Sample Trust Agreement

8/6/2019 Sample Trust Agreement

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This

LIVING TRUST

prepared for

JOHN SMITH

and

JANE SMITH

by

Jon R. Turner

Attorney and Counsellor at Law376 E. Warm Springs Road, Ste 120

Las Vegas, Nevada 89119

Telephone: (702) 368-3426


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Table of Contents

The JOHN AND JANE SMITH Living

Trust

Introduction

Article One.....................................................Creation of Our Trust

Article Two....................................................Our Family

Article Three..................................................Funding Our Trust

Providing for Us and Our Family during OurLifetimes

Article Four....................................................Administration of Our Trust during Our Lives

Providing for Us and Our Family upon OurDeaths

Article Five....................................................Administration of Our Trust upon the Deathof a Trustmaker

Article Six......................................................Distribution of Our Tangible PersonalProperty and Specific Distributions

Article Seven..................................................The Marital Trust

Article Eight...................................................The Common Trust

Article Nine....................................................Distribution of Our Trust Property

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Article Ten.....................................................Ultimate Distribution Pattern

Article Eleven................................................Methods of Distribution and TrustAdministration with Regard to Minor andDisabled Beneficiaries

Provisions Regarding Our Trustee

Article Twelve...............................................The Resignation, Replacement, andSuccession of Our Trustees

General and Administrative Provisions

Article Thirteen..............................................General Matters and Instructions withRegard to the Trusteeship

Article Fourteen.............................................Definitions and General Provisions

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The JOHN AND JANE SMITH LivingTrust

Article OneCreation of Our Trust

Section 1. Our Trust

We are husband and wife. This is our Living Trust, dated July 2,2007, by JOHN SMITH, the husband Trustmaker, JANE SMITH, the

wife Trustmaker, and the following initial Trustees:

JOHN SMITH

JANE SMITH

Our trust is a joint revocable living trust that contains ourinstructions for our own well-being and that of our loved ones.All references to our trust or trust, unless otherwise stated,shall refer to this Living Trust and the trusts created in it. Allreferences to Trustee shall refer to our initial Trustee or

Trustees, or their successor or successors in trust.

When the term Trustmaker is used in our trust, it shall havethe same legal meaning as Grantor, Settlor, Trustor, or anyother term referring to the maker of a trust.

Notwithstanding anything in our trust to the contrary, when weare serving as Trustees under our trust, either of us may act forand conduct business on behalf of our trust as a Trustee withoutthe consent of any other Trustee.

Section 2. The Name of Our Trust

For purposes of beneficiary designations and transfers directly toour trust, our trust shall be referred to as:

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JOHN SMITH and JANE SMITH, Trustees, or theirsuccessors in trust, under the JOHN AND JANE SMITHLIVING TRUST, dated July 2, 2007, and any amendmentsthereto.

In addition to the above descriptions, any description forreferring to our trust shall be effective to transfer title to ourtrust or to designate our trust as a beneficiary as long as thatdescription includes the date of our trust, the name of at leastone initial or successor Trustee, and any reference that indicatesthat assets are to be held in a fiduciary capacity.

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Article Two

Our Family

The name and birth date of our child are:

JUNIOR SMITH, born April 20, 1983

All references to our children in this agreement are to thesechildren, as well as any children subsequently born to us, orlegally adopted by us.

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Article Three

Funding Our Trust

Section 1. Initial Funding

We hereby fund our trust with $10, and transfer, assign, andconvey all of our right, title, and interest in and to all of ourproperty that is permitted by law to be held in trust to our

Trustee to hold and administer for our benefit and for the benefitof our beneficiaries pursuant to the terms of this trust.

a. Reliance by Third Parties

All third parties shall rely on this transfer and all othertransfers of our property to our trust, and follow all of our

Trustees instructions without risk of incurring anyliability to us, our Trustee, or our beneficiaries.

b. Additional Transfers of Property

Our trust may be additionally funded with propertyinterests of all kinds by either of us or by any otherperson in any manner. All property interests assigned,conveyed, or delivered to our Trustee by parties otherthan us must be acceptable to our Trustee.

Section 2. Funding with Community Property

Any community property and the income and all other proceeds

from such property, which is or becomes trust property shallremain community property during our lives. A transfer of community property to our trust shall not be construed as apartition of the community property without our written consentto the contrary.

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Any separate property, and the income and all other proceedsfrom such property, which is or becomes trust property, shallremain the separate property of a Trustmaker.

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Article Four

Administration of Our Trust

during Our Lives

Section 1. Our Lifetime Powers

While we are both living, we shall have the following powers:

a. Control and Direct Payments

Our Trustee shall distribute or retain the principal andnet income of the community estate, if any, as we maydirect from time to time, except that we shall have nopower to direct our Trustee to make gifts of principal orincome from the community estate to a third party.

Our Trustee shall distribute or retain the principal andnet income of a Trustmakers separate estate as that

Trustmaker shall direct, except that a Trustmaker shallhave no power to direct our Trustee to make gifts of principal or income from the Trustmakers separateestate to a third party.

Any gift made directly by our Trustee to a third party inviolation of these provisions shall be construed as adistribution made directly to either or both of us, andthen a gift from one or both of us to such third party.

Absent directions from us, our Trustee shall distribute thetrust income from the community estate, if any, at least

monthly and shall distribute the trust income from a Trustmakers separate estate to that Trustmaker at leastmonthly.

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b. Investment Decisions

During our lifetime, except for any period of ourincapacity, we individually reserve the right tospecifically approve or disapprove each and every trust

investment, purchase, or sale before it is made. Our Trustee is relieved from all liability for loss which mayresult from the purchase or sale of trust property whichhas been directed by either of us.

c. Add or Remove Trust Property

We shall have the absolute right, either individually or jointly, to add to the trust property at any time. A Trustmaker shall also have the absolute right to remove

his or her own separate property, in whole or in part,from the trust at any time. Both of these rights shall beexercised in writing.

Each of us shall have the absolute right to remove ascommunity property as much of our respective interestsin the community estate, if any, as we shall request inwriting at any time.

d. Amend or Revoke the Trust

We shall have the absolute right to amend or revoke ourtrust, in whole or in part, at any time. Any amendmentor revocation must be in writing, signed by both of us,and delivered to our Trustee.

This right to amend or revoke is personal to us and maynot be exercised by a legal representative of either of us.After the death of one of us, this agreement shall not besubject to amendment or revocation.

Section 2. The Definition of Our Disability

Our disability, for purposes of this agreement, shall be defined asfollows:

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a. The Opinion of Two Licensed Physicians

A Trustmaker shall be deemed disabled during anyperiod when, in the opinion of two licensed physicians, a

Trustmaker is incapacitated or disabled because of

illness, age, or any other cause which results in the Trustmakers inability to effectively manage his or herproperty or financial affairs.

b. Court Determination

A Trustmaker shall also be deemed to be disabled uponthe determination of a court of competent jurisdictionthat a Trustmaker is incompetent, incapacitated, orotherwise legally unable to effectively manage his or her

property or financial affairs.

c. Disappearance or Absence

A Trustmaker shall be deemed to be disabled upon theunexplained disappearance or absence of a Trustmaker,or if a Trustmaker is being detained under duress wherethe Trustmaker is unable to effectively manage his or herproperty or financial affairs.

Section 3. Procedural Guidelines for OurDisability

During any period of time when one or both of us are disabled,our Trustee shall apply the trust property, including its income,exclusively for our benefit and for our valid obligations byobserving the following procedural guidelines:

a. The Disability of One of Us

Our Trustee shall provide as much of the principal andnet income of a disabled Trustmakers separate estate,and as much of the principal and net income of thedisabled Trustmakers share of the community estate, if any, as is necessary or advisable, in its sole and absolute

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discretion, for the health, support, maintenance, andgeneral welfare of the disabled Trustmaker.

Our Trustee may make the distributions called for in thisArticle directly to, or for the benefit of, the disabled

trustmaker.

b. Provide for the Other Trustmaker

During any period of time that one of us is disabled, our Trustee, in its sole and absolute discretion, shall provideas much of the principal and net income of the disabled

Trustmakers separate estate and as much of theprincipal and net income of the disabled Trustmakerscommunity estate, if any, as is necessary for the

education, health, maintenance, and support of the other Trustmaker.

c. Provide for Our Obligations

Our Trustee shall provide as much of the principal andnet income of our trust as our Trustee, in its sole andabsolute discretion, deems advisable for the payment of any valid obligations as confirmed by our Trustee. Apayment shall be paid from any community estate, if an

obligation of both of us, and out of a Trustmakersseparate share or out of a Trustmakers share of thecommunity estate, if any, if an obligation of that

Trustmaker.

Our Trustee shall provide as much of the principal andnet income of our trust as our Trustee deems advisablefor the payment of insurance premiums on policiesowned by one of us, either directly or beneficially, or ourtrust. Our Trustee shall pay premiums for any lifeinsurance policies that are the sole and separate

property of one of us from that Trustmakers sole andseparate property.

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d. Procedural Guidelines

In making distributions under this Section, our Trusteeshall, at all times, give primary consideration to theneeds of the disabled Trustmaker and thereafter to the

other Trustmaker.When making such distributions to the other Trustmaker,our Trustee shall consider other income and resourcesavailable to the other Trustmaker and that are known toour Trustee.

A distribution made to a Trustmaker shall not be chargedagainst the ultimate share which may be distributable tothe Trustmaker under any other provision of thisagreement.

Section 4. Undistributed Net Income

Any net income which is not distributed under this Article shallbe accumulated and added to principal.

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Article Five

Administration of Our Trust

upon the Death of a Trustmaker

Section 1. Payment of Expenses, Claims, andTaxes

Upon the death of a Trustmaker, our Trustee is authorized, butnot directed, to pay the expenses of the last illness, funeral, and

burial of a deceased Trustmaker, including memorials of all typesand memorial services of such kind as our Trustee in its solediscretion shall approve. Our Trustee is also authorized to paylegally enforceable administration expenses and claims againstthe deceased Trustmaker or his or her estate, taxes, and anystatutory or court-ordered allowances for qualifying familymembers.

The payments authorized under this Section are discretionary,and no claims or right to payment by third parties shall beenforced against our trust by virtue of such discretionary

authority.Our Trustee shall be indemnified from the trust property for anydamages sustained by our Trustee as a result of its exercising, ingood faith, the authority granted it under this Section.

The payments authorized under this Section shall be paid only tothe extent that the deceased Trustmakers probate assets (otherthan real estate, tangible personal property, or property that, inour Trustees judgment, is not readily marketable) areinsufficient to make these payments.

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Section 2. Coordination with the PersonalRepresentative

This Section shall be utilized to help facilitate the coordinationbetween our Trustee and the personal representative of thedeceased Trustmakers probate estate, if any.

a. Authorized Payments

Our Trustee, in its sole and absolute discretion, may electto make the payments authorized under this Articleeither directly to the appropriate persons or institutionsor to the personal representative of the deceased

Trustmakers probate estate.

Our Trustee may rely upon the written statements of thedeceased Trustmakers personal representative as to allmaterial facts relating to these payments.

b. Purchase of Assets and Loans

Our Trustee is authorized to purchase and retain in theform received, as an addition to our trust, any propertywhich is a part of the deceased Trustmakers probateestate. In addition, our Trustee may make loans, with orwithout security, to the deceased Trustmakers probateestate. Our Trustee shall not be liable for any losssuffered by our trust as a result of the exercise of thesepowers.

c. Distributions from the Personal Representative

Our Trustee is authorized to accept distributions from thepersonal representative of the deceased Trustmakersprobate estate without audit and shall be under noobligation to examine the records or accounts of thepersonal representative.

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d. Distributions to the Personal Representative

Our Trustee, in its sole and absolute discretion, maymake distributions of any or all of the trust property toour personal representative in order to fund any

testamentary trust created under our Last Will and Testament. In lieu of distributing such property to ourpersonal representative, our Trustee may distribute suchproperty to the Trustee designated in such testamentarytrust.

Section 3. Apportionment

All expenses, claims, and death taxes resulting from the death of

a Trustmaker shall be paid without apportionment and withoutreimbursement from any person, except as otherwise specificallyprovided in this trust.

Notwithstanding anything to the contrary in our trust, allexpenses, claims, and death taxes assessed with regard toproperty passing outside of our trust or outside of our probateestates, shall be chargeable against the persons receiving suchproperty.

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Article Six

Distribution of Our Tangible Personal

Propertyand Specific Distributions

Section 1. Nonbusiness Tangible PersonalProperty

On the death of each of us, our Trustee shall distribute thenonbusiness tangible personal property belonging to thedeceased Trustmaker as follows:

a. Use of Memorandum

Our Trustee shall distribute the jewelry, clothing,household furniture, furnishings and fixtures, chinaware,silver, photographs, works of art, books, boats,automobiles, sporting goods, artifacts relating to thehobbies of the deceased Trustmaker, and all othertangible articles of household or personal use inaccordance with any written, signed, and datedmemorandum left by the deceased Trustmaker directingthe distribution of such property.

Any memorandum written, dated, and signed by thedeceased Trustmaker disposing of nonbusiness tangiblepersonal property shall be incorporated by reference intothis agreement.

Should the deceased Trustmaker leave multiple writtenmemoranda which conflict as to the disposition of anyitem of nonbusiness tangible personal property, thatmemorandum which is last dated shall control as tothose items which are in conflict.

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b. Distribution of Property Not Distributed byMemorandum

If state law does not allow the use of a memorandum todistribute nonbusiness tangible personal property or, to

the extent that a Trustmakers nonbusiness tangiblepersonal property which is or becomes trust property isnot disposed of by memorandum for any reason, thenthat nonbusiness tangible personal property shall bedistributed to the surviving Trustmaker.

If both Trustmakers are deceased, our Trustee shalldistribute the nonbusiness tangible personal property tothe deceased Trustmakers surviving children insubstantially equal shares.

The children of the deceased Trustmaker shall thenallocate specific items of property among them as theyshall agree. Our Trustee may select the property for anychild who is under any form of legal disability. Our

Trustee shall at all times be mindful of the desires of achild when making a selection for that child.

To the extent that the children of the deceased Trustmaker fail to agree as to the division of any item of nonbusiness tangible personal property within areasonable period of time after the death of the

deceased Trustmaker, our Trustee shall, in its sole andabsolute discretion, either divide the property equallyamong the children of the deceased Trustmaker or sellthe property and treat the proceeds as nontangiblepersonal property to be distributed under the terms of this trust agreement.

Any decision made by our Trustee with respect to eitherthe selection or sale of the deceased Trustmakersnonbusiness tangible personal property shall be final andshall be binding on all of the beneficiaries.

c. Distribution on the Death of a Child

If a child should die before the complete distribution of the childs share of nonbusiness tangible personal

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property, our Trustee shall distribute that childs share tothe childs then living descendants, per stirpes.

If the child has no then living descendants, our Trusteeshall distribute the balance of the property to the

deceased Trustmakers then living descendants, perstirpes.

If the deceased Trustmaker has no then livingdescendants, our Trustee shall distribute the balance of the trust property as provided in Article Ten of thisagreement.

Section 2. Business Tangible PersonalProperty

The disposition of the tangible personal property under thisArticle shall not include tangible personal property which our

Trustee, in its sole and absolute discretion, determines to be partof or used exclusively in any business or profession in which thedeceased Trustmaker had an interest at the time of death.

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Article Seven

The Marital Trust

Section 1. Creation of the Marital Trust

If, upon the death of one of us the other Trustmaker is living, thetrust property not previously distributed under this agreementshall be held and administered in a Marital Trust for the benefitof the surviving Trustmaker.

Section 2. Administration of the Marital Trust

The Marital Trust shall be held and administered as follows:

a. The Surviving Trustmakers Right to Income

Our Trustee shall pay to or apply for the benefit of thesurviving Trustmaker, at least monthly during thelifetime of the surviving Trustmaker, all of the net income

from the Marital Trust.

b. The Surviving Trustmakers Right to Principal

Our Trustee shall pay to or apply for the benefit of thesurviving Trustmaker such amounts from the principal of the Marital Trust as the surviving Trustmaker mayrequest at any time in writing.

No limitation shall be placed on the surviving Trustmaker

as to the amount of or reason for such request.

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c. Principal Distributions in Our TrusteesDiscretion

Our Trustee may also distribute to or for the benefit of the surviving Trustmaker as much of the principal of the

Marital Trust as our Trustee, in its sole and absolutediscretion, shall consider necessary or advisable for thesurviving Trustmakers health, education, support, andmaintenance.

d. The Surviving Trustmakers General Power of Appointment

The surviving Trustmaker shall have the unlimited andunrestricted general power to appoint, by a valid last will

and testament or by a valid living trust agreement, theentire principal and any accrued and undistributed netincome of the Marital Trust as it exists at the

Trustmakers death. In exercising this general power of appointment, the surviving Trustmaker shall specificallyrefer to this power.

The surviving Trustmaker shall have the sole andexclusive right to exercise the general power of appointment.

This general power of appointment specifically grants tothe surviving Trustmaker the right to appoint property tothe surviving Trustmakers own estate. It also specificallygrants to the surviving Trustmaker the right to appointthe property among persons, corporations, or otherentities in equal or unequal proportions, and on suchterms and conditions, whether outright or in trust, as thesurviving Trustmaker may elect.

Section 3. Termination of the Marital Trust The Marital Trust shall terminate upon the death of the surviving Trustmaker. The unappointed balance of the Marital Trust shallbe distributed and administered as provided in Article Eight.

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Article Eight

The Common Trust

It is not our desire to create a Common Trust for the benefit of our children. Upon the death of the second Trustmaker to die, allof the trust property which has not been distributed under priorprovisions of this agreement shall be divided, administered, anddistributed under the Articles that follow.

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Article Nine

Distribution of Our Trust Property

Section 1. Division into Separate Shares

The remaining trust property shall be divided into as manyshares as shall be necessary to create one equal share for eachof our then living children, and one equal share for each of ourdeceased children who has then living descendants.

Section 2. Distribution of Trust Shares for OurLiving Children

The share of each child then living shall be distributed as follows:

Distribution of Trust Share for JUNIOR SMITH

The trust share set aside for JUNIOR SMITH shall forthwithterminate and my Trustee shall distribute all

undistributed net income and principal to JUNIOR SMITH,free of the trust.

JUNIOR SMITH shall have the unlimited andunrestricted general power to appoint, by a validlast will and testament or by a valid living trustagreement, the entire principal and any accruedand undistributed net income of his trust shareas it exists at his death. In exercising thisgeneral power of appointment, JUNIOR SMITHshall specifically refer to this power.

JUNIOR SMITH shall have the sole and exclusiveright to exercise the general power of appointment.

This general power of appointment specificallygrants to JUNIOR SMITH the right to appoint

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property to his own estate. It also specificallygrants to him the right to appoint the propertyamong persons, corporations, or other entities inequal or unequal proportions, and on such termsand conditions, whether outright or in trust, as he

may elect. To the extent this general power of appointmentis not exercised, my Trustee shall distribute theremaining trust property to the then livingdescendants of JUNIOR SMITH, per stirpes.

If JUNIOR SMITH has no then living descendants,my Trustee shall distribute the balance of thetrust property to my then living descendants, perstirpes.

If I have no then living descendants, my Trusteeshall distribute the remaining trust property asprovided in Article Ten of this agreement.

Section 3. Share of a Descendant of theDeceased Child

The trust property for our deceased child who has then livingdescendants shall be distributed or administered as follows:

a. Outright Distribution

The property for our deceased child who has then livingdescendants shall be distributed to such descendants,per stirpes.

b. Retention of a Minors or DisabledDescendants Portion in Trust

If any portion of a share is distributable under thisSection to any descendant of our deceased child who isunder 21 years of age, or to any such descendant who isdisabled or incapacitated as defined in Article Fourteen

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of this agreement, then our Trustee shall retain suchportion in trust under the provisions of Article Eleven.

Section 4. Retention of Distributions in TrustWhenever a distribution is authorized or required to be made bya provision of this Article to our beneficiary, then our beneficiarymay direct our Trustee in writing to retain such distribution intrust as follows:

a. The Beneficiarys Right to Income

Our Trustee, during the lifetime of the beneficiary, shall

pay to or apply for the benefit of the beneficiary fromtime to time and at the beneficiarys written direction allof the net income from this trust.

b. The Beneficiarys Right to Withdraw Principal

Our Trustee shall pay to or apply for the benefit of thebeneficiary such amounts from the principal as thebeneficiary may at any time request in writing.

No limitation shall be placed on the beneficiary as toeither the amount of or reason for such invasion of principal.

c. Principal Distributions in Our TrusteesDiscretion

Our Trustee may also distribute to or for the benefit of the beneficiary as much of the principal of the trust asour Trustee, in its sole and absolute discretion, shallconsider necessary or advisable for the education,health, maintenance, and support of the beneficiary.

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d. The Beneficiarys General Power of Appointment

The beneficiary shall have the unlimited and unrestrictedgeneral power to appoint, by a valid last will and

testament or trust agreement, the entire principal andany accrued and undistributed net income of the trust asit exists at the beneficiarys death. In exercising thisgeneral power of appointment, the beneficiary shallspecifically refer to this power.

The beneficiary shall have the sole and exclusive right toexercise the general power of appointment.

This general power of appointment specifically grants tothe beneficiary the right to appoint property to the

beneficiarys own estate. It also specifically grants to thebeneficiary the right to appoint the property amongpersons, corporations, or other entities in equal orunequal proportions, and on such terms and conditions,whether outright or in trust, as the beneficiary may elect.

Any property in the trust which is not distributedpursuant to the exercise of the general power of appointment shall be distributed to the beneficiarys thenliving descendants, per stirpes.

If the beneficiary has no then living descendants, our Trustee shall distribute the remaining trust property asprovided in Article Ten of this agreement.

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Article Ten

Ultimate Distribution Pattern

If at any time there is no person, corporation, or other entityentitled to receive all or any part of the trust property of one of us:

One-half of the trust property shall be distributed tothose persons who would be the wife Trustmakers heirshad she died intestate owning such property.

The balance of the property shall be distributed to thosepersons who would be the husband Trustmakers heirshad he died intestate owning such property.

The distribution of trust property, for purposes of this Article,shall be determined by the laws of descent and distribution forintestate estates in the State of Nevada as such laws are ineffect at the time of any distribution under this Article.

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Article Eleven

Methods of Distribution and Trust

Administration with Regard to

Minor and Disabled Beneficiaries

Section 1. General Guidelines for Distribution

Whenever a distribution is authorized or required by a provisionof this agreement to any beneficiary, except for the surviving

Trustmaker, who is disabled or incapacitated, such distributionmay be made by our Trustee:

Without continuing court supervision or the interventionof a guardian, conservator, or any other legalrepresentative.

Without giving or requiring any bond or surety on bond.

Pursuant to any of the methods authorized under thisArticle.

In making distributions under this Article, disability or incapacityshall include adjudicated mental incapacity by a court of competent jurisdiction, or incapacity because of age, illness, orinjury.

Before making any distributions to beneficiaries, other than a Trustmaker, under this Article, it is our desire that our Trustee, tothe extent that it is both reasonable and possible:

Inquire into the ultimate disposition of the distributedfunds.

Take into consideration the behavior of trustbeneficiaries with regard to their disposition of priordistributions of trust property.

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Our Trustee shall obtain a receipt from the person, corporation,or other entity receiving any distribution called for in this Article.

Section 2. Methods of PaymentOur Trustee may make the distributions called for in this Articlein any one or more of the following ways:

Directly to a beneficiary.

To persons, corporations, or other entities for the use andbenefit of the beneficiary.

To an account in a commercial bank or savings institution

in the name of the beneficiary, or in a form reserving thetitle, management, and custody of the account to asuitable person, corporation, or other entity for the useand benefit of the beneficiary.

In any prudent form of annuity purchased for the use andbenefit of the beneficiary.

To any person or duly licensed financial institution,including our Trustee, as a custodian under the Uniform

Transfers to Minors Act, or any similar act, of any state,

or in any manner allowed by any state statute dealingwith gifts or distributions to minors or other individualsunder a legal disability.

To any guardian, agent under a valid power of attorney,or other person deemed by our Trustee to beresponsible, and who has assumed the responsibility of caring for the beneficiary.

Section 3. Our Trustees Discretion to KeepProperty in Trust

If any trust property becomes distributable to a beneficiary whenthe beneficiary is under 21 years of age, or when the beneficiaryis under any form of legal disability, as defined in ArticleFourteen, our Trustee may retain that beneficiarys share in a

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separate trust until he or she attains 21 years of age, or until hisor her legal disability has ceased, as follows:

a. Distributions of Trust Income and Principal

Our Trustee shall apply to or for the benefit of thebeneficiary as much of the net income and principal of the trust as our Trustee, in its sole and absolutediscretion, deems necessary or advisable for thebeneficiarys education, health, maintenance, andsupport.

In making any distributions of income and principal underthis Article, our Trustee shall be mindful of, and take intoconsideration to the extent it deems necessary, any

additional sources of income and principal available tothe beneficiary which arise outside of this agreement.

Any net income not distributed to a beneficiary shall beaccumulated and added to principal.

b. Termination and Distribution

Our Trustee shall distribute the trust property to abeneficiary:

When he or she attains 21 years of age, or

When he or she ceases to be disabled.

c. A Beneficiarys General Power to Appoint TrustProperty

If a beneficiary should die before the completedistribution of his or her trust, the trust shall terminate

and all of the trust property shall be distributed to suchpersons, corporations, or other entities, including thebeneficiarys own estate, in the manner in which thebeneficiary shall elect.

This general power of appointment must be exercised bythe beneficiary by either a valid living trust or last will

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and testament, either of which specifically refers to thispower of appointment.

To the extent this general power of appointment is notexercised, our Trustee shall distribute the remaining trust

property to the then living descendants of thebeneficiary, per stirpes.

If the beneficiary has no then living descendants, our Trustee shall distribute the remaining trust property toour then living descendants, per stirpes.

If we have no then living descendants, our Trustee shalldistribute the remaining trust property as provided inArticle Ten of this agreement.

Section 4. Application to the Trustmakers

Notwithstanding anything in this agreement to the contrary, inno event shall this Article apply to either of the Trustmakers.

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Article Twelve

The Resignation, Replacement, and

Succession of Our Trustees

Section 1. The Resignation of a Trustee

Any Trustee may resign by giving thirty days written notice toeach of us or to our respective legal representatives. If either of us is not living, the notice shall be delivered to the Trustee andto all of the beneficiaries then eligible to receive mandatory ordiscretionary distributions of net income from any trust createdunder this agreement.

If a beneficiary is a minor or is legally incapacitated, the noticeshall be delivered to that beneficiarys guardian or other legalrepresentative.

Section 2. The Removal of a Trustee

Any Trustee may be removed as follows:

a. Removal by Us

We reserve the right to remove any Trustee at any time,but only if we both agree.

b. Removal by One of Us

After one of us dies or during any period that one of us isdisabled and the other Trustmaker is living and is notdisabled, the surviving nondisabled Trustmaker mayremove any Trustee.

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c. Removal by Other Beneficiaries

After the death or incapacity of both of us, a majority of the beneficiaries then eligible to receive mandatory ordiscretionary distributions of net income under this

agreement may remove any Trustee.

d. Notice of Removal

Neither of us, nor any of our beneficiaries, need give any Trustee being removed any reason, cause, or ground forsuch removal.

Notice of removal shall be effective when made in writingby either:

Personally delivering notice to the Trustee andsecuring a written receipt, or

Mailing notice in the United States mail to thelast known address of the Trustee by certifiedmail, return receipt requested.

Section 3. Replacement of Trustees

Whenever a Trustee is removed, dies, resigns, becomes legallyincapacitated, or is otherwise unable or unwilling to serve, that

Trustee shall be replaced as follows:

a. The Death or Disability of a Trustee While WeAre Serving as Trustees

We may serve as the only Trustees or we may name anynumber of Trustees to serve with us. If any of theseother Trustees subsequently die, resign, become legallyincapacitated, or are otherwise unable or unwilling toserve as a Trustee, we may or may not fill the vacancy,as we both agree.

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b. Disability Trustees of JOHN SMITH

Upon the disability of JOHN SMITH, JANE SMITH shallserve as disability Trustee. If the nondisabled

Trustmaker is then serving as a Trustee, she shall

continue to serve upon the disability of JOHN SMITH.If the disability Trustee is unwilling or unable to serve, orcannot continue to serve for any other reason, then thefollowing shall be named as replacement disability

Trustees in the order in which their names appear:

First, JUNIOR SMITH; then

Second, BILL SMITH.

c. Disability Trustees of JANE SMITH

Upon the disability of JANE SMITH, JOHN SMITH shallserve as disability Trustee. If the nondisabled

Trustmaker is then serving as a Trustee, he shallcontinue to serve upon the disability of JANE SMITH.

If the disability Trustee is unwilling or unable to serve, orcannot continue to serve for any other reason, then thefollowing shall be named as replacement disability

Trustees in the order in which their names appear:


Second, BILL SMITH.

d. Death Trustees of JOHN SMITH

On the death of JOHN SMITH, JANE SMITH acting as ourdeath Trustee shall replace all of our initial Trustees, if

they are then serving, or the disability Trustee, if she isthen serving. If the surviving Trustmaker is then servingas a Trustee, she shall continue to serve upon the deathof JOHN SMITH.

If the death Trustee is unwilling or unable to serve as adeath Trustee, or cannot continue to serve for any other

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reason, then the following shall be named as successordeath Trustees in the order in which their names appear:


Second, BILL SMITH.

e. Death Trustees of JANE SMITH

On the death of JANE SMITH, JOHN SMITH acting as ourdeath Trustee shall replace all of our initial Trustees, if they are then serving, or all of the disability Trustees, if he is then serving. If the surviving Trustmaker is thenserving as a Trustee, he shall continue to serve upon thedeath of JANE SMITH.

If the death Trustee is unwilling or unable to serve as a Trustee, or cannot continue to serve for any otherreason, then the following shall be named as successordeath Trustees in the order in which their names appear:


Second, BILL SMITH.

f. Successor Trustees

A successor death Trustee shall be replaced upon death,resignation, or legal disability and the next successordeath Trustee in the order named above shall serve andcarry out the terms and provisions of our trust.

A Trustee may be listed more than once in this Section oran initial Trustee may also be named as a disability

Trustee or a Trustee who will serve at death. Naming a Trustee more than once is done as a convenience only

and is not to be construed as a termination of that Trustees trusteeship.

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g. Unfilled Trusteeship

In the event no named Trustees are available, a majorityof the beneficiaries then eligible to receive mandatory ordiscretionary distributions of net income under this

agreement shall forthwith name a corporate fiduciary.If a majority of the beneficiaries then eligible to receivemandatory or discretionary distributions of net incomeunder this agreement cannot agree on a corporatefiduciary, any beneficiary can petition a court of competent jurisdiction, ex parte, to designate acorporate fiduciary as a Trustee.

The court that designates the successor Trustee shall notacquire any jurisdiction over any trust created under this

agreement, except to the extent necessary to name acorporate fiduciary as a successor Trustee.

Section 4. Corporate Fiduciaries

Any corporate fiduciary named in this trust agreement orappointed by a court of competent jurisdiction as a Trustee mustbe a bank or trust company situated in the United States havingtrust powers under applicable federal or state law.

Such fiduciary shall have a combined capital and surplus of atleast 25 million dollars.

Section 5. Powers and Liabilities of SuccessorTrustee

Any successor Trustee, whether corporate or individual, shallhave all of the rights, powers, and privileges, and be subject toall of the obligations and duties, both discretionary andministerial, as given to the original Trustees.

Any successor Trustee shall be subject to any restrictionsimposed on the original Trustees. No successor Trustee shall berequired to examine the accounts, records, and acts of anyprevious Trustees.

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Article Thirteen

General Matters and Instructions

with Regard to the Trusteeship

Section 1. Use of Trustee Nomenclature

As used throughout this agreement, the word Trustee shallrefer to our initial Trustee as well as any single, additional, orsuccessor Trustees. It shall also refer to any individual,corporation, or other entity acting as a replacement, substitute,or added Trustee.

Section 2. No Requirement to Furnish Bond

Our Trustee shall not be required to furnish a bond for thefaithful performance of its duties.

If a bond is required by any law or court of competent

jurisdiction, it is our desire that no surety be required on suchbond.

Section 3. Court Supervision Not Required

All trusts created under this agreement shall be administeredfree from the active supervision of any court.

Any proceedings to seek judicial instructions or a judicial

determination shall be initiated by our Trustee in the appropriatestate court having original jurisdiction of those matters relatingto the construction and administration of trusts.

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Section 4. Our Trustees Responsibility toMake Information Available toBeneficiaries

Each beneficiary shall receive at least annually from our Trusteea complete statement of all receipts, disbursements,distributions, and assets of each trust in which the beneficiaryhas a mandatory or discretionary income interest. Our Trusteemay furnish the beneficiary with a copy of the trusts annualfederal income tax return to satisfy this requirement.

The trusts books, records, and documentation shall be availableat all reasonable times for inspection by a trust beneficiary andhis or her legal representatives.

Our Trustee shall not be required to furnish a trusts books,records, or documentation to any individual, corporation, or otherentity without the express written approval of that trustsbeneficiary or pursuant to a court order.

Section 5. Delegation among Our Trustees

Any Trustee may delegate in writing to any other Trustee thepower to exercise any or all powers granted our Trustee in thisagreement, including those which are discretionary, if suchdelegation is allowed by law. Our delegating Trustee may revokeany such delegation in writing at any time.

Section 6. Utilization of Substitute Trustee

If our Trustee is unwilling or unable to act as to any trustproperty, our Trustee shall designate, in writing, an individual orinstitutional trustee situated in any state or country to act as a

substitute Trustee with regard to such property. The property being administered by the substitute Trustee, aswell as the net income therefrom, shall be distributed or remittedas directed by the delegating Trustee consistent with the termsof this agreement.

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A substitute Trustee shall exercise all of the fiduciary powersgranted by this agreement unless expressly limited by thedelegating Trustee in the instrument appointing such substitute

Trustee.

A substitute Trustee may resign at any time by delivering writtennotice to our Trustee. Our Trustee may terminate a substitute Trustee in writing at any time.

Section 7. Trustees Fee

Our Trustee shall be entitled to fair and reasonablecompensation for the services it renders as a fiduciary. Theamount of compensation shall be an amount equal to the

customary and prevailing charges for services of a similar natureduring the same period of time and in the same geographiclocale.

Our Trustee shall be reimbursed for the reasonable costs andexpenses incurred in connection with its fiduciary duties underthis agreement.

Section 8. A Majority of Trustees Required toControl

When more than two Trustees are acting, the concurrence and joinder of a majority of the Trustees shall control in all matterspertaining to the administration of any trust created under thisagreement.

If only two Trustees are acting, the concurrence and joinder of both shall be required.

Any dissenting or abstaining Trustee shall be absolved frompersonal liability by registering a written dissent or abstentionwith the records of the trust. The dissenting Trustee shallthereafter act with the other Trustees in any manner necessaryor appropriate to effectuate the decision of the majority.

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Section 9. Successor Corporate Fiduciaries

If any bank or trust company succeeds to the trust business of any corporate fiduciary serving as a Trustee under thisagreement, whether because of a name change or any other

form of reorganization, or if such corporate fiduciary transfers allof its existing business to any other bank or trust company, thesuccessor shall thereupon, without any action being required,succeed to the trusteeship as if originally named.

Section 10. Early Termination of Trusts Basedon Cost

If our Trustee, other than a beneficiary acting as a Trustee, shalldetermine that any trust created under this agreement hasbecome uneconomical to administer due to the disproportionatecost of administration relative to the value of the trust property,our Trustee may terminate such trust or trusts and distribute thetrust property, including any accrued but undistributed netincome, in the following order:

To us, or to the survivor of us.

To the then mandatory income beneficiaries of the trust,per stirpes.

To the beneficiaries then entitled to receive discretionarypayments of income of the trust, per stirpes.

Section 11. Trustees Powers

Our Trustee may exercise those powers set forth under the Trustees or Fiduciaries Powers Act, or its equivalent, of the

State of Nevada, together with any amendments. In addition,our Trustee shall have the following powers:

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a. Banking Powers

Our Trustee is authorized to establish and maintain bankand financial accounts of all types in one or morefinancial institutions that our Trustee may choose.

b. Collection of Life Insurance and Other DeathProceeds

Our Trustee shall make a reasonable effort to collect allsums made payable to our trust or to our Trustee underlife insurance policies and other death benefit plans.

In collecting such proceeds, our Trustee may, in its soleand absolute discretion, exercise any of the settlement

options or elections that may be available under theterms of life insurance policies or any other third-partybeneficiary contracts which are the deceased

Trustmakers separate property.

Our Trustee and the surviving Trustmaker shall togethermake all appropriate elections with regard to lifeinsurance policies, retirement plans, and other deathbenefits which are a part of our community property.Such elections shall be consistent with the laws of thestate having jurisdiction over those proceeds.

The receipt of the proceeds by our Trustee shall relieve aperson or entity making such payments from furtherliability with regard to those payments.

c. Environmental Powers

Our Trustee shall have the power to inspect any trustproperty to determine compliance with anyenvironmental law affecting such property or to respond

to any environmental law affecting property held by our Trustee. Environmental Law shall mean any federal,state, or local law, rule, regulation, or ordinance relatingto protection of the environment or of human health.

Our Trustee shall have the power to refuse to acceptproperty if our Trustee determines that there is a

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substantial risk that such property is contaminated byany hazardous substance or has previously, or iscurrently, being used for any activities directly orindirectly involving hazardous substances which couldresult in liability to the trust assets. Hazardous

substance shall mean any substance defined ashazardous or toxic by any federal, state, or local law,rule, regulation, or ordinance.

Our Trustee shall have the power to take any necessaryaction to prevent, abate, clean up or otherwise respondto any actual or threatened violation of anyenvironmental law affecting trust property prior to orafter the initiation or enforcement of any action by anygovernmental body.

Our Trustee may disclaim or release any power grantedto it or implied by any document, statute, or rule of lawwhich the Trustee determines may cause the Trustee toincur liability under any environmental law.

Our Trustee may charge the cost of any inspection,review, prevention, abatement, response, cleanup, orremedial action authorized under this power against thetrust property.

Our Trustee shall not be liable to any beneficiary or to

any other party for any decrease in value of the trustproperty by reason of our Trustees compliance with anyenvironmental law, specifically including any reportingrequirement under such law.

d. Insurance Powers

Our Trustee may purchase insurance of any kindincluding life, annuity, accident, sickness, and medicalinsurance for the benefit of any beneficiary.

e. Loan, Borrowing, and Encumbrance Powers

Our Trustee may loan money to a beneficiary with orwithout interest, on any term or on demand, with or

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without collateral, as it deems to be in the best interestsof the trusts beneficiaries.

It may borrow money upon such terms and conditions asit shall deem advisable, including, in the case of a

corporate fiduciary, the power to borrow from its ownbanking or commercial department.

It shall have the power to obligate the trust property forthe repayment of any sums borrowed.

Our Trustee shall have the power to encumber the trustproperty, in whole or in part, by a mortgage ormortgages, deeds of trust, or by pledge, hypothecationor otherwise, even though such encumbrance maycontinue to be effective after the term of any trust or

trusts created in this agreement.

f. Margin and Brokerage Account Powers

Our Trustee is authorized to buy, sell, and trade insecurities of any nature, including short sales. Our

Trustee may maintain and operate margin accounts withbrokers, and may pledge any securities held orpurchased by our Trustee with such brokers as securityfor loans and advances made to our Trustee.

g. Nominee Powers

Our Trustee may hold trust property directly in the nameof our Trustee as Trustee, in the name of our Trustee asan individual, in the individual names of our Trustees as

joint tenants, in the name of a nominee partnership, or inthe name of any other kind of nominee.

Our Trustee may enter into agreements which facilitate

the holding of trust property in the name of a nominee,and may hold trust property in nominee form with orwithout disclosing its fiduciary capacity.

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h. Retirement Plan Elections

Our Trustee shall have the right, in its sole and absolutediscretion, to elect to receive any retirement plan deathproceeds, whether under a qualified pension, profit

sharing, HR-10, individual retirement account, or anyother retirement plan, either in a lump sum or in anyother manner permitted by the terms of the particularretirement plan, to the extent of the interest of thedeceased Trustmaker.

Our Trustee, in its sole and absolute discretion, maydisclaim the benefits of any retirement plan payable toour trust, including individual retirement accounts thatare payable to our trust. Such disclaimed benefits shallbe payable directly to the surviving Trustmaker.

i. Real Estate Powers

Our Trustee may purchase, sell, transfer, exchange orotherwise acquire or dispose of any real estate.

Our Trustee may make leases and grant options to leasefor any term, even though the term may extend beyondthe termination of any trust created under thisagreement.

It may elect to insure, as it deems advisable, all actionscontemplated by this subsection.

Our Trustee may take any other action reasonablynecessary for the preservation of real estate and fixturescomprising a part of the trust property or the incometherefrom.

Our Trustee shall exercise its administrative and investmentpowers as our Trustee determines in its sole and absolute

discretion to be in the best interests of the beneficiaries and shalldo so without the order of any court.

Notwithstanding anything to the contrary in this agreement, our Trustee shall not exercise any power in a manner inconsistentwith the beneficiaries rights to the beneficial enjoyment of the

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trust property in accordance with the general principles of thelaw of trusts.

Our Trustee may perform every act reasonably necessary toadminister each and every share or trust created under this

agreement. Each power conferred upon our Trustee under thisArticle, or upon Trustees in general, by applicable state orfederal statutes, shall be subject to any express limitations orcontrary directions contained in this agreement.

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Article Fourteen

Definitions and General Provisions

Section 1. Definitions

For purposes of this agreement, the following words and phrasesshall be defined as follows:

a. Adopted and Afterborn Persons

Persons who are legally adopted while they are under 18years of age shall be treated for all purposes under thisagreement as though they were the naturally bornchildren of their adopting parents.

An afterborn person is a descendant of ours who is bornafter the date that we sign this agreement. A child ingestation who is later born alive shall be considered achild in being throughout the period of gestation.

b. Descendants

A persons descendants shall include all of his or herlineal descendants through all generations.

A descendant in gestation who is later born alive shall beconsidered a descendant in being throughout the periodof gestation.

An adopted person, and all persons who are thedescendants by blood or by legal adoption while under

the age of 18 years of such adopted person, shall beconsidered descendants of the adopting parents as wellas the adopting parents ancestors.

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c. Per Stirpes Distributions

Whenever a distribution is to be made to a personsdescendants, per stirpes:

The distributable assets are to be divided into asmany shares as there are then living children of such person and deceased children of suchperson who left then living descendants.

Each then living child shall receive one share andthe share of each deceased child shall be dividedamong such childs then living descendants inthe same manner.

d. Education

As used in this trust, education shall include:

Any course of study or instruction at anaccredited college or university grantingundergraduate or graduate degrees.

Any course of study or instruction at anyinstitution for specialized, vocational, orprofessional training.

Any curriculum offered by any institution that isrecognized for purposes of receiving financialassistance from any state or federal agency orprogram.

Any course of study or instruction which may beuseful in preparing a beneficiary for any vocationconsistent with the beneficiarys abilities andinterests.

Distributions for education may include tuition, fees,books, supplies, living expenses, travel, and spendingmoney to the extent that they are reasonable.

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e. Personal Representative

For the purposes of this agreement, the term personalrepresentative shall include an executor, administrator,guardian, custodian, conservator, Trustee, or any other

form of personal representative.

f. Disability

Except as otherwise provided in this agreement, anyindividual may be treated as disabled, incompetent, orlegally incapacitated if:

The individual has been declared or adjudicatedas such by a court of competent jurisdiction, or

A guardian, conservator, or other personalrepresentative of such individuals person orestate has been appointed by a court of competent jurisdiction, or

The individual has been certified as such inwriting by at least two licensed physicians, or

The individual has disappeared or is absent forunexplained reasons, or the individual is being

detained under duress where the individual isunable to effectively manage his or her propertyor financial affairs.

Section 2. Dissolution of Our Marriage

If our marriage is dissolved at any time, each spouse shall bedeemed to have predeceased the other for purposes of distributions under this agreement. It is our intent that ourrespective property held in our trust shall not be used for thebenefit of the other spouse upon the dissolution of our marriage.

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Section 3. The Rule Against Perpetuities

Unless sooner terminated by the express provisions of thisagreement, each trust created in this agreement shall terminatetwenty-one years after the death of the last survivor of the group

composed of the both of us and those of our descendants livingat the time the first one of us dies. At that time, the propertyheld in trust shall be discharged of any further trust, and shallimmediately vest in and be distributed to those persons entitledto receive or have the benefit of the income from the respectivetrust.

For purposes of distributions under this Section only, it shall bepresumed that any person then entitled to receive anydiscretionary payments of the income of a separate trust isentitled to receive all of the income, and it shall be presumed

that any class of persons entitled to receive discretionarypayments of income is entitled to receive all of such income.

Section 4. Protective Clause

To the fullest extent permitted by law, the interests of all of thebeneficiaries in the various trusts and trust property subject tothis agreement, except for our interests in the various trusts ortrust property subject to this agreement, shall not be alienated,pledged, anticipated, assigned, or encumbered unlessspecifically authorized by the terms of this agreement.

Such interests shall not be subject to legal process or to theclaims of any creditors, other than our creditors to the extent of each of our respective interests in the trusts or trust property,while such interests remain trust property.

Section 5. Maintaining Property in Trust

If, on the termination of any separate trust created under thisagreement, a final distribution is to be made to a beneficiary forwhom our Trustee holds a trust created under this agreement,such distribution shall be added to such trust rather than beingdistributed.

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The property that is added to the trust shall be treated forpurposes of administration as though it had been an original partof the trust.

Section 6. Survivorship Presumptions

If the order of our deaths cannot be established by proof, thewife Trustmaker shall be deemed to have survived the husband

Trustmaker.

Section 7. Contest Clause

If any person, including a beneficiary, other than one of us, shallin any manner, directly or indirectly, attempt to contest oroppose the validity of this agreement, including anyamendments thereto, or commences or prosecutes any legalproceedings to set this agreement aside, then in such event suchperson shall forfeit his or her share, cease to have any right orinterest in the trust property, and shall be deemed to havepredeceased both of us.

Should any person disclaim his or her interest, in whole or inpart, in any trust created for his or her benefit in this trustagreement, the result of which would be for that person toreceive trust property free of trust earlier than provided by theterms of the trust, then the disclaiming person shall forfeit his orher interest in the trust, shall cease to have any right or interestin the trust property, and shall be deemed to have predeceasedboth of us.

In the event the surviving Trustmaker successfully elects to takea statutory share of the deceased Trustmakers estate asprovided under state law, then the surviving Trustmakersinterest in the deceased Trustmakers property in this trust shallterminate and any of the deceased Trustmakers propertypreviously held in trust for the benefit of the surviving

Trustmaker as provided in this agreement shall be held anddistributed as though the surviving Trustmaker had predeceasedthe deceased Trustmaker, notwithstanding any provision in thisagreement to the contrary.

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Section 8. Changing the Trust Situs

After the death or disability of one of us, the situs of thisagreement may be changed by the unanimous consent of all of the beneficiaries then eligible to receive mandatory or

discretionary distributions of net income under this agreement.

If such consent is obtained, the beneficiaries shall notify our Trustee in writing of such change of trust situs, and shall, if necessary, designate a successor corporate fiduciary in the newsitus. This notice shall constitute removal of the current Trustee,if appropriate, and any successor corporate Trustee shall assumeits duties as provided under this agreement.

A change in situs under this Section shall be final and binding,and shall not be subject to judicial review.

Section 9. General Matters

The following general matters of construction shall apply to theprovisions of this agreement:

a. Construction

Unless the context requires otherwise, words denotingthe singular may be construed as denoting the plural,and words of the plural may be construed as denotingthe singular. Words of one gender may be construed asdenoting another gender as is appropriate within suchcontext.

b. Headings of Articles, Sections, and Paragraphs

The headings of Articles, Sections, and Paragraphs usedwithin this agreement are included solely for theconvenience and reference of the reader. They shallhave no significance in the interpretation or constructionof this agreement.

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c. Notices

All notices required to be given in this agreement shallbe made in writing by either:

Personally delivering notice to the party requiringit, and securing a written receipt, or

Mailing notice by certified United States mail,return receipt requested, to the last knownaddress of the party requiring notice.

The effective date of the notice shall be the date of thewritten receipt or the date of the return receipt, if received, or if not, the date it would have normally beenreceived via certified mail, provided there is evidence of

mailing.

d. Delivery

For purposes of this agreement delivery shall mean:

Personal delivery to any party, or

Delivery by certified United States mail, returnreceipt requested to the party making delivery.

The effective date of delivery shall be the date of personal delivery or the date of the return receipt, if received, or if not, the date it would have normally beenreceived via certified mail, provided there is evidence of mailing.

e. Applicable State Law

The validity of this trust shall be determined by reference

to the laws of the State of Nevada.

Questions with regard to the construction andadministration of the various trusts contained in thisagreement shall be determined by reference to the lawsof the state in which the trust is then currently beingadministered.

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f. Duplicate Originals

This agreement may be executed in severalcounterparts; each counterpart shall be considered aduplicate original agreement.

g. Not Contractual

We are executing our wills at or about the same time, buteven though our wills are similar, they are not intendedto be, and shall not be construed to be, contractual orreciprocal.

h. Severability

If any provision of this agreement is declared by a courtof competent jurisdiction to be invalid for any reason,such invalidity shall not affect the remaining provisionsof this agreement. The remaining provisions shall befully severable, and this agreement shall be construedand enforced as if the invalid provision had never beenincluded in this agreement.

We have executed this agreement the day and year first writtenabove.

We certify that we have read this agreement and that it correctlystates the terms and conditions under which our trust property isto be held, managed, and disposed of by our Trustee. We fullyunderstand that this trust agreement does not provide anyfederal or state estate tax planning, and that our trust must be

amended or restated in order to provide for estate tax planning.We approve this revocable living trust in all particulars, andrequest our Trustee to execute it.

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JOHN SMITH, Trustmaker

JANE SMITH, Trustmaker

JOHN SMITH, Trustee

JANE SMITH, Trustee

STATE OF NEVADA )) ss.

COUNTY OF CLARK )

The foregoing living trust agreement was acknowledged before

me on July 2, 2007, by JOHN SMITH, as Trustmaker and Trustee.

Witness my hand and official seal.

My commission expires:

__________

NOTARY PUBLICSTATE OF NEVADA )

) ss.COUNTY OF CLARK )

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The foregoing living trust agreement was acknowledged beforeme on July 2, 2007, by JANE SMITH, as Trustmaker and Trustee.

Witness my hand and official seal.

My commission expires:

__________

NOTARY PUBLIC

Sample Trust Agreement

Documents

Transcript of Sample Trust Agreement