NOTICE OF SPECIAL MEETING

A meeting is hereby called to discuss the creation of the Trust on {{TODAY}}, pursuant to the Common Law History of Contracts of the United States of America at 9:00 a.m. in {{TRUST_ACCOUNTBILLINGCOUNTY\* Lower}} County, .

Your attendance will be greatly appreciated.

Cordially

Settlor

Proxys

MINUTES OF A SPECIAL MEETING TO

CREATE AN EXPRESS, NON-
GRANTOR TRUST BY PRIVATE
CONTRACT

To Whom it May Concern:

On {{TODAY}}, a special meeting was convened in

{{TRUST_ACCOUNTBILLINGCOUNTY\* Lower}} County,

{{TRUST_ACCOUNTBILLINGTATE\* Lower}} to arrange for the creation of an Express, “Non-Grantor” Trust under and pursuant to the Common Law History of Contracts of the United States of America.

The following people were in attendance at said meeting:

{{TRUST_SETTLOR_NAME}}, Settlor (by Proxy)

{{TRUST_PROXY_NAME}}, Proxy

{{TRUST_TRUSTEE_NAME}}, (proposed) Trustee, and

{{TRUST_TRUST_PROTECTOR_NAME}}, (proposed) Trust Protector.

The meeting was called to Order at 9:00 a.m.

After due consideration by all in attendance, it was agreed that:

• An Express, Non-Grantor (and not “Self-settled”), Irrevocable, Complex, Discretionary, Dynasty, Spendthrift Trust (referred to hereinafter as the “Trust”) would be created;
• That the name of the Trust so created will be the “{{TRUST_NAME}} TRUST” unless and until such time as it shall be changed in accordance with the provisions of the Trust Agreement;
• The Trust shall be created under and pursuant to the Common Law of Contracts of the United States of America which, in Article IV, Section 1 of its Constitution, guarantees that full Faith and Credit shall be given in each State thereof to the public Acts, Records and Judicial Proceedings of every other State thereof;
• The situs of the Trust shall be in these united states of america [sic], the geographic region, and not the Country or Corporation.
• The initial Trustee of the Trust shall be {{TRUST_TRUSTEE_NAME}}, subject to the sole and absolute at-will discretion of the Trust Protector named below to remove and/or replace the Trustee and/or to name one or more Co-Trustee(s) or Independent Trustee(s) to serve along with said initial Trustee;
• The initial Trust Protector of the Trust shall be
• {{TRUST_TRUST_PROTECTOR_NAME}}.
  • The Settlor intends to ensure that the Trust Agreement vests considerable authority and power in the Trustee(s) with respect to the exercise of control over: (1) the Property owned by the Trust; (2) the distribution or retention of the Trust’s principal and income (including decisions to be taken upon the sole discretion of the Trustee which may exclude one or more Beneficiaries, or be made to the Beneficiaries in unequal shares); (3) the negotiation of the terms and conditions of the purchase or sale of assets by the Trust; (4) other aspects of the administration of the Trust; (5) decisions about hiring Tax Professionals, Counsel to the Trust, and other advisors; and (6) and other matters which, if not exercised or taken in a manner consistent with being a wise, impartial, fiduciary whose most important priority is to ensure that the administration of the Trust is carried out in accordance with the Settlor’s intentions, could result in substantial loss or other damage on the part of one or more Beneficiaries. In general, then, the Settlor has provided for a Trust Protector, primarily, to protect the Beneficiaries, born and unborn as of the date hereof, to the greatest possible extent, from the action or inaction of a Trustee who, or that, proves to be unwise, unethical, inattentive, selfish, lacking in necessary knowledge, adversarial to the best interests of the Beneficiaries, or who in any other way or manner handles the responsibilities and duties of his, her or its role as Trustee in any manner that the Trust Protector, in his or her sole and absolute discretion, deems to be inconsistent with the Settlor’s purposes in creating the Trust.
  • The Trust Protector shall not be deemed to be a fiduciary and shall not be held accountable to standards typically associated with fiduciaries. Nevertheless, given the extreme importance of the Trust Protector’s role, the Settlor implores the Trust Protector to exercise his limited powers, which will be set forth in the provisions of the Trust Agreement, in good faith, and in a manner that demonstrates respect for the intentions of the Settlor and the best interests of the Beneficiary(ies).
• The identities of the Beneficiary(ies) of the Trust will be recorded in a “Registry of Beneficiaries” to be attached as Schedule “B” to the Trust Agreement, and which identities shall, at all times hereafter, be subject to the sole and absolute at-will discretion of the Trust Protector.
• As of the date hereof, the mailing address for the Administrative Office of the Trust shall be . The Trustee shall have the authority, exercisable at any time and from time to time that the Trustee, in his, her, or their sole and absolute discretion, deems to be consistent with the best interests of the Beneficiary(ies), to change said mailing address, and, therefore, the choice of State law to which the administration of the Trust shall be subject.

{{TRUST_SETTLOR_NAME}}, {{TRUST_PROXY_NAME}},

PROXY

THIS DECLARATION OF TRUST (this “Agreement” or “Trust Agreement”) is made on this date, {{DATE OF TRUST}}, by and between {{TRUST_SETTLOR_NAME}} (“Settlor”), {{TRUST_TRUSTEE_NAME}} (“Trustee”) and {{TRUST_TRUST_PROTECTOR_NAME}} (“Trust Protector).

The Trustee(s) and Trust Protector are hereby delegated with the authority to act on behalf of the {{TRUST_NAME}} TRUST as provided in this Agreement, and in consideration of the mutual promises and obligations set forth herein, the receipt of which is acknowledged and deemed by all parties hereto to be sufficient, the Settlor, Trustee, and Trust Protector sui juris hereby agree as follows:

• Settlor may never remove property from the Trust or take back property that Settlor has assigned, conveyed, or transferred to the Trust.
• Settlor may not ever change any term, condition, or provision of this Agreement after its execution on the date hereof.
• Settlor may not ever be a Beneficiary of the Trust and may not ever hold any beneficial interest or ownership interest in the Trust Property.
• Settlor may not ever be a Trustee or Trust Protector of this Trust.
• Settlor may not ever have, or exercise, any power, authority, or discretion with respect to any income earned on the Trust Property, any asset held as part of the corpus of the Trust Property, any account held in the name of the Trust, or over any use or distribution of any income or principal whichever constitutes part of the Trust Property by, to, or on behalf of, any Beneficiary or any other person or party.

2.1 DECLARATION OF TRUST: The Settlor has established the Trust created pursuant to this Agreement (this “Agreement”) for the purpose of forming an express non-grantor, irrevocable, complex, discretionary, dynasty, spendthrift “Personal (Family)” Trust that is not self-settled. Further, it is the Settlor’s intention to ensure that the provisions of this Agreement will satisfy the Common Law requirements, and also whatever additional qualifications and considerations as are, or may be, set forth in the Uniform Trust Code, various income tax Codes, and other applicable references, of trusts that are properly classified as “dynasty” and “spendthrift” trusts. Lastly, the Settlor declares that, where possible, the Settlor has provided sufficient discretion to the Trustee and the Trust Protector, so that the Trustee as a fiduciary, and the Trust Protector as a non-fiduciary, are empowered to respond to facts and circumstances as they change over time with regard to the sources and varieties of the Trust’s income and principal, the opportunities, objectives, and needs of the Beneficiary(ies), and the then-current status of tort, contract, tax, equity, and other bodies of law to which the Trust’s provisions, property, and activities are, or may become, subject in such ways as are always in the best-possible interest of the Beneficiary(ies) without risk to the Trust’s status as a non-grantor, irrevocable, complex, discretionary, spendthrift, Express Trust that is not self-settled.

2.2 IRREVOCABILITY: The Trust is irrevocable. Neither the Settlor nor any other party (excepting only the Trust Protector when acting in accordance with the provisions of Article VI and Schedule “6.4”, hereof) may modify or amend the Trust.  In no event whatsoever may any part of the Trust Corpus ever revert to the Settlor.

3.1 ACCEPTANCE OF TRUST: Trustee(s) accepts the duties that have been appointed through the Settlor and the property that has been conveyed, transferred, assigned, and delivered to the Trustee, Successors in trust. The aforementioned property is described in Schedule “1.2” and may include other property that is held by the Trustee, all of which shall be referred to as the “Trust Corpus”.

3.2 TRANSFER OF PROPERTY IN TRUST: All transfers of property described in Schedule “1.2” consist of but are not limited to property that has been transferred by last will and testament, bestowal, gift, donation, income, public and/or private benefits, retirement policies or accounts, securities, insurance policies, royalties, contractual rights, intellectual property rights or any other intangible or tangible asset of value. All property transferred by any of these methods is irrevocable in nature and the individual or transferor surrenders all rights, interest, and ownership of the property in compliance with the terms and conditions of this agreement.

GIFTS INTO THE TRUST: All gifts made to the Trust shall be treated as completed gifts.

TRUSTEE ACCEPTANCE: By execution of this Agreement, Trustee(s), accepts the duties and obligations that come with being appointed and acknowledges that acknowledges that Settlor has settled upon the assets described in “Schedule 1.2a”.

TRUSTEE ACCEPTANCE: By execution of this Agreement, Trustee(s), accepts the duties and obligations that come with being appointed and acknowledges that acknowledges that Settlor has settled upon the assets described in “Schedule 1.2a”.

• NAME OF THE TRUST: The Trust constituted by this Agreement shall be known as the {{TRUST_NAME}} TRUST, by its Trustee, {{TRUST_TRUSTEE_NAME}}.
• IDENTIFICATION OF THE TRUSTEE: The initial Trustee of the Trust created hereby shall be {{TRUST_TRUSTEE_NAME}}.
• ADMINISTRATIVE OFFICE ADDRESS: As of the date hereof, the Administrative Office address for the Trust shall be .
• COMMERCIAL TRANSACTIONS: In the name of the Trust, the Trustee and the appointed Trust Officers, if any have been so appointed, may engage in any and all lawful activities under the original American law (including equity law, case law, and system of commercial law in the American states); and may perform all acts they consider to be necessary in furtherance of any and all such activities. The powers, activities, and duties of the Trustee(s) are more specifically set forth below.

3.5 DESCRIPTIVE REFERENCE: The following descriptive reference to the Trust created pursuant to this Agreement shall be deemed reasonably sufficient and effective to identify it in Deeds, account registrations, beneficiary designations, and for all other intents and purposes:

{{TRUST_TRUSTEE_NAME}}, Trustee, or

{{TRUSTEE_GENDER_HIS_HER}} successors in trust, under the

{{TRUST_NAME}} TRUST, dated {{TODAY}}, and any amendments thereto.

This Trust is now assigned as the “{{TRUST_NAME}} TRUST” and {{TRUST_TRUSTEE_NAME}} is the designated Trustee of the Trust, which is dated {{TODAY}}. This Trust has been created for the benefit of the Beneficiary(ies) (both born and unborn), for the protection of assets, furthering the administrative purposes of the Trust, ensuring efficient administration and management of the Trust, capitalization on specific opportunities for the Trust, receivership of any funds, accepting and managing assets both tangible and intangible, ensuring property transfer of property into the trust, negotiation of, management of, and other administration of, intellectual property and Intellectual Property rights (including licensing, royalties, and other income streams of IP that create passive income to the Trust), and identifying the fiduciary responsibilities of the Trust to any Beneficiary, or pay-on-death designation. Beneficiaries of this Trust Agreement shall have no right to demand the immediate use, possession, or enjoyment of the property transferred into the Trust, or to any income from the property in any way, and under no circumstances shall any Beneficiary possess any legal title to any property or assets of the Trust. Any decision to permit any Beneficiary to use, possess, or enjoy any property or asset owned by this Trust, at any time, shall be taken, or not taken, at the sole and absolute discretion of the Trustee.

The Trustee(s) shall make decisions based on execution of the purposes as enumerated in Schedule "4.0" attached hereto and incorporated herein as if it were included here in full.

Any property conveyed to Trustee(s) or the Successor Trustee(s) in the Trust, shall be held by the Trustee under the terms of this declaration and agreement. The Initial Trustee is named in Schedule "5.0a"- Registry of Trustees, and all Successor Trustee(s), once stepping into this fiduciary role, are enumerated in Schedule “5.0b” - Registry of Successor Trustees. The acceptance of this role is signified by the notarized and recorded signature of the Trustee who shall be solely responsible for acting in accordance with this Declaration of Trust. Trustee(s)’ actions shall conform to the limits of the powers that have been delegated to the Trustee in Schedule "5.0".

5.1 BOARD OF DIRECTORS: The Trustee shall be authorized, but shall not be required, to appoint a Board of Directors to advise and assist the Trustee.

• If such a Board of Directors is appointed, it shall consist of such number of Directors as shall seem fitting and useful in the Trustee’s sole and absolute discretion.
• The Directors shall have only such authorities as shall be granted to them by the Trustee, in the Trustee’s sole and absolute discretion, and their collective role shall be that of an advisor to the Trustee, helping the Trustee as the Trustee deems fitting and useful in the fulfillment of the Trustee’s duties as a fiduciary, and in the use and execution of the various powers and authorities provided herein to the Trustee
• Neither the Board of Directors itself, if one is appointed, nor the individual Directors appointed as members of it, shall be deemed to be fiduciaries, and all of the duties owed to the Trust by the Trustee, as a fiduciary, and the powers and authorities granted to the Trustee herein, shall be deemed to be owed, and held, by the Trustee only.
• The Trustee may pay the Directors, if any are appointed, reasonable compensation and expenses for the services performed by them.

5.2 NO RIGHT TO CLAIMS: The Trustee may not at any time while holding office, own or claim ownership of Personal or fair interest in the Trust or any part thereof.

5.3 COMPENSATION OF TRUSTEE: The Trustee may receive compensation for performance that is reasonable and may be reimbursed for any and all expenses that were necessary in performance of duties as a fiduciary officer. Corporate fiduciary officers who serve in the capacity of Trustee shall be compensated reasonably according to the agreement established with the individual who is appointed as the Trustee. If no such agreement exists or is considered valid or legally enforceable, Trustee shall be compensated according to the Fiduciary services published and established schedule of fees. Additional duties that are fulfilled which are not in the designated duties of the Trustee may be compensated except for fees for services that the Trustee should provide within the performance of duties. These services consist of legal services, tax return preparation, wealth management services and corporate finance or investment banking services. In addition to receiving compensation, the Trustee may be reimbursed for reasonable costs and expenses incurred in carrying out its duties under this agreement.

5.4 CORPORATE FIDUCIARIES: Any corporate fiduciary serving under this agreement as a Trustee must be a bank, a Wyoming Private Trust Company, or public charity that is qualified or licensed to act as a fiduciary under applicable law and that is not related or subordinate to any Beneficiary(ies) (except in the case of a Wyoming Private Trust Company which, by definition, are managed by the Beneficiary(ies). Any corporate fiduciary that is NOT a Wyoming Private Trust Company, serving under this agreement as a Trustee, must have a combined capital and surplus of at least Ten Million Dollars ($10,000,000.00) or maintain in force a policy of insurance with policy limits of not less than Ten Million Dollars ($10,000,000.00) to cover any errors and omissions of the Trustee, with a solvent insurance carrier who is licensed to do business in the state in which the Trustee has its corporate headquarters, or have at least an amount of One Hundred Million Dollars ($100,000,000.00) in assets that are under management.

5.5 NO BOND REQUIRED OF THE TRUSTEE(S): At no time while the Trustee is acting as an appointed Officer of the Trust, shall the Trustee be required, obligated, compelled, or ordered to obtain any bond to secure the faithful performance of the Trustee’s duties as a Trustee.

5.6 LIABILITY OF TRUSTEE: No surety bond shall be required to secure the performance of the Trustee or Successor Trustee(s) in their respective role and responsibility as Trustee. Any liability to the Trustee shall be due to their own gross negligence or acts of bad faith.

5.7 DISPOSITION OF PRINCIPAL AND INCOME: Trustee shall administer and manage the Trust Estate and collect the income therefrom. The Trustee shall use any and all income collected for: payment of all taxes and assessments thereon; payment of all Trust business expenses; and payment of all charges incident to the management of the Trust Estate (collectively referred to as the "gross valid Trust expenses"). The “net income” of the Trust shall be determined by subtracting the gross valid Trust expenses from the gross income collected in the Trust Estate.

• INCOME DERIVED FROM CAPITAL GAINS OR PASSIVE INCOME: After paying all gross valid Trust expenses, the Trustee must exercise the Trustee's discretion to allocate any and all of the net income of the Trust Estate that came from capital gains and/or passive income derived from assets held in the corpus of the Trust, to the Trust's corpus, without distributing any portion thereof to any Beneficiary(ies).
• INCOME DERIVED FROM ACTIVE INCOME: In the event that any portion of the net income of the Trust Estate is derived from “Active Income” (whether earned directly in the Trust Estate or whether earned in another Trust and passed through to the Trust Estate), then the Trustee may use the Trustee's discretion to determine whether to: retain such portion of the net income in the Trust corpus; whether to distribute such portion of net income to the individual who will receive a 1099 for that income; or, whether to distribute such portion of the net income derived from Active Income of the Trust Estate to one or more Beneficiary(ies). If the Trustee(s) chooses to distribute any portion of the net income of the Trust Estate derived from active income to any one Beneficiary, the Trustee shall not be required to distribute shares of such active income to all Beneficiaries equally, or to distribute any share at all to any one or more Beneficiaries.
• DISTRIBUTION(S) FROM TRUST CORPUS: Should the Trustee determine, in his, her, or its sole and absolute discretion, that it is in the best interest of any Beneficiary or all Beneficiaries (including any unborn Beneficiaries) for the Trustee to make discretionary distributions of any portion of the principal of the Trust Property to any Beneficiary(ies), then the Trustee shall, in his, her, or its capacity as a fiduciary, ensure that no portion of the Trust's corpus which has been derived from capital gains income and/or passive income that was declared to be an extraordinary dividend until after all other portions of the Trust's corpus have been distributed so as to minimize any negative income tax consequences to the Trust, or to any Beneficiary. At no time shall the Trustee exercise this power of the distribution from corpus would result in distributing any monies resulting from a declaration of extraordinary dividends in less than one year and one day from the date the monies were added to corpus.
• DISQUALIFIED BENEFICIARY: The Trustee shall not make any discretionary distribution of income or principal from the Trust Property directly to any natural or legal person who is a “Disqualified Beneficiary” at the time such distribution is to be made. Any share of any such discretionary distribution that would have been paid to such person had he, she or it not then been a Disqualified Beneficiary shall be applied to, and shall augment, the principal or income of the remaining Beneficiary(ies) or remain in the corpus at the absolute and sole discretion of the Trustee. Should the Trustee feel that circumstances justify reinstatement of any disqualified Beneficiary's privilege to receive principal or income that such Beneficiary would have received hereunder but for a prior disqualification, the Trustee may, in the Trustee's absolute and sole discretion, restore to that Beneficiary the right to receive the principal and income to which he or she was originally entitled under the terms of this Trust.
• BENEFICIAL INTERESTS ARE NOT TRANSFERABLE: The beneficial interest of a Beneficiary in the principal or income of the Trust Property shall not be voluntarily or involuntarily transferred or assigned to any other party, and any attempt to complete such a prohibited assignment or transfer shall be disregarded, and if already completed when discovered, then nullified and rendered void and of no effect.

5.8 ALLOCATION OF PRINCIPAL AND INCOME: The Trustee shall have the sole authority to determine, within the Trustee’s discretion, what qualifies as principal of the Trust (corpus) and what constitutes gross and/or net income from the Trust. The Trustee shall also have the sole authority to determine what qualifies to be distributed within the purpose of the Trust unless otherwise specified in this Trust Indenture.

The term “income”, when not used in conjunction with (or preceding) the words “taxable”, “undistributed net” or “gross” shall mean the income amount of the Trust for the current tax year. Provided such income was derived from assets held in the corpus of this Trust, and such income came from passive activities (including, but not limited to, licensing of intellectual property rights held by the Trust, royalties, rent and lease income, and income from other types of investments held by the Trust), Trustee shall be required to use Trustee’s discretionary power to declare such income as “extraordinary dividends”. All income which the Trustee declares to be extraordinary dividends pursuant to this Trust instrument, including any stock dividends paid to the Trust, must be allocated to the Trust corpus by the Trustee, as allowed by local law. Trustee has a fiduciary responsibility and obligation to determine, in Trustee’s sole discretion, that the net income of the Trust which came from passive sources of activity, is allocated to the corpus of the Trust, and declared as extraordinary dividends. 

5.9 CAPITAL GAINS: Trustee shall be obligated and bound by Trustee’s fiduciary responsibility to allocate all gains from the sale or exchange of capital assets (such as but not limited to, real estate, property, and the like, held in the corpus of the Trust) to the corpus of the Trust. Under no circumstances shall the Trustee use Trustee(s) discretionary power to allow any capital gains earned by the Trust to be:

• Paid, credited, or required to be distributed to any Beneficiary during any taxable year, or
• Paid, permanently set aside, or used for charitable purposes.

Any losses that result from the sale or exchange of capital assets shall be excluded from the determination of the Trust’s Distributable Net Income calculation, except to the extent that such losses are taken into account to determine the amount of capital gains from the sale or exchange of capital assets which are paid, credited, or required to be distributed to any Beneficiary(ies) during the taxable year. 

Any discretionary distribution the Trustee makes to any Beneficiary from the corpus of the Trust shall be taken first from portions of that corpus that were derived or obtained from sources other than capital gains until all such other sources available to the Trustee to fund such discretionary distributions have been exhausted. In order to make certain that records exist to allow the Trustee to comply with this provision, the Trustee shall ensure that accounts exist within the Chart of Accounts used to record and categorize the accounting records of the Trust which are sufficiently complete to allow accurate determinations of what portions of the corpus of the Trust Property were derived or obtained from capital gains to be made.

5.10 EXTRAORDINARY DIVIDENDS AND TAXABLE STOCK DIVIDENDS: Trustee shall not distribute monetary credit(s) or benefits to any Beneficiary(ies), from any items of gross income which qualify or constitute extraordinary dividends or taxable stock dividends. Trustee is required to use Trustee’s discretionary power to allocate all such items of gross income to the corpus of the Trust. The Trustee is obligated and has a fiduciary responsibility to comply with this rule.

5.11 EMPLOYMENT OF PROFESSIONALS: Trustee may appoint, employ and remove, at any time and from time to time, investment advisors, accountants, auditors, depositories, custodians, brokers, consultants, attorneys, expert advisers, agents, and employees to advise or to assist the Trustee in the successful performance of its duties. Trustee may act upon the recommendations of the persons or entities employed with or without independent investigation. Trustee may reasonably compensate an individual or entity employed to assist or advise Trustee regardless of whether that person or entity shall be a Trustee of a trust established under this agreement or a corporate affiliate of a Trustee and regardless of whether the entity shall be one in which a Trustee of a trust created under this agreement is a partner, member, stockholder, officer, director, or corporate affiliate or has any other interest. Trustee may pay the usual compensation for services contracted for under this Section out of the principal or income of the trust as Trustee may deem advisable. Trustee may also pay compensation to an individual or entity employed to assist or advise Trustee without diminution of or charging the same against the compensation to which the Trustee is entitled under this agreement. Any Trustee who shall be a partner, stockholder, officer, director, or corporate affiliate in any entity employed to assist or advise Trustee shall nonetheless receive the Trustee’s share of the compensation paid to the entity without that compensation being construed as a conflict of interest.

5.12 AUTHORITY TO TERMINATE TRUSTS.The Trustee may at any time determine that the Trust created under this agreement is no longer beneficial, economically sound, or in the best interest of the Beneficiary(ies).  In the event of that determination, the Trustee may terminate the Trust and distribute all property including any net income that remains undistributed to the Beneficiary(ies). The order of distribution is according to the following:

• To the Beneficiary(ies) then entitled to mandatory distributions of net income of the Trust and in the same proportions; and
• If none of the Beneficiary(ies) are entitled to a mandatory distribution of net income, to the Beneficiary(ies) then eligible to receive discretionary distributions of net income of the trust, in such amounts and shares as Trustee may determine.

5.13 CAPACITY OF A TRUSTEE(S): It shall not be necessary for an individual serving as a Trustee hereunder who becomes incapacitated (as defined hereinbelow) to resign as Trustee. Such incapacitated individual’s power and authority to exercise the duties and obligations of a Trustee hereof shall terminate immediately upon the determination that such individual is, or has become, incapacitated pursuant to the applicable provisions of this Agreement.

5.14 REMOVAL OF TRUSTEE: The Beneficiary(ies) shall have no power or authority to remove or replace any Trustee from office or to delegate any power or authority to any Successor Trustee(s). Only the Trust Protector shall have the power and authority to remove or replace a Trustee.

5.15 NOTICE OF REMOVAL AND APPOINTMENT: Notice of removal shall be in writing and delivered to the Trustee who is being removed and to any other Trustee(s) serving at the time. The notice of removal shall be effective in accordance with the provisions and specifications written in the notice. The appointment shall of a Successor Trustee shall become effective when the Successor Trustee accepts his or her duties. A copy of these notice shall be attached to the Agreement and may only be delivered by the Trust Protector to the Trustee(s) in writing by certified mail courier, delivery service, or any other accepted legal manner.

5.16 RESIGNATION OF TRUSTEE AND APPOINTMENT OF SUCCESSORS: If it appears desirable to Trustee to do so, any Trustee may resign, by an instrument of writing and any remaining Trustee(s) shall continue to serve uninterrupted. Trustee’s resignation shall be delivered in written notice directly to the Trust Protector. The Trust Protector shall appoint a Successor Trustee within thirty (30) days of the Trustee(s) date of resignation.

5.17 SUCCESSOR TRUSTEE(S): Any Successor Trustee(s) under this Trust Indenture shall have all the powers and duties of the Trustee hereunder. Upon the appointment of such Successor Trustee(s), any attorney-in-fact, representative agent, authorized representative, custodian, or depository of the property comprising the Trust shall forthwith become the same for such Successor Trustee(s) without the necessity of executing or filing any papers or any further act.

5.18 RIGHTS AND OBLIGATIONS OF SUCCESSOR TRUSTEE(S): Each Successor Trustee serving under this agreement, whether corporate or individual, shall have all of the title, rights, powers, and privileges granted to the initial Trustee named in this Agreement. In addition, each Successor Trustee shall be subject to all of the restrictions imposed upon and obligations and duties, discretionary and ministerial, given to the initial Trustee named in this Agreement.

5.19 EXONERATION OF TRUSTEES: No Successor Trustee is obligated to examine the accounts, records, or actions of any previous Trustee(s) or the personal representative of the estate. No Successor Trustee shall be in any way or manner responsible for any act or omission to act on the part of any previous Trustee(s) or the personal representative of the estate. Unless a Trustee has received notice of removal, that Trustee shall not be liable to any Beneficiary(ies) for the consequences of any action taken by the Trustee(s) that would have been, but for the prior removal of the Trustee(s), a proper exercise by such Trustee(s) of the authority granted to the Trustee(s) under this agreement. Any Trustee may request and obtain from the Beneficiary(ies) or from their legal representatives, agreements in writing releasing that Trustee from any liability that may have arisen from prior Trustee(s)’ acts or omissions to act and indemnifying that Trustee from liability for the acts or omissions. An agreement described in this paragraph, if acquired from all the living Beneficiary(ies) of the trust or from their legal representatives, shall be conclusive and binding upon all parties, born or unborn, who may have, or may in the future acquire, an interest in the trust. Any Trustee may require a refunding agreement before making any distribution or allocation of trust income or principal and may withhold distribution or allocation pending determination or release of a tax lien or other lien.

5.20 DECANTING:

• The Trustee shall have the express power to accept or receive any property distributed to the Trust pursuant to the exercise of a power to distribute income or principal which is provided to the trustee(s) of any other trust in the governing instrument of such other trust as an addition to the principal of the Trust, and to hold, invest, and re-invest the same as if such property had been a part of the original Trust Estate of this Trust.
• Subject only to the then-applicable laws of the State that is, at any particular time in question, deemed to be the administrative situs of this Trust, the Trustee hereunder shall also have the express power to exercise his or her power to distribute income and principal to or for the benefit of any Beneficiary of the Trust by distributing (“decanting”) any portion, or all, of such income and/or principal to the trustee(s) of any other trust (referred to hereinafter as the “Receiving Trust”) for the benefit of one or more of such Beneficiaries. The Receiving Trust may have such terms and provisions as are permitted by the then-applicable laws of such State and as the Trustee, in the Trustee(s)’s sole and absolute discretion otherwise, deems appropriate; provided, however, that the terms and provisions of the Receiving Trust shall not provide any Beneficiary hereof, or any beneficiary of the Receiving Trust, with a general, or any limited, power of appointment with respect to the principal or income of the Receiving Trust.  An acknowledgment of receipt by the trustee(s) of the Receiving Trust shall be a full discharge of the Trustee hereunder for any property so distributed.

5.21 CONTRIBUTIONS FROM (TAXABLE) GROSS INCOME TO CHARITIES: The Trustees may make any contribution or gift, in any amount and at any time, from the taxable gross income of the Trust (as such taxable gross income is calculated for federal and state income tax purposes from tax year to tax year), in cash, or by check, credit or debit card, or wire or electronic transfer, or to any Charity or Charities recognized as (a) “Non-Profit Organization(s)” by any taxing authority to which the Trust is required to submit an annual income tax return, and claim a deduction as is permitted by such authority on any such return.

5.22 OTHER POWERS AS PERMITTED BY THE UNIFORM TRUST CODE: In addition to the powers enumerated in this Article, hereinabove, the Trustee shall have the power to do all such acts, take all such proceedings and exercise all such rights and privileges in the management of the Trust Property as are set forth in Sections 815 and 816 of the Uniform Trust Code and not expressly prohibited to trustees of trusts

5.23 SUCCESSOR TRUSTEE(S): The Successor Trustee(s) shall be named in Schedule "5.0b" - Registry of Successor Trustee(s). Said Appointment as a Successor Trustee is not effective until the data listed as the "Acceptance Date”. On the "Acceptance Date", the Successor Trustee shall step into the role of Successor Trustee and shall serve in this Fiduciary role, unless and until he/she/it shall resign, become legally incompetent, die, or be removed by the Trust Protector. Upon the resignation or death, or the prior determination by a Court of Competent Jurisdiction that the Trustee is not legally competent to fulfill the Trustee’s responsibilities as set forth herein, the next Successor Trustee listed in Schedule "5.0b" shall become the Trustee and shall, thenceforth, possess all of the powers, rights, and discretions given herein to the holder of such position automatically and without any mandate to convey, transfer, or do so under an order of the court.

6.1 TRUST PROTECTOR: The initial Trust Protector of the {{TRUST_NAME}} TRUST shall be listed in Schedule “6.1a” – Registry of Trust Protector(s), and all Successor Trust Protector(s), once they step into power in this Non-Fiduciary role, shall be listed in Schedule “6.1b”. The acceptance of this role is signified by the notarized and recorded signature of the Trust Protector who shall be solely responsible for monitoring the Trustee(s) and other Trust Officers, adding and removing Trustee(s) and/or Beneficiary(ies), and amending this Trust Instrument should it become necessary to do so, all in accordance with this Article.

6.2 NOT A FIDUCIARY: The Trust Protector shall not be deemed to be a fiduciary and shall not be held accountable to standards typically associated with fiduciaries. Nevertheless, given the extreme importance of the Trust Protector’s role, the Settlor implores the Trust Protector to exercise his or her limited powers, as set forth below, in good faith, and in a manner that demonstrates respect for the intentions of the Settlor and the best interests of the Beneficiary.

6.3 TRUST PROTECTOR MAY NOT BE A BENEFICIARY: No person who is acting as the Trust Protector of this Trust shall be a Beneficiary hereof or hold any Beneficial Interest herein.

6.4 POWERS OF TRUST PROTECTOR: The Trust Protector shall have the powers enumerated in Schedule “6.4” which is incorporated herein as if it were set forth in full in this Trust Indenture. Each of the Trust Protector’s powers shall be exercisable in his, her, or its sole and absolute discretion.

6.5 SUCCESSOR TRUST PROTECTOR: The Successor Trust Protector shall be named in Schedule "6.1b" - Registry of Successor Trust Protectors. Said Appointment as a Successor Trust Protector is not effective until the date listed as the "Acceptance Date". On the "Acceptance Date", the Successor shall step into the role of Successor Trust Protector and shall serve in this Non-Fiduciary role, unless and until he/she/it shall resign, become legally incompetent, die, or be removed by another Trust Protector then in power. Upon the resignation or death, or the prior determination by a Court of Competent Jurisdiction that the Trust Protector is not legally competent to fulfill the Trust Protector’s responsibilities as set forth herein, the next Successor Trust Protector listed in Schedule “6.1b” shall become the Trust Protector and shall, thenceforth, possess all of the powers, rights, and discretions given herein to the holder of such position automatically and without any mandate to convey, transfer or do so under an order of the court.

The Beneficiary(ies) of the {{TRUST_NAME}} TRUST shall be identified and listed on the Registry of Beneficial Interest Holders attached to this Agreement as Schedule “7.0a”, made a part hereof, and as the same may be modified or amended by the Trust Protector at any time, or from time to time, after the date hereof. The name(s) of the Beneficiary(ies) and any other information which is contained in said Schedule “7.0a” shall be deemed for all intents and purposes to be private, and neither the then-current Schedule “7.0a”, nor information contained in it shall be made available for review by any third-party entity, corporation, or natural or legal person, except as shall be expressly required by applicable law or the Order of a Court of Competent Jurisdiction. The following conditions govern the provisions for any Beneficiary(ies):

7.1 DISTRIBUTIONS TO BENEFICIARY(IES): The Trustee may apply any property that could be distributed directly to a Beneficiary for the benefit of such Beneficiary whenever the Trustee decide to make a discretionary distribution of income or principal to such Beneficiary. Trustee shall have no responsibility to inquire into ultimate disposition by such Beneficiary of the income or principal so distributed unless specifically directed to do so by this Agreement. Trustee may make distributions in cash or in kind, or partly in each, in proportions and at values to be determined by the Trustee. Trustee may not allocate undivided interests in specific assets to a Beneficiary or to a trust created for such Beneficiary. Trustee may make these determinations without regard to the income tax attributes of the property and without the consent or approval of any Beneficiary.

7.2 ADMINISTRATION FOR UNDERAGE AND INCAPACITATED BENEFICIARY(IES): Whenever a Trustee is authorized or directed to make a distribution to any Beneficiary who is under the age of Twenty-One (21) years, is incapacitated or is, in the sole and absolute discretion of the Trustee, unable to wisely manage the distribution properly for whatever reason, Trustee may either make the distribution to a guardian for such Beneficiary, or retain the amount to be distributed in any manner Trustee determines to be advisable, including any of the methods set forth herein. To the extent it is both reasonable and possible, the Trustee shall consider the ability such Beneficiary has demonstrated in successfully managing prior distributions of Trust Property before making a distribution to any Beneficiary. If no previous distributions have been made to such Beneficiary, the Trustee shall determine whether to make such initial distribution directly to such Beneficiary, or not, in the context of whatever information may be reasonably available to the Trustee from such source(s) as the Trustee, in his, her or their sole and absolute discretion, shall deem to be appropriate or sufficient.

7.3 BENEFICIARY(IES) STATUS: Until the Trustee receives written or verbal notice of the incapacity, birth, marriage, death, disability, incompetency, disappearance, or any other event that would impact a Beneficiary’s right to receive a distribution or payment from the Trust, Trustee shall not be liable for acting or for failing to act with respect to the event or for distributions made in good faith to persons whose interest may have been affected by such event. Unless otherwise provided in this agreement, the parent or legal representative of an individual who is a minor or an individual who is incapacitated may act on behalf of such a Beneficiary. Trustee may rely on any information provided by a Beneficiary, or the parent or legal representative of such Beneficiary, with respect to the Beneficiary’s assets and income as part of determining whether to make any discretionary distribution, or not. Trustee shall have no duty to independently investigate the status of any Beneficiary prior to making any discretionary distribution and shall have no liability whatsoever for either failing, or determining, not to complete any such independent investigation.

7.4 DEATH OF BENEFICIARY(IES); ACCRUED AND UNDISTRIBUTED INCOME: Upon the death of any Beneficiary who holds a beneficial interest in this Trust, any accrued or undistributed net income thereon shall be held and accounted for, or distributed, in the same manner as if it had been accrued or received after the death of such Beneficiary.

7.5 FUNERAL AND OTHER EXPENSES OF BENEFICIARY: Upon the death of an Income Beneficiary, Trustee may, but shall not be required to, pay the funeral expenses, burial or cremation expenses, enforceable debts, or other expenses which become payable as a consequence of such Beneficiary’s death from the Trust Property. Trustee may, but shall not be required to, rely upon any request by the personal representative, or any member of the family of the deceased Beneficiary the Trustee deem, in his, her or their sole and absolute discretion, to be credible and trustworthy, that the payment of any such cost or expense is warranted without verifying the validity or the amounts previously issued to that Beneficiary and without being required to see to the application of the amounts so paid. Trustee(s) may make decisions under this Section without regard to any limitation on payment of expenses imposed by statute or rule of any court and those decisions may be made without obtaining the approval of any court having jurisdiction or obtaining the approval of any court having jurisdiction over the administration of the deceased Beneficiary’s estate. Funeral services may be purchased from any Funeral Home or Mortuary Service and Trustee may rely upon any request by the personal representative or members of the family of the deceased Beneficiary to select such services. The Trustee may also rely on the family of the deceased Beneficiary to select the cemetery or mausoleum for the interment of his or her remains.

7.6 SURVIVORSHIP: Except as is otherwise expressly provided herein to the contrary, in the event any Beneficiary’s right to receive any property hereunder is dependent on the survivorship of some other person, and such Beneficiary shall die within thirty (30) days after the death of such person, such Beneficiary shall be deemed predeceased such other person.

7.7 NOTICE OF EVENTS: Until Trustee shall receive from some person interested in this Trust, written notice of incapacity, birth, marriage, death, disability, incompetency, disappearance, or any other events on which the right to receive income or principal of the Trust Estate may depend, Trustee shall incur no liability for any disbursements or distributions made or omitted in good faith.

7.8 METHODS OF DISTRIBUTION: Trustee may distribute or retain trust property in any one or more of the following methods for the benefit of any Beneficiary subject to the provisions of this Agreement:

• DISTRIBUTION TO BENEFICIARY: Trustee may distribute Trust Property directly to any Beneficiary if so doing seems reasonable and appropriate in the sole and absolute discretion of the Trustee(s).
• DISTRIBUTION TO GUARDIAN OR CONSERVATOR OR FAMILY MEMBER: Trustee may distribute Trust Property to a Beneficiary’s guardian, conservator, parent, family member or any other person who has assumed the responsibility of caring for such Beneficiary.
• DISTRIBUTION TO CUSTODIAN: Trustee may distribute Trust Property to any person or entity, including a Trustee, who is legally acting as custodian for a particular Beneficiary under the Uniform Transfers to Minors Act, or similar statute.
• DISTRIBUTION TO OTHER PERSONS OR ENTITIES PROVIDING GOODS OR SERVICES: Trustee may distribute Trust Property directly to other persons or entities pursuant to the provision of services or procurement of goods on behalf of a Beneficiary.
• DISTRIBUTION TO AGENT UNDER DURABLE POWER OF ATTORNEY: Trustee may distribute Trust Property to a Beneficiary’s Agent or Attorney-in-Fact who is legally authorized to act for such Beneficiary under a valid, durable, general or limited, Power of Attorney instrument executed by the Beneficiary prior to his or her incapacity.
• RETENTION IN TRUST: Trustee may retain Trust Property in the Trust, in a separate account to be maintained in the books and records of the Trust created hereby a Beneficiary shall attain the age of Twenty-One (21) years, or, in the sole and absolute opinion of Trustee, is no longer incapacitated, at which time the Trustee(s) may, but shall not be required to, distribute part or all of any such discretionary distributions as have been allocated to such separate account, along with any income, if any, which has ever been added to such separate account, to, or for the benefit of, such Beneficiary as the Trustee shall, in his, her or their sole and absolute discretion, determine to be appropriate and wise.

7.9 BENEFICIARY(IES): The initial Beneficiaries of the {{TRUST_NAME}} TRUST are:

{{TRUST_BENEFICIARY_NAME}},

{{TRUST_BENEFICIARY_2_NAME}},

{{TRUST_BENEFICIARY_3_NAME}},

{{TRUST_BENEFICIARY_4_NAME}}; and

{{TRUST_BENEFICIARY_5_NAME}}.

Each of said Beneficiaries shall be deemed to share beneficial ownership of or title to the Property owned by the {{TRUST_NAME}} TRUST, and such beneficial ownership or title shall not be shared with any other persons or entities who or which is not a Beneficiary of the Trust.

7.10 REGISTRATION OF BENEFICIARY(IES): The name(s) of each Beneficiary of the Trust shall be listed in the “Registry of Beneficial Interest Holders” (attached hereto as Schedule “7.0b” and made a part hereof). The Trust Protector shall be responsible for ensuring that the said Registry/Schedule “7.0b” is kept current at all times, as, and if ever, any one or more Beneficiary(ies) is removed from, permanently or temporarily, or added to, said Registry/Schedule “7.0b” as provided herein. No Beneficiary hereof shall be entitled to demand any distribution, or any share of any distribution, of income or principal from any Trust created hereby, given the sole and absolute discretion over any decision to make, or not make, any distribution to any one or more Beneficiary(ies) which is provided to the Trustee(s) herein.

7.11 ENTITLEMENT TO TRUST CORPUS: Ownership of Trust Units shall not entitle a Beneficiary(ies) to any other divided interest in the Trust, such as entitlement to any portion of the Trust Corpus. Beneficiary(ies) shall be entitled to receive distributions only at such times as determined to be in the best interest of the Trust by the sole authority and discretion of the Trustee, consistent with the Trust’s Purpose set forth in this Trust Agreement.

7.12 CONTROL OF PROPERTY AND TRUST BUSINESS: No Beneficiary shall have the right to manage or control the property, affairs, or business of the Trust, or any power to control the Trustee in these respects regardless of whether that Beneficiary has disclaimed his or her beneficial ownership of or title to the Property owned by the Trust or not.

7.13 ENTITLEMENT OF CREDITORS TO TRUST CORPUS: Death, insolvency, or bankruptcy of a Beneficiary(ies) shall not entitle the Trustee’s creditors, heirs, or legal representatives to demand any partition or division of the Trust Property, or any special account be allocated on the Trustee’s behalf.

7.14 PAYMENT OF DEATH TAXES: The Trustee is authorized and ordered to pay out of the principal of the Trust Estate, the appropriate and proportionate share of any inheritance, succession, death, transferor estate taxes, including any interest and penalties thereon that may be assessed due to the death of a person who transferred assets into the Trust. To make such payments, the Trustee may rely solely on the written statement of the administrator of the Estate or the Executor of the transfer as to the proportionate share of such taxes that are able to be charged to the Trust Estate.

9.1 RIGHT TO ESTABLISH TRUST: This Trust Agreement is considered to be a contract and is made under the Law of Contracts (Rights of Contract Law) which are secured under the organic Constitution for the United States of America (art. I, § 10: art. IV, § 2, cl. 1), the organic Bill of Rights, American Equity Law and Case Law and in accordance with the laws of the United States of America.

9.2 NATURAL RIGHTS OF TRUST: The construction and effect of every provision of this Trust Agreement shall be subject to the fundamental laws, protections of natural rights, and law (equity law and case law) in the United States of America.

9.3 VENUE: The Private Venue shall have Original and Exclusive Jurisdiction at all times hereafter (except any contractual obligation that is incurred by acts of Trustee on behalf of the Trust), and all beneficial interest therein shall be deemed to be in the same Situs and Venue as this Trust. The terms, conditions, and specifications of this Trust Agreement shall not be mandated to be filed in any public venue.

9.4 SITUS AND CHOICE OF LAW: This Trust Agreement has been executed and created with a situs in the geographic territory, not the country or corporation, of these united states of america [sic], a mailing address in the State of and shall be construed and administered according to the common law. In the event a court of common law refuses to apply common law, then this Trust shall be construed under the laws of the State of SOUTH DAKOTA.

9.5 CHANGING THE SITUS ADMINISTRATION: The Trustee may, at any time, remove all or any part of the property or the situs of administration of the Trust from one jurisdiction into another whenever the Trustee deem to be most beneficial for the Trust or the Beneficiaries. The Trustee may choose or elect, by filing the appropriate instrument with the Trust records, that the Trust from there forward be construed, regulated, and governed as to administration by the laws of the new jurisdiction or territory. The Trustee may take action for any purpose the Trustee deems appropriate under this Section, including taking the action to minimize tax liability with respect to the Trust and/or any Beneficiary of the Trust.

10.1 TRUST PRIVACY: The Trustee shall not be obligated to make known to anyone that this Trust Indenture exists or any matters in relation thereof or that they are named as such or that they are now or at any time hereafter included in any way in the Trust, nor are they obligated to contact any Certificate Holder or Beneficiary(ies) until such becomes absolutely and indefeasibly entitled to receive actual payment of any monies or investments held by the Trust hereunder, and the Trust Officer shall then only be obligated to inform the person(s) of the Trustee(s) authority to make such distribution and the existence of this Trust Indenture.

10.2 PROTECTION OF TRUST INSTRUMENT: Neither this instrument in its entirety, nor any of its parts shall ever be duplicated, reproduced, replicated, re-constructed, nor copied in any such way as to create another separate, by itself, stand-alone, copy, or clone of this Trust organization, by any means, in any way, at any time, under any and all circumstances, as this Trust Indenture document is the sole property of the parties to it and is licensed to its original Activator(s) and Creator(s) to the exclusion of any other party or parties in perpetuity.

10.3 PRIVATE TRUST INDENTURE: This Trust Indenture shall be interpreted as a private agreement, contractual in nature, made under exclusive jurisdiction of the Law of Contracts, all Rights to privacy available in this and other applicable jurisdictions, and shall be applicable in accordance with and in addition to, as though it were apart thereof, the opinions rendered in Smith v. Morris, 2 Ca. 524; Boyd v. U.S., 116 U.S. 618; and Silverthorne Lumber Company v. U.S., 251 U.S. 385, which states in pertinent part, “[t]he Trustee(s)[s] of a trust have all the powers necessary to carry out the obligations which they assume… Their books and records are not subject to review or subpoena.” The penalty for the release of any information pursuant to the material contained within is made party of a tort action and breach of trust action in an amount not less than One-hundred Thousand U.S. Dollars $100,000) or the equivalent.

12.1 EXPIRATION OF TRUST: This Trust shall continue for twenty-one (21) years from the date first listed on the first page of this Trust Indenture. The then presiding Trustee, in that Trustee’s sole and absolute discretion shall have the power to renew the Trust for an additional period of twenty-one (21) years. Should the Trustee renew this Trust, such renewal shall constitute a new contract for purpose of the rule of perpetuity. Under no circumstances may the Trust continue to exist for longer than the maximum number of years allowed by the laws of the State to which the Trust’s duration is subject from time to time after the death of the last surviving heir to the last Beneficiary that is listed under the Trust Indenture. At the end of such time period, unless the term of the Trust is renewed as provided above, the Trust shall automatically terminate, at which time the then presiding Trustee(s) shall make final disbursements and execute the termination of this Trust.

13.1 SEVERABILITY: The invalidity or unenforceability of any provision of this Trust Agreement shall not affect the validity or enforceability of any and all other provisions of this Trust Agreement. If a court of competent jurisdiction determines that any provision contained within this Trust Agreement is invalid, the remaining provisions of this Agreement shall be interpreted, enforced, and construed as if the invalid provision had never been included in this Trust Agreement.

13.2 COUNTERPARTS: This agreement may be executed in one or more counterparts, each of which will be deemed to be an original, but all of which, taken together, will constitute one and the same agreement.

ARTICLE XIV:
INTERPRETATION & DEFINITIONS

14.1 TRUST LANGUAGE: For all intents and purposes related to the interpretation of this Agreement, the singular shall include the plural, the terms “him”, “her” or “it” shall include both genders, and the neutral reference to a person shall include organizations or entities except where the context specifically so denies. The term “trust corpus” shall include the body of the Trust, funding, holdings, profits, and organization as administered by the Trustee and Trust Officers.

14.2 DEFINITIONS: In this Trust Indenture the following special definitions and terms shall have the following meanings:

• a. “ADOPTED AND AFTERBORN PERSONS”: A legally adopted person in any generation including Trustee’s descendants, descendants by legal adoption or court appointment shall have the same inherent rights and be treated in the same regard under this Trust agreement as natural children of the adopting parent, provided that the adopted person is legally adopted prior to the age of 12 years old. A legally adopted child includes any person legally adopted as the child of another in a court proceeding. An adopted child can be a minor or an adult. A person shall be considered as legally adopted if the adoption was legal within the jurisdiction where the adoption occurred at the time that the adoption occurred, within or without the United States of America. A fetus that is conceived but later born alive shall be considered to be a person during the period of gestation before live birth.
• b. “AGREEMENT”: The term "Agreement” is relative to the Trust Agreement and includes all Trusts that have been created subsequent under the terms of the original Trust agreement.
• c. “ASCERTAINABLE STANDARD”: The term “Ascertainable Standard” is a standard that restricts the power of the Trustee to make distributions to a Beneficiary to an extent measurable by the Beneficiary’s needs for health, education, or support.
• d. “BENEFICIAL CARE”: The term “Beneficial Care” is intended to be a standard that is ascertainable in accordance with the care and maintenance necessary for the well-being, health, benefit, lodging, support, allowance, medical expenses, provision of personal care, and hygiene, clothing, education, outside assistance of any professional or non-professional person/entity, personal services of all types of such Beneficiary(ies)  in accordance with the latter stages.
• e. “CERTIFICATE OF TRUST UNITS/CERTIFICATE OF BENEFICIAL INTEREST”: The term “Certificate of Trust Units”, also referred to as “Certificate of Beneficial Interest”, also referred to as "Shares of Beneficial Interest", means a certificate representing a percentage of the immovable ‘res” (corpus) to be distributed to the Beneficiary(ies) holding such certificate(s), upon termination or discharge of the Trust. Only the Beneficiary(ies) shall receive Certificates of Trust Units. Neither the Trustee, nor any Trust Officers may receive Certificates of Trust Units.
• f. “DESCENDANTS”: The term "Descendants" shall include any person that is considered to be a lineal descendant. A lineal Descendant is a direct descendant of a person. A person in direct line of blood relationship following downwards from an individual, starting from the Trustee’s children, grandchildren, and great-grandchildren of all generations.
• g. “EDUCATION”: The term "Education" is intended to be a standard that is ascertainable and shall include the following but not be limited to:
  1. Any enrollment at a private or charter elementary, junior, and senior high school including boarding school, schools of religion, or any academy;
  2. Undergraduate and graduate study in any field at a public or private college or university, accredited with the State or of religious nature;
  3. Any specialized, vocational, or professional training or instruction at any institution including internship or private instruction in a student capacity; and
  4. Any other curriculum or activity (both at a physical location or online) that Trustee may determine to be useful and beneficial for the development of abilities and interests of any Beneficiary(ies) including but not limited to athletic training, musical training, theatrical studies, creative training including the arts and travel both within the United States of America and abroad.
  5. The term “Education” shall also include any distributions that are made by the Trustee for expenses that are relative to the above such as tuition, housing, room and board, transportation, allowances, clothing, books, and other needed school supplies, educational fees, special fees, membership fees for organizations including societies both private and public, fraternities, sororities, clubs and fees that are associated with the education and improvement of the Beneficiary(ies), tutoring, transportation and a reasonable allowance for living expenses while in attendance of any institution as defined above.

h. “EXPRESS TRUST”: The term “Express Trust” shall mean a contractual relation through Trust Agreement that is formed by parties’ sui juris, wherein the legal estate is put entirely in one or more principals, while other persons hold a beneficial interest in and out of the same but are neither partners nor agents. This trust is created without privilege or franchise from any Government or Government corporation but is created entirely by the parties’ exercise of simple, adequate, legal rights, any man or group of men sui juris may exercise, the Trustee issuing Certificates of Beneficial or Capital Interest at the Trustee’s discretion, as well as issuing bonds and other obligations, or making whatever contractual relations are allowed to all men as their natural right.

i. “INCAPACITY”: Except in an instance specifically outlined separately in this agreement, a person shall be deemed to be incapacitated in any one of the following circumstances is applicable to the Trust:

1. . The Opinion of Two Licensed Physicians: An individual shall be determined to be incapacitated upon the execution of separate written opinions by two (2) physicians who have: (1) personally examined such individual, (2) are then-licensed to practice medicine in the State (or Country, if such individual then resides outside the United States of America) of which such individual is then a legal resident, and (3) are not partners in the same medical practice, or then-serving as Trustees or Trust Protectors, or named as Beneficiaries, hereof, stating that such individual is mentally, physically or psychologically unable to effectively manage his or her own, or the Trust’s, property, or to perform any material duties or exercise any authorities or powers provided herein to Trustees or Trust Protectors, whether such inability is the result of advanced age, accident, illness, prescribed medications, drugs or other substances or any other cause. An individual shall be determined able to be restored to their capacity whenever the individual’s personal or attending physician(s) provide a written opinion that the individual is effectively able to resume the management of the Trustee(s) property or fiduciary responsibilities.
2. Court Determination: An individual shall be considered as incapacitated if a court of competent jurisdiction has declared that the individual is disabled, incompetent, or legally incapacitated either due to being incarcerated, legally held by a third-party organization agency, or operating in a freestanding capacity.
3. Detention, Disappearance, or Absence: An individual shall be considered as incapacitated whenever he cannot effectively manage the administration of the Trust’s property or financial responsibilities due to the individual’s unexplained disappearance or absence for more than 30 consecutive days or whenever he is detained under duress or legally. An individual’s disappearance or absence or detention under duress may be established by a declaration of facts of the Trustee, or, if no Trustee is then serving, by the declaration of facts of the Trust Protector. The affidavit shall describe in detail the circumstances of the individual’s disappearance, absence, or detention and may be used or relied upon by any third party who is dealing in good faith with the Trustee in reliance upon the affidavit.

j. “INCOME BENEFICIARY(IES)”: The term “Income Beneficiary(ies) “shall mean any Beneficiary(ies) who is entitled to receive any distribution based on the net income of the Trust, only at the sole discretion and determination of the Trustee. Unless otherwise provided in this agreement, an Income Beneficiary(ies) shall mean any combination of Income Beneficiary(ies) who would receive more than fifty percent (50%) of the accrued net income.

*For the purpose of the calculation of net income, any Beneficiary who is eligible to receive a discretionary distribution of net income shall be determined to receive the income at the absolute sole discretion and determination of the Trustee as the Trustee shall determine on a case by case, individual by individual, basis according to each circumstance with the information that is available to the Trustee at the time such determination is taken. The decision of the Trustee shall be final and outside of any authority to be challenged and/or disputed by any Beneficiary, representative, or third party *

k. “DISQUALIFIED BENEFICIARY”: The term “Disqualified Beneficiary” shall mean any Income Beneficiary who is, at any time in question, identified as a “Debtor” or “Defendant” in any voluntary or involuntary proceeding which is subject to the jurisdiction of the United States Bankruptcy Court seeking, or granting, protection from creditors pursuant to Title 11 of the United States Code, or for whom a receiver has been appointed, or who has been determined to be insolvent by any Court of Competent Jurisdiction. The Trustee shall make no distributions of income or principal from the Trust Property to such an Income Beneficiary until the Trustee, in his, her or their sole and absolute discretion are satisfied that any applicable bankruptcy case has been voluntarily or involuntarily dismissed, or that a Bankruptcy Court-approved plan has been completed, or that the appointed receiver has been dismissed, or that the Income Beneficiary is no longer insolvent.

l. “INDEPENDENT TRUSTEE”: The term “Independent Trustee” means a Trustee who is not an Interested Trustee as defined herein. Only an Independent Trustee may exercise the powers that have been granted exclusively to an Independent Trustee when the phrase “other than an Interested Trustee” is specifically used. Whenever this agreement specifically prohibits an Interested Trustee from exercising the Trustee’s discretion or performing an act as Trustee, then only an Independent Trustee may exercise the needed discretion or perform the act in question. An Independent Trustee shall not be liable to any person or entity for any good faith act, exercise, or non-exercise of the Trustee’s duties and sole and absolute discretion that has been granted under this Agreement.

m. “INTERESTED TRUSTEE”: The term "Interested Trustee" means a Trustee who is a transferor of any property, tangible or intangible, into the Trust (including any person who has a qualified disclaimer which resulted in the property being passed to the Trust).

n. “TAX CODE AND TREASURY REGULATIONS”: ANY and ALL references to the "Tax Code" refer to the Tax Code to which the Trust may be subjected because it has obtained a tax ID number. It refers to the provisions, laws, statutes, and codes of the Tax Code in effect for that tax year for a Trust that has obtained a Tax ID Number in that jurisdiction, if any. References to the "Treasury Regulations," are to the Treasury Regulations that are under the Tax Code and in effect. If a particular provision of the Tax Code is renumbered, or the Tax Code is superseded by a subsequent tax law, any reference to that provision shall be applicable to the renumbered provision or to the corresponding provision of the subsequent law, unless to do so would clearly be contrary to the intent or conflict with the intention as set forth in this agreement. The same rule shall apply to ANY and ALL references to the Treasury Regulations.

o. “LEGAL REPRESENTATIVE”: As used in this agreement, the term “Legal Representative” shall mean a person’s parent, guardian, conservator, executor, administrator, Trustee, or any other person or entity that has been delegated or legally assigned to personally appear on behalf of that person or is representing a person or the person’s estate.

p. “PER STIRPES”: The term “Per Stirpes” is the Latin word for “my roots”. It refers to the Beneficiary(ies) right to receive from the Trust an inheritance that is in equal share to the individual they’re representing. Whenever a distribution is to be made to a person’s descendants using the term “per stirpes”, that distribution shall be divided into as many shares as there are living children of such person and deceased children of such person who transitioned while those descendants were living. Each then living child shall be a Beneficiary(ies) of the Trust and shall continue to every then living descendants of then-living children in the same manner.

q. “PROPERTY”: The term “Property” shall mean any real, personal, moveable, or immovable property of any description, wherever located and whosesoever situated including but not limited to any policies, cash indentures, titles, assignments, mortgages, and/or loans, tangible and intangible (including copyrights, trademarks, service marks, parents, licenses, royalty augments, customer lists, operations manuals, and the like). This term also denotes Trust Res or Res Lat.

r. “SETTLOR”: The term “Settlor” shall have the same legal meaning as “Grantor”, “Creator”, “Organizer”, “Architect”, “Author”, “Establisher”, “Begetter”, “Founder”, “Originator”, “Initiator”, “Producer”, “Framer”, “Generator”, or any other term referring to the maker of a trust.

s. “SHALL AND MAY”: Unless otherwise specifically defined in this agreement or by context in which used, the word “shall” is used in this Trust agreement as a command, direct or required and the word “may” is used to allow or be permitted but not required. In the context of the Trustee, when the word “may” is used, it is intended that the Trustee may act in the Trustee’s sole and absolute discretion unless otherwise stated in this agreement.

t. “TRUST”: The terms "Trust" or "Trust Agreement" or “This Agreement”, shall refer to the agreement of the established Trust and all Trusts created under the terms of the established Trust whose Agreements are established in accordance with Scott on Trust Law.

u. “TRUSTEE”: The term "Trustee" is a specific reference to the Trustee who is named in Article Three of this Trust Agreement and to any successor, substitute, replacement or additional person, legal corporation, or other entity that may act as the, or a, Trustee of any Trust that is created under the terms of this Trust Agreement. The term “Trustee” shall also refer to singular or plural as the context it is used in may specify or require.

v. “TRUST PROPERTY”: The phrase "Trust Property" shall be assigned to mean all property, monies, tangible and intangible items, assets, rights, assignments and other items held by the Trustee(s) under this Trust Agreement, including any property that the Trustee(s) may acquire or that may be transferred from any source both tangible and intangible at the discretion and decision of the Trustee(s).

w. “TRUST PROTECTOR”: The phrase “Trust Protector” is a person appointed under the Trust Agreement to direct or restrain the Trustee (and other Trust Officers) in relation to their administration of the Trust.

x. “UNIFORM TRUST CODE”: The phrase “Uniform Trust Code” shall refer to the Uniform Trust Code which was completed by the Uniform Law Commission in 2000, amended most-recently in 2010, and has been enacted into law, in whole or in part, by approximately two-thirds of the States Within the United States as of the date hereof.

y. “WITHIN THE UNITED STATES”: The phrase “Within the United States”, “United States”, “United States of America”, and "these United States of America" shall mean inside of the location/ territory of the united states of america, the landmass. The location/territory of the united states is expressly included within this contractual agreement in terms of being the default territory of location in commercial transactions but does not exclude the Trustee(s) from operating under the terms of this Trust Agreement in territories abroad or prohibit the Trust Agreement from being enforced or exercised in commercial transactions in other territories abroad.

The United States of America in the Federal Territory and capacity are excluded from this Trust Agreement as the governing authority over this Trust Agreement in the capacity of the United States federal corporation [28 USC 3002(15)(A)], and that exclusion includes, but is not limited to, its subdivisions, instrumentalities, principals, agents, contractors, partners, officers, and employees: This Trust Agreement does not consent to all within the United States (sic) as a third-party overseer to this contract; this Trust Agreement is not subject to the jurisdiction of the United States, the country and/or corporation; This Trust Agreement has not been created by leave, license, or permission of the United States; This Trust Agreement is not created or operable based on acceptance of any economic benefits whatever offered by the United States; This Trust Agreement is not created in partnership within the de facto United States. The term “Within the United States” shall be construed to also mean within the “UNITED STATES”, “UNITED STATES OF AMERICA”, “U.S.”, “U.S.A.”, and united states as a territory, not a legal jurisdiction of authority. This includes “Government”, or any f/k/a, a/k/a, or d/b/a by which it might be known or do business. The jurisdiction of United States of America is distinctly foreign in authority with respect to the situs of this Trust (per U.S. v. Perkins, 163 U.S. 25, 16 S. Ct. 1073, 41 L. Ed. 287 (1896); In re: Merriam’s Estate, 36 N.Y. 505, 141 N.Y. 479

[The remainder of this page is blank; see “Acceptance by Settlor, Trustee & Trust Protector” beginning on the following page]

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[NOTARY ACKNOWLEDGMENT ON THE FOLLOWING PAGE]

The forgoing instrument was acknowledged before me, ______________________, a Notary Public in and for the State and County identified above, on this _______ day of __________________, 20_____, by {{TRUST_TRUSTEE_NAME}}, as TRUSTEE of

__________________, 20_____, by {{TRUST_TRUSTEE_NAME}}, as TRUSTEE of the {{TRUST_NAME}} TRUST.

I certify under PENALTY OF PERJURY under the laws of the State identified above that the foregoing paragraph is true and correct.

My commission expires: __________________________

This Acknowledgement was completed: _______ in person _____ electronically

My commission expires: __________________________

This Acknowledgement was completed: ____________________________ in person ___________________ electronically

WHEREAS Article 6.4 of the Trust Agreement for {{TRUST_NAME}} TRUST authorizes the Trust Protector to appoint a Successor Trustee; and

WHEREAS Article 5.23 of the Trust Agreement provides that, upon a Trustee’s resignation, incapacity, incompetency, or death, the Successor Trustee named in the Trust Agreement shall immediately assume and possess all title, powers, rights, and discretions given herein to the Trustee automatically; and

WHEREAS {{TRUST_TRUST_PROTECTOR_NAME}} is the Trust Protector as of the date hereof.

• NOW, THEREFORE, pursuant to said Articles 6.4 and 5.23, {{TRUST_TRUST_PROTECTOR_NAME}}, as Trust Protector, hereby designates {{TRUST_X1ST_SUCC_TRUSTEE_NAME}} as the SUCCESSOR TRUSTEE for the Trust, and, upon the resignation, incapacity, incompetency, or death of {{TRUST_TRUSTEE_NAME}}, the aforesaid {{TRUST_X1ST_SUCC_TRUSTEE_NAME}} shall immediately assume and possess all the title, powers, rights, and discretions given herein to the Trustee automatically.

The designation of any Person or Persons as the Successor Trustee made prior to the date hereof shall be deemed to have been terminated and nullified by the signature of {{TRUST_TRUST_PROTECTOR_NAME}}, the current Trust Protector of the {{TRUST_NAME}} TRUST, below.

A fully executed and acknowledged original copy of this Appointment shall be retained in the permanent records of the Trust.

__________________________________________________________________________________ Date:

Trust Protector: {{TRUST_TRUST_PROTECTOR_NAME}}

This appointment to be the SUCCESSOR TRUSTEE for the {{TRUST_NAME}} TRUST is hereby accepted. I understand that this is an appointment only at this time and that my role as the SUCCESSOR TRUSTEE will not be effective until the resignation, incompetency, death, or incapacitation of the current Trustee.  Accepted by:

__________________________________________________________________________________ Date:

Successor Trustee: {{TRUST_X1ST_SUCC_TRUSTEE_NAME}}
[NOTARY ACKNOWLEDGMENT ON THE FOLLOWING PAGE]

A Notary Public or other officer completing this certificate validates only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of ________________________________________________________________________)

Country of ________________________________________________________________________)

The forgoing instrument was acknowledged before me, ____________________________________________, a Notary Public in and for the State and County identified above, on this _____________________________ day of ________________________________________, 20___________________________, by {{TRUST_TRUST_PROTECTOR_NAME}}, as TRUST PROTECTOR of the {{TRUST_NAME}} TRUST.

I certify under PENALTY OF PERJURY under the laws of the State identified above that the foregoing paragraph is true and correct.

WITNESS my hand and official seal:             (Seal)

My commission expires: ____________________________________________________

This Acknowledgement was completed: _________________________________ in person _______________________________ electronically

A Notary Public or other officer completing this certificate validates only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of __________________________________________________)

County of:  _______________________________________________ )

The forgoing instrument was acknowledged before me, ____________________________________________, a Notary Public in and for the State and County identified above, on this _____________________________ day of ________________________________________, 20___________________________, by as SUCCESSOR TRUSTEE of the {{TRUST_NAME}} TRUST.

I certify under PENALTY OF PERJURY under the laws of the State identified above that the foregoing paragraph is true and correct.

WITNESS my hand and official seal:               (Seal)

My commission expires: ____________________________________________________

This Acknowledgement was completed: ___________________________________________________________ in person _________________________________________________________ electronically

My commission expires: ____________________________________________________

This Acknowledgement was completed: _________________________________ in person _______________________________ electronically

A Notary Public or other officer completing this certificate validates only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of ____________________________________________________________________________)

Country of ____________________________________________________________________________)

The forgoing instrument was acknowledged before me, __________________________________________________________________________, a Notary Public in and for the State and County identified above, on this ___________________________________________________________ day of ______________________________________________________________________, 20_____, by

{{TRUST_X1ST_SUCC_TRUST_PROTECTOR_NAME}}, as SUCCESSOR TRUST PROTECTOR of the {{TRUST_NAME}} TRUST.

I certify under PENALTY OF PERJURY under the laws of the State identified above that the foregoing paragraph is true and correct.

WITNESS my hand and official seal: (Seal)

My commission expires: ____________________________________________________

This Acknowledgement was completed: _________________________________ in person _______________________________ electronically

__________________________________________________________________________________ Date:

Proxy: {{TRUST_PROXY_NAME}}

__________________________________________________________________________________ Date:

Proxy: {{TRUST_PROXY_NAME}}

This Schedule 5.0b contains a Registry of each Trustee(s) of {{TRUST_NAME}} TRUST, including the name of each Successor Trustee, the date of Appointment of each Successor Trustee, the name of the Trust Protector (or, in the case of the Initial Trustee, the name of the Settlor) who appointed each Successor Trustee, and the date of removal of each Successor Trustee as well as the reason for removal.

The Initial Trustee who was appointed by the Settlor is:

{{TRUST_TRUSTEE_NAME}}, Initial Trustee

Each of the Successor Trustees is listed below:

Acknowledged and affirmed by {{TRUST_SETTLOR_NAME}}, Settlor, on this date.

__________________________________________________________________________________ Date:

_________________________________________

Settlor: {{TRUST_SETTLOR_NAME}}

Acknowledged and affirmed by {{TRUST_SETTLOR_NAME}}, Settlor, on this date.

__________________________________________________________________________________ Date:

_________________________________________

Proxy: {{TRUST_PROXY_NAME}}

This Schedule “6.1b” contains a Registry of each Trust Protector(s) of {{TRUST_NAME}} TRUST, including the name of each Successor Trust Protector, the date of Appointment of each Successor Trust Protector, the name of the Trust Protector (or, in the case of the Initial Trust Protector, the name of the Settlor) who appointed each Successor Trust Protector, and the date of removal of each Successor Trust Protector as well as the reason for removal.

The Initial Trust Protector who was appointed by the Settlor is:

{{TRUST_TRUST_PROTECTOR_NAME}}, Initial Trust Protector

Each of the Successor Trust Protectors is listed below:

6.4.1 POWERS OF TRUST PROTECTOR:  The Trust Protector shall have the following powers, each of which shall be exercisable in his or her sole and absolute discretion:

• a. The Trust Protector shall have the power to remove and replace any Trustee (including any Co-Trustee or any Successor Trustee at any time and for any reason, or for no reason other than the Trust Protector’s belief, in his or her sole and absolute discretion, that such removal is in the best interest of the Beneficiary(ies).
• b. The power to appoint one or more Co-Trustee(s) or Successor Trustee(s) at any time and for any reason, or for no reason other than the Trust Protector’s belief, in his or her sole and absolute discretion, that such appointment is in the best interest of the Beneficiary(ies).
• c. The power to appoint one or more Trustee(s), Co-Trustee(s), or Successor Trustee(s) upon the resignation, determination of Legal Incapacitation, or death of a Trustee.
• d. The power to appoint one or more Co-Trust Protector(s) or Successor Trust Protector(s)
• e. The power to appoint an Independent Trustee for all or any part of the Trust Estate if, in the opinion of Tax Counsel to the Trust or other Tax Professionals retained by the Trustee, the exercise of any particular discretion related to the taxation of any asset or Property owned by the Trust, and which is exercisable by the Trustee as provided herein, would, more likely than not, be contested by a taxing authority or invalidated by a State or Federal Tax Court.
• f. The power to cause all the interests of a Beneficiary of this Trust to immediately cease by delivering a written notice of the cessation of such interest to the Trustee. Such decision to cause a Beneficial Interest to cease shall be made with respect to any Beneficiary of this trust at any time in the sole and absolute discretion of the Trust Protector, with or without cause.
• g. The power to add any one or more persons as Beneficiaries of this Trust at any time by delivering written notice of such addition to the Trustee, and such decision to add a person as Beneficiary may be made at any time in the sole discretion of the Trust Protector, with or without cause.
• h. The power to appoint, and to remove and replace, an Executive Secretary or a Treasurer to serve as Trust Officers if, in the Trust Protector’s sole and absolute discretion, the making of such appointments is an action undertaken in good faith and is necessary or appropriate to assist the Trust Protector in the discharge and fulfillment of his or her responsibilities to protect the best interests of the Beneficiary by overseeing the administration of the Trust.
  1. 1. Any such Trust Officer shall be entitled to reasonable compensation, have such duties and authority, and be employed or retained pursuant to such terms and conditions as such Trust Officer and the Trust Protector shall agree, subject to the remaining provisions of this Subsection.
  2. 2. Neither an Executive Secretary nor a Treasurer hired, or retained, by the Trust Protector as a Trust Officer shall have any executive authority with respect to the administration of the Trust.  Such executive authority to administer, manage, and control the Trust from day-to-day shall be vested solely in the Trustee, or in Persons employed or retained by the Trustee to whom (or which) the Trustee shall delegate, subject only to the Trustee’s own discretion and judgment, executive authority (and then, only to the extent to which the Trustee expressly delegates the Trustee’s executive authority to such Person).  
  3. 3. Trust Officers hired, or retained, by the Trust Protector shall have administrative duties and responsibilities only, and shall have no right, power, or authority to exercise any power granted herein to the Trust Protector, including the right to appoint, remove or replace a Trustee or a Beneficiary.
  4. 4. The Treasurer shall have the right to receive, and permanently retain in his or her own records and files related to the Trust if he or she so desires, any report, instrument, agreement, or other document or record prepared by or made available to the Trustee with respect to the Trustee’s administration of the Trust, to review and make whatever notes he or she, in his or her sole and absolute discretion, deems to be necessary or appropriate regarding the same, and shall prepare, to the best of his or her knowledge and experience, any verbal or written report which is informed, in whole or in part, by such documents or records, as shall be requested of him or her by the Trust Protector.
  5. 5. The Executive Secretary shall serve as the Trust Protector’s Administrative Assistant, and, as such, shall, as directed by the Trust Protector, have the unrestricted right to be present, with the Trust Protector or in the Trust Protector’s stead, during any face-to-face, virtual, or electronic meeting, conversation, discussion or exchange related to the Trust, and to freely participate in or take whatever notes the Executive Secretary, in his or her sole and absolute discretion, deems to be necessary or appropriate regarding the same, and shall perform such other administrative tasks on behalf of the Trust Protector as are customarily performed by Administrative Assistants to business executives. 
• i. The power to amend the Trust in response to:
1. 1. Changes in, or new understandings concerning State or Federal tax laws or regulations, tort laws, contract laws, family laws, laws related to the administration of the Trust, or any other laws or regulations the Trust Protector reasonably believes have applicability to, or present favorable opportunities for, the Trust or Beneficiaries;
2. 2. Final Court Decisions or Judgments reached by State or Federal Courts of Competent Jurisdiction that the Trust Protector reasonably believes have applicability to, or present favorable opportunities for, the Trust or Beneficiaries;
3. 3. Changes in the identity of, number of, needs of, or any other facts or circumstances relating to the Beneficiaries that warrant, in the sole and absolute discretion of the Trust Protector, the making of one or more amendments to the Trust, at any time or from time to time; or
4. 4. The discovery of any mistake(s) in the terms, conditions, or other provisions included herein, in the identity or identifying information relating to the Beneficiaries, or elsewhere in relationship hereto, that the Trust Protector, in his or her sole and absolute discretion, determines to be material and, therefore, in need of correction.

6.4.2 LIMIT OF LIABILITY:  The Trust Protector shall not be liable for any loss occasioned by acts in good faith in the administration of his or her duties hereunder, or in reliance of an opinion of counsel, and in any event, such Trust Protector shall be liable only for willful wrongdoing, or gross negligence, but not for honest errors of judgment.

6.4.3 EXPENSES:  Trust Protector shall have a right to be reimbursed for all expenses incurred on behalf of the Trust.

6.4.4 FIDUCIARY MONITORING:  The role of the Trust Protector shall be interpreted and enforced with this expression of the Settlor’s intentions:  The Trust Protector is empowered by the Settlor to monitor and oversee the actions of all fiduciaries for the Trust in all dealings, public and private, to ensure compliance with the established purpose of the Trust. The Trust Protector, shall, therefore, have the right and authority to review all commercial transactions contemplated or entered into by the Trustee including but not limited to titles, Certificate of Titles, Trust Indentures, Bill of Sales, Trust Certificates, Negotiable Instruments, Bank Checks and any transaction that would otherwise bind the Trust in any way with respect to any act or limitation or prohibition to act.

Acknowledged and affirmed by {{TRUST_SETTLOR_NAME}}, Settlor, on this date.

__________________________________________________________________________________ Date:

__________________________________________________________________________________

Settlor: {{TRUST_SETTLOR_NAME}}

__________________________________________________________________________________ Date:

__________________________________________________________________________________

Proxy: {{TRUST_PROXY_NAME}}

This Schedule “7.0b” contains a Registry of each Beneficiary(ies) of {{TRUST_NAME}} TRUST , including the name of each Beneficiary, the date of Appointment of each Beneficiary, the name of the Trust Protector (or, in the case of the Initial Beneficiary(ies), the name of the Settlor) who appointed each Beneficiary, and the date of removal of each Beneficiary and the name of the Trust Protector responsible for the removal.

Each of the Beneficiary(ies) are listed below: