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I, [Name], trustor, create a trust fund of the property listed in Schedule A attached and incorporated by this reference, which I have delivered today to [Name].
I hereby give, transfer, and deliver the property described in Schedule A to the trustees in trust for the purposes stated.
The name of this trust shall be the [Fund].
Trustor, and Trustee, hereby agree as follows:
Transfer of Corpus. Trustor hereby gives and transfers to trustees the property described in the attached schedule together with its income and profits and any other sums that may be transferred to trustees or their successors pursuant to the terms of this agreement, to hold in trust for the uses and purposes set forth in this agreement.
investment & Application of Trust Fund & Income. The trustees shall hold the trust fund and, in their discretion, invest it or parts of it in securities in which trustees are permitted to invest under applicable laws. The trustees from time to time in their own discretion may invest the income to the charitable uses and purposes described above solely by means of contributions to any charitable corporation, trust, community chest, fund, or foundation which at the time of the contribution by the trustees is one of those organizations described in the IRS Code of the United States, contributions to which are deductible for income tax purposes. Trustees shall make distributions at such times and in a manner as not to subject the trust to tax and shall not act in any self dealing as described in Section 4941 of the Internal Revenue Code. Trustees shall not retain any excess business holdings as defined in Section 4943 of the Internal Revenue Code and shall not make any investments as defined in Section 4944 of the Internal Revenue Code nor make any taxable expenditure which would subject the trust or corporate trustee to tax under Section 4945 of the Internal Revenue Code.
Restrictions On Use Of Trust Fund. The trust fund and the income of the trust fund shall be used only for the purposes described above and shall not be used to benefit or inure any private person or corporation, except for the corporate trustee. No part of this trust shall be used for political purposes.
Additional Gifts To Fund. Anyone from time to time may contribute to the trust corpus money or property to the trust, subject to the approval of the trustees.
Trustees Actions. The trustees shall not be responsible for any error or decision which is absent of bad faith.
Trustees Compensation. The corporate trustee shall be reimbursed from time to time as decided by the trustor and be paid by the trust. All expenses incurred through the administration of the trust fund shall be paid by the Trustor. The individual trustees shall serve without compensation.
Decisions Of The Trust. Any action by the trustees must be in writing and signed by a majority of the trustees and shall be filed with the corporate trustee.
Control Of Funds. The corporate trustee shall have exclusive custody of the securities, cash, and other property of the trust fund.
Sucession Of Trustees. In the case of a death or resignation of one of the trustees, the successor shall be appointed by the remaining trustees. The remaining trustees shall have full power to act under this agreement until a new trustee is appointed.
Gifts Irrevocable. Gifts made into the trust under this agreement shall be irrevocable. If it is determined that this trust is not tax exempt after making contributions or gifts in the manner and to the extent provided by the Internal Revenue Code, then such gifts as remain in the fund shall be given to a qualified tax exempt charitable organization selected by trustees to best carry out the purpose of this trust. This trust shall thereupon terminate.
*** If Required By State Law ***
This Section for Notary:
State of _________
County of ________ [County]
On [Date] before me, [Name of Notary], notary, personally appeared [Name of Person(s) Involved], personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
Witness my hand and official seal.
My commission expires: _____