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HomeMy WebLinkAbout0994 - - - . . ~ ~ shall bc fully protected and reliev~d uf linbility in d~ing so; however, an~? beneficiary hereunder z?clversely affectecl by any • erroneous or false certificate sh,ll retai~i ai~y cause of action as may be had in accordence with law ag ~inst suct~ trustee who ~ issued such erroneous or false certificate to the extent of the damages, if any, suffered by any such beneficiary; S. To the same effect as if i t were the original, anyone may rely upon a copy certified by a notary public to be a true copy ~ of this ins~rument ~(and of the writings, if any, .endorsed thereon or attached thereto). Anyone may rely upon any statement of fact certified by anyone who appears From the original document, or a certified copy thereof, to be a Trustee hereunder; T. Tbe Trustees may enter into any transaction autl~orized by this instrument wf th the executora or adminfstrators of the Settlor's estate, even though any such executors or administra- tors are also Trustees hereunder; ~ . U. Whenever the Trustee or Trustees other than the Settlor deter- mine in his or their sole opinion that the Settlor is incapacitated, he or they, acting alone, shall exercise all powers of the Trustees hereunder while such incapacity continues. V. If at any time any trust property is situated in a jurisdiction in which any Trustee is unable or unwilling to act, such person or corporation as may be appointed by the Trustees shall act as Trustee with re.spect to such property, and~such person or corporation, and every successor Trustee ao appointed, shall have all the title, powers and discretion with respect to such property that are herein given to the Trustees. The net income from such property and any proceeds of its sale shall be paid over to the principal Trustees; W. The.guardian or conservator of the estate of a beneficiary under legal disability, or the parents or surviving parent of a minor beneficiary for whose estate no guardian has been appointed, may ; act for such beneficiary in signing any instrument hereunder; ~ ~ X. No Trustee hereunder shall ever be accountable For any loss ~ sustained through any error in judgment, or in any manner, except j as a result of such Trustee's own breach of good faith; ~ • ~ { Y. All of the powers set forth hereiii shall apply so far as appli- ~ cable to a guardian or the Trustees while they serve on behalf of a mi.nor beneficiary of any trust under or pursuant to this Declaration ~ ARTICLE III. MZSCELLANEOUS PROVISIONS • A. A.~nendment and Revocation: - The Settlor reserves the right at any time or from time to time, without the consent of ~ny person and with- out notice to any person other than the Trustees, by ~ written instru- ment witnessed by a disinterested adult, t4 revoke, amenci or modify - ~ the Trust hereby created in whole or in part, to change tT~e benefi- ~ ciaries thereof or to withdraw the whole or eny part of the Trust ~ Estate by filing notice of such revocation•, amenament, modification, ~:hange, or withcirawal with the Trustees provided, however, that the ~ ~ terms of this agreement may not be modified'by the Settlor in such manner as to increase the obligation of the Trustees without its s written consent. The Settlor may, from timc to time, add other propert a to the Trust• SUCh additions ma~ be made by tender and delivery to the ~ Trustees of bearer negotiable instruments, by cndoXSement on zssignment f ~ ~ ~ -8- ~ Gpw?r0 6~E1UONtCK, RI~.Q?TORN[~S AT UW, 2~500 C. ~~w~tANDwlf OfA~N eLV n~ ~LLANDAL~, ~10171OA »00~ aooK 432 Na~E 99~ w ~ _ ~ ~ - - _ _ - =r~ ~ 3 ~ - ~