Love: How Is It?

Amrita Sarkar English 1B 19th September 2012 Love: How Is It? Life has lots of emotions: happiness, sorrow, guilt, frustration, love, and so on. Love is the one emotion which brings in huge changes in our lives and a different kind of emotion begins with it. How can we describe it? Describing love is very hard because in every phase of life, characterization of love can be varied. In childhood, through romantic films and stories, we started to get feeling that love is passionate and when people will be going through it, life would be full of happiness.In adulthood, people’s perception about love might change. Those who are fantasizing about love realized that it is not only about physical attraction but also about relationship, responsibilities and companionship. When ages grow, some people become optimistic about love, some become pessimistic and some of them are on a way to rediscover love. Definition of love can be changed not only with one’s maturity level but also with his/her cultural values.In Raymond Carver story – ‘What We Talk About When We Talk About Love’ – the main protagonists Mel and Terri, and Jhumpa Lahiri’s creation – ‘Going Ashore’ – soon to be married couple, Hema and Navin, had enough knowledge about love but they could not still fully realize it. So, they are on their ways to discover the essence of love. Mel-Terrie and Hema-Navin, all four are mature persons. Individually they all previously experienced love. In ‘What We Talk About When We Talk About Love’, Carver described that Mel and Terri had unsuccessful marriages in the past. Terri’s marriage with Ed was abusive.But Terri claimed that Ed was possessive but loving husband. As a proof, she said about Ed, â€Å"He beat me up one night. He dragged me around the living room by my ankle†. Even with this aggressive behavior toward her, Ed â€Å"†¦ kept saying ‘I love you, I lov e you, you bitch’† (Carver 722). On the other hand, Mel and Marjorie also had a bad marriage. After they ended their relationship, there was no feeling left other than hatred toward each other. Mel expressed his feeling by saying, â€Å"There was a time when I thought I loved my first wife more than life itself. But now I hate her guts†¦Ã¢â‚¬  (Carver 725).In ‘Going Ashore’, Navin also went through short-term relationship in the past. But his fiance, Hema, was in a strong, long-lasting relationship with Jullian. Hema was dedicated to the relationship for a decade, but Jullian failed to give her a secure life. Hema’s insecurity about her position in Jullian’s life and her urge for stability were the reasons to end their relationship. She declared to Jullian, â€Å"I’m engaged to be married† (Lahiri 626). After rocky relationship in the past, now everybody is in a new phase of life, but it seems two couples could not connect with each other.Hema and Navin, like many other Indian couples, were going to get married on their parents’ will. Hema was brought-up in western culture. She could not make her mind to marry Navin by such an old approach. She was self-conflicted and her conflict was evident in this quotation, â€Å"she refused to think of it as an arranged marriage, but knew in her heart that that was what it was† (Lahiri 625). She did not bother to wear engagement ring. When people asked her about it she promptly answered, â€Å"I don’t have one. † (Lahiri 634).Hema and Navin’s marriage looked as if they were with each other just for search of stability and companionship in life. Heme was unsure about their marriage even when Navin was planning for their honeymoon and future. Taking decisions about future are required involvement of both partners. They two were so unknown to each other that they could not read each other’s mind. Carver, on the other hand, described Mel as a cardiologist by occupation but he was clueless and emotionless about love. Mel and Terri were married for five years, but they had not been discovered essence of love and companionship.Mel thought that â€Å"real love was nothing less than spiritual love† (Carver 722). He also considered that if â€Å"something happened† to his partner, then â€Å"the other person, would grieve for a while, you know, but then the surviving party would go out and love again,  have someone else soon enough† (Carver 725). In contrast, Terri was fantasizing about her past and wanted to convince other that her ex-marriage was also blissful and passionate. She portrayed Ed’s aggression as love and said to others that, â€Å"†¦ he loved me† but â€Å"In his own way maybe†¦Ã¢â‚¬  (Carver 722).It seems very strange when two people were in bonding like marriage but they talked about their ex, how much they loved them, scope of future new rela tionship, and their failure to understand one another. These incidents indicated that how much they were detached to each other. Bonding between them was very fragile. In most relationships across the globe, one element is very common – male dominance. The stories about these two couples were also not different. Both characters, Mel and Navin, were highly educated. They were financially stronger than their spouses and were controlling their relationships.In a party at their place with friends, when Mel said to Terri to â€Å"Just shut up for once in your life†, it expressed his supremacy in their marriage. Mel verbally abused Terri in front of guests, but she did not protest. In the ‘Going Ashore’, Navin was also controlling in taking mutual decisions. He was contemplating for a baby all by himself and cancelled their honeymoon plan at Goa. During those plans, he did not care to know about Hema’s wishes. From portrayal of characters and incidents, w e got an idea that in Mel-Terri’s relationship, Terri was more dependent on her spouse.She was still abused verbally by Mel. But Hema, a PhD scholar and a lecturer at Wellesley College, was more independent. She had total control over her life. Her decade-long relationship with Jullian makes her stronger. At the age thirty seven, when biological clock was ticking away, her parents wanted to see her get settled and she also wished for it. Hema belonged to Indian society where arrange marriage is very common. So, she agreed to go for her marriage by her parents’ choice. From Carver’s description, we did not get any indication about Terri’s education background and job status.Mel’s attitude toward her showed that her character was weaker than Hema. Jhumpa Lahiri’s â€Å"Going Ashore† portrayed its characters whose origin was in India but they were immigrants to America and adopted western culture. In India, people have different values t han we find in America. Indian culture believes that person should sacrifice for relation. People in India are motivated to reform themselves to strengthen relationship and to respect it lifelong. Hema and Navin were getting married by knowing each other only for few months. In between her wedding with Navin, Hema was attracted to Kausik at Rome.Their bonding was great but they did not commit to each other because of family values. Family was very important to Hema – that was why she asked her parents to find a suitable groom for her. Thus, Hema’s parents found Navin for her and she also believed that Navin was probably a suitable guy for her too. In Indian culture, marriage is an institute which also creates bonding between two families. Hema and Navin were taking risk to know each other and to spend their lives together by getting married for the sake of their families.In contrast, Mel-Terri was started dating when Terri’s was still married to Ed. And Mel ende d his marriage with Marjorie, despite the fact that they had two children. Their family bonding was very feeble. Mel had not even understood value of selfless love and stable relationship. When two people were deeply in love with each other, he thought this emotion was hilarious and phony. Through the representation of ‘What We Talk About When We Talk About Love’, we feel pessimistic about love but ‘Going Ashore’ is hopeful about new beginning.Jhumpa Lahiri and Raymond Carver also give us different views of love that changes with cultural background. In American culture, people give emphasis to their sentiments rather than family values. Lahiri shows us different angle of relationship. But both stories show us that dominance toward women is present in every part of globe and in every form of relationship. After reading these stories, we get different views of love, from which I realized that we should respect our partner and care for their thoughts.We, also , should give them equal space for healthy and better future relationship. Both the stories, ‘What We Talk About When We Talk About Love’ and ‘Going Ashore’, show us new direction and help us to review our bonding with near and dear ones. Works Cited Carver, Raymond. â€Å"What We Talk About When We Talk About Love. † Making Literature Matter. 5th ed. Boston: Bedford/St. Martin's, 2012. 721-30. Print. Lahiri, Jumpa. â€Å"Going Ashore. † Making Literature Matter. 5th ed. Boston: Bedford/St. Martin's, 2012. 622-46. Print.

Living Trust

trust agreement THIS TRUST AGREEMENT, MADE THIS _____ DAY OF _____________, 20XX, BETWEEN ____________________________, PRESENTLY RESIDING AT _________ ________________ ________________________ (SETTLOR), _____________ ___________________, PRESENTLY RESIDING AT __________________________________ ______ (TRUSTEE), AND ________________ __________, PRESENTLY RESIDING AT ________ ___________________________ (SUCCESSOR TRUSTEE).THE TRUST CREATED BY THIS AGREEMENT SHALL BE KNOWN AS THE ______________________ TRUST. W I T N E S S E T H: WHEREAS, THE SETTLOR DESIRES TO CREATE AND ESTABLISH A REVOCABLE INTER VIVOS TRUST OF THE PROPERTY DESCRIBED IN SCHEDULE A ATTACHED HERETO AND MADE A PART HEREOF, WHICH PROPERTY, TOGETHER WITH THE INVESTMENTS, REINVESTMENTS, ACCUMULATED INCOME AND PROCEEDS THEREOF, AND ADDITIONS THERETO, SHALL HEREINAFTER CONSTITUTE THE PROPERTY OF THIS TRUST (THE TRUST FUND); ANDWHEREAS, the Trustee has agreed to hold, manage, invest, and reinvest the Trust Fund to collect the income therefrom and after paying all expenses properly attributable thereto, to distribute the Trust Fund in accordance with the terms and conditions herein. NOW, THEREFORE, in consideration of the premises and mutual covenants and agreements contained herein, Settlor has assigned and delivered, and the Trustee acknowledges receipt of the Trust Fund, in Trust, nevertheless, for the following purposes and under the following terms and conditions: ARTICLE I [Description] A)The Trust Fund shall be maintained by the Trustee in one (1) trust for the exclusive benefit of Settlor. Settlor reserves the right to add additional beneficiaries hereunder and Trustee agrees to undertake the duties and responsibilities of Trustee in accepting, holding, managing, and disbursing the principal and interest of the Trust Fund in accordance with the terms and conditions of this Trust Agreement. (B)Trustee may receive any other real or personal property from Settlor or from any other person or perso ns, by lifetime gift, under a will or trust or from any other source.Such property shall be indicated by adding same to Schedule A which shall be held by Trustee subject to the terms of this Trust Agreement. Trustee agrees, if he accepts such additions, to hold and manage such additions in trust for the uses and in the manner set forth herein. (C) Trustee shall receive any real or personal property derived as income produced by the Trust Fund. Such accumulated income shall be added to the Trust Fund and held by Trustee subject to the terms of this Trust Agreement. ARTICLE II [Description]The Trustee shall pay the entire net income arising from the Trust Fund in approximately equal monthly installments to or for Settlor during Settlor's entire lifetime, or as directed by Settlor from time to time, retain and reinvest designated portions thereof, provided, however, that if the net income from the principal of the said Trust Fund, together with such other income as may be available to Settlor and Settlor's spouse (Settlor's spouse) from other sources be insufficient for their comfortable support, welfare, and maintenance, then, and in such case, Trustee is authorized to pay to or use for the benefit of Settlor and Settlor's spouse during Settlor's lifetime so much of the principal of the said Trust Fund as, in Trustee's sole discretion, Trustee may deem necessary for such purposes, or to provide for an emergency of any sort, nature, or description; provided, however, subject to Article IV but notwithstanding anything else contained in this Trust Agreement to the contrary, Settlor may, at any time and from time to time during the existence of said Trust Fund, withdraw all or any part of the principal and accumulated income, if any, by filing with the Trustee a notice to that effect and filing subsequently with said Trustee a receipt for the funds so disbursed.If either or both Settlor and Settlor's spouse shall be determined, in accordance with Article III hereof, to be incapable of the care, custody, and management of the principal and income of the Trust Fund because of advanced age, impaired health, or mental or physical disability, then the Successor Trustee is specifically authorized and empowered, acting in his sole and absolute discretion, to retain all or such part of the income and principal as he deems best, and then to distribute all or part of the income and/or principal for the suitable support, welfare, and maintenance of Settlor and/or Settlor's spouse in such of the following ways as the Successor Trustee shall deem best: a)directly to such beneficiary; b)to such person as such beneficiary may nominate in writing; c)to the legally appointed guardian(s) or conservator(s) of such beneficiary; d)to some person(s) having the care of such beneficiary; or e)by the Successor Trustees using the amounts involved for or on behalf of such beneficiary for his suitable support, comfort, health, welfare, and maintenance. ARTICLE III [Descr iption]During such period that Settlor is the sole Trustee, and if in the judgment of the Successor Trustee, such step is deemed necessary, then the Successor Trustee may appoint three (3) doctors of medicine licensed to practice in the State of Settlor's then current residence, one of whom shall be Settlor's personal physician, if possible, to determine whether Settlor has become incapable of the care, custody, and management of the principal and income of the Trust Fund because of advanced age or impaired health or mental or physical disability. If the three (3) doctors unanimously determine in writing, as evidenced by signed Certificate(s) of Incapacity, that Settlor has become incapable as herein defined, of the care, custody, and management of the principal of the Trust Fund or any income from theTrust Fund, or upon the determination of a court of competent jurisdiction of the physical or mental incapacity of Settlor, then Settlor shall no longer be Trustee nor shall Settlor ha ve the right to become Trustee, and the Successor Trustee shall possess and be subject to those rights, duties, and obligations which they or it would assume if they or it had been nominated as initial Trustee under the terms of this Trust Agreement; provided, however, upon the revocation of the court order hereinabove referred to, or upon the revocation of two (2) of said Certificate(s) of Incapacity, either by any two (2) of the original certifying doctors or by any two (2) duly licensed doctors selected by the Successor Trustee, the rights and powers under this Trust Agreement shall become operative again and shall revert to Settlor. In addition to the above, Settlor is authorized, at any time and from time to time, voluntarily to relinquish his investment control by an acknowledged, written instrument to that effect, delivered to the Successor Trustee. Said instrument shall be known as a Certificate of Authorization. Such Certificate of Authorization shall specify a date after i ts delivery to the Successor Trustee, as the date on which investment control is to be relinquished.From and after such specified date, Settlor shall not possess investment control, unless and until he reassumes investment control by a subsequent acknowledged, written instrument to that effect, delivered to the Successor Trustee. Such subsequent instrument shall specify a later date after its delivery to the Successor Trustee, as the date on which investment control is to be reassumed. From and after such specified date, Settlor shall again possess investment control. ARTICLE IV [Description] During such period of time that Successor Trustee is in possession of an apparently proper and effective court order ruling Settlor to be physically or mentally incompetent to act on his behalf, or is in possession of the three (3) Certificate(s) of Incapacity, as provided in Article III, supra, at least two (2) of which are not revoked, any attempt by Settlor to xercise any reserved rights and powers under this Trust Agreement, including, but not by way of limitation, the right of modification, revocation, amendment, withdrawal of principal and/or income, or the sale of principal of the Trust Fund, shall be void and during such period of time this Trust Agreement shall be irrevocable and not amendable; provided that during such period of time that Settlor is incapacitated as hereinabove referred to Settlor shall have the power to appoint to any person(s), including his estate, any and all assets of the Trust Fund upon his death, but only by specific reference to said Power of Appointment in Settlor's Last Will and Testament, duly proved and allowed for probate.During such period of time that the Successor Trustee is in possession of a properly executed Certificate of Authorization signed by Settlor, Settlor shall retain all reserved rights and powers under this Trust Agreement with the exception of the investment control of the assets of the Trust Fund pursuant to the te rms of this Trust Agreement which shall be reserved to the Successor Trustee. ARTICLE V [Description] Upon Settlor's death, the Successor Trustee shall hold and dispose of the Trust Fund as follows: (A)If Settlor's spouse survives Settlor, the Successor Trustee shall hold, manage, and invest the Trust Fund, collect the income thereon, and pay to or apply for the benefit of Settlor's spouse the net income thereof, in quarterly or other convenient installments (but at least annually), for and during the term of Settlor's spouse's life.In addition, the Successor Trustee may pay to or apply for the benefit of Settlor's spouse so much or all of the principal of this trust as the Successor Trustee, in his sole and absolute discretion, deems necessary or desirable for the support, maintenance, health, welfare, and benefit of Settlor's spouse. Settlor's spouse, in Settlor's spouse's individual capacity, is hereby authorized by instrument in writing delivered to the Successor Trustee, to wit hdraw in the month of December of each calendar year any part of all of the principal of the trust to the extent of Five Thousand Dollars ($5,000) or five percent (5%) of the value of the principal of the trust on the last day of such year, whichever is the greater amount. This right shall be noncumulative.Upon the death of Settlor's spouse, the Successor Trustee shall distribute any undistributed net income of this trust, whether collected or accrued, to Settlor's spouse's Personal Representative and shall pay over and distribute the entire remaining principal to such of my issue, in such shares and proportions and either outright or in trust as Settlor's spouse, by specific reference in her will to said special power of appointment, hereby created, may designate and appoint, or, to the extent, if any, that Settlor's spouse may fail to effectively exercise this said special power of appointment, the remaining principal of this Trust established in this Article V, paragraph (A), sup ra, shall be distributed by my Successor Trustee as follows: (1)In the event that any portion of this Trust referred to in this Article V, paragraph (A), supra, is included in Settlor's spouse's estate, the Successor Trustee shall pay to the Personal Representative of Settlor's spouse's estate, out of the principal of the Trust, an amount equal to the estate, inheritance, transfer, succession, or other death taxes (death taxes), federal, state, or other, payable by reason of the inclusion of the value of the trust property in her estate.Such payment shall be equal to the amount by which (i) the total of such death taxes paid by Settlor's spouse's estate exceeds (ii) the total death taxes which would have been payable if the value of the trust property had not be included in Settlor's spouse's estate. The determination of the Settlor's spouse's Personal Representative of the amount payable hereunder shall be final. The Successor Trustee is directed to pay such amount promptly upon wr itten request of Settlor's spouse's Personal Representative. The final determination of the amount due hereunder shall be based upon the values as finally determined for federal estate tax purposes in Settlor's spouse's estate. After payment of the amount finally determined to be due hereunder, the Successor Trustee shall be discharged from any further liability with respect to such payment. Settlor's spouse may waive Settlor's spouse's state's right to payment under this paragraph by a will, executed after Settlor's death, in which Settlor's spouse specifically refers to the right to payment hereby given to Settlor's spouse's estate. (2)Any then remaining principal, after payment of the taxes as specified in this Article V, paragraph (A)(1), supra, shall be divided, administered, and managed as part of the trust established in Article VI, infra. Notwithstanding anything contained in this Article V, paragraph (A), if Settlor's spouse renounced Settlor's spouse's interest in any port ion of the property passing under this Article V, paragraph (A), such portion shall not pass under this Article V, paragraph (A), but shall pass under and be governed by the provisions of Article V, paragraph (B), infra.Notwithstanding anything contained in this Article V, paragraph (A), if a reduction of the property passing to the Successor Trustee under this Article V, paragraph (A), would not result in any increase in the federal estate tax upon Settlor's estate (after taking into account the unified credit and the credit for state death taxes, but only to the extent that the use of such credit does not increase state death taxes payable by Settlor's estate, and all other estate tax credits available to Settlor's estate and after assuming for this purpose only that all property passing under this paragraph will be qualified for the federal estate tax marital deduction), said property shall be reduced by the largest amount which will result in no such increase, and such amount sh all not pass under this Article V, paragraph (A), but shall pass under and be governed by the provisions of Article V, paragraph (C), infra.In determining the amount of any such reduction, the final determination of the federal estate tax proceeding relating to Settlor's estate shall control, and there shall be taken into account all property passing (or which shall have passed) to or for the benefit of Settlor's spouse (under Settlor's will, this Trust, or otherwise); however, there shall not be taken into account any renunciation by Settlor's spouse or any interest in any portion of Settlor's residuary estate which, but for such renunciation, would have passed under the provisions of this Article V, paragraph (A), and such determination shall be made on the assumption that there was no such renunciation. Such reduction shall be deemed a dollar amount reduction, and the property passing as a result thereof to the trust created under Article V, paragraph (C), infra, shall not partic ipate in increases or decreases during the administration of Settlor's estate.To the extent possible, assets with respect to which the marital deduction is not allowable for purposes of federal estate tax on Settlor's estate, or with respect to which a credit for foreign death taxes is allowable for such purposes, shall be allocated to the property passing to the trust created under Article VI, infra. It is Settlor's intention that this Trust qualify for the marital deduction allowable in determining the federal estate tax upon Settlor's estate. Accordingly, Settlor hereby authorizes the Settlor's Personal Representative to elect that any amount passing under this Article V, paragraph (A), be treated as qualified terminable interest property for the purposes of qualifying for said marital deduction.If Settlor's spouse is not living at the time of Settlor's death, the foregoing provisions of this Article V, paragraph (A), shall be of no effect and the property otherwise segregated fo r and allocated to the trust created in this Article V, paragraph (A), shall rather be held, administered, and disposed of under and in accordance with the provisions of the trust established in Article VI, infra. In the event that Settlor or Settlor's spouse shall die under circumstances that the order of death cannot be established by adequate proof, it shall be conclusively presumed that Settlor's spouse [survived] [predeceased] Settlor, and this Trust Agreement shall be administered as though Settlor's spouse [survived] [predeceased] Settlor, and its terms shall be so interpreted and construed. Such presumption shall be conclusive and binding upon all parties having an interest under this Trust Agreement. B)If Settlor's spouse survives Settlor and renounces her interest in any amount or any portion which would otherwise have passed under the provisions of Article V, paragraph (A), supra, or renounces any portion of Settlor's estate passing to Settlor's spouse pursuant to Settlor 's Last Will and Testament, such renounce amount or portion shall be held, managed, and invested by the Successor Trustee, IN TRUST, NEVERTHELESS, upon the terms and conditions and for the uses and purposes hereinafter set forth. The Successor Trustee shall collect the income therefrom and, after deducting all charges and expenses properly attributable thereto, shall, at least as often as quarter annually, pay or apply all of such net income to or for the use and benefit of Settlor's spouse.If the principal of the Trust established under the provisions of Article V, paragraph (A), supra, is exhausted for any reason, then, from and after such exhaustion, the Successor Trustee may pay to or apply for the benefit of Settlor's spouse, so much or all of the principal as the Successor Trustee, in his sole and absolute discretion, deems necessary or desirable for the support, health, welfare, and benefit of Settlor's spouse. With regard to any property passing under this Article V, paragra ph (B), Settlor directs Settlor's Personal Representative not to elect to have the same treated as qualified terminable interest property for the purposes of qualifying for the marital deduction allowable in determining the federal estate tax on Settlor's estate. Upon the death of Settlor's spouse any then remaining principal of the trust referred to in this Article V, paragraph (B), shall be held, administered, and distributed as part of the trust established in Article VI, infra. C)If Settlor's spouse survives Settlor, and if any amount is directed to be disposed of under and governed by the provisions of this Article V, paragraph (C), said amount shall be held, managed, and administered by the Successor Trustee, IN TRUST, NEVERTHELESS. The Successor Trustee shall collect the income thereon and pay to or apply for the benefit of Settlor's spouse so much or all of the net income thereof as Successor Trustee, in his sole and absolute discretion, deems necessary or desirable for Sett lor's spouse's support, health, welfare, and benefit. Any balance of net income not so paid or applied shall be added to principal annually.If the principal of the trusts established under the provisions of Article V, paragraphs (A) and (B), supra, is exhausted for any reason whatsoever, then, from and after such exhaustion, the Successor Trustee may pay to or apply for the benefit of Settlor's spouse so much or all of the principal of this trust as the Successor Trustee, in his sole and absolute discretion, deems necessary or desirable for the support, health, welfare, and benefit of Settlor's spouse. Settlor's spouse is hereby authorized, in Settlor's spouse's individual capacity, by instrument in writing delivered to the Successor Trustee, to withdraw in the month of December of each calendar year any part of all of the principal of the trust to the extent of Five Thousand Dollars ($5,000) or five percent (5%) of the value of the principal of the trust on the last day of such yea r (which principal shall not be deemed to include undistributed income of the current year), whichever is the greater amount. This right shall be noncumulative.Settlor's spouse is hereby authorized, in Settlor's spouse's individual capacity, by instrument in writing delivered to the Successor Trustee during Settlor's spouse's lifetime, to direct the Successor Trustee to pay over and distribute, at any time or from time to time during her lifetime, so much or all of the principal of this trust to such of Settlor's then living issue, in such shares and proportions and either outright or in trust, as Settlor's spouse, in Settlor's spouse's sole and absolute discretion, may designate and appoint, provided that, no such appointment shall be effective to the extent it relieves Settlor's spouse of any obligations she may have to support any of the Settlor's then living issue. If, in Successor Trustee's sole and absolute discretion, the financial security of Settlor's spouse would not be je opardized, the Successor Trustee may, at any time or from time to time, pay to or apply for the benefit of any one or more of Settlor's then living issue so much or all or any accumulated income and so much or all of the principal of this trust as the Successor Trustee, in his sole and absolute discretion, deems necessary or desirable for the support, health, education, welfare, and benefit of such then living issue or any of them.Upon the death of Settlor's spouse, the Successor Trustee shall pay over and distribute the principal of this trust as then constituted, together with any undistributed net income, whether collected or accrued, to such of Settlor's then living issue, in such shares and proportions and either outright or in trust, as Settlor's spouse, by express reference to this provision in her will, may designate and appoint, or, to the extent, if any, that Settlor's spouse shall fail to effectively exercise this power of appointment, the remaining principal of this Trus t established in this Article V, paragraph (C), shall be held, administered, and distributed as part of the trust established in Article VI, infra. ARTICLE VI [Description]Upon the death of the Settlor's spouse after Settlor's death or if Settlor's spouse does not survive the Settlor then upon the death of the Settlor, the Successor Trustee shall divide the Trust Fund, as then constituted, into separate trusts, equal in value, one for each then living child of Settlor and one for the issue, collectively, of each child of Settlor who predeceases Settlor or Settlor's spouse leaving issue who survive Settlor. The share or portion of a share allocated to each beneficiary shall constitute and be administered as a separate trust. Separate books and records shall be kept for each trust, but it shall not be necessary that physical division of the assets be made to each trust. These trusts shall be administered as follows: (A)Each share so provided for a then living child of the Settlor who has not then attained the age of __________________ (___) years shall be paid over and distributed to such child, outright and free of trust. (B)Each share so provided for a then living child of Settlor who has not hen attained the age of __________________ (___) years shall be held, managed, invested, and reinvested by the Successor Trustee, who shall collect the income therefrom and, after deducting all charges and expenses properly attributable thereto, shall, at any time and from time to time, pay or apply to or for the support, health, education (including college and professional education), and maintenance of the child for whom such share has been placed in trust so much (even to the extent of the whole) of the net income of such share and/or principal of such share as the Successor Trustee, in his sole and absolute discretion, shall deem advisable for such purposes. The Successor Trustee need not consider such child's other sources of income when determining whether to invad e the principal of such share. The Successor Trustee shall accumulate and add to the principal of such share any balance of such net income not so paid or applied. From such time as such child attains the age of __________________ (___) years until such time as such child's share is terminated, the Successor Trustee shall pay over and distribute to such child, outright and free of trust, all income of such child's share, at least as frequently as quarter annually.At such time as such child attains the age of __________________ (___) years, the Successor Trustee shall pay over and distribute to such child outright and free of trust, all then remaining principal and undistributed income, if any, of said share. Upon the death of such child, said child's share, if not previously distributed in full pursuant to the foregoing provisions hereof, shall then be distributed as follows: The Successor Trustee shall pay over and distribute all then remaining principal and undistributed income, i f any, of said share, outright and free of trust, to the then living issue of such child, subject to the provisions of Article VII, paragraph (A), infra, per stirpes; or, if none, outright and free of trust, to the then living children of Settlor, per stirpes; or, if none, outright and free of trust , to the Settlor's heirs.Such distributions to Settlor's surviving children or to their surviving issue shall be made by the Successor Trustee herein appointed if any portion of the trust of such child or children hereinbefore established has not been distributed. If, however, such trust has been distributed, then such share shall pass directly to Settlor's then living children or their surviving issue, if any. (C)Each share so provided for the then living issue of a child of the Settlor who is then deceased shall, subject to the provisions of Article VII, paragraph (D), infra, be paid over and distributed, outright and free of trust, to such then living issue, per stirpes. D)Recognizing the possibility that the amount of the funds or property held in the trust created under this Article VI may be insufficient to justify the continuance of the trust, the Successor Trustee, in his discretion, may terminate any trust created hereunder whenever in his judgment such trust no longer serves a useful purpose, and upon any such termination, distribute the trust assets to the beneficiary of the trust, free and clear of any trust. (E)If neither Settlor's spouse, Settlor's children, nor any of the issue of Settlor's children survive Settlor, the entire Trust Fund shall be paid over and distributed by the Successor Trustee, outright and free of trust, to Settlor's heirs. ARTICLE VII [Description] (A)If any part of the Trust Fund is distributable to a person who is under the age of __________________ (___) years, then, in each case where it shall be lawful to do so, such property shall continue to be held IN TRUST by the Trustees.The Trustees shall hold, invest, and reinvest th e same, collect the income therefrom and, after deducting from said income all amounts properly chargeable thereto, at any time and from time to time, pay to or apply to the support, health, education (including college and professional education), and maintenance of such person so much of the net income as the Trustees, in their sole and absolute discretion, shall deem advisable for such purposes. The Trustees shall accumulate and add to the principal of said Trust any balance of such net income not so paid or applied. The provisions of this Article VII, paragraph (A), shall not refer to any child of the Settlor who is a beneficiary of a trust created under Article VI, supra.In addition, the Trustees shall be authorized, at any time and from time to time, to pay to or apply to the support, health, education (including college and professional education), and maintenance of such person so much (even to the extent of the whole) of the principal of said Trust as the Trustees, in their sole and absolute discretion, shall deem advisable for such purposes. The Trustees need not consider such person's other sources of income when determining whether to invade the principal of said Trust. The Trust hereunder with respect to property shall terminate when such person attains the age of __________________ (___) years or sooner dies, but in no event later than the time set forth in Article VII, paragraph (B), infra.Upon such termination, the Trustees shall pay over and distribute outright and free of trust, the then remaining principal and undistributed income, if any, of said Trust to the person for whose benefit said Trust was established, if he or she is then living; or if deceased, to his or her then living issue, per stirpes; or, if none, to any other issue of the Settlor then living, per stirpes; or, in default of all issue of the Settlor, to such deceased person's estate. (B)Notwithstanding any designation of age or distribution or any other provision contained he rein, if the creation of interests herein in any person shall violate the Rule Against Perpetuities or any other rule of law, then the interest of that person shall be accelerated and shall be deemed to vest within such time as will not violate the Rule Against Perpetuities or any other rule of law.In no event shall any such trust created pursuant to the terms of this Trust Agreement terminate later than twenty one (21) years after the death of the last to survive of the group consisting of Settlor's spouse, Settlor's children, and the issue of Settlor's children living at the time of the death of the Settlor. Upon such termination, the Successor Trustee shall pay over and distribute the then remaining principal and undistributed income, if any, of such trust, outright and free of trust, to the person for whose benefit said trust was so provided, if he or she is then living; or, if then deceased, to his or her then living issue, per stirpes; or, if none, to any descendant of the Set tlor, per stirpes; or, if one, to any then living issue of Settlor, per stirpes; or, if none, outright and free of trust, pursuant to Article VI, paragraph (E), supra. (C)Notwithstanding the foregoing provisions of this Article VII, whenever, upon the death of a beneficiary of any trust created under this Trust Agreement, all or any part of the then remaining principal and undistributed income, if any, of such trust shall be payable or distributable to a person for whose benefit the Successor Trustee is then holding property in trust under this Trust Agreement, then and in that event (in each case where it may lawfully be done) the same shall not be paid or distributed to such person, but shall instead be added to and thereafter constitute a part of the principal of the trust for such person. D)Whenever any property may be distributed to or for the support, health, welfare, education, and maintenance of a person under the age of __________________ (___) years (minor), or the net inc ome or principal of any trust created under this Trust Agreement may be paid or applied to or for the support, health, welfare, education, and maintenance of a minor, there shall be no necessity for the appointment of a guardian to receive distributions, payments, or applications for any on behalf of such minor. Rather, any such distribution, payment, or application may be made by distributing the same or paying the amount thereof to a parent, the guardian (if there is one), or any other person then caring for or having custody of such minor.Any distribution payment or application made to such parent, guardian, other person, or directly to such minor, pursuant to this paragraph (D), shall constitute a complete discharge and acquittance to the Successor Trustee, with respect to such distribution of the sum so paid or applied. (E)Except for the trust created in Article V, paragraph (A), supra, any trust created under this Trust Agreement shall be construed as a spendthrift trust. No p art of the income, accumulated income, or principal of such trust is ever to be subject to transfer, assignment, sale, pledge, or anticipation in any manner by any beneficiary or remainderman, nor is the interest of any beneficiary or remainderman, prior to the termination of such trust, to be seized in any manner or held liable for the debts, contracts, obligations, or engagements of any kind whatsoever of any beneficiary or remainderman hereunder.If any beneficiary or remainderman should execute any document by which he attempts to transfer, assign, sell, pledge, or anticipate his or her interest hereunder, the Successor Trustee is to immediately terminate all payments to said beneficiary or remainderman, and the Successor Trustee thereafter may pay over to any person such sums of money or other property which the Successor Trustee, in his sole and absolute discretion, deems to be in the interest of said beneficiary or remainderman. (F)For all purposes of this Trust Agreement, the terms child or children are defined to mean a lawful descendant or lawful descendants in the first degree, whether by blood or adoption (and whether born or adopted before or after the execution of this Trust Agreement), of the parent designated, and the term issue is defined to mean a lawful descendant or lawful descendants in the first, second, or any other degree, whether by blood or adoption (and whether born or adopted before or after the execution of this Trust Agreement), of the ancestor designated.The provisions of the preceding sentence to the contrary notwithstanding, for all purposes of this Trust Agreement, any child born to or adopted by persons who are holding themselves out as husband and wife after the performance of a marriage ceremony between them shall be considered as a lawful descendant in first degree of such persons, and therefore a child (as defined in the preceding sentence) of such person even though any divorce or annulment proceeding purporting to termin ate a prior marriage of one or both of such persons is or may be invalid; and a blood descendant in the first degree of a person shall be deemed to be a lawful descendant in the first degree of such person, and therefore a child (as defined in the preceding sentence) of such person, if it is established that such person has openly and continuously held out such descendant as his or her own son or daughter. For all purposes of this Trust Agreement the term Settlor's children and terms of like import shall refer not only to the [children / child] of the Settlor now living (viz. , ________________________________) but also to any child of Settlor (as defined in this paragraph (F)) born or adopted after the execution of this Trust Agreement. (G) For all purposes of this Trust Agreement, an infant in gestation who is later born alive shall be deemed to have been in being during such period of gestation for the purposes of qualifying such infant, after its birth, as a beneficiary of any t rusts created hereunder. H) Any reference in this Trust Agreement to Settlor's heirs means those persons, other than creditors, who would take Settlor's person property under the laws of the jurisdiction of Settlor's domicile at the time of Settlor's death if Settlor had died at the time stipulated for distribution, unmarried, intestate, and domiciled in such jurisdiction; and distribution to such persons shall be made in the same manner and in the same proportion that Settlor's personal property would be distributed under the laws of such jurisdiction if Settlor had died at the time stipulated for distribution, unmarried, intestate, owning the property available for distribution and no other property, without creditors, and domiciled in such jurisdiction.ARTICLE VIII [Description] Notwithstanding any other provisions of this Trust Agreement to the contrary: (A) On receipt of a written request from the Settlor's spouse, any unproductive property held as a part of the trust created i n Article V, paragraph (A), supra, shall be made productive or converted within a reasonable time into productive property. (B) The powers and discretions of the Trustee or Successor Trustee shall not be exercised in such a manner as would cause the trust created in Article V, paragraph (A), supra, to fail to qualify for the estate tax marital deduction in the computation of the federal estate tax on the estate of the Settlor. C) The powers and discretions of the Trustee or Successor Trustee shall not be exercised in such a manner as would cause any property remaining in the trust created under Article V, paragraph (C), supra, at the death of Settlor's spouse to be included in the Settlor's spouse's estate for federal estate tax purposes. ARTICLE IX [Description] In addition to and not in limitation of the rights, powers, privileges, and discretions vested in trustees by law, Settlor gives to the Trustee, in the administration of any trust created hereunder, the following powers, to be exercised, without application to any court, to such extent, at such time or times, upon such terms, and in such manner as the Trustee, shall in his absolute discretion, deem advisable. A)To retain, for so long as is deemed advisable, any property, real or personal, included in the Trust Fund, to abandon any property, to change investments and to invest and reinvest from time to time in such other property, real or personal, within or without the United States (including, but not limited to, improved or unimproved real estate directly or through partnerships, limited liability companies, or joint ventures), stocks of any classification and shares of or interest in any discretionary common trust fund or mutual fund, without being limited in such retention, investment, or reinvestment to property authorized for the investment of trust funds or any applicable local law, without regard to diversification of assets, even though such assets are not income-producing. B) To sell, with o r without notice, at public or private sale, for cash or on credit, with or without security, to exchange and to grant options to purchase any property, real or personal, at any time held hereunder, and in so doing to execute all necessary deeds or other instruments. (C)To borrow money, to mortgage or pledge as security, otherwise encumber, any property held hereunder, and, if money is borrowed from the Trustee, to pay interest thereon at the prevailing rate. (D) To lease for any period (without regard to the duration of any trust created hereunder or to any statutory restriction), exchange, partition, divide, alter, demolish, develop, dedicate (even without consideration), improve, repair, maintain, grant easements on, or otherwise deal with real property. E) To make contracts and agreements, to compromise, settle, release, arbitrate, or accept arbitration of any debts or claims in favor of or against any trust created hereunder, to sue on behalf of any trust created hereunder and to defend any suit against the same, to foreclose any mortgage, deed of trust, or other lien securing any obligation and to bid on the property at foreclosure sale or acquire the property by deed without foreclosure, and to extend, modify, or waive the terms of leases, bonds, mortgages, and their obligations or liens. (F) To vote, in person or by proxy, any stock or securities held hereunder, and to exercise or delegate all rights and privileges (such as subscription rights and conversion privileges) and discretionary powers in connection therewith. (G) To exercise any options or warrants for the purchase of securities on such terms and conditions as the Trustee deems advisable and in the best interests of the beneficiary of any trusts created hereunder; or alternatively, not to exercise any such options or warrants (and allow them to lapse) if the Trustee deems such non-exercise to be in the best interest of such beneficiaries. H) To consent to and participate in any reorganization , consolidation, merger, dissolution, sale, lease, mortgage, purchase, or other action affecting any stock or securities held hereunder, and to make payments in connection therewith. (I) To deposit property with any protective, reorganization, or similar committee, to exercise or delegate discretionary powers in connection therewith, and to share in paying the compensation and expenses of such committee. (J) To employ agents, attorneys, accountants, brokers, counsel, including investment counsel, or others, whether individual or corporate, and to pay their reasonable compensation and expenses. The Trustee may serve in any such additional capacity and be so compensated for services rendered in such additional capacity. K) To hold any property, real or personal, in the name of a nominee, or in his name as Trustee or to take stock or securities and keep the same unregistered in such condition that such stock or securities will pass by delivery. (L) In dividing or distributing principal of any trust created hereunder, to make such division or distribution in money, kind, or partly in money and partly in kind, or by allotting or assigning undivided interests in the property, even if one or more shares be composed in whole or in part of property different in kind from that of any other share. (M) To hold, in solido, for convenience of investment and administration, property constituting principal of two or more trusts created hereunder, or to make joint or common investments in which the separate trusts shall have undivided interests. N) To perform and carry out the provisions of any business agreements to which Settlor was a party and which may be in force at the time of Settlor's death (including, but not limited to, agreements of partnership, limited partnership, or joint venture, and agreements arising out of Settlor's interest as an officer, director , stockholder, or member of any corporation or limited liability company), and to reorganize or continue to oper ate any business, whether a sole proprietorship, partnership, limited partnership, joint venture, limited liability company, or corporation, in which Settlor may have an interest at the time of his death, under such terms and conditions, with such other persons and in such manner as the Trustee, may determine. The Trustee is authorized to have a personal interest as partner, venturer, stockholder, member, owner or investor in, to be employed by, or otherwise to serve any business referred to herein, and to receive compensation for such employment or other services rendered to or for such business. The Settlor owns at the date of execution of this Trust certain business known as _________ _____________________________________________.In the event that at the time of the death of the Settlor he owns a controlling interest in said business or successor thereto or in another business enterprise (whether operated in the form of a corporation, a partnership, limited liability company, or a sole proprietorship), the Settlor hereby desires that the Successor Trustee shall continue to hold and operate each such business as a part of the Trust Fund herein created. The Settlor hereby vests the said Successor Trustee, severally, including any successors to either, with the following powers and authority, as supplemental to the ones contained in this Article IX the applicability of which to the business of the Settlor confirms without limitation by reason of specification, and in addition to powers conferred by law, all of which may be exercised with respect to every such business, whether a corporation, a partnership, limited liability company, or a sole proprietorship. 1.To retain and continue to operate the business for such period as the Successor Trustee, as the case may be, may deem advisable. 2. To control, direct, and manage the business. In this connection, the Successor Trustee, in his sole and absolute discretion, shall determine the manner and extent of its act ive participation in the operation, and the Successor Trustee may delegate all or any part of his power to supervise and operate, to such person or persons as he may select, including any associate, partner, officer, member, or employee of the business. 3. To hire and discharge officers and employees, fix their compensation and define their duties; and similarly to employ, compensate nd discharge agents, attorneys, consultants, accountants and such other representatives as the Successor Trustee may deem appropriate; including the right to employ any beneficiary (or individual Trustee) in any of the foregoing capacities. 4. To invest other estate or Trust funds in such business; to pledge other assets of the estate or Trust as security for loans made to such business; and to loan funds from the Trust Fund to such business and to borrow from any bank or other lending institution, on such terms as are currently competitive. 5. To organize a corporation under the law of this or any othe r state or country and to transfer thereto all or any part of the business or other property held in the estate or Trust, and to receive in exchange therefor such stocks, bonds and other securities as the Trustee may deem advisable. 6.To take any action required to convert any corporation or limited liability company into a partnership or sole proprietorship. 7. To treat the business as an entity separate from the estate or trusts. In its accountings to the court and to any beneficiaries, the Successor Trustee shall only be required to report the earnings and conditions of the business in accordance with standard corporate accounting practice. 8. To purchase, process, and sell merchandise of every kind and description; and to purchase and sell machinery and equipment, furniture and fixtures, and supplies of all kinds. 9. To liquidate all or any part of any business at such time and price and upon such terms and conditions (including credit) as the Successor Trustee may determine.The Successor Trustee is specifically authorized and empowered to make such sale to any partner, officer, member, or employee of the business (or to any Trustee) or to any beneficiary hereunder. 10. To exercise any of the rights and powers herein contained in conjunction with another or others. 11. To diminish, enlarge, or change the scope or nature of any business. The Settlor is aware of the fact that certain risks are inherent in the operation of any business and expects that decisions will be required of a businessman's risk nature as contrasted with prudent man rule. Therefore, the Settlor directs that the Trustee shall not be held liable for any loss resulting from the retention and operation of any business unless such loss shall result directly from the Successor Trustee's bad faith and willful misconduct.In determining any question of liability for losses, it should be considered that the Successor Trustee, as the case may be, is engaging in a speculative enterprise at the Set tlor's request. If any business operated by the Successor Trustee pursuant to the authorization contained in this Trust shall be unincorporated, then the Settlor directs that all liabilities arising therefrom shall be satisfied first from the business itself and second out of the estate or Trust Fund; it being the Settlor's intention that in no event shall any liability be enforced against the Successor Trustee personally. If the Successor Trustee shall be held personally liable, he shall be entitled to indemnify first from the business and second from the estate or Trust Fund.It is recognized that any business interest which may be included in any estate or trust may require additional efforts and expertise on the part of the fiduciary. Accordingly, it is recognized that additional fees may be required. Such fees shall be taken as a director's fee, which shall be remitted to the fiduciary and/or as a management consultant charge by the fiduciary. (O) To make any loans, either secur ed or unsecured, in such amounts, upon such terms, at such rates of interest, and to such persons, firms or corporations, as is deemed advisable. (P) To receive, receipt for, and collect any and all income of every kind and character whatsoever, which shall, from time to time, be produced by or arise out of the trust estate. Q) The Settlor, while acting as Trustee, shall have the exclusive power and authority (1) to establish and maintain one or more accounts, which may be margin accounts, for the purpose of purchasing, investing in, or otherwise acquiring, selling (including short sales), possessing, transferring, exchanging, pledging, or otherwise disposing of, or turning to account of, or realizing upon, and generally dealing in and with (a) any and all forms of securities, including but not by way of limitation, shares, stocks, bonds, debentures, notes, script, participation certificates, rights to subscribe, options, warrants, certificates of deposit, mortgages, choses in actio n, evidences of indebtedness, commercial paper, certificates of indebtedness, and certificates of interest of any kind and every kind and nature whatsoever, secured or unsecured, whether represented by trust, participating and/or other certificates or otherwise, and (b) any and all commodities and/or contracts for the future delivery thereof, whether represented by trust, participating and/or other certificates or otherwise; (2) to pledge trust property as collateral for any personal or business loans of Settlor, or for the benefit of any other person or entity designated by Settlor; and (3) to delegate to any agent of Settlor's choice by power of attorney or otherwise, the conducting of banking activities for Trustee, or the hiring, cancellation or use of entry of a safe deposit box or other storage facilities in the name of Trustee. Said power and authority shall be peculiar to Settlor while acting as initial Trustee. (R) To form, renew, or extend the life of any corporation or bu siness entity while under the laws of any state and/or to subscribe for, or otherwise acquire, all or any part of the capital stock, bonds, or other securities of any corporation or business entity. (S) To pay, satisfy, and discharge all taxes and assessments upon the property comprising the trust estate or upon the income derived therefrom, and, in connection with any estate, inheritance, succession, or other imilar taxes that may be imposed upon Settlor's estate, the Successor Trustee shall make provisions and payment therefor if and to the extent that the Personal Representative of Settlor's probate estate, if any, so desires; provided, further, in the event that there shall be included in the trust property and estate any United States Treasury Bonds or other obligations redeemable at par value in payment of the United States Estate Tax imposed upon or with respect to all or any part of the trust property and estate, the Successor Trustee is hereby directed to apply such Bonds o r other obligations toward the payment of said tax in an amount not to exceed the total of such tax and any interest accrued thereon, which Bonds or other obligations may be so applied directly by the Successor Trustee, or, in the Successor Trustee's discretion, may be delivered to the Personal Representative of Settlor's probate estate, if any, in which latter case the Successor Trustee may rely upon any written representations made to it by such Personal Representative as to the total of said tax and shall be under no duty to verify the same. Further, where it is permitted by law to claim expenses as either income or estate tax deductions, Settlor's Successor Trustee may, but shall not be required to, make such adjustment between income and principal as Successor Trustee shall deem proper. Settlor's Successor Trustee shall not be accountable or responsible to any person interested in Settlor's property for the manner in which it shall exercise such election, and the decisions with respect to adjustment between income and principal shall be binding and conclusive upon all persons interested in Settlor's property. T) To determine what part of cash or other property received by it is income and what part is principal, and to determine what expenses and other charges, including Trustee's fees and disbursements, shall be a charge against principal and what against income; provided, however, that stock dividends, rights to subscribe for any stock or securities, or any profit or gain which may accrue from any sale, exchange, or other disposition of assets and property comprising or included in the Trust Fund, shall not be determined to be income subject to distribution, but shall be determined to be principal and shall be added thereto and treated in all respects in the same manner as the original principal of the Trust Fund after deduction therefrom as a charge against the same of all income taxes payable with respect thereto, and all losses sustained as a result of the sale, exchange, or other disposition of assets and property comprising a part of the Trust Fund shall be charged against the income of the Trust Fund or reduce the amount of such income subject to distribution. All cash dividends except liquidating dividends shall be considered as income. U) To pay, satisfy, and discharge all last illness and funeral expenses resulting from Settlor's death, and all debts, just claims, and administration expenses outstanding at the time of Settlor's death or resulting from Settlor's death, and to pay or otherwise satisfy all specific bequests under Settlor's will, as admitted to probate, in the Successor Trustee's discretion, to the extent that the fiduciary of Settlor's estate so desires, or to the extent that there are insufficient funds in Settlor's estate to pay said aforementioned items, without requiring any reimbursement from the Settlor's executors or administrators or other persons receiving property as a result of Settlor's death, pr ovided that no qualified pension or profit-sharing plan comprising a part of the trust estate, which are deemed not to be a lump-sum distribution as defined under the Internal Revenue, and otherwise not subject to Federal Estate Tax, or life insurance proceeds shall be used for such purposes. (V) To construe the trust provisions of this Trust Agreement and any construction thereof, any action taken thereon by the Trustee in good faith shall be final and conclusive, and the Trustee may correct any defect, supply any omission, or reconcile any inconsistencies in said trust provisions in such manner, and to such extent, as the Trustee shall deem expedient to carry the same into effect, and the Trustee shall be the sole, final and conclusive judge of such expediency. W) To make all discretionary decisions provided for or required by the provisions of this Trust Agreement, in their sole, absolute and uncontrolled discretion. (X) Generally to do any and all acts and things and to execute any and all written documents with respect to any property at any time held hereunder which the Trustee would be entitled to do were such property owned absolutely by the Trustee. (Y) To elect or not to elect to treat all or any portion of estimated tax paid by any trust created hereunder as a payment by a beneficiary of such trust, which election may be made pro rata among the beneficiaries or otherwise in the discretion of the Trustee, whose decision shall be conclusive and binding upon all parties in interest.It is the Settlor's intention and purpose, except as otherwise provided in this Trust Agreement, to confer upon the Trustee and Successor Trustee the broadest and fullest power and authority with respect to each trust created hereunder which it is possible for an individual to exercise over his own property and the Trustee and the Successor Trustee shall exercise such powers and authority in their sole discretion, in such manner, and to such extent, as they shall deem advisa ble. The provisions of this Article IX shall continue in effect with respect to any property at any time held hereunder until the execution or termination of the trust with respect thereto shall have been completed by the payment or distribution thereof pursuant to the terms of this Trust Agreement.No powers of the Trustee enumerated herein or now or hereafter conferred upon the Trustee generally shall be construed to enable Settlor, or Trustee, or Successor Trustee, or any of them, or any other person to purchase, exchange, or otherwise deal with or dispose of all or any part of the Trust Fund for less than an adequate consideration in money or money's worth, or to enable Settlor to borrow all or any part of the principal or income of this Trust, directly or indirectly without adequate interest or security. No person other than Trustee shall have or exercise the power to vote or direct the voting of any shares or other securities of this Trust, to control the investment of this Tru st either by directing investments or reinvestments or by vetoing proposed investments or reinvestments, or to reacquire or exchange any property of this Trust by substituting other property of an equivalent value. ARTICLE X [Description]This Trust has been accepted by the Trustee in the State of Maryland and it is the intention of the parties hereto that this Trust Agreement shall in all respects be construed, interpreted, and administered according to the laws of the State of Maryland and that the parties in all things in respect thereto shall be governed by such laws. This Article, however, shall not be deemed a limitation upon any of the powers of the Trustee or Successor Trustee, or to prevent their investing in properties, real or personal, located outside of the State of Maryland. ARTICLE XI [Description] The Trust created by this Trust Agreement is revocable by the Settlor who, at any time, may execute such further instruments as shall be necessary to revoke it.Settlor reser ves the right to alter, amend, or revoke this Trust Agreement in whole or in part, at any time or times, and from time to time, by a letter or memorandum in writing delivered to the Successor Trustee; provided that the duties, powers, and liabilities of the Successor Trustee shall not be materially or substantially changed by such alteration or amendment without Settlor's consent thereto in writing. ARTICLE XII [Description] (A) No bond or other security shall be required of the original Trustee hereunder or of any Successor Trustee. (B) The majority of the adult beneficiaries entitled to receive or have the benefit of the income from the Trust estate may approve the accounts of any individual Trustee at any time resigning as such hereunder. The approval of such accounts shall be full and complete discharge of such Trustee and shall have the same effect as if the Trustee had presented and had its accounts approved by a court of competent jurisdiction. C) In the event any corporate T rustee shall merge or become consolidated with any other corporation, such merged or consolidated corporation is hereby appointed successor corporate Trustee, with all powers, titles, privileges, immunities, discretions, and authorities conferred upon such corporate Trustee so merging or consolidating. (D) Whenever there are co-Trustees hereunder and any Trustee is absent or unavailable, the other Trustee may act without such absent or unavailable Trustee. Any persons dealing with the co-Trustees may rely on a certificate by any one or more of them that he or they have sole authority to act because of the absence or unavailability of the other Trustee, and such certificate shall be binding on the Trust and shall require the Trustee to make fully valid the transaction with any person relying on such certificates. E) The Trustees, and any partnership, firm, corporation, limited liability company, or other business entity in which the Trustees, or any of them are interested, directly o r indirectly, whether as a partner, principal, stockholder, member, creditor, employee, or otherwise, may deal with the Trust in the same manner as a third party might, including (by way of illustration and not limitation) purchasing property from and selling services for the Trust, and joining with the Trust in a joint venture, limited partnership, partnership, limited liability company, syndicate, corporation, or other business or non-business arrangement; provided, however, that no such transaction shall take place unless the Trustees decide that the transaction is fair to the Trust and is in the best interests of the beneficiaries. (F) Any Successor Trustee may resign at any time by giving not less than thirty (30) days written notice to the Settlor, if living; and if the Settlor is then deceased, then to the remaining Successor Trustee, if any; and if there is no remaining Successor Trustee, then to all competent adult persons and the parents or guardians of all minor or incomp etent persons who are at the time entitled to receive income or principal hereunder.Upon the resignation, death, or incapacity of any Trustee or any Successor Trustee, the Settlor shall promptly designate a Successor Trustee; in the event that the Settlor is then deceased, a Successor Trustee shall be promptly designated by the remaining Successor Trustee, if any; and in the event there is no remaining Successor Trustee or if the remaining Successor Trustee fails to designate a Successor Trustee within thirty (30) days, then a Successor Trustee shall be promptly designated by majority vote of all persons who would be entitled to notice of the resignation of a Trustee if a Trustee then resigned. (G) The Settlor shall have the right at any time (i) with the consent of the Successor Trustee(s), to remove any or all of the Successor Trustee(s) and to appoint a Successor Trustee(s) to serve in place of the Successor Trustee(s) who was or were removed, and (ii) with or without the consent of the Successor Trustee(s), to remove any or all of the Successor Trustee(s) and to appoint a bank or trust company having fiduciary powers as a Successor Trustee to serve in place of Successor Trustee(s) who was or were removed. (H) The Trustees (or any of them) shall be paid a fair and reasonable compensation for services performed hereunder. I) No Successor Trustee under this Trust Agreement shall be liable for any act or omission of his predecessor, nor for any loss or expense from or occasioned by any act or omission of his predecessor, nor shall any Successor Trustee be obligated to inquire into the validity or propriety of any such act or omission. Any such Successor Trustee shall be entitled to accept as conclusive any accounting and statement of assets furnished to such Successor Trustee by his predecessor or by the personal representative of such predecessor and shall further be entitled to receipt only for those assets included in such statement. (J) The use of any gend er herein shall be deemed to include the other genders, and the use of the singular shall be deemed to include the plural (and vice versa), wherever appropriate. K) Wherever the term Trustees is employed herein, it shall be deemed to refer to the original Trustee and any Successor Trustee or Successor co-Trustee named herein or other Trustees or co-Trustees appointed hereunder. ARTICLE XIII [Description] Any Successor Trustee shall have all the duties and powers assumed by and conferred upon the Trustee under this Trust Agreement. The appointment of a Successor Trustee shall be made by a duly acknowledged instrument delivered to the beneficiaries. IN WITNESS WHEREOF, Settlor has signed and sealed this Trust Agreement and, to evidence acceptance of the terms and conditions of this Trust, the Trustee and Successor Trustee have signed and sealed this Trust Agreement, all on the day and year indicated below. witness: | |SETTLOR:

Psy Analysis

Marla is a 42-year-old Hispanic female who comes to the mental health clinic complaining of having trouble sleeping, feeling â€Å"jumpy all of the time,† and experiencing an inability to concentrate. These symptoms are causing problems for her at work, where she is an accountant. Resources: Appendix A, Fundamentals of Abnormal Psychology, and the Faces of Abnormal Psychology Interactive application at the McGraw Hill Higher Education Web site Write a 1,400- to 1,750-word paper analyzing Marla’s disorder. Address the following:Decide which disorder Marla may have using the information in the Faces of Abnormal Psychology Interactive Application at http://www. mhhe. com/socscience/psychology/faces/#. The profile introduction will match more than one of the disorders found in the application. You must choose one of the disorders and complete the profile. Include the 10 question from the week Four CheckPoint. Summarize the disorder using the information provided in the inte ractive application. Explain the origin of the disorder and any potential treatments by using one of the models of abnormality found in Ch. of Fundamentals of Abnormal Psychology. * * 1. Tell me some basic information about yourself†¦ Name, age,etc Marla, 42 Hispanic female 2. What brings you in to see me? Having trouble sleeping, feeling jumpy, lack of concentration, affecting her accountant job 3. Why do you feel that you need a clinical interview? For the larger part of her life she has been fighting depression, suicide thoughts, 2 attempts of suicide, self mutilation period 4. How do you feel most days? Worthless, low, no energy 5. Is there anything that makes you more happy/sad?Shopping, spending money to make she appear nicer, looks 6. How long have you been experiencing these feelings? Most of her life but in the past couple of years it has gotten worse 7. How is your relationship with your parents? Father knows him but has never been around, molestation, â€Å"she was never his son† had son straightened up but Marla wasn’t worth it Mother a drunk in bed at 7, cheated, and raised her by herself and new husband 8. How often do you go out and socialize? Homebody 9. Have you noticed anything specific that triggers your moods?Anything, everything, stupid people, people in general 10. Is there anything else you feel like sharing with me? My life sucks and my wife says that my moods suck and I go from on top of the world to being underneath it in. 1second After meeting with Marla and doing my initial interview with her, where Marla revealed that she has been clinically diagnosed with depression. Marla has much more mental disorders than just depression. She has lived her life trying to be enough for her dad, mom, everybody else in her life. Marla was never taught love, acceptance.I am diagnosing Marla with Bipolar disorder with ADHD with anger tendencies. Marla has a feeling of jumpiness and lacks concentration, which is affecting her accou nting job. Marla informed me in our interview that she knows her father but he was never really around. He tried to buy her love and gave her a lot of empty promises. Marla’s father use to tell her that she was not his son, that he always wanted a son and that she was not. She had animosity towards her father for straightening his life out once his son was born. This left her with feelings of not being enough for his love.Carrying this feeling her entire love grew to anger as an adult. Her father did not matter anymore but that pain she felt as a child she turned into anger. Marla’s mother raised her but she was a drunk. Her mother married a new husband, showed Marla how to cheat on this man. When that marriage failed lived with another who made fun of Marla for being a lesbian. Her mother cheated on him with who would become her husband now. Marla has periods of mania more often than she is happy. Marla went through more serious and long periods of mania where she wen t through self mutilation phases.During these times Marla has attempted suicide many times, two times she was hospitalized. When Marla is feeling low, she has realized that she likes to shop to make her appearance appear pricier. I came to my diagnoses of Bipolar with ADHD with severe anger tendencies due to the following facts. ADHD’s symptoms include difficulty staying focused and paying attention, difficulty controlling behavior, and hyperactivity (over-activity). Bipolar Disorder is a condition in which people go back and forth between periods of a very good or irritable mood and  depression.The â€Å"mood swings† between mania and depression can be very quick. Bipolar individuals go from manic to mania in a split second or in some cases over lap each other. The manic phase may last from days to months. It can include the following symptoms: * Easily distracted * Little need for sleep * Poor judgment * Poor temper control * Reckless behavior and lack of self cont rol * Binge eating, drinking, and/or drug use * Poor judgment * Sex with many partners (promiscuity) * Spending sprees * Very elevated mood * Excess activity (hyperactivity) * Increased energy * Racing thoughts Talking a lot * Very high self-esteem (false beliefs about self or abilities) * Very involved in activities * Very upset (agitated or irritated) These symptoms of mania occur with bipolar disorder I. In people with bipolar disorder II, the symptoms of mania are similar but less intense. The depressed phase of both types of bipolar disorder includes the following symptoms: * Daily low mood or sadness * Difficulty concentrating, remembering, or making decisions * Eating problems * Loss of appetite and weight loss * Overeating and weight gain * Fatigue or lack of energy Feeling worthless, hopeless, or guilty * Loss of pleasure in activities once enjoyed * Loss of self-esteem * Thoughts of death and suicide * Trouble getting to sleep or sleeping too much * Pulling away from frien ds or activities that were once enjoyed There is a high risk of  suicide  with bipolar disorder. Patients may abuse alcohol or other substances, which can make the symptoms and suicide risk worse. Sometimes the two phases overlap. Manic and depressive symptoms may occur together or quickly one after the other in what is called a mixed state. (http://www. ncbi. nlm. nih. ov/pubmedhealth/PMH0001924/) Some individuals may be diagnosed with both ADHD and bipolar disorder. Unfortunately, some are misdiagnosed because the symptoms of the two disorders can overlap or look similar. In mania, individuals may appear distracted, always moving and restless, which may look similar to symptoms of hyperactivity. Also, individuals with ADHD may demonstrate some mood symptoms, but not to the extreme necessary for a diagnosis of bipolar disorder. It is important to ensure that an individual meets the criteria for both of the disorders, rather than just demonstrating symptoms that could be constru ed as both. http://www. livestrong. com/article/252912-adhd-bipolar-disorder-in-adults/). The treatments for these disorders are medications such as, Adderall, and or Vyvance, there are also non stimulant medications such as Strattera. With the stimulation medications most individuals are put on a sleeping agent to bring them down such as Clonodine. Medications for Bipolar can include Abilify, and or Cymbalta. Most Bipolar individuals take an anxiety agent as well. Individuals such as Marla may be prescribed Adderall, Clonodine, Abilify, and Depokote.The disorder ADHD originated in 1902, there is the first documented disorder relating to impulsiveness. This was in Britain, and the doctor who diagnosed the impulsive disorder was named Dr. Still. He called this disorder â€Å"Defect of Moral Control† and he believed that the diagnosed individual had a medical disorder beyond their control. (http://ezinearticles. com/? History-of-ADHD&id=217254). Bipolar disorder is perhaps one of the oldest known illnesses. Research reveals some mention of the symptoms in early medical records. It was first noticed as far back as the second century.Aretaeus of Cappadocia (a city in ancient Turkey) first recognized some symptoms of mania and depression, and felt they could be linked to each other. His findings went unnoticed and unsubstantiated until 1650, when a scientist named Richard Burton wrote a book, The Anatomy of Melancholia, which focused specifically on depression. His findings are still used today by many in the mental health field, and he is credited with being the father of depression as a mental illness. (http://www. caregiver. com/channels/bipolar/articles/brief_history. htm).

Harvard Reflection Paper - Job Sculpting Essay Example | Topics and Well Written Essays - 500 words

Harvard Reflection Paper - Job Sculpting - Essay Example James Waldroop on the other hand, is a business school graduate with expertise in entrepreneurship and human resource management. The experience of the two authors was relevant to write on human resource management. From the publication, I learnt that every person has the power of having an employee expertise required by an organization. I learnt that like everyone else I have the urge of having the opportunity of serving in the top management of an organization. The difference is that some people have the required expertise while others lack the level of education required (Harvard Business School Press, 2008). However, this does not hinder people from having a dream. It is human nature that we want to be the chief commanding officer in any organization. Not just for the job description but for the rewards that come with it. Every human has the hope and faith that they will be successful in life. The human nature is fashioned in a manner that it is never satisfied with its current achievements. The urge of having more makes the world competitive and developing. According to Harvard Business Review (2011) all humans under an organization have the hop e that one day they will move a step from their current job description. Job sculpting revolves around human nature, and the will of individuals to succeed. The will of individuals to succeed creates the difference in the way employees are devoted to their work. When sourcing for employees, personal will to succeed should be considered as an added advantage. In an argument by Harvard Business School Press (2006) personal attributes should make the most of the requirement needed by employers. In terms of retaining employees, employers should satisfy the employee need for rewards and incentives. Rewards and incentives make employees more inclined to working and achieving an organizations goal. In any organizational setting, employees are required to be devoted to achieving the goals of the organization. It is

Groupism in Design Essay Example | Topics and Well Written Essays - 1000 words

Groupism in Design - Essay Example A group is needed to complement the weakness and bring out the best in every individual. In business, groupism serves as an audience to the prospected market of the product. However, controversies regarding groupism are discussed and debate everywhere. Some designers claimed that groupism would box their ideas into the norms of the group and hinders their creativity. Some studies also pointed out that groupism in universities creates misunderstandings and rivalry to the outside group of students. In family, groupism could result in degree of animosity with those who are outside the family. Designers are people who have extreme ideas. They are not afraid to take risks and be different. They are individuals with strong personality. Introducing them into a group will be of great challenge; for them, it seems like being enclosed into a cage or box. For them, their ideas will be controlled and will not be heard according to their wants and preferences. As stated earlier, the group is needed to minimize the weaknesses and brings out the best in every individual, but how come that even the strengths will be suppressed This risk could be reduced through organization's proper recruitment and management. Working in a group required lots of effort and team building. The management must evaluate the designer's skills to know the areas where they excel the most and the areas where development is needed. Working as a group is as simple as math. Everyone has their highest positive number and lowest negative number. These will be summed up and be divided according to the numbers of m ember. The average is the rate of the group's effectiveness. On the other hand, the highest positive number could be recognized with the help of proper management. Understanding uniqueness of every individual could give the management an insight on what hinders productivity, what can be changed and developed. Groupism in design is just like a basketball team playing. Everyone wants to excel, to give their best and help the team win. But even with the best players, playing without goal and cooperation will not help win the game. It will produce confusion and misunderstandings. The strengths of every player should be used and the weakness of each should be complemented by other players. The coach could help the team by proper allocation of players and setting of instructions. According to the survey made in Japanese schools, 61% of the 280 respondents believed that the main reason for a society to have preschool is to learn on how to be a member of group. The need to belong is part of the human instinct making groupism as a normal sight in schools and universities. As an urban word, groupism is defined as losing someone's identity after being part of the group. Stereotypes were created due to the fact that they are afraid to be different. They tend to ignore their own ideas and openness was not extended to every member because they are afraid to be rejected. Peers struggle to belong in a group and be accepted; consequently resulting in generation of low confidence. The leader of the group is followed and everyone goes with the flow. Motivation comes from outside sources. On the other ha

Research Design Paper Example | Topics and Well Written Essays - 500 words

Design - Research Paper Example My approach towards the research, the factors corresponding to the high turnover rate at Patriot University, in this case would be hard and real. I would bring into consideration the results obtained via various surveys and practical experiments and would try to challenge hypothesis and assumptions about my research. This approach towards data collection would primarily focus on measurement, and would concentrate on scrutinizing the numerical information and also applying the test on statistical basis. Determining the measuring instruments for the research is the second step for the research on the topic, the factors corresponding to the high turnover rate at Patriot University. One can use various different measuring instruments in the research paper. These are used by the researchers to help them and facilitate the assessment and the results obtained about different topics of research subjects. The measuring instruments are actually used to measure or acquire information and data on numerous variables from physical functioning to psychological as well as social adherence of a particular subject. The measurement instrument that I would be including in my research would be surveys and interviews as these instruments are helpful in gaining the information directly from the people and collecting the data after gathering their point of views about a certain subject of research. The important indicators of the quality of measuring instruments used in a research paper are the reliability and the validity of the obtained values and results. The reliability factor of the measuring instruments analyses the stability of the values, the consistency of the measuring instruments and the interpretation of the values. On the other hand, the validity factor for the measuring instruments is described as to the extent to which the understanding the results obtained are verified and confirmed. Moreover the responsiveness of the

The Updated Financial Development And Structure Database Research Paper

The Updated Financial Development And Structure Database - Research Paper Example The change of the technical platform resulted in back and forth arguments that put the marketplace into uncertainty (Fletcher, 2011). 11 In the month of October 2009, LSE indicated that they were planning to acquire a different trading platform called Turquoise Trading. The targeted trading facility enjoyed a stronger technical system, which was already renowned in the financial marketplace (Fletcher, 2011). Turquoise trading was operated on a stronger technological platform than the LSE. In the same period, LSE faced a technical challenge in the data management system, which led to a one-hour outage (Collett, 2004). Although one hour is such a short period, for investors in the financial markets it means lifetime. LSE also faced another challenge when a server software malfunction stopped trading activities in the same year. 11 The celebration that globalization and technological advancement have expanded the financial markets has received criticism because they have also presented the diverse crisis to the industry (Esqueda, Assef, and Mollick, 2012). Critics argue that much as they have enhanced efficiency, liquidity, and integrity they have been responsible for some unexplained disruptions in the marketplace. First, advancements in technology and globalization may lead to corruption of information through loss or theft. Secondly, whether intentional or intentional, the failure of technical frameworks and unchecked global interactions in the financial markets can present major setbacks. Given the evidence provided, it is clear that advancement in technology and subsequent globalization may have detrimental effects on the financial markets. 12 A strong financial environment promotes economic growth in any state. The financial market also plays a critical role in the economic environment since it enables major firms to obtain funds for facilitating investments.

Marketing Plan for Triumph Spares Limited Essay

Marketing Plan for Triumph Spares Limited - Essay Example Our market consist of both the final consumers and the b2b selling. However, it is noted that bulk of our sales are done through b2b channel, and only 20% of our sales is made to small customers through the shop. Therefore, we need to plan a strategy that will help us widen the both sectors and will lead to increase in the profits and revenues.The company has divided its market into two segments:Business Buyers: Here the deals are made with the other business and the company keeps a margin of 50%. This is the segment where the company earns the maximum revenue and almost 80% of its sales are made through this segment. Hence, we need to understand that this segment is most important to us in terms of its size and contribution to the profit. Hence, we need to devise a policy that sustains and grows the revenues earned from this segment. In other words, we can conclude that this is a priority segment for us. We need to look after this segment and need to give it much more importance and attention than the other sector. The sales made in this sector are in bulk and hence we can exploit on economies of scale if we continue to give importance to this sector given the size of this sector.General Public: This is the other market segment; we are currently selling our products to. Here the profit margins are high but the sales volume is very low, so we cannot rely just on this segment. We need to make sure that both the segments are sustained are served together if we need to maximize our profits.

Crash Cultural Identity Assignment Essay Example | Topics and Well Written Essays - 500 words

Crash Cultural Identity Assignment - Essay Example The fact, that he was brave enough to fight with the guy, who tried to steal his car, became the evidence of the inner change, which had happened to Cameron. At the same time, it should be noted, that the characters put their cultural identity not only in their group, but they also want to be accepted and acknowledged in all cultural groups. On the other hand, the characters, who are supposed negative, as Ryan (the policemen, who has sexually assaulted Christine, Cameron's wife) or the attorney's wife Jean, being extremely impatient towards any other race except her own, also try to put themselves forward not only in their cultural group, but in others as well. Ryan not only wants to be the best among his co-workers, who are of Caucasian race, he also wants to show his superiority over other races, and thus make them understand his significance in terms of all races. The issue of cultural identity is shown to be manipulated through the scene in the attorney's office.

Drive train, motor, control systems ( help in writing some pages on Coursework

Drive train, motor, control systems ( help in writing some pages on these parts and relate them to my simple design ) - Coursework Example For this electric skateboard, it is expected that the front pad will be used for acceleration while the rear pad shall be used in the braking system. Both pads will be connected at the center that shall comprise of an electric circuit board to be used in powering the system, as shown in the figure below. Normally, the controller will control the voltage coming from the batteries to the motors, except for when batteries are dead. Therefore, the regenerative power shall be used in controlling the voltage flow which will allow for the recharging of the batteries in a vice versa way without needing to plug the batteries to an external power source. The regenerative technique to be employed in this design shall work through a rotational basis of its mechanical energy; hence, re-populating the batteries. During the rotational process of the motor wheels, there is mechanical energy that is released. Through the regenerative technique, this energy shall be channeled back into the battery system and into the motor through the axles. Therefore, as the mechanical energy goes through the axle and motor again, it causes a rotational movement inside of the motor; thus, form an electrical field in the motor. The created electric field will then push back the mechanical energy to the batteries through the controller. In this stage, since the controller was responsible for gauging the electric flow out of the batteries, it would also regulate the inflow of the mechanical energy caused by the rolling of the wheels during skating, into the battery system, by raising the level to feed the batteries again. Taking on the form of a PID system, the controller can further take on the form of a remote sensor gadget clutched in the hands of the user to apply the start of the board, acceleration and deceleration speeds of the board. The standard recharging time for the batteries

Employee Motivation Programs Essay Example for Free

Employee Motivation Programs Essay Keep your workers inspired by utilizing an employee motivation program inShare Your company can benefit by employee motivation. Its important to reward your staff for their hard work through recognition, special privileges or gifts. An employee motivation program shows your staff that your company cares about their success. Motivate your staff and their production will exceed expectations. Increase production and employee satisfaction as your business implements workforce motivation. Employee motivation techniques create the foundation that keeps your workforce happy and productive. Encourage teamwork, which improves your companys success as well as staff motivation. A supportive work atmosphere leads to positive motivation for employees and improves morale. Enjoy workers in the company who have a great attitude and are an example for new staff member joining the organization. Motivating employees can come in many forms. Here are a few ideas to get you started: 1. Consider an employee motivational training program. 2. Use employee motivational articles and other materials to inspire your workers. 3. Give your gifts as an incentive to increase staff motivation. Implement a training program to increase employee’s motivation Training programs use employee motivation theories to offer the best classes and training tools for your company. Some of the most successful companies in the world use training programs for worker motivation. Try: Dale Carnegie Training is a well-established company that understands the benefits of business employee motivation. Training Camp has on-site training as well as an online computer course. Inspire your crew with employee motivation articles and posters The use of visual aids changes how employees view their success. Weve all seen the motivational posters and articles but these can be more beneficial than you might think. The use of attractive and eye-catching materials that cover encouragement, innovation, leadership and make it happen, are subjects used for motivational posters. Try: Successories has an unlimited amount of motivational posters ranging in any subject. Future Think has motivational materials that guide you on how to recognize and reward innovation. Create worker motivation with incentives Employees love rewards for hard work and a wonderful motivational tool is gift incentives. Your staff will strive to do their best and it challenges them to improve productivity through friendly competition and recognition for a job well done. Try: Swift Prepaid Solutions offers prepaid gift cards that you can use to incite your employees to achieve certain goals. You can use them for the best sales or a job well done. Circuit City has a program where you can hand out gift cards to your deserving employees. †¢Employees need to feel encouragement and motivational techniques can achieve the goal of motivating employees on a daily basis. †¢Use an employee motivation survey to gage the morale of your workforce. Ask the staff to indicate what motivates them. Basic choices include recognition, monetary rewards and special privileges.

Developing Reflective Practice Essay Example for Free

Developing Reflective Practice Essay This essay will focus on developing reflective practice through exploring a critical incident in the workplace. It will explore different methods of reflection and use one particular method to reflect on the critical incident (appendix 1) and explain why this individual method was chosen. It will evaluate individual career development by reviewing past practice and the skills that have been gained throughout time, for example teamwork, group roles and experience gained, which will be ways to measure how development has progressed. It will illustrate a critical understanding of assessing personal capability within the workplace. It will identify a range of personal and interpersonal skills that contribute to effective professional practice and different types of work methods and will also reflect on practice and develop action plans to meet personal goals for the future. It is important to reflect on practice to help us grow as people, find faults and work on issues to better ourselves. Wigens (2003:1) states ‘reflective practice has been identified as one of the key ways in which we can learn from our experiences’, however Atherton (2003) cited in Johnston and Nahmad-Williams (2009:367) ‘questions whether reflection can really bring together the practical and theoretical’. Paige- Smith and Craft (2008) puts forward that it is important to reflect on how we interact with children and observe their peer interactions; this helps us to reflect on how important interactions are. After looking at Different methods of reflection, I investigated and considered a few, for example Gibbs and Kolbs. Gibbs is quite similar to De Bonos as you are able to explore the different stages in depth, but found that Kolbs does not have a clear cut off between each phase of the cycle, therefore I found it difficult to pull the case study apart using this method. Johnston and Nahmad-Williams (2009:365) writes ‘Although Kolbs model is useful to see where refl ection fits into the learning cycle, it does not provide detail about what reflection is and the processes in which it is achieved’ The model of reflection that has been chosen is De Bono’s six thinking hats. This method struck to be the most interesting to myself as it can be quite a visual tool. The hats are referred to by their colour at all times as opposed to their function (De Bono 2000), the reason for this is as De Bono (2000:14) states ‘If you ask someone to give his or her emotional reaction to something, you are unlikely to get an honest answer because people think it is wrong to be emotional’.  Lindon (2012) puts forward that De Bono’s method is a parallel way of thinking, meaning that you are looking and thinking in the same direction yet the direction changes. It helps to give a more rounded viewpoint and helps see things from a different perspective. Dreyer (2012) illustrates this by imagining a house with four people around it, one facing the front, one facing the back and one at either side; All may argue that their viewpoint is the best, but until you walk around and view the house from all four angles you will not be able to have an understanding of different perspectives. Johnston and Nahmad-Williams (2009:365) state that ‘Dewey (1859-1952) was an influential figure in education and viewed reflection as a way of purposeful thinking that is systematic and raises questions and answers’. De Bono (2000) suggests that thinking is imperative in everyday life and no matter how good we think we are we should always strive to be better. De Bono’s six hat model has six aspects the first being the white hat which suggests that you first examine the data you have available, the facts and the figures, in this case Child Ls mum wants to be able to bring her child into nursery earlier than 8:00am as she has to be in work, but thinks it is too expensive to pay for the early sessions, after being told to not come in early, mum still persisted in arriving prior to 8:00am. The second aspect is the red hat which is your intuition, emotions and reaction, in this case feelings were frustration that mum did not want to pay like others, annoyed that she was ignoring me, aggravated she kept bringing child L early, infuriated at the fact that she was not communicating with staff, uncooperative as did not want to help mum and nervous to keep having to tell her repetitively. The third aspect is the black hat which is the negative points of the situation, De Bono (2000) states that this is the most valuable of all of the hats an d should not be seen as a bad hat, it is only to highlight possible risks and potential problems, in this case it is unfair to parents that are paying for the early start and not fair on staff members setting the room up. The fourth aspect is the yellow hat which is the positive aspects of the situation, in this case it is good for parents to test staff members patience as it helps deal with things in future calmly and confidently, having gained knowledge and experience, also that the manager and parent were able to meet half way and come to a conclusion of a joint decision. The fifth aspect is the green hat which summarises and  concludes of events, helping to decide what has been learned and what you will take forward into future practice. In this case it has shown that parents are going to get upset at times and practitioners have to deal with it as effective as possible. In future I would try and resolve the situation myself by coming to a resolution without involving the manager if possible, this way it may have not escalated as quickly as it did. The final aspect is the blue hat which is the evaluation to put the green hat into action. In this case make sure there are parent comment boxes wher e if a parent is unhappy they are able to voice their opinion and feel listened to instead of getting worked up. If it is possible to find an alternative and affordable way to engage struggling parents for example to be able to drop their child off early maybe just five minutes. You may then imagine you were the complete opposite and ask yourself how you would now feel. By going through these different thought processes you are allowing your brain to take a journey to come to a fair conclusion. Having worked through the above reflective model it has highlighted some personal strengths and weaknesses which have been useful to reflect on professional development. Writing a timeline of career progression (appendix 2) has enabled me to look at past practice and focus on the skills gained throughout years of training. This has been a useful method of looking at personal progression. The most enjoyable experience had to be when I worked in Majorca as a children’s representative. Whilst here learnt to tone down my expressive personality, after a hurricane struck I panicked and scared the holiday makers, my manager pulled me into the office and explained that it was very unprofessional and that I needed to control my emotions. Another experience was after returning home, a family that used to attend my previous nursery had informed me of some very upsetting news. They told me that the mother of a 1 month old baby had died. The father asked if I would be interested in becoming their private nanny, after working on the other side of child care in a home environment I was able to see things from a different perspective and can relate to parents in current practice. Many times in life the opportunity have arisen for me to develop and grow as a practitioner. Since being a child my career path has been quite clear and after leaving school I began to study child care, alongside working with children. Looking back it was quite a vulnerable decision as the importance o f childcare was not as  great as now, and after working in several nurseries, learnt that it is hard work. The chance finally came for a promotion to be third in charge of a nursery, after being successful in the position I realised that it was going to be a difficult journey. The job was very rewarding, although the time spent with the children had been halved due to paperwork and other duties, and other practitioners that used to work alongside me were now taking instructions from me. Through this time I began to deal with confrontation, at first the thought was quite daunting but after lots of practice feel very comfortable to approach this. The next step in my career development was a job that I happen to stumble across. I quickly arranged an interview as the money was greater yet the responsibilities cut. The setting was not like one I have worked in, or heard of before as there were lots of deprived children and chance to delve into the social work side of things. In the past my experience has been in upper class nurseries with highly qualified parents such as Lawyers and Doctors. I quickly learned that this was going to bring me lots of experience and after working there for a year and a half I got promoted to a room leader, this is my current situation and have now been working there for four years. Every day I feel I learn something new in my job role and am one of the few people who love my job. Within my duties I attend core group meetings and case conferences, liaise with social workers and other professionals, as well as support the staff in my room with their daily duties and most importantly care for the children within my setting. The team we have is a highly qualified group of people who have all worked there for a long time and enjoy working together. Each staff member has a different personality which helps the nursery see things from different perspectives. Miller (2005) proposes that teams get together by different personalities balancing out so everybody has an input. I have a very bubbly and confident personality yet a colleague of mine is qui te the opposite. It is this balance that helps the staff and parents to feel comfortable and be able to approach individual members of the team with ease to support their personal preference. Manktelow (1995) illustrates you are able to solve different problems using numerous approaches such as ambition, sensitivity, creativity etc. As staff we are able to approach difficulties within our working hours and overcome them giving each other great support. Like Lindon (2012) we work effectively as a team even though there is a hierarchy  everyone is allowed to have their own opinion and are listened to which helps everybody feel positive. All members of the team enjoy attending regular training courses to make sure we are up to date with current practice and procedures. Miller (2005) puts forward that it is important for practitioners to take a critical look at theory and practice when working with children. Regular staff meetings are held and staff appraisals. It is important to be able to give and receive constructive criticism. I recently have started to give the 4 practitioners underneath me appraisals. I find it to be quite difficult to explain that they need to work o n different parts of their practice. This is an area that I need to work on. The praise sandwich is a tactic that my manager explained to me, when you have something negative that you need to discuss with a member of the team, you should start and end by saying something positive. This helps the person to realise that they are acknowledged for the good practice as well as the bad. She also told me to be more of a Swan which was explained to me like this. A swan is a beautiful creature who is relaxed above water, however below the water her feet are going very fast. My manager explained for me to stay calm on the outside in situations even if underneath I am struggling. After researching more about this found a good self reflection tool called SWAN. Jagusiak (2013) writes that it stands for Strength, Weakness, Ambition and Need. She explains that it involves witnessing and examining ones own practice, although you are watching someone else, this will help to analyse and critique any weaknesses. I am proud to be part of the team and feel that we are at the performing stage in our career. Tuckman (1965) cited by Smith (2005) argues that when groups of people come together they go through four separate stages as they meet and establish. These phases are called forming, storming, norming and performing. Forming is when the people in the group are meeting and accepting each other, they tend to test boundaries and figure interpersonal behaviours out. Storming is when they are a bit more comfortable and are able to speak out, question and criticize one another, they feel more comfortable to form conflict. Norming is when the group is established, they have overcome resistance and able to express personal opinions. Performing is the fourth stage where a team work well together, almost complement each other and help one another, roles are well established and performance is high. This is where my team are at the moment. Tuckman later in 1977 proposed an update and added a fifth phase adjourning. This is the stage where tasks are complete, people go their separate ways and group members can disengage. This can be due to retirement or the setting closes. After conducting some individual experiments to see how I work and how I fit into my team, I found that an auditory learning style suits best as the spoken word seems to digest better personally. The Belbin Team Inventory test showed that the implementer stuck out from the rest. I find this to be true as am a very positive person and am motivated and self disciplined. My favourite questionnaire had to be the Honey and Mumfords learning style. After completing this it was found to be quite evenly distributed between all of the aspects, which are the activist, the theorist, the pragmatist and the reflector. My scores were slightly higher in reflector and pragmatist. I am in agreement with this as am very enthusiastic about trying new things out in pract ice, yet able to stand back and view the whole picture before jumping in head first. Lindon (2012) writes once we have highlighted our preferred learning style using many questionnaires there are a number of ways to put these into practice. Completing these self-reflection tests has enabled me to understand more about the person that I am, how I work and what I need to strive to achieve in the near future. Taking this into consideration I have planned for some future development. I thought it would be useful to look at the early year’s standards and aim to develop some aspects of these. With this in mind I have chosen 2.5 Develop and sustain respectful relationships with children and their families. I have chosen this one linking back to my critical incident. It is important to sustain respectful relationships with parents as you have to work in partnership with them on a daily basis. Through these professional relationships comes trust allowing us to fulfil our parents as partner’s ethos. The second aspect I would like to develop is 7.2 take a lead in establishing and sustaining a culture of cooperative working between colleagues and wider professionals. I have chosen this one due to the fact I actively engage with outside agencies and other professionals on a daily basis and would like to make sure that I am continuing this cooperative behaviour. In conclusion I feel that I am a very reflective person. I enjoy receiving constructive criticism, as I like to have goals to work towards and always strive to better myself. I have enjoyed completing this essay as it has highlighted many things about myself I had forgotten along the way, such as how I used to behave and react to problems. By illustrating this it has stated the fact that without knowing I have been learning and developing from the start. I have discovered ways for me and my team to find out more about how we work as practitioners and ways to overcome certain situations like my critical incident. I am proud of my personal achievement and would encourage anyone to work with children as it is a very rewarding path in life. 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(2005). ‘Bruce W. Tuckman – forming, storming, norming and performing in groups, the encyclopedia of informal education. [http://infed.org/mobi/bruce-w-tuckman-forming-storming-norming-and-performing-in-groups/. Accessed: [02.12.13]. Wigens, L (2003) Beginning Reflective Practice, Cheltenham; Nelson thornes Ltd