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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