IRREVOCABLE TRUST AGREEMENT
THIS THIS IRREVO IRREVOCAB CABLE LE TRUST TRUST AGREEM AGREEMENT ENT made made and entered entered into at ________ _________, _, _________ on _________, _________, 19__, by and between between _________, _________, of _________, _________, hereinafter hereinafter called the GRANTOR and _________, or its successor, as Trustee, hereinafter called the TRUSTEE. WITNESSETH: WHEREAS, the Grantor hereby irrevocably transfers and delivers to the Trustee certain insurance policies described in Schedule "A" hereto annexed to be held in trust; and WHEREAS, the Grantor has irrevocably transferred to the Trustee certain other assets as set forth in Schedule "A" hereto annexed; NOW, THEREFORE, THEREFORE, in consideration consideration of the mutual covenants and agreements contained contained herein, it is agreed that the Trustee shall hold and administer all assets which may come into this trust in accordance with the terms, provisions and conditions of the within Trust Agreement. ARTICLE ONE. GENERAL PROVISIONS RELATING TO GRANTOR AND TRUSTEE A. Irrevocability: This Trust Agreement shall be irrevocable, and neither the Grantor nor any other person shall have the right or power to alter, amend or revoke any of the terms, conditions or other provisions of this Trust in whole or in part. B. Right to Add Property: The Grantor or any other person may at any time cause additional real or personal property to be added to the corpus of this Trust by deed, inter vivos transfer, Last Will and Testament or otherwise, and the Trustee shall hold, administer and distribute all such additional property according to the terms and conditions of this agreement. C. Policies of Insurance: 1. The Trustee is hereby vested with all right, title and interest in and to any policy of insurance which has been or will be irrevocably assigned to said Trustee (pursuant to this Agreement), and is authorized and empowered to exercise and enjoy, for the purposes of the trust herein created and as absolute owner of any policy of insurance, all of the options, benefits, benefits, rights and privileges privileges under any policy, including the right to borrow upon and pledge same same for a loan loan or loans. loans. Any insurance insurance company company which which has or will will issue issue a policy policy of insurance which becomes part of the trust estate is hereby authorized and directed to recognize the Trustee as absolute owner of said policy, fully entitled to all options, rights, privileges privileges and interests under such policy, and any receipts, releases releases and other instruments instruments executed by the Trustee in connection with any policy shall be binding and conclusive upon the insurance company and upon all persons interested in this trust. The Grantor
hereby relinquishes all rights and powers in any policy of insurance forming a part of the trus trustt estat estatee and will will,, at the reque request st of the the Trust Trustee ee,, execut executee any and all all instr instrum ument entss reasonably required to effectuate this relinquishment. 2. The Trustee shall, to the extent the assets of the trust permit, pay the premiums which may become due and payable under the provisions of any policy of insurance forming a part of the trust estate. If the assets of the trust do not permit such payment of premiums, the Trustee shall be under no obligation to pay the premiums which may become due and payable under the provisions provisions of any policy of insurance insurance forming a part of this trust estate, or to make certain that such premiums are paid by the Grantor or others, or to notify any persons of the nonpayment nonpayment of such premiums, premiums, and it shall be under no responsibility responsibility or liability liability of any kind in the event such premiums premiums are not paid, except that it shall apply any dividends received on any policy to the payment of premiums thereon. Upon notice, at any time during the continuance of this trust, that the premiums due upon any policy are in default, or that premiums to become due will not be paid, by the Grantor, the Trustee or any other person, the Trustee, in its sole discretion, may apply any cash values attributable to any policy to the purchase of paid-up insurance or of extended insurance, or may borrow upon any policy for the payment of premiums due thereon, or may accept cash values of any policy upon its forfeiture. If the Grantor becomes totally and permanently disabled, within the meaning of any policy forming part of the trust estate, and as a result thereof the payment of premiums premiums or any of them shall during the pendency of such disability disability be waived, the Trustee, upon receipt of such knowledge, shall promptly notify the insurance company which has issued any policy, and shall take any and all steps necessary to make such waiver of premium provision effective. 3. In the year of the creation of this trust, and in every succeeding calendar year thereafter in which the Grantor shall transfer property to this trust, the Trustee shall pay immediately to or for the benefit of each designated beneficiary of the Grantor, who personally or through his guardian shall request (in an instrument in writing deposited with the Trustee no later than thirty (30) days after notice is sent to such designated beneficiary or his representative that property has been transferred to this trust) property of a value equal to (a) the value, as of the date of the transfer, of the property so transferred in the respective year divided by (b) the number of then designated beneficiaries of the Grantor; provided, however, that the total amount that may be so requested by such beneficiary in each calend calendar ar year year shal shalll not exce exceed ed the the grea greate terr of five five thous thousand and dolla dollars rs ($5,0 ($5,000 00), ), or the the maximum gift tax exclusion. The Trustee shall send a notice in writing by mail or deliver a notice personally to each designated beneficiary representative within thirty (30) days after it receives such transfer. 4. The Trustee shall be under no obligation or duty except: (1) those duties herein set forth; (2) the duty of safekeeping of any policy of insurance forming part of the trust estate; and (3) the duty to receive such sums as may be paid to it, in accordance with the requirements of this trust, by the company issuing any such policy, or to hold and disburse such proceeds subject to the terms of this agreement. Upon the death of the insured under any such policy, the Trustee shall make reasonable efforts to carry out the provisions of this agreement, including the maintenance or defense of any suit; provided, however, it shall be under no
duty to maintain or enter into any litigation unless its expenses, including counsel fees and costs costs,, have have been been advan advance ced d or guar guarant antee eed d in an amoun amountt and in a manne mannerr reas reasona onabl bly y satisfactory to it. The Trustee may repay any advances made by it or reimburse itself for any such fees and costs out of any principal or income of this trust. D. Right to Loan Assets: The Trustee may, in its absolute and uncontrolled discretion, loan assets with adequate interest and security, as the Trustee determines, to the estate of the Grantor, to the estate of the Grantor's spouse, or to the estate of any beneficiary of any trust fund fund crea create ted d herei herein. n. Th Thee propr propriet iety y of the the loan, loan, the amou amount nt of the loan loan and inter interes estt chargeable thereon, and the security for the loan shall be solely within the discretion of the Trustee, and the Trustee shall incur no liability as a result of such loan or by the default in repayment of such loan in whole or in part. ARTICLE TWO. DISPOSITION OF TRUST ESTATE FOR GRANTOR'S SPOUSE A. During the Life of the Grantor's Spouse: 1. The entire net income received by the Trustee (after payment of all administrative obligations or premiums on life insurance policies, if any), shall be paid to, or for the benefit of _________, _________, spouse of the Grantor, Grantor, if living, in monthly or other convenient convenient installments during her lifetime. 2. Furthermore, the Trustee is authorized to pay to, or for the benefit of, the Grantor's spouse and issue of the Grantor, such portions of the principal of this trust, whether the whole or a lesser amount, as the Trustee shall, from time to time, determine to be necessary in its absolut absolutee and uncontro uncontrolle lled d discre discretion tion for her health, health, mainte maintenance nance,, support support and education, in accordance with her station in life, due regard being given by the Trustee to the amount of income available to her from this trust, and from sources other than this trust. It is the Grantor's intention that the health, maintenance and support of the Grantor's spouse shall be of primary concern, and the Trustee shall exercise its discretion in using principal for the Grant Grantor or's 's spous spousee in a reas reasona onable ble manne mannerr consi consist stent ent with with maint maintai ainin ning g the the accustomed manner of living of the Grantor's spouse, considering all other beneficiaries of this trust to be secondary and without liability to any other beneficiary for the use of principal for the Grantor's Grantor's spouse. spouse. ARTICLE THREE. DISPOSITION OF TRUST ESTATE AFTER DEATH OF BOTH THE GRANTOR AND GRANTOR'S SPOUSE A. Income and Principal to Grantor's Children: Upon the subsequent death of the spouse of the Grantor, if the Grantor predeceases, or upon the death of the Grantor, if said spouse predeceases, predeceases, the balance balance of this trust trust shall shall be held and and distributed distributed as follows: follows: 1. The Trustee shall divide the trust assets for accounting purposes into as many equal shares as shall be equal to the number of children of the Grantor who are then living, and
the number of children of the Grantor Grantor who are deceased, leaving issue then surviving. surviving. The Trustee Trustee need not physically physically divide the trust assets assets into shares, but may regard all shares as a single fund for investment purposes, if it desires. However, all distributions of income and principal shall be made to the beneficiaries of each share from the share created for his or her benefit. 2. After this trust is divided into separate shares, the Trustee shall pay to, or for the benefit of each child of the Grantor, all of the net income derived thereafter from his or her respective share in quarter, annual or other convenient installments, and so much of the principal of his or her respective respective share, from time to time, as it deems advisable advisable in its absolut absolutee and uncontro uncontrolle lled d discret discretion, ion, for his or her health, health, mainte maintenance nance,, support support and education, until his or her respective share is distributed by way of final distribution. At any time after this trust is divided into separate shares, the Trustee is authorized, if it considers it advisable to do so, to advance to the beneficiaries of each share sufficient amounts to enable them to marry, to purchase a home, to enter or purchase a business, to estab establi lish sh a profe profess ssion ional al offi office ce,, to trave travel, l, to take take postpost-gr gradu aduat atee work work,, to purch purchase ase automobiles, and for other similar purposes. 3. When such child attains the age of 25 years, the Trustee shall distribute to such child one third of the balance of the principal of his or her share of the Trust Estate. When such child attains the age of 30 years, the Trustee shall distribute to such child one third of the balance of the principal of his or her share of the Trust Estate. When such child attains the age of 35 years, the Trustee shall then distribute the remaining balance of his/her share of the Trust Estate. 4. In the event a share is created for the issue of any deceased child of the Grantor, or in the event any child of the Grantor dies before receiving all of the assets of his or her respective share leaving issue then surviving, the Trustee shall pay such parts of income and such parts of principal as the Trustee Trustee shall, from time to time, determine to be necessary for the health, maintenance, support and education of such issue from his or her respective share, and then distribute the share of such deceased child of the Grantor, per stirpes, when the youngest living child of such deceased child of the Grantor reaches twenty-one (21) years of age. 5. In the event any child of the Grantor dies before receiving all of the assets of his or her respective share, without leaving issue surviving him or her, or in the event all of his or her issue shall die before final distribution of such share of such deceased child of the Grantor, the share of such deceased child of the Grantor shall be added equally to the shares of the other children of the Grantor (counting as one such share the share held for the issue of another deceased child of the Grantor), in equal proportions, to be held in trust if such shares have not been distributed, or to be distributed outright to the Grantor's other children if their shares have been already distributed to them; or if the Grantor's other children have already received final distribution of his or her share or are no longer living, to the issue of such other deceased child of the Grantor, per stirpes.
6. The Grantor presently has _________ children whose names and birthdates for purposes of this trust are as follows: _________. However, this trust shall also be for the benefit of other children of the Grantor who may be born or legally legally adopted adopted by the the Grantor Grantor after the date of of this Trust Trust Agreeme Agreement nt is signed. signed. B. In the Event of Death of the Grantor, the Grantor's Spouse and All Issue of the Grantor: In the event of the death of the Grantor, Grantor's spouse, all issue of the Grantor, and all other beneficiaries of this trust, prior to the time set for final distribution of the assets of this trust, the remaining remaining trust assets, including including accumulated income, shall be distributed distributed as follows: to the Estate of the Grantor. ARTICLE FOUR. RESTRAINT AGAINST ALIENATION OR ATTACHMENT The income and principal of this trust shall not be alienated or disposed of, or in any manner encumbered encumbered by the beneficiaries beneficiaries thereof while in the possession possession and control of the Trustee. If a beneficiary shall alienate, charge or dispose of his or her said income or principal, principal, or any part thereof, thereof, or any interest interest therein, therein, or if by reason of his or her bankruptcy, bankruptcy, or other event endangering endangering a beneficiary's beneficiary's interest interest in this trust which may occur at any time during the continuance of this trust, said income or principal otherwise intended for said beneficiary shall wholly or in part cease to be enjoyed by him or her as above provided. In such event, the trust hereinbefore expressed concerning said income and principal shall thereupon thereupon cease and terminate terminate as to such beneficiary, beneficiary, and all income and principal otherwise otherwise hereinbefore hereinbefore provided provided for him or her shall thereafter thereafter be held and distributed distributed by the Trustee Trustee for him or her, during the remainder remainder of his or her life, according to the absolute discretion of the Trustee. But the Trustee may, nevertheless, pay to him or her, or for his or her health, maintenance, support and education, or to his or her child, children or spouse thereafter, from such income and principal, such sums as it, in its absolute discretion, shall think fit and proper, having regard for the wishes of the Grantor as in this instrument expressed, and retaining any unexpended sums as part of the principal of the trust to be finally disposed of after the death of such beneficiary, as herein provided. ARTICLE FIVE. DISPENSING WITH ACCRUAL OF INCOME Income accrued on property originally placed in or subsequently added to this trust at the time of its transfer to the Trustee, and dividends on shares of stock originally placed in or subsequently added to this trust which are declared prior to the date such shares are placed in or added to this trust, but payable to stockholders of record determined as of a date which is on or subsequent to the date such shares are placed in or added to this trust, shall be income of this trust. Upon the termination termination of any interest interest in this trust hereunder, hereunder, all income which has accrued on such interest, but which has not been received by said Trustee, and all dividends declared on such interest, but not yet received by said Trustee, shall belong to the succeeding estate, subject to any charges or advances against said income or dividends.
ARTICLE SIX. TERMINATION BY LAW OR BY THE TRUSTEE A. By Law: Law: Anything Anything to the contrar contrary y notwiths notwithstand tanding, ing, the trust trust created created herein herein shall shall terminate not later than twenty-one (21) years after the death of the last survivor of the group composed composed of the Grantor, Grantor, Grantor's spouse and Grantor's issue who are living at the date date this this Trus Trustt Agre Agreem emen entt is signe signed, d, and if any trust trust create created d herei herein n has not sooner sooner terminated, the Trustee at said time shall pay over, convey and deliver the remaining trust assets then in its possession in equal shares to the persons then entitled to receive the income therefrom. B. Premature Termination by Trustee: Notwithstanding any other provisions of this Trust Agreement, after the death of the Grantor and the Grantor's spouse, the Trustee shall be author authoriz ized ed to term termina inate te,, at any time time,, any trust trust crea create ted d hereu hereunde nderr prior prior to the the time time hereinbefore provided for such termination, if the Trustee shall determine, in the absolute and uncontrolled discretion of the Trustee without notice or the approval of any court or beneficiary beneficiary affected affected thereby, that the expense of the continuation continuation of such trust is unreasonably great in relation to the assets thereof and that the termination of such trust will not result in unreasonable financial or other inconvenience to the beneficiaries thereof. A trust may be so terminated prior to the determination of a class of beneficiaries thereof, and in the event of any such termination the principal and accumulated income, if any, of such trust shall be distributed to the then living beneficiaries for whom such trust was held, per stirpes stirpes except as may may be otherwise otherwise expressly expressly provided provided upon termination termination of such such trust at the time hereinbefore provided. C. Termination by Lapsing: This trust may also be terminated at the sole option of the Trustee at any time after two (2) years after the death of the second one to die of the Grantor and the Grantor's spouse, if no assets other than a nominal deposit have been received by the Trustee as trust assets. ARTICLE SEVEN. TRUSTEE'S POWERS OF ADMINISTRATION In addition to and not in limitation of the powers given by law, the Trustee shall have full power: 1. to hold and retain any of the property coming into its possession hereunder in the same form of investment as those forms in which it was received by said Trustee, even though such retention may result in an excess concentration in one class of property, without incurring liability in any way for any loss of principal or income caused by the decline in value of any such investment or investments; 2. to sell or exchange at public or private sale, lease, pledge, mortgage, mortgage, donate, abandon or otherwise dispose of, deal with, or encumber (for any period of time whatsoever, whether
or not ending during the term of the trust), any real or personal property comprising part of the trust estate; 3. to borrow money on the credit of the trust estate from itself or from other sources; 4. to invest and reinvest any money, whether the income or principal at any time in said trust in such bonds, stocks, notes, real estate mortgages, or other securities, life insurance policies, policies, or in such other property, property, real or personal, personal, or in a common common trust fund, as said Trustee Trustee shall deem wise, without being limited limited by any statute or rule of law of the State of Utah regarding investments by trustees now or hereafter in effect; 5. to maintain an uninvested cash reserve; 6. to cause any security or other property which may at any time constitute a portion of said trust to be issued, held or registered in the name of a nominee or in such form that title will pass by deliver delivery; y; 7. to keep any real or personal property of this trust at any location within the United States or abroad, or to keep any such property with a reasonable depository or custodian at any location; 8. to vote by proxy or in person, and exercise all other rights in relation to all stocks and securities contained in said trust; 9. to enter into option or voting trust agreements and to consent to the reorganization, consolidation, liquidation, readjustment of the financial structure or sale of the assets of any corporation or other organization, the securities of which constitute a portion of said trust, and to take any action with reference to said securities which, in the opinion of the Truste Trustee, e, is necessa necessary ry to obtain obtain the benefit benefit of any such such reorgan reorganizat ization, ion, consolid consolidatio ation, n, readjustment, or sale; to exercise any conversion privilege or subscription right given to it as the owner of any security constituting a portion of said trust; to accept and hold as a portion of said trust the securities securities resulting resulting from any such reorganization, reorganization, consolidation, consolidation, readjustment, sale, conversion or subscription; 10. to hold, administer, maintain, subdivide and manage any real estate coming into the trust estate, paying all taxes, assessments, maintenance and other proper charges thereon, with full power to mortgage the real estate if necessary for the purposes of conserving the said trust estate; and to make such improvements, additions and/or alterations as in its judgment will will be beneficial beneficial to said real real estate, and to charge charge the costs and expenses expenses thereof thereof to principal and/or income as the Trustee shall deem equitable; 11. to make payments directly to minor beneficiaries, or to the person with whom such minors are living, without requiring the appointment of a legal guardian to receive such payments, payments, and the receipt signed signed by such minor beneficiary or the person with whom such minor is living, shall discharge the Trustee of any liability to see to the application of such payments; payments;
12. to retain any interest held by it in any business, or to enter into or acquire any interest in any business, whether as a stockholder or security holder of a corporation, a general or limited partner, a sole proprietor, or otherwise, for any length of time, without limitations; to participate in the conduct of such business, and take or delegate to others discretionary power to take any action with respect to its management management and affairs affairs which an individual individual coul could d take take as the the owne ownerr of such such busi busine ness ss,, incl includ udin ing g the the voti voting ng of stoc stock, k, and and the the determi determinati nation on of any or all questi questions ons of policy; policy; to particip participate ate in any incorpor incorporati ation, on, reorgan reorganizat ization, ion, merger merger,, consoli consolidati dation, on, recapit recapitali alizat zation ion or liquidat liquidation ion thereo thereof; f; to invest invest additional capital in, subscribe to additional stock or securities of, and loan money or credit with or without security to, such business out of the trust property, to elect or employ directors, officers, employees or agents of such business, and compensate any persons, including any Trustee or a director, officer or agent of any Trustee; to deal with and act for the business in any capacity, including any banking or trust capacity and the loaning of money out of the Trustee's own funds, and to be compensated therefor; and to sell or liquidate such interest or any part thereof at any time; all without liability, responsibility, or accountability for any action taken by it with regard to such interests or investments, or for any decrease in the value thereof, provided the Trustee shall have been acting at all times in good faith and within the powers and responsibilities conferred on it by law or by this instrument; 13. to employ and compensate out of the trust estate, such attorneys, agents, accountants, brokers, brokers, investment investment counsel, counsel, appraisers, appraisers, custodians, custodians, and other specialists, specialists, advisers, advisers, and assis assista tants nts whos whosee serv service icess are are deem deemed ed by the Trus Truste teee to be desi desira rabl blee for for the prope proper r adminis administra tratio tion n of the trust. trust. The Trustee Trustee shall shall not be liable liable for any neglect neglect,, omissi omission, on, misconduct, or default of any such persons, or for any action or nonaction which the Trustee may take in reliance upon the counsel of such persons, provided that the Trustee shall have selected and retained such person with reasonable care; 14. to contract in such terms which expressly limit liability under such contract to the assets of this trust and which expressly exempt from liability the assets of the Trustee; 15. to rely upon affidavits, certificates, letters, statements, telegrams or other forms of written or oral notice which the Trustee shall believe to be genuine and sufficient, in accorda accordance nce with with the duties duties and discre discretion tionss granted granted to the Truste Trustee, e, without without liabil liability, ity, provided provided the Trustee acts in good faith and without actual knowledge knowledge of any condition condition or changed condition which may affect distributions or operations under this trust, or the status of any beneficiary of this trust; 16. to determine what is income and what is principal, and to charge or credit expenses, gains, losses, premiums, discounts, waste and appreciation or depreciation in value to principal or income, income, or partly to each. In all cases, however, however, the Trustee Trustee shall act in accordance with trust accounting principles as established by available case or statutory law in the State of Utah. The foregoing power shall apply to, but not be limited to, cash and noncash dividends, stock dividends, liquidating dividends, distributions distributions from regulated regulated investm investment ent compani companies, es, premiu premiums ms and discount discountss on the purchase purchase of investm investment ents, s, and
includes the power to set up or not to set up reserves and sinking funds for taxes, assessments, insurance premiums, repairs, improvements, depreciation, obsolescence and maintenance, and for any other purpose; 17. to carry such insurance, including public liability, and property damage insurance, against such hazards to the Trustee or the trust estate, in such amounts and with such insurance companies (whether stock companies or mutual companies) as the Trustee deems advisable; 18. to execute and deliver such deeds, bills of sale, mortgages, releases, consents and other legal legal inst instru rume ments nts as may be neces necessar sary y or appro appropr priat iatee to deli deliver ver in conne connect ctio ion n with with administration of the trust; 19. to do anything for the preservation and management of the trust estate that it deems necessary, desirable or expedient, and to exercise with respect to the trust estate, all powers of an absol absolute ute lega legall and benef benefici icial al owner owner there thereof. of. The Trus Truste teee may may act und under er this this agreement without prior notice to any person and without the approval of any court. All powers of the Trustee shall be continuing ones; none shall be exhausted exhausted by the exercise or repeated exercise exercise thereof, and a power once exercised exercised may be exercised exercised in a different way and with a different or inconsistent result upon any subsequent exercise thereof. ARTICLE EIGHT. MISCELLANEOUS PROVISIONS RELATING TO TRUSTEE A. Trustee may Buy Insurance on Lives of Beneficiaries: After the death of the Grantor, if there are sufficient assets in this trust to do so, the Trustee is authorized to purchase and maintain insurance on the lives of the beneficiaries of the trust created herein or on the lives of anyone in whom a beneficiary of this trust has an insurable interest, as well as health, health, acciden accident, t, hospita hospitaliz lizati ation, on, major major medical medical or other other casualt casualty y insura insurance, nce, as a trust trust investment, and to pay the premium on such insurance policies as they become due and payable out of either income or principal of this trust. On any life insurance insurance so purchased, purchased, the Trustee shall be the owner and beneficiary thereof. B. Division into Shares: In any case in which the Trustee is required, or desires, to divide the principal of the trust estate into parts or shares, it is authorized and empowered in its sole discretion to make division in kind, or partly in kind and partly in money. The judgment of the Trustee Trustee concerning concerning the values for the purpose of such division division of the property property or securities securities shall shall be binding binding and conclusive conclusive on all parties parties interested interested therein. therein. C. Trustee Shall Keep Correct Books of Account: The Trustee shall keep true and correct books of account showing all transactions transactions in the trust estate, estate, which books of account shall at all reasonable times be open to the inspection of any beneficiary hereunder. The Trustee shall render annual statements of receipts and disbursements and an inventory showing the assets and property constituting the trust estate to the income beneficiaries of this trust.
D. Trustee Entitled to Reasonable Compensation: The Trustee shall be entitled to receive reasonable compensation for services rendered in the administration of this trust, which compensation may be paid from the income or the principal of the trust estate, or both. E. Merger: In the event that the fiduciary powers and services of the Trustee shall at any time be merged with, consolidated with, be operated under joint agreement with, or be transfe transferre rred d to any other other corporat corporation, ion, associa associatio tion, n, subsidia subsidiary ry or trust trust company company,, or be reorganized into a new corporation, association, subsidiary or trust company, then such corporation, association, subsidiary or trust company of which it becomes a part, or the corporation, association, subsidiary or trust company succeeding to the fiduciary powers and services of the Trustee Trustee shall, without any further further act on the part of either of the parties hereto, be substituted in place and stead of the Trustee as fiduciary hereunder and shall have have all all of the right rights, s, power powerss and author authorit itie iess give given n to the the Trus Truste tee, e, as the the fiduci fiduciar ary y hereunder, and shall be subject to all of the duties, liabilities and responsibilities imposed upon the Trustee as fiduciary hereunder. F. Removal and Resignation of Trustee: 1. The Grantor's spouse, during her lifetime, at her discretion, may remove or cause the removal of the Trustee or any successor Trustee, as Trustee under the trust. Upon such removal or in the event of the resignation of the Trustee or any successor trustee, the Grantor's spouse shall designate, at her own discretion, another corporate Trustee to serve as successor trustee hereunder. 2. After the death of the Grantor's spouse, the children of the Grantor, by a majority vote, may remove or cause the removal of the Trustee or any successor Trustee, as Trustee under the Trust. Upon such removal or in the event of the resignation of the Trustee or any successor trustee, the children of the Grantor, upon a vote by a majority of them, shall designate another corporate Trustee to serve as successor trustee hereunder. 3. The removal of the Trustee or any successor Trustee shall be accomplished by the delivery of an instrument in writing, executed by the person or persons then entitled to remove or cause the removal of the Trustee or any successor Trustee, to the Trustee or succe success ssor or trus truste tee, e, givi giving ng notic noticee of such such remo removal val,, toge togethe therr with with the the deli delive very ry of an instrument in writing acknowledging acceptance of appointment by the successor corporate Trustee signed by an authorized officer of such successor Trustee. Upon the receipt of such notice, the removed Trustee shall transfer all of the trust assets to the designated designated successor Trus Truste teee subje subject ct to the payme payment nt of all all expen expense sess and reas reasona onabl blee compe compensa nsati tion on to the the removed Trustee. 4. Any Trustee hereunder may at any time resign its duties as Trustee by delivering an instrument in writing signed by an authorized officer, to the person or persons then entitled to remove a Trustee hereunder or to their authorized representatives. Upon the receipt of such notice, the person or persons then entitled to remove a Trustee hereunder or their authorized representatives shall select and designate in writing another corporate successor Trustee to serve hereunder, or an interim or permanent individual successor trustee (who is
not a beneficiary of this trust) in the event no corporate successor Trustee accepts appointment, and upon notice of such appointment and the written acceptance by the successor Trustee, the resigning Trustee shall deliver all of the trust assets to the successor Trustee, subject to the payment of all expenses and reasonable compensation to the resigning Trustee. 5. Upon acceptance by the successor Trustee and upon the accounting and delivery of all trust assets to the successor Trustee, the removed or resigning Trustee shall be completely discharged of any further responsibility for the administration of this trust. No successor Trustee shall have any duty to inquire into the administration of the trust by any prior Trustee, and the successor Trustee shall not have any liability with respect to such administration or any failure of the prior Trustee fully to account. Any claim or action against a prior Trustee may in such event be asserted or filed by a beneficiary or a successor Trustee only within one (1) year after the date of appointment of a successor Trustee. Upon the delivery of all trust assets, the successor Trustee shall be vested with all of the rights, powers, duties and discretion of the prior Trustee. G. Word Usage and Captions: Whenever words are used herein in any gender, they shall be construed as though they were used in the gender appropriate to the circumstances; and wherever words are used herein in the singular or plural form, they shall be construed as though they were used in the form appropriate to the circumstances. Headings and captions in this agreement are inserted for convenience or reference. They constitute no part of this agreement and are not to be considered in the construction hereof. Every pronoun includes corresponding pronouns in the same person of different genders or numbers or both, to the extent the context permits. The words "child," "children," and "issue" used in this trust shall include legally adopted children, and designated heirs. The word "issue" shall mean lineal descendants indefinitely. H. Laws of Control: This agreement shall be construed under the laws of the State of Utah now and hereafter in effect from time to time and applicable thereto. IN WITNESS WHEREOF, the Grantor has affixed his signature hereto, and _________ as Trustee, has caused its corporate signature to be affixed hereto by its proper officer thereunto duly authorized at _________ on the date first above written. Witnesses:
___________________________ ___________________________ ____________________________ Grantor
____________________________ ____________________________ _____________________________ Trustee
Dated: _______________________________
_______________________________________ (signature)
NOTARY: STATE OF UTAH COUNTY OF ________________)
On this __ day of ______, 20__, before me personally appeared ________________, known to me to be the person described in and who executed the foregoing instrument and acknowledged that he/she executed the same (in his/her authorized capacity) as his/her free act and deed. __________________________ Notary Public My Commission Expires on:
