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HomeMy WebLinkAbout949993CERTIFICATE OF TRUST S: GV` 725 TO WHOM IT MAY CONCERN: BE IT KNOWN THAT on , " 57- 1,5r , 20,!~& the undersigned, JEAN DONLEY BINFORD amended and 9stated in its entirety the Revocable Living Trust known as JEAN DONLEY BINFORD TRUST U/A/D April 21, 1998, so that this Certificate of Trust now reads and conforms with the restated trust as it is now in effect. Any other designation of trustee(s) of said trust is valid, and to be recognized by whom it concerns, when evidenced by the contents of this instrument (or valid amendment thereof) and a "Successor Trustee Notice" (and proper appendage) attached to this certificate. Any designated trustee, both now and hereafter, shall act with full delegated powers stated herein on their own, being sufficient and unnecessary to be put to further inquiry into the right of such trustees to so act. The undersigned hereby certifies that the following constitutes a true and correct copy of certain provisions in said trust and may be relied upon as a full statement of the matters covered by such provisions, by anyone dealing with the initial trustee or any successors. LEGAL NAME USED FOR TRUST: JEAN DONLEY BINFORD TRUST U/A/D April 21, 1998 RESERVED RIGHTS OF GRANTOR: While the grantor is living and is not incapacitated, the grantor may, from time to time, alter or amend any of the terms of the trust by a written instrument signed by the grantor and delivered to the trustee. BENEFICIARIES: While the grantor is living, she is the beneficiary of the trust. Upon the death of the grantor, the beneficiaries of the trust are as follows: Name SUSAN E. BINFORD MADDISON C. BINFORD-WIGGINS ZACHARY C. BINFORD-WIGGINS FUTURE GRANDCHILDREN OF GRANTOR -1- Relationship daughter granddaughter grandson RECEIVED 10/13/2009 at 11:47 AM RECEIVING # 949993 BOOK: 733 PAGE: 725 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY ''OV6 726 INITIAL AND SUCCESSOR TRUSTEES: 1. The initial trustee of this trust shall be JEAN DONLEY BINFORD. (a) On the resignation, death or incompetency of the initial trustee, the following named persons shall serve as successor trustee, in the order designated, if the prior named successor trustee is unable or unwilling to serve as trustee: Name Relationship SUSAN E. BINFORD daughter BLANCHE MacDOUGALL friend (b) All named trustees shall be vested with the right to name additional co-trustees and successor trustees to themselves. (c) The term "trustee" as used in the trust agreement shall refer to the trustees named herein or appointed so to act, unless reference is clearly to mean a specified person or persons. 2. The following events, and upon the following evidence and service of a copy of such evidence upon any third party dealing with the successor trustee, together with a copy of this Certificate of Trust and a copy of the acceptance of appointment of the successor trustee (Successor Trustee Notice), shall constitute proof of the power of the successor trustee to act in place of the predecessor trustee without necessity of any court proceeding or decree: (a) Death of a trustee as evidenced by a death certificate duly issued by the appropriate office of the state in which said death occurred; (b) Unconditional resignation of a trustee, evidenced by an unconditional resignation in writing as provided herein, or of a failure by the trustee to accept the position of trustee; (c) Incapacity of a trustee, as evidenced by: (i) A court order rendered by an appropriate court of the place of the trustee's then residence, holding the trustee to be legally incapacitated to act in his or her own behalf or on behalf of others, or appointing a conservator or other protective measures taken; or (ii) A duly executed written certificate of two disinterested licensed physicians of the state of the trustee's then residence, each certifying that such physician has examined the trustee and concluded that by reason of illness or physical or mental disability, the trustee had at the date of said certificate become incapacitated to act efficiently, rationally or prudently in the management of property. -2- 000'27 TRUSTEE AUTHORITY: 1. Any action taken by any of the trustees in office shall be binding on this trust, and third parties may rely on such action. While the initial trustee is living, said trustee has the unrestricted authority to conduct any business of the trust, and any asset of the trust estate may be acquired, titled, or conveyed in or by the sole name of said trustee without the approval of any other party. When a successor trustee becomes the acting trustee, said trustee shall have, at any time, full power and authority to conduct any business of the trust, sign checks and withdraw from or deposit funds with any financial institution and to transact financial investment decisions such as buying or selling securities, provided such trustee so acting is competent. 2. The assertion by any trustee that he or she is acting either alone or with another as a qualified trustee shall be sufficient on its face, and no person shall be required to make any inquiry into the right of such trustee to so act. 3. Any trustee may allocate duties between those serving as trustee and may delegate the trustee duties to a designated agent by giving such agent a written agreement or power of attorney to act on behalf of the trustee. The trustee may unilaterally revoke such delegation at will and without cause by giving written notice to the other trustees or agents. So long as any such delegation is in effect, any of the delegated powers may be exercised by the trustee receiving such delegation with the same force and effect as if the delegating trustee had personally joined in the exercise of such power. 4. No purchaser or other person dealing with the trustee shall be responsible for the application of any purchase money or thing of value paid or delivered to said trustee, but the receipt of the trustee shall be a full discharge. Furthermore, no purchaser or other person dealing with the trustee and no issuer, or transfer agent, or other agent of any issuer of any securities to which any dealing with the trustee should relate, shall be under any obligation to ascertain or inquire into the authority of the trustee to purchase, sell, exchange, transfer, mortgage, pledge, lease, distribute or otherwise in any manner dispose of or deal with any security or any other property held by the trustee or comprised in the trust estate. 5. Title to the trust estate shall vest in each successor trustee by virtue of said trustee's appointment and acceptance, without any further instrument of conveyance or transfer. Each successor trustee shall have all the rights, powers, discretions, obligations and immunities of the originally named trustee. 6. The certificate of the trustee that said trustee is acting according to the terms of the trust shall fully protect all persons dealing with the trustee. TRUSTEE POWERS: The trustee shall have the power and authority to manage and control the trust estate, in such manner as the trustee may deem advisable, and shall have, enjoy, and exercise all powers and rights over and concerning the trust estate and the proceeds thereof as fully and amply as -3- though the trustee were the absolute and unqualified owner of the same, including by way of illustration and not of limitation the following powers: 1. Invest in any property, including without limitation, any and all corporate obligations, preferred or common stocks, bonds, mutual funds, market funds, index funds, money market mutual funds, cash management accounts, debentures, notes, shares of investment trusts and investment companies, mortgages, deeds of trusts, interests in general and limited partnerships, real estate, and insurance contracts; 2. Buy stocks, bonds, commodities, and similar investments on margin or other leveraged accounts and to sell short such accounts, and to buy, sell, and write, commodity, stock, or other security options, futures, hedges, short positions, options, puts, calls, straddles, or any other form of securities or commodities position, interest, or contract, and for such purposes to maintain and operate margin accounts with brokers, and to pledge any securities held or purchased by the trustee through such brokers as security for loans or advances made to the trustee; 3. Convey, dispose, and sell any trust property for cash or upon credit, and to grant options to purchase; 4. Lend, to borrow, to execute promissory notes, to secure payment of borrowings by encumbrance, pledge, and grant of security instruments, to guarantee loans to the grantor, and to encumber or pledge trust property for loans made to said grantor by any individual, corporation or entity; 5. Grant collateral to secure and/or guarantee payment of any loan from any lender (including any financial institution affiliated with the trustee if the trustee is a corporate entity) to any beneficiary of this trust, to the grantor of this trust, or to any legally organized entity owned in whole or in part by any beneficiary or by the grantor of this trust; and to encumber all or any part of trust property, real or personal, in whole or in party, by pledge, mortgage, or hypothecation as security for any such guarantee or as security for any such loan; 6. Lease as lessor or lessee for a term which may extend beyond the term of the trust; 7. Improve trust property; 8. Employ and compensate investment advisers, brokers, attorneys-in-fact, realtors, and other advisers and to delegate to such persons any discretion deemed proper by the trustee; 9. Hold securities or other property in the trustee's name as trustee, in the trustee's own name, in the name of a nominee (with or without disclosure or any fiduciary relationship), or in bearer form; and 10. Execute any and all documents of behalf of the trust. -4- 000'729 ADMINISTRATIVE: 1. The situs of the trust is the state of domicile of the grantor. All questions concerning its validity, construction, and administration shall be determined under the laws thereof. 2. All interests arising under the trust will vest within twenty-one (21) years after the death of the last survivor of a group composed of the grantor and all other persons listed as beneficiaries and their descendants living at the date of death of the grantor. 3. Reproductions of this executed original (with reproduced signatures) shall be deemed to be original counterparts of this Certificate of Trust. IN WITNESS WHEREOF, the undersigned declares under penalty of perjury that the foregoing is true and correct and that she has executed this Certificate of Trust on 20 aff , and states that the trust referred to herein has not been aYnended or revoked. Grantor and Initial Trustee: STATE OF ARIZONA ) ) ss. County of Maricopa ) JEAN DONLEY BI FORD On „2 , 20_Jbefore me, the undersigned notary public, personally appeared JEAN DONLEY BINFORD, known to me (or satisfactorily proven) to be the person whose name is subscribed in the foregoing instrument, and acknowledged that said person executed the same for the purposes therein contained. WITNESS my hand and official seal. AL~r OTARY PUBLIC STATE OF ARIZONA Pinal County JEANNINE MARIE ALLEN My Commission C•.o=res 11/09/2012 4otary Public -5-