The URL can be used to link to this page

Home My WebLink About937400 ilrtlaratinn nf wrust I Ü00739 A. TRUST CREATION. THIS TRUST AGREEMENT made and entered into this 8th day of February, 2008, by Burton H. Harris, of North Logan, Cache County, State of Utah, hereinafter called "Trustor," and Burton H. Harris and David Harris, hereinafter collectively referred to as "Trustee." This Trust shall be known as the Harris- Cottonwood Lake Cabin Trust. WITNESSETH: WHEREAS, a permit to maintain a cabin for recreational use was granted by the U. S. Forest Service for a cabin site consisting of the trust property which contains the improvement on the forest service lands and located on Lot 1A Cottonwood Lake, Recreation Residence tract, Greys River Ranger District, Bridger-Teton National Forest, located in Lincoln County, Wyoming ("Cottonwood Lake cabin") located in legal description Township 31, Range 116 South 30 improvement only forest land, to Melvin Harris and George Harris, Trustor's uncles; and WHEREAS, the trust property consists of those permitted facilities contained in the Forest Service permit; and (0 WHEREAS, the trust property at Cottonwood Lake, Wyoming was then transferred to Trustor by Melvin Harris and George Harris and given to Trustor to hold under an oral trust for the benefit of the family of Trustor's father William (Bill) Z. Harris whose children are Helen White, Alice Griffiths, William R. Harris, and Burton H. Harris; and WHEREAS Trustor, has always acknowledged that he has held the right to use the cabin in trust for the benefit of above children of William (Bill) Z. Harris, and the families of the children have enjoyed the use of the Cottonwood Lake cabin; WHEREAS, Trustor now feels that it is in the best interest of the family to formalize the legal arrangements for the use of the trust property. NOW, THEREFORE, in consideratión of the premises and the covenants of the parties herein contained, it is agreed as follows: 1 RECEIVED 3/6/2008 at 10: 18 AM RECEIVING # 937400 BOOK: 688 PAGE: 739 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 00\)740 B. PROPERTY HELD FOR BENEFIT OF FAMILY. The Trustee shall hold, manage, and administer the trust property as a recreational property subject to the rules and regulations ofthe U. S. Forest Service permit, including removal ofthe permitted facilities ifit were to be required for termination or noncompliance, which property will be for use of the heirs of William (Bill) Z. Harris who are the beneficiaries of this trust. The Trustee shall perform his duties in accordance with the terms and conditions of this trust agreement. Trustees further understand that they cannot rent or sublease the cabin without first obtaining authorization from the authorized officer of the District Ranger on the Greys River Ranger District. C. TRUST COMMITTEE. The Trustee shall act under the direction of a trust committee composed of one tàrnily member of each child of William (Bill) Z. Harris. The original committee members are as follows: David C. Harris, representing the family of Burton H. Harris; Bonnie Evensen representing the family of Helen White; Brent Griffiths representing the family of Alice Griffiths; and Carolyn Belliston representing the family of William R. Harris. The Trustee, under the direction of the trust committee, shall be responsible for apportioning the use ofthe cabin as fairly as possible. In guiding the decisions of the Trustee and the management committee, their foremost consideration shall at all times be to manage the cabin such that the apportionment of the time to use and enjoy the cabin does not create conflict or ill feelings among the descendants of William (Bill) Z. Harris. The Trustee. under the direction of the trust committee, shall be responsible for making the following decisions: (1) A schedule for use of the cabin. The family collectively of each child of William (Bìll) Z. Harris being entitled to 1/4th of the annual use which is primarily during the period of May to October during the late spring to late fall. (2) Determine whether outsiders should be allowed to use the cabin, on what basis (e g.. will outsiders only be allowed to use the cabin when accompanied by a family member/owner), and whether they will be charged rent. (3) Establish rules applicable during the time that the cabin is in use. (4) Determine how maintenance and repairs are to be handled. 2 ù00741 (5) Establish annual membership dues or rent (equal in amount per member) to defer the maintenance and repair of the cabin. (6) Levy special assessments (proportionate to percentage ownership interests) if annual membership dues are insufficient, it being anticipated that from time to time a roof or other major improvement may be necessary. (7) Establish usage fees (to reflect actual use of the property by members). The use of membership dues, special assessments, and usage fees shall allow the Trustee to spread the financial burden among members in a manner that reflects differing amounts of use and differing percentage ownership interests. This is necessary to promote fairness between those who frequently use the property and those who are unable to enjoy it regularly. D. RIGHT TO USE BY BENEFICIARY NON TRANSFERRABLE- SPENDTHRIFT PROVISION FOR TRUST. To the maximum extent permitted by law, the beneficiaries of the trust created hereunder shall have no right to assign, transfer, hypothecate, encumber, anticipate, or commute their interests in any benefits or payments under such trust; and such benefits or the right to use the cabin shall in no way be subject to any legal process levying upon or attaching the same for payment of any claims against any of the beneficiaries. The right of any beneficiary shall not under any circumstances be transferrable or assignable, nor subject to voluntary or involuntary transfer. Any such transfer, voluntary or involuntary, shall be deemed void. It is the intent of this provision to keep the use of the cabin exclusively in the family members of William (Bill) Z. Harris. E. RIGHT TO WITHDRAW. Any beneficiary may withdraw and not participate in this trust; however, in such circumstance they shall not be entitled to any compensation for the non use of their right to use the cabin, nor shall they be subject to any assessment. F. RESOLUTION OF DISPUTES. The decision of the majority of the trust committee shall be final in all matters of dispute. In the event of a tie decision of the trust committee, the Trustee shall vote to break the tie, notwithstanding the Trustee may also be a member of the trust committee. 3 ...O{'!I.t""f42 V V t Ii." G. TRUSTEES AND TRUST COMMITTEES DUTIES. The Trustee, under the direction of the trust committee shall: (1) Maintain the property in its current condition (capital improvements to be made only with authorization unless urgent or to protect the property); (2) Maintain insurance with specified coverage and limits; (3) Pay taxes and other specified charges; (4) Lease the property, with specific authorization, to tenants after obtaining approval from the authorized officer; (5) Keep records and render accountings at specified times; and (6) Take reasonable compensation and reimbursement of reasonable expenses, as approved by the trust committee by a 3/4th vote prior to disbursement. H. OBLIGATION OF BENEFICIARIES: The beneficiaries have a duty to reimburse promptly all proper expenses assessed by the Trustee. The beneficiaries have rights of contribution among themselves. I. SUGGESTED METHODS OF APPORTIONMENT. The Trustee, in making decisions as to the right of use and occupancy may use, but is not obligated to use an allocation procedure, which could include any of the following: (1) Drawing of straws; (2) Rotation; (3) Authority of the trust committee; (4) Bid; or (5) Some other mechanism (e.g., length of travel, age, lottery). J. FIDUCIARY DEALINGS. Administrative control and all other powers relating to the trust created hereunder shall be exercised by the Trustee in a fiduciary capacity and solely for the benefit of the beneficiaries of this trust. Except as otherwise expressly provided herein neither the Trustee, the Trustor, nor any other person, shall be permitted to purchase, exchange, re-acquire or 4 ·IL ù00743 otherwise deal with or dispose of the principal of the trust or the income therefrom for less than an adequate and full consideration in money or money's worth. II GENERAL PROVISIONS Except as otherwise provided, the following provisions shall apply: A. SPENDTHRIFT PROVISION FOR TRUST. To the maximum extent permitted by law, the beneficiaries of the trust created hereunder shall have no right to assign, transfer, hypothecate, encumber, anticipate, or commute their interests in any benefits or payments under such trust; and such benefits or payments shall in no way be subject to any legal process levying upon or attaching the same for payment of any claims against any of the beneficiaries. III TRUSTEE'S POWERS A. GENERAL POWERS. The Trustee has all of the powers necessary to hold and comply with the terms and conditions of the Forest Service permit, including removal of the permitted facilities if it were to be required for termination/noncompliance, etc. To carry out the purposes of any trust hereunder and subject to any limitations stated elsewhere in this instrument, the Trustee shall have all of the powers presently granted to Trustee under the provisions of Utah Code Annotated §75-7-402 in addition to any powers hereafter conferred by law. The enumeration of certain powers of the Trustee herein shall not be construed as a limitation upon the Trustee's power, it being intended that the Trustee shall have all rights, powers, and privileges that an absolute owner of the property would have. B. POWER TO TERMINATE TRUST. If the principal of any trust created herein should be less than a sum which the Trustee believes would justify the continuance of the trust, or if, irrespective of the amounts of the principal ofthe said trust, the Trustee believes that a termination of the trust is in the best interest of the trust beneficiaries, the Trustee is authorized, in the Trustee's sole and uncontrolled discretion, to terminate the said trust by distributing it to the beneficiaries then 5 ò00744 entitled to the income from the trust. For this purpose, it shall be presumed that any such beneficiaries then entitled to receive any discretionary payments from the income or principal of a particular trust are entitled to receive the income ~m that trust, and that the members of any class of beneficiaries so entitled are entitled to receive such income proportionately. IV APPOINTMENTS A. SUCCESSOR TRUSTEE. At the death or inability of any ofthe original trustees, the trust committee shall appoint a Successor Trustee. B. RESIGNATIONS. Any Trustee may resign from office without leave of court any time and for any reason by filing a written instrument of resignation with the clerk ofthe appropriate court. Their successor named herein shall serve after such resignation. V A. GOVERNING LAW. The validity and construction of this agreement shall be controlled by the laws of the State of Utah. IN WITNESS WHEREOF, the Trustor have hereunto set their hands the day and year first above written. ~h~ Burton . HarrIs, Trustor BURTON H. HARRIS and DAVID HARRIS, hereby acknowledge receipt of a copy of the foregoing trust and hereby accept the duties of Trustee. ~þ~ Burto . Harris, Trustee ()I J~r;. DavId Harris, Trustee--' ~.¿...... --............... ..~_.,~ .) h.1I CHAM. SERS ¡ ¡~J\)¡a¡y PubJic ,,~. . '" .~ ;.1I.at0 at l)tah ~~¡ f',:J!\, . '("~',:'- . ii:~~:::¡on E)'pj('(~s Nov. :22 2009 ;t .:;;. 0:) ~ j- !:'J(~'j(:;p l\Vf:'-nuH. !.(;.¡:·Ú3f) JJ~t~ (~4')01 ' '''''*''''~;''\.~'''W''~~~~~~'~ . STATE OF UTAH ) :ss. County of Cache ) Subscribed, sworn to, and acknowled HARRIS, this JtÞ.th day of February, 2008. /1 d DAVID F:\AWPDataIWiII. &. Tru.tsIWiII. a-mIHanislRevised Cabin Trust 02.11.08.wpd 6 2007 LINC ;OUNTY PROPERTY TAX NO . .__ COUNTY FAIR 0.630 $4.69 COUNTY LIBRARY 1.073 $7.99 GENERAL COUNTY 9.497 $70.70 MANDATORY CO. WIDE 6 MILL 1 1.150 $8.56 MANDATORY CO. WIDE 6 MILL 2 4.580 $34.09 MANDATORY CO. WIDE 6 MILL 9 0.270 $2.01 NO LlNC HOSPITAL BOND & INT 2.110 $15.71 NORTH LINCOLN HOSPITAL 3.000 $22.33 SCHOOL DIST. #2 25.000 $186.10 SCHOOL DIST. #2 BOND & INT 0.907 $6.75 STATE SCHOOL FOUNDATION 12.000 $89.33 weED & PEST 0.757 $5.64 OTAL: 60.974 $453.89 Questions? Call 307-877-2045 or 307-87. __. _, ...IF 8AM-5PM HARRIS B H ET AL 890 EAST 2600 NORTH LOGAN UT 84341 M8434 \)00745 ~§~Þ,i~~,tª8~Ø:ß!e¡1 T31 R116 S30 IMPROVEMENT ONLY FOREST LJ.."'D IF YOU NO LONGER OWN THIS PROPERTY, PLEASE FORWARD THIS NOTICE TO YOUR TITLE COMPANY OR THE NEW OWNER' THIS IS THE ONLY NOTICE YOU WILL RECEIVE QUESTIONS CONCERNING PAYMENT OR PROCEDURES FOR PAYMENT, CONTACT THE COUNTY TREASURER. QUESTIONS ON PROPERTY VALUE, PROPERTY BEING TAXED OR ADDRESS CHANGE, CONTACT THE COUNTY ASSESSOR ASSESSED VALUATION ~~ ~M 10704220 $226.95 .$226.94.....;____J____ $453.89-/ -~,:,"_. ,-- --..--'" -~ ---- ----.-.. - -_.,--- NO INTEREST WILL BE COLLECTED ON THE FIRST INSTALLMENT IF TOTAL TAX IS PAID BY DECEMBER 31, 2007 PLEASE WRITE YOUR ACCOUNT NUMBER ON YOUR CHECK . YOUR CH¡¿CK IS YOU~ RECEIPT SEE WYOMING STATUTE 39-3-101 -- - - - ----- ----------- --------- '-