELPS SIGNED
Notary Pubic Notary Public
Waite CO. North Carolina
My Commission Expires .April 20, 2022
My
oZMC;�
Expires:
(M!
RUTHERFORD C. BRYSON, III acknowledges receipt of this Resignation and
Appointment of Successor Trustee and agrees to serve as Trustee of such trust agreement.
AL)
fUT#OLqBRY;'
I
STATE OF NORTH CAROLINA
COUNTY OF C C k_� 3uZC�,
1, 0, n & ,, i l.L L jZ �, a Notary Public for said County and State, do hereby
r„,Wf,"iby that RUTHERFORD C. BRYSON, ID personally appeared before me this day and
NN&I dged the due execution of the foregoing instrument.
ta�Tq�4 ANESS my hand and notarial seal, this the 1 flay of �t E .2019
r3„ ,o (SEAL) ' SIGNED _ �� r1 Q� ' lLC K--�
Ug L lG IVf Notary Public
BURG CdJM`•
�ommission Expires:
It
IRREVOCABLE TRUST AGREEMENT BETWEEN
ELIZABETH ANN SANDERS, GRANTOR, AND
JOHN L. ATKINS III, TRUSTEE
TABLE OF CONTENTS
t ` Page
ARTICLE I TRUST PROPERTY.......................................................................................I
ARTICLE II DISPOSITION OF TRUST PROPERTY........................................................1
Section One Separate Trust for Child.......................................................I
Section Two Trust for Beneficiary (Other than Child) Under Age
Twenty-One.........................................................................2
Section Three Special Termination of Trusts..............................................3
Section Four Considerations in Making Discretionary
Distributions.........................................................................3
Section Five Additions of Income to Principal.........................................4
Section Six Prohibition from Making Certain Distributions ...................4
ARTICLE III ADMINISTRATIVE PROVISIONS...............................................................4
Section One Administrative Powers of Trustee.......................................4
Section Two Restrictions on Powers.........................................................5
Section Three Successor Trustee.................................................................6
Section Four Other Provisions Regarding Trustee....................................7
Section Five Representation of Minor or Incompetent
Beneficiaries........................................................................7
ARTICLE IV MISCELLANEOUS PROVISIONS................................................................8
SectionOne Definitions............................................................................8
Section Two Governing Law and Place of Administration ......................9
ARTICLE V IRREVOCABILITY........................................................................................9
(i)
STATE OF NORTH CAROLINA
COUNTY OF DURHAM
IRREVOCABLE
TRUST AGREEMENT
THIS IRREVOCABLE TRUST AGREEMENT is entered into this ��ay of
20 1 I , by and between ELIZABETH ANN SANDERS of Durham,
orth Caroli , as Grantor, who is referred to in this trust instrument in the first person; and
JOHN L. ATKINS III of Durham, North Carolina, as Trustee, who is referred to in this
trust instrument as the Trustee.
ARTICLE I
TRUST PROPERTY
A. Original Trust Property. I have delivered or will deliver to the Trustee as the
original trust property the property described on the schedule attached to this trust instrument.
B. Additions to Trust Property. I or any other person may make additions to the
principal of any trust under this trust instrument by lifetime gift, will, designation of the Trustee
as beneficiary or otherwise.
ARTICLE II
DISPOSITION OF TRUST PROPERTY
The trust property shall be disposed of as provided in this Article.
Section One
Separate Trust for Child
The Trustee shall hold the original trust property and any additions in a separate trust, for
my child, CHRISTOPHER SANDERS, and dispose of the trust property of such separate trust as
follows:
A. Distribution During Child's Lifetime. During the lifetime of the child,
1. The Trustee may distribute all or any portion of the trust property to the
child in such amounts and at such times as the Trustee, in the Trustee's discretion, may
determine.
2. In addition, after the child reaches the age of fifty-five (55), the Trustee
shall distribute all or such portion of the trust property to the child and such other appointees and
in such manner and proportions, either outright or in trust, as the child may appoint from time to
time by instructions signed by the child and delivered to the Trustee after the right to appoint has
accrued. However, during such periods as the child is incapacitated the Trustee, in the Trustee's
discretion, may decline to follow any such instructions of the child.
B. Distribution Upon the Death of the Child. Upon the death of the child,
1. The Trustee shall distribute all or so much of the then remaining trust
property to such appointees, including the child's estate, and in such manner and proportions,
either outright or in trust, as the child may have appointed by the child's last will making specific
reference to this general testamentary power of appointment.
2. If any part of the then remaining trust property has not been effectively
appointed by the child in accordance with such child's general testamentary power of
appointment, the trust property not so appointed shall be distributed as follows:
a. To the child's then living issue, per stirpes, and if no issue of the
child is then Iiving,
b. To my then living issue, per stirpes, and if no issue of mine is then
Living,
C. To the person or persons who would have been entitled to receive
my personal property under the laws providing for the distribution of property in case of
intestacy had I died intestate at that time the owner of the trust property, unmarried and
domiciled in North Carolina.
Section Two
Trust for Beneficiary (Other than Child) Under Age
Twenty -One
If in accordance with the provisions of this trust instrument any trust property becomes
distributable outright to a beneficiary (other than a child of mine named above) who is less than
twenty-one (21) years of age, equitable title to such property shall be indefeasibly vested in such
beneficiary, but the Trustee is authorized, in the Trustee's discretion, to retain such property and
administer it in a separate trust for the benefit of such beneficiary as follows:
A. Distribution Until Beneficiary Reaches Age Twenty-one or Dies. Until the
beneficiary reaches the age of twenty-one (21) or sooner dies, the Trustee may distribute all or
any portion of the trust property to the beneficiary in such amounts and at such times as the
Trustee, in the Trustee's discretion, may determine.
B. Distribution When Beneficiary Reaches Age Twenty-one or Dies. When the
beneficiary reaches the age of twenty-one (21), the Trustee shall distribute the then remaining
trust property to the beneficiary. If the beneficiary dies before reaching such age, then upon the
death of the beneficiary, the Trustee shall distribute the then remaining trust property to the
estate of the beneficiary.
2
Section Three
Special Termination of Trusts
Notwithstanding any directions given the Trustee as to the distribution of trust property
under the terms of this trust instrument:
A. Termination of Small Trusts. If the distribution of the principal of any trust is in
the Trustee's discretion and is not limited to a standard and the principal is less than an amount
which the Trustee deems practical for the continuance of the trust, then
1. Notwithstanding the provisions of Section 36C4414 of the General
Statutes of North Carolina, the Trustee may, in the Trustee's discretion, without notice to the
qualified beneficiaries, terminate the trust by distributing all of the then remaining trust property
to the person who is the distributee or permissible distributee of the income of the trust.
2. I intend for the provisions in Section 36C-4-414 relating to the exculpation
of the Trustee and any beneficiary from liability resulting from termination of a trust to apply to
the termination of a trust pursuant to this Paragraph A.
B. Termination of Trusts Within Period of Rule Against Perpetuities. Any trust
under this trust instrument in which equitable title to the property is not indefeasibly vested in the
beneficiary shall terminate, if not sooner terminated, twenty-one (21) years after the date of the
death of the survivor of myself and all of my issue who are alive on the date of execution of this
trust instrument. Upon such termination the Trustee shall distribute the then remaining trust
property to the person who is a distributee or permissible distributee of the income of the trust.
Section Four
Considerations in Making Discretionary Distributions
In deciding whether to make distributions of the property of any trust which are within
the discretion of the Trustee and are not limited to a standard, the Trustee should consider the
following matters which are not intended to limit or direct the exercise of such discretion in any
way:
A. General Purposes for Distributions. The Trustee's discretion should be exercised
for such purposes as the Trustee shall deem reasonable and appropriate for the welfare,
enjoyment and education (including college and post -graduate) of the beneficiary.
B. Consideration of Other Financial Resources. The Trustee may take into
consideration other financial resources of the beneficiary but is not required to do so.
C. Children Primary Beneficiaries. Any child of mine for whom a separate trust is
established under this trust instrument should be deemed the primary beneficiary of such trust,
and his or her welfare, enjoyment and education should be regarded as paramount to the
conservation of the trust for the benefit of succeeding beneficiaries or remaindermen.
3
Section Five
Additions of Income to Principal
The Trustee, in the Trustee's discretion, may add any income not required to be
distributed to the principal of the trust from time to time.
Section Six
Prohibition from Making Certain Distributions
Notwithstanding any other provisions in this instrument,
A. No Distributions in Discharge of Legal Obligations of Grantor. No distribution of
trust property shall be applied to discharge any legal obligation of mine, or my spouse, or the
Trustee, including the duty to support a beneficiary whom I am, or my spouse is, or the Trustee
is legally obligated to support.
B. Prohibition of Trustee from Making Certain Discretionary Distributions.
As provided in Section 36C-8-814(b) of the General Statutes of North
Carolina,
a. If the trust confers upon the Trustee the power to make
discretionary distributions to or for the Trustee's personal benefit, the Trustee may exercise the
power only in accordance with an ascertainable standard as defined in Section 36C-1-103(2) of
the General Statutes of North Carolina.
b. The Trustee may not exercise the power to make discretionary
distributions to the Trustee or to satisfy a legal obligation of support that the Trustee personally
owes another beneficiary of the trust. No distributions shall be made which discharge such
Trustee's individual legal obligations.
2. If the trust confers on the Trustee the power to make discretionary
distributions to any other beneficiary of the trust which, except for this Paragraph B, if exercised
would constitute a gift by the Trustee for federal gift tax purposes, the Trustee may exercise the
power only in accordance with an ascertainable standard as defined in Section 36C-1-103(2).
ARTICLE III
ADMINISTRATIVE PROVISIONS
The following administrative provisions shall apply to any separate trust under this trust
instrument unless provided otherwise:
Section One
Administrative Powers of Trustee
It is my intention that the Trustee shall have all the powers and authority conferred upon
the Trustee by the North Carolina Uniform Trust Code, Chapter 36C of the General Statutes of
North Carolina as well as any other powers conferred by law or elsewhere in this trust
4
instrument, including, without limitation, the authority to invest trust property subject to the
prudent investor rule. To the extent that they may not be conferred by law, I grant to the Trustee
the following discretionary powers which may be exercised without court order for any purpose
that the Trustee deems advisable:
A. Retention and Acquisition of Bank Securities. The power to (i) retain for any
period or periods of time securities forming part of the trust which are securities of any corporate
Trustee acting under this trust instrument or any corporation owning stock of the corporate
Trustee or of any subsidiary or affiliate of or successor to such corporation, and (ii) acquire such
securities by purchase, exchange or otherwise.
B. Credit to or Charges Against Income and Principal. The power to (i) determine
the manner in which any items should be credited or charged to or between income and
principal, and (ii) charge or not charge against income a reasonable allowance for depreciation of
property, even if the exercise of such powers produces a result different from a result required or
permitted by the Uniform Principal and Income Act, Chapter 37A of the General Statutes of
North Carolina, except that a Trustee shall have the power to allocate receipts and expenses
between income and principal in his or her favor only if there is no other Trustee who may make
such allocation, and, in that event, such power to allocate must be exercised as provided by law.
Section Two
Restrictions on Powers
Notwithstanding any other provisions of this trust instrument:
A. No Power to Deal for Less Than Adequate Consideration. No powers of the
Trustee conferred upon the Trustee in this trust instrument shall be construed to enable me, the
Trustee or any other person to purchase, exchange, or otherwise deal with or dispose of all or any
part of the trust property for less than an adequate consideration in money or money's worth.
B. No Power of Grantor or Grantor's Spouse to Borrow. Neither I nor my spouse
shall be entitled to borrow from the trusts, directly or indirectly.
C. Specific Powers of Administration Exercisable Only in a Fiduciar Ca acit . No
person other than the Trustee shall have or exercise the power to vote or direct the voting of any
shares or other securities of the trusts, to control the investment of the trusts either by directing
investments or reinvestments or by vetoing proposed investments or reinvestments, or to
reacquire or exchange any property of the trusts by substituting other property of an equivalent
value.
D. No Payment of Premiums of Life Insurance Policy. No part of the trust property
shall be used or applied to the payment of any premium on any policy of life insurance.
E. _Restrictions Apply to Any Donor. If at any time or times any person other than
myself makes any additional gift in trust under this trust instrument, the restrictions relating to
me in this Section and otherwise in this trust shall apply to such person and such person's
spouse.
Section Three
Successor Trustee
The procedure for the resignation of the then acting Trustee of any separate trust without
court order and for the appointment of a successor Trustee without court order shall be as
follows:
A. Resignation of Trustee. The Trustee shall have the right to resign at any time by
giving written notice to the successor Trustee designated below or, if none, to the person or
persons designated below who are authorized to appoint a successor Trustee. Such resignation
shall become effective upon acceptance of the trusteeship by a successor Trustee.
B. Appointment of Successor Trustee. The following provisions govern the
appointment of a successor Trustee to act if the Trustee gives notice of resignation, becomes
incapacitated, dies or otherwise ceases to act as Trustee (the "retiring Trustee"):
1. The following persons in the order named shall have the right to appoint a
successor Trustee:
a. The beneficiary who is a distributee or permissible distributee of
the income.
b. If there is no person qualified to appoint a successor Trustee
pursuant to the foregoing provisions, the retiring Trustee.
2. Any successor Trustee appointed pursuant to the foregoing provisions
must be an association or corporation qualified to exercise trust powers or an individual other
than myself or my spouse or my issue. In addition, any such successor Trustee may not be
(i) myself, my spouse, my issue, the beneficiary of the trust who is a distributee or permissible
distributee of the income or any person legally obligated to support such beneficiary, (ii) any
person whose presence as Trustee would cause the income to be taxed to me or my spouse under
the provisions of the Code, if the presence of someone else as Trustee would avoid such result or
(iii) any person "related" or "subordinate" to me or my spouse within the meaning of Section
672(c) of the Code.
3. The appointment of any successor Trustee shall be effected by an
instrument which has been signed by the person or persons having the right of such appointment
and by the successor Trustee in acceptance of the appointment and which has been delivered to
the then acting Trustee, if any. This method of acceptance by the successor Trustee shall be
exclusive to any other method otherwise allowed by law.
C. Powers and Liability of Successor Trustee. Any successor Trustee may exercise
all the powers and authority conferred upon the original Trustee, including the right to resign. A
successor Trustee shall have no duty to inquire into the acts or omissions of any predecessor
Trustee or examine such Trustee's accounts in the absence of actual knowledge or information
concerning a possible breach of trust that would cause a reasonable person to conduct such an
inquiry or examination. A successor Trustee shall not be personally liable to the beneficiary of
the trust or to any other party for any acts or omissions of any predecessor Trustee.
Section Four
Other Provisions Regarding Trustee
In addition to the foregoing provisions regarding the Trustee, the following shall apply:
A. Trustee Compensation. A corporate Trustee may receive compensation for its
services in accordance with its regularly adopted schedule of compensation in effect at the time
the services under this trust instrument are performed. An individual Trustee may receive that
compensation for such Trustee's services which is provided by law at the time the services under
this trust instrument are performed.
B. Waiver of Bond and Court Supervision. The Trustee shall not be required to give
bond or other security notwithstanding the authority of the court to require a bond. Any Trustee
may act without qualifying before any court or filing with any court any inventory, accounting or
other report relating to the administration of the trust unless otherwise required by law to do so.
C. Information to Beneficiaries. The following provisions relate to the duty of the
Trustee to provide information to the beneficiaries of the trust:
1. The Trustee shall furnish upon request a report, at least annually and at
termination of the trust, of receipts and disbursements of trust property to the beneficiary who is
a distributee or a permissible distributee of the income of the trust.
2. Except as provided above, I hereby waive all duties to provide information
to, or permit inspection by, qualified beneficiaries otherwise imposed upon the Trustee by
Section 36C-8-813 of the General Statutes of North Carolina.
Section Five
Representation of Minor or Incompetent Beneficiaries
The following provisions relate to representation of minor or incompetent beneficiaries:
A. Appointment of Representative. For the purposes described in Paragraph B
below, a minor or incompetent beneficiary may be represented by a person (other than me or my
spouse) who is (i) the general guardian or guardian or conservator of the beneficiary's estate or,
if none, (ii) the agent of the beneficiary under a durable power of attorney who has authority to
act and bind the beneficiary with respect to the matters described in Paragraph B or, if none,
(iii) the parent of the beneficiary who is an issue of mine or, if no such parent is living and
competent, (iv) the parent of the beneficiary who is not an issue of mine or, if no such parent is
living and competent, (v) the guardian of the person of the beneficiary.
B. Authority of the Representative. The representative shall have authority with
respect to the following matters:
1. The representative may request and receive the information report
required to be given to the minor or incompetent beneficiary upon request pursuant to the
Section of this trust instrument entitled "Other Provisions Regarding Trustee."
7
2. The representative shall be entitled to receive notice of a Trustee's
resignation required to be given to the minor or incompetent beneficiary pursuant to the Section
of this trust instrument entitled "Successor Trustee" and may appoint a successor Trustee
pursuant to that Section unless another person or entity is designated in that Section to make the
appointment if the beneficiary is not competent.
ARTICLE IV
MISCELLANEOUS PROVISIONS
The following miscellaneous provisions shall apply:
Section One
Definitions
For purposes of this trust instrument,
A. "Child". "Children" and "Issue". The terms "child" and `children" mean lawful
lineal blood descendants in the first degree of the parent designated, and the term "issue" means
lawful lineal blood descendants in any degree of the ancestor designated, but such terms shall
include any person legally adopted prior to the time that person reaches the age of eighteen (18)
and the lawful lineal descendants of any such person, whether of the blood or by adoption prior
to such age.
B. "Per Stirpes". Whenever a distribution is to be made to, or a division into shares
is to be made for, a designated ancestor's issue who are living at a designated time, and such
distribution or division is to be made "per stirpes," such distribution or division shall be made by
first determining the generation nearest to such ancestor which has a person who represents that
generation and who is living at the designated time. The property to be distributed or divided
shall be divided into as many equal shares as may be necessary to allocate one share to each then
living person of that generation and one share to each deceased person of that generation who
left issue who are then living. Each living person of that generation who has not effectively
disclaimed his or her share for federal tax purposes shall receive one share, and the share of each
deceased person of that generation and of each living person of that generation who has
effectively disclaimed his or her share shall be divided among his or her then living issue in the
same manner.
C. "Incapacitated" or "Not Co tent". An individual shall be deemed
"incapacitated" or "not competent" under any one or more of the following circumstances:
(i) during any period that the individual is legally incompetent as determined by a court of
competent jurisdiction; (ii) during any period beginning when two physicians licensed to practice
medicine certify in writing that, in their opinion, the individual, as a result of illness, age or other
cause, no longer has the capacity to act prudently or effectively in financial affairs and
continuing until two such physicians (whether or not those making the initial determination)
certify in writing that, in their opinion, the individual's capacity is restored; or (iii) during any
period that a person (other than such individual) or an institution who is a Trustee, or, if none,
who is designated as a successor Trustee, or, if none, who can appoint a successor Trustee, has
evidence that the individual is absent without explanation or is being detained against his or her
will under circumstances in which he or she does not have the capacity to act prudently or
effectively in financial affairs.
D. "The Code". References to "the Code" mean the Internal Revenue Code of 1986,
as amended from time to time.
E. "Trust Property". Unless the context indicates otherwise, references to "trust
property" mean the net undistributed income and principal of the trust.
Section Two
Governing Law and Place of Administration
A. Governing Law. Questions relating to the meaning and effect of the terms of this
instrument and the validity of any trust established under this trust instrument shall be
determined by the law of the State of North Carolina.
B. Place of Administration. The principal place of administration of any trust
established under this trust instrument shall be the State of North Carolina. The Trustee without
notice to or the consent of the qualified beneficiaries may transfer the principal place of
administration to another State in which (i) the Trustee or a successor Trustee resides or has a
principal place of business, or (ii) the majority of the beneficiaries who are distributees or
permissible distributees of the trust income reside. Notwithstanding the foregoing, the laws of
the State of North Carolina shall continue to govern the meaning and effect of the trust
instrument and the validity of any trust established under this trust instrument.
ARTICLE V
IRREVOCABILITY
This trust shall be irrevocable, and I hereby acknowledge that I shall have no right or
power, whether alone or in conjunction with others, in whatever capacity, (i) to amend or revoke
the trust or any of the terms of this instrument, in whole or in part, or (ii) to designate the persons
who shall possess or enjoy the trust property.
The Trustee and I have signed and sealed this instrument on the a7Aay of
GRANTOR:
,, _�A� , (SEAL)
Eli6&Beth Ann Sanders
TRUSTEE:
Al�tG (SEAL)
John . Atkins III
9
STATE OF NORTH CAROLINA
COUNTY OF �Jj�
I certify that the following person(s) personally appeared before me this day, each
acknowledging to me that he or she signed the foregoing document:
Date: / la D ///
^--_�
`..nM-A K
, iji�"S
N,`)T�Ry fit Jn, !l,
SKr_
10 '
(Official Seal)
STATE OF NORTH CAROLINA
COUNTY OF
Notary's Printed or Typed Name
My Commission Expires: L20ZL
I certify that the following person(s) personally appeared before me this day, each
acknowledging to me that he or she signed the foregoing document:
Date: 11 I�3 1 I
slant-%1;.. r,`•r(::___..r.i
,fir^ J
I! ivly Commis ion FxOm—
(Official Seal)
Notary's Printed or Typed Name
My Commission Expires:
10
Schedule to
Irrevocable Trust Agreement
By and Between
Elizabeth Ann Sanders, as Grantor
and
John L. Atkins III, as Trustee
133,333 common shares of Reata Pharmaceuticals, Inc.
11
Date R-1-d
Date ed
CMck Fran —
None 07 Pomtt Holds
Wnd-
Check Number
Check
/mount
Pomlt NumbwlCommorts
R-Ra/undlR.Mi ..W
Columnt
CotumnT
Column]
Column)
Cabmd
CohmnnS
7
CWumnO
Cokmmt
128 20
1262020
1282020
12812@0
_ -
_
I W" CWm Rb da gRchardaal C tncbon
IRgpastane Ctruction, LLC _
�Lanw FaMy LLC DBA Lmmes CwMoxd
T Bandon
oa 8 Alics Bouaka
Cfrw Majewsb
Low FwAy Pa hp, Ltd.
Sanders Irtewcabb Teat
BSaT
HanMTMtBrYc
7w
s BOD.00
GP /7a8B80 _ _
GP /14858D
BB rct 8810
1387
s EID.00
JD rt. 10825
Smgh Shb Bank -
1071
400.00
GP 97 8760
JD IcL 109/5
BBbT
7800
200A0
GP /]I]6BD _.... - -_. -
TM. rt 5752
(Christopher
AMW ks n
__ _—. - _ _. —
/74358