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HomeMy WebLinkAbout1093 TO ~tiIT: whereas the Life Purpose is to sustain, protect and improve this Trust estate for the holders of the shares of Beneficial Interest: to possess the things of this life sufficient to provide growth, health. protection, education. refinement, recreation, welfare, expansion, preservation and continuity it is believed that to fail to plan for such things will certainly cause failure of the estate purposes. Therefore. it is proposed, to use the Family Preservation Trust as a plan for the achievement of a Life Pur- pose sustained by a Moral Belief that man is under a great Universal Spirit to replenish the earth and subdue it and have dominion over every , other non-human living thing that moveth upon the face of the earth. Thus it is a Moral Belief that all of marilcind is under a Divine Mandate to establish and care for an estate for personal survival. V 1. At their discretion, the Trustees. may elect from among their members a President. Secretary and Treasurer, or any such other officers as they may deem expedient for proper functioning and administration of this Trust. Their duties shall be such as are usually associated with the titles of such officers or as may be prescribed by the Trustees. Any Trustee may hold two or more offices simultaneously. The Trustees may employ such executives. assistants. agents or employees as they deem appropriate and necessary to the proper management of this Trust. The Trustees may also designate third parties to hold Trust funds for specific purposes necessary to the business of the Trust. ' 2. Compensation of all officers, employees and/or agents shall be fixed and paid at the direction and discretion of the Trustees. As may be determined by a majority vote of the Board of Trustees. the Trustees may pay themselves reasonable compensation for their survices as Trustees. The Trustees are empowered to pay all debts, bills and other obligations necessary to the maintenance and operation of the Trust and its assets. It is further authorized that Trustees, officers, employees and agents. shall have their expenses paid. while on or engaged in Trust business. Through appropriate resolutions, made a part of the minutes of the Board of Trustees. they may authorize Trust expenditures for whatever purpose they deem beneficial to and in the best interests of the Trust. If the Grantor or Transferor hereunder shall serve as a Trustee herein and shall be eligible to receive compensation for such services, such compensation shall not_be authorized or paid without the express approval of an adverse party Trustee. Funds accruing in the Treasury of the Trust shall constitute the operating funds of the Trust. The Trustees, by a majority consent as recorded in the minutes of the Board of Trustees, may authorize the liquidation of various assets for the purpose of adding to said operating funds. Upon written consent of a majority of the Board of Trustees, as they may deem it necessary, the Trust may provide itself with operating funds through commercial loans directly secured by assets or income of the Trust. (a) No funds of the Trust shall be accumulated for or distributed to the Grantor or any Transferror or any spouse of the aforementioned as holders of shares of Beneficial Interest, with-out the approval of an adverse party Trustee. (b) No funds of the Trust shall be disbursed to satisfy any legal obligation of the Grantor or any Transferor or any spouse of the ` aforementioned. without the approval of an adverse party Trustee. (c) The following powers and financial trans-actions for the benefit of the Grantor or any Transferor or spouse of the aforemen- ~ tinned are specifically prohibited without the specific approval of an adverse party Trustee.. ' s (1) borrowing Trust funds without adequate consideration or interest. (2) investing Trust funds in controlled corporations.. (3) substituting Trust funds in controlled corporations. (4) voting of securities in controlled corporations. (5) being beneficiaries of or insuring the life of the Grantor or any Transferor or spouse of the aforementioned. VI ~ Only such authority as awarded herein is possessed by the Trustees, officers. employees or agents of the Trust. The authority is understood and defined to mean that it shall be similar to that awarded by a Testator to the Executor of an estate as illustrated by the following common direction given such Executors, to wit: "That my Executor is directed to handle the estate in the manner he determines to be in the best interests of my estate, limited by the terms thereof, without the necessity of E resorting to the Courts for permission or approval of any transaction, intending herein to leave open for the Court only the question of con- scientious dealings of my Executor." a~c~306 ~~~:1092