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- IRREVOCABLE TRUST
-
-
-
- TRUST AGREEMENT made ______________, 19__, between
- _____________________(the "Grantor"), and ______________ and
- _________________(the "Trustees").
-
- 1. TRUST PROPERTY. The Grantor, desiring to create
- trusts for the benefit of his adult children and for other good
- and valuable consideration, irrevocably assigned to the Trustees
- of the property described in attached Schedule A (the "Trust
- Property"), in trust, for the purposes and on the conditions
- hereinafter stated.
-
- 2. DISPOSITIVE PROVISIONS. The Trustees shall hold the
- property for the primary benefit of ___________________
- ______________________________________________, and the Trustees
- shall hold, manage, and invest the trust property, and shall
- collect and receive the income, and after deducting all necessary
- expenses incident to the administration of the trusts, shall
- dispose of the corpus and income of the trusts as follows:
-
- (a) The Trustees shall pay the entire net income of the
- trust, quarter annually, to the beneficiaries of the trust,
- provided that there shall be paid over absolutely to the
- beneficiaries at age _______ the corpus of the trust.
-
- (b) If any of the beneficiaries shall die before
- attaining the age of ______ years, the trust for his or her
- benefit shall cease, and the corpus, together with any
- undistributed income, shall be paid over absolutely to the issue
- of the beneficiary then living per stirpes; but if there be no
- issue, then to the other beneficiaries if living, either
- outright, or, if the other beneficiary shall not have then
- attained the age of _____ years, in trust, to be added to, held,
- administered, and distributed as part of the trust for the other
- beneficiary; but if the other beneficiary is not then living,
- then absolutely to the then living issue of the other beneficiary
- per stirpes; and if there is no issue, then to the estate of the
- beneficiary for whom the trust was being held originally.
-
- (c) Notwithstanding anything contained to the contrary,
- if at any time while the trusts are in force any financial
- emergency arises in the affairs of either of the primary
- beneficiaries of the trusts, or if the independent income of
- either of the beneficiaries (exclusive of the income from any
- trust created for his or her benefit by the Grantor) and all
- other means of support are insufficient for the support of the
- beneficiary, in the judgment of the Trustees, the Trustees shall
- pay over to the beneficiary, solely out of the corpus of the
- trust for his or her benefit, at any time and from time to time,
- the sum or sums as the Trustees shall deem necessary or
- appropriate in their discretion.
-
- 3. TRUSTEES' POWERS. In the administration of the
- trusts, the Trustees shall have the following powers, all of
- which shall be exercised in the fiduciary capacity, primarily in
- the interest of the beneficiaries:
-
- (a) To hold and continue to hold as an investment the
- property, of any additional property which may be received by
- them, so long as they deem proper, and to invest and reinvest in
- any securities or property, whether or not income-producing,
- deemed by them to be for the best interest of the trusts and the
- beneficiaries.
-
- (b) To rent or lease any property of the trusts for the
- time and upon the terms and for the price or prices as in their
- discretion and judgment may seem just and proper and for the best
- interest of the trusts and the beneficiaries.
-
- (c) To sell and convey any of the property of the trusts
- or any interest, or to exchange it for other property, for the
- price or prices and upon the terms as in their discretion and
- judgment may be deemed for the best interest of the trusts and
- the beneficiaries.
-
- (d) To make all repairs and improvements at any time
- deemed necessary and proper to and upon real property
- constituting a part of the trusts.
-
- (e) To deduct, retain, expend, and pay out of any money
- belonging to the trusts any and all necessary and proper expenses
- in connection with the operation and conduct of the trusts.
-
- (f) To vote upon all securities belonging to the trusts,
- and to become a party to any stockholders' agreements deemed
- advisable by them in connection with the securities.
-
- (g) To consent to the reorganization, consolidation,
- merger, liquidation, readjustment of, or other change in any
- corporation, company, or association.
-
- (h) To compromise, settle, arbitrate, or defend any
- claim or demand in favor of or against the trusts.
-
- (i) To incur and pay the ordinary and necessary expenses
- of administration, including (but not by way of limitation)
- reasonable attorneys' fees, accountants' fees, investment counsel
- fees, and the like.
-
- (j) To act through an agent or attorney-in-fact, by and
- under power of attorney duly executed by the Trustees, in
- carrying out any of the authorized powers and duties.
-
- (k) To borrow money for any purposes of the trusts, or
- incidental to their administration, upon their bond or promissory
- note as trustees, and to secure their repayment by mortgaging,
- creating a security interest in, or pledging or otherwise
- encumbering any part or all of the property of the trusts.
-
- (l) To lend money to any person or persons upon the
- terms and in the ways and with the security as they may deem
- advisable for the best interest of the trusts and the
- beneficiaries.
-
- (m) To engage in business with the property of the
- trusts as sole proprietor, or as a general or limited partner,
- with all the powers customarily exercised by an individual so
- engaged in business, and to hold an undivided interest in any
- property as tenant in common or as tenant in partnership.
-
- (n) To determine the manner in which the expenses
- incidental to or in connection with the administration of the
- trusts shall be apportioned as between corpus and income.
-
- (o) The Trustees may freely act under all or any of the
- powers by this Agreement given to them in all matters concerning
- the trusts, after forming their judgment based upon all the
- circumstances of any particular situation as to the wisest and
- best course to pursue in the interest of the trusts and the
- beneficiaries, without the necessity of obtaining the consent or
- permission of any interested person, or the consent or approval
- of any court.
-
- The powers granted to the Trustees may be exercised in
- whole or in part, from time to time, and shall be deemed to be
- supplementary to and not exclusive of the general powers of
- trustees pursuant to law, and shall include all powers necessary
- to carry them into effect.
-
- 4. LIMITATION ON POWERS. Notwithstanding anything
- contained to the contrary, no powers enumerated or accorded to
- trustees generally pursuant to law shall be construed to enable
- the Grantor, or the Trustees or either of them, or any other
- person, to sell, purchase, exchange, or otherwise deal with or
- dispose of all or any parts of the corpus or income of the trusts
- for less than an adequate consideration in money or monies worth,
- or to enable the Grantor to borrow all or any part of the corpus
- or income of the trusts, directly or indirectly, without adequate
- interest or security.
-
- 5. CORPUS AND INCOME. The Trustees shall have the power
- to determine the allocation of receipts between corpus and income
- and to apportion extraordinary and share dividends between corpus
- and income.
-
- 6. TRUSTEES' AUTHORITY AND THIRD PARTIES. No person
- purchasing, renting, or leasing any of the property of the
- trusts, or in any manner dealing with the trusts or with the
- Trustees, shall be required to inquire into the authority of the
- Trustees to enter into any transaction, or to account for the
- application of any money paid to the Trustees on any account.
-
- 7. ADDITIONAL PROPERTY. The Grantor reserves the right
- to himself or to any other person at any time, by deed or will,
- to add to the corpus of either or both of the trusts, and any
- property added shall be held, administered, and distributed as
- part of the trust or trusts. The additional property shall be
- allocated between the trusts in accordance with any directions
- given in the instrument of transfer.
-
- 8. ACCOUNTING BY TRUSTEES. The Trustees may render an
- accounting at any time to the beneficiaries of the trust, and the
- written approval of a beneficiary shall be final, binding, and
- conclusive upon all persons then or thereafter interested in the
- trust for that beneficiary. The Trustees may at any time render
- a judicial account of their proceedings for either or both of the
- trusts.
-
- 9. COMPENSATION OF TRUSTEES. The Trustees waive the
- payment of any compensation for their services, but this waiver
- shall not apply to any successor trustee who qualifies and acts
- under this Agreement except that no person who adds to the corpus
- of either or both of the trusts shall ever be entitled to any
- compensation.
-
- 10. SUCCESSOR TRUSTEES. Either of Trustees shall have
- the power to appoint his or her successor Trustee. If either of
- the named Trustees shall die, resign, become incapacitated, or
- refuse to act further as Trustee, without having appointed a
- successor Trustee, the other named Trustee may, but shall not be
- required to, appoint a successor Trustee. The appointment of a
- successor Trustee shall be made by a duly acknowledged instrument
- delivered to the primary beneficiaries and to the person, if any,
- then acting as Trustee.
-
- 11. BOND AND LIABILITY OF TRUSTEES. Neither of the two
- (2) named Trustees shall be required to give any bond or other
- security. The Trustees shall not be liable for any mistake or
- error of judgment in the administration of the trusts, except for
- willful misconduct, so long as they continue to exercise their
- duties and powers in a fiduciary capacity primarily in the
- interests of the beneficiaries.
-
- 12. IRREVOCABILITY. The trusts shall be irrevocable,
- and the Grantor expressly waives all rights and powers, whether
- alone or in conjunction with others, and regardless of when or
- from what source he may have acquired such rights or powers, to
- alter, amend, revoke, or terminate the trusts, or any of the
- terms of this Agreement, in whole or in part. By this instrument
- the Grantor relinquishes absolutely and forever all his
- possession or enjoyment of, or right to the income from, the
- trust property, and all his right and power, whether alone or in
- conjunction with others, to designate the persons who shall
- possess or enjoy the trust property, or the income.
-
- 13. SITUS. This trust has been executed and delivered
- in the State of ______________ and shall be construed and
- administered according to the laws of that state.
-
- In witness whereof the Grantor and the Trustees have
- executed this Agreement in _________________.
-
-
-
- ______________________________
- Grantor
-
-
- ______________________________
- Trustee
-
- Form 609
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