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DECLARATION OF NOMINEE TRUST
The undersigned, ___________________ of __________
County, State of _____________ (the "Trustee"
hereunder),
hereby declares that any and all property and
interest in
property that may be transferred to him as Trustee
hereunder
("the Trust Estate"), shall be held in trust, for
the sole
benefit of the beneficiaries for the time being
hereunder,
upon
the terms herein set forth.
The term "Trustee" wherever used
herein shall mean the Trustee or Trustees named
herein and
such
person or persons who hereafter are serving as
Trustee or
Trustees hereunder, and the rights, powers,
authority and
privileges granted hereunder to the Trustee shall be
exercised by
such person or persons subject to the provisions
hereof.
1.
BENEFICIARIES:
The term
"Beneficiaries" wherever
used herein shall mean the beneficiary or
beneficiaries
listed in
the Schedule of Beneficial Interests this day
executed and
filed
with the Trustee, or in the revised Schedule of
Beneficial
Interests, if any, from time to time executed and
filed
with the
Trustee. The
Trustee shall not be affected by any assignment or
transfer of any beneficial interest until receipt by
the
Trustee
of notice that such assignment or transfer has in
fact been
made
and a revised Schedule of Beneficial Interests shall
have
been
duly executed and filed with the Trustee. Any Trustee may
without impropriety become a beneficiary hereunder
and
exercise
all rights of a beneficiary with the same effect as
though
he
were not a Trustee.
2. DUTIES
OF
TRUSTEE: The Trustee shall hold the
principal of this Trust for the benefit of the
beneficiaries, and
shall immediately pay over any income received to the
beneficiaries in proportion to their respective
interests.
3. POWERS OF THE TRUSTEE: The Trustee shall have no
power to deal in or with the Trust Estate except as
directed by
the beneficiaries.
When, as, if and to the extent specifically
directed by the beneficiaries, any one of the
Trustees
shall have
the power to:
(a) Buy
or
otherwise acquire, to hold, to exchange or
partition, to sell at public or private sale, and to
mortgage,
pledge or otherwise encumber or dispose of all or
any part
of the
Trust Estate; and to execute any and all deeds,
promissory
notes,
mortgages and other instruments necessary or
appropriate
therefore;
(b) To
lease and sublease all or any part of the Trust
Estate for such term(s) and on such terms as the
Trustee
deems
advisable;
(c) Contest
or compromise any claims in favor of or
against or in any way relating to the Trust Estate.
Any and all instruments executed pursuant to such
directions may create obligations extending over any
periods of
time including periods beyond any possible
termination date
of
the Trust.
Notwithstanding any provisions contained herein, no
Trustee shall be required to take any action which
will, in
the
opinion of such Trustee, involve him in any personal
liability
unless first indemnified to his satisfaction. Any person dealing
with the Trustee shall be fully protected in
accordance
with the
provisions of Paragraph 7 hereof.
4.
TERMINATION: The
Trust may be
terminated any time by
any one or more of the beneficiaries by notice in
writing
to the
Trustee, but such termination shall only be
effective when
a
certificate thereof signed and acknowledged by a
Trustee
hereunder shall be recorded with _________ County
_________(State) Registry of Deeds (hereinafter the
"Registry"
see also Paragraph 9 hereof); and the Trust shall
terminate
in
any event twenty (20) years from the date hereof. In case of any
such termination, the Trustee shall transfer and
convey the
specific assets constituting the Trust Estate,
subject to
any
leases, mortgages, contracts or other encumbrances
on the
Trust
Estate, to the then beneficiaries as tenants in
common in
proportion to their respective interests hereunder.
5.
RESIGNATION AND APPOINTMENT OF SUCCESSOR TRUSTEES:
Any Trustee hereunder may resign by written
instrument
signed and
acknowledged by such Trustee and recorded with the
Registry.
Succeeding or additional Trustees may be appointed
or any
Trustee
may be removed by an instrument or instruments in
writing
signed
by all the beneficiaries, provided in each case that
such
instrument or instruments, or a certificate signed
by any
Trustee
naming the Trustee or Trustees appointed or removed,
and in
the
case of any appointment, the acceptance in writing
by the
Trustee
or Trustees appointed, shall be recorded with the
Registry. Upon
the appointment of any succeeding or additional
Trustee,
the
title to the Trust Estate shall thereupon and
without the
necessity of any conveyance be vested in said
succeeding or
additional Trustee jointly with the remaining
Trustee or
Trustees, if any.
Each succeeding and additional Trustee shall
have the rights, powers, authority and privileges as
if
named as
an original Trustee hereunder.
No Trustee shall be required to
furnish bond.
6.
AMENDMENT: This
Declaration of
Trust may be amended
from time to time by an instrument in writing signed
by all
the
beneficiaries and acknowledged by one or more of the
beneficiaries, provided in each case that the
instrument of
amendment, or a certificate by any Trustee setting
forth
the
terms of such amendment, shall be recorded with the
Registry
prior to the amendment being effective as to any
party who
does
not have actual notice thereof.
7. TRUSTEE
LIABILITY; RELIANCE OF PURCHASERS AND OTHERS:
No Trustee hereunder shall be liable for any error
of
judgment or
for any loss arising out of any act or omission in
good
faith,
but shall be responsible only for his/her own
willful
breach of
trust. No
license
of court shall be requisite to the validity of
any transaction entered into by the Trustee. No purchaser,
transferee, pledgee, mortgagee or other lender shall
be
under any
obligation to see to the application of the purchase
money
or of
any
money or
property loaned or delivered to any Trustee or to
see that the terms and conditions of this Trust have
been
complied with.
Every agreement, lease, deed, mortgage, note, or
other instrument or document executed or action
taken by
any one
Trustee appearing as a Trustee hereunder from the
records
of the
Registry, shall be conclusive evidence in favor of
every
person
relying thereon or claiming thereunder that at the
time of
the
delivery thereof or of the taking of such action
this Trust
was
in full force and effect, that the execution and
delivery
thereof
or taking of such action was duly authorized,
empowered and
directed by the beneficiaries, and that such
instrument or
document or action is valid, binding and legally
enforceable.
Any person dealing with the Trust Estate or the
Trustee may
always rely without inquiry on the certificate
signed by
any
Trustee appearing as a Trustee hereunder from the
records
of the
Registry as to whom is the Trustee or whom are the
Trustees
or
the beneficiaries hereunder, or as to the authority
of the
Trustee to act, or as to the existence or
non-existence of
any
fact or facts which constitute conditions precedent
to acts
by
the Trustee or which are in any other manner germane
to the
affairs of the Trust.
8. NO
PERSONAL LIABILITY: No
Trustee or
beneficiary of
this Trust shall be held personally or individually
liable
for
any of the obligations incurred or entered into on
behalf
of the
Trust and each person who deals with the Trustee
shall look
solely to the Trust Estate for satisfaction of any
claims
which
such person may have against the Trust.
9.
RECORDATION: The
term
"Registry" as used herein
shall mean the _______________ County
_________________(State)
Registry of Deeds; provided that if this Declaration
of
Trust is
recorded or filed for registration in any other
public
office
within or without the ____________(State), any
person
dealing
with portions or all of the Trust Estate as to which
documents or
instruments are recorded or filed for registration
in such
other
public office in order to constitute notice to
persons not
parties thereto may rely on the state of the record
with
respect
to this Trust in such other public office, and with
respect
to
such portions or all of the Trust Estate the term
"Registry" as
used herein shall also mean such other public office.
10.
MISCELLANEOUS:
Whenever
applicable, the use of the
singular number herein shall include the plural and
the use
of
the plural shall include the singular number. The use of the
masculine gender shall also include the feminine,
wherever
applicable. All
paragraph titles are supplied for convenience of
reference only and shall not govern the meaning or
interpretation
of this Declaration of Nominee Trust.
WITNESS the execution hereof under seal at
_____________
by the undersigned this ____ day of ____________,
19__.
_______________________________
Trustee
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STATE OF ____________________
Then personally appeared the above-named
_______________________ and acknowledged the
foregoing
instrument
to be his free act and deed, before me,
________________________________
Notary Public
My Commission Expires:
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ACCEPTANCE OF APPOINTMENT AS TRUSTEE
I, ________________, hereby accept appointment as
Trustee of the ________________ Trust and hereby
agree to
exercise faithfully any and all rights, powers,
authority
and
privileges granted thereunder.
Signed
this
_______day of _______________, 19__.
____________________________
Witnessed by:
___________________________
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