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i 4 appropriate and the division is consistent with the Senior's intent, and fheilnales the trust s administration without defeating or impairing the interests of the beneficiaries:to divide property in any trust being held hereunder with an inclusion ration. as defined in Section 26420)(1) of the Internal Revenue Code or 198€. as from time to time amended or under similar 1`ut1rI'i'. legislation. of 17117C'r one nor zt'rf? into separate trusts representing two fractional share so the property being divided. one to have an inclusion ration of one t ' and the other to have an inclusion ratio of,,,:re . as tl',a t ru:it:te to its sole discretion deems best: if the Trustee acts as personal repressntati':c ofSeniot's estate to elect to allocate any portion or all of the Senior's available eeto ration skipping transfer tax exemption provided for in Code Section 2631 or under similar future legislation, in effect that the time of the Senior's death, to any portion or all of any trusts or bequests in this trust aereement or in the Sailor's Will or any other transfer of which the Settlor is the transferor ibr purposes of the generation skipping tax. The Suitor anticipates that the Senior's personal representative will make the special election under Section 2652()(3) of the Code if applicable)to the extent the Senior's personal representative deemsin the best interest of the estate. i 10.1 i. Waiver of 11awail Prudent investor Statute.. It is the Settlors intention to give the Trustee the broadest possible discretion in exercising the powers of Trustee herein. 'I he Senior accordingly waives and eliminates the application of the I lawail Uniform Prudent Investor Act or any successor statute. • Ciener;tl. And generally to exet'cise the saute control over and rlahts with resect to the frust elate as could he exercised personally by tin absolute owner IOC trust property. o _ ,;:r,is i'r.sza 0h,3su?b 0.T 1 3