Fill and Sign the Agreement and Declaration of Real Estate Business Trust Massachusetts Nominee Form

Agreement and Declaration of Real Estate Business Trust (Massachusetts Nominee Realty Trust (Trustees to Act only as Directed by Beneficiaries) I, ____________________ (Name of Trustee), of ____________________ (name of city), ______________________ (name of county), __________________ (name of state), do now declare that I and my successors in trust (the Trustees) shall hold the real Property situated at ___________________________________________________________________ (address of real Property) (the Premises), to be conveyed to the Trustees by deed of _____________________ (Name of Owner) dated ___________________ (date of deed), to be recorded with this Declaration of Trust at the __________________ (Name of County) Registry of Deeds (the Registry), and any and all other Property that may be transferred to us as Trustees under this Declaration of Trust, for the sole benefit of the Beneficiaries under this Trust upon the terms set forth in this Declaration of Trust. 1. Name and PurposeThis Trust shall be known as the ___________________________ (Name of Trust) and the terms Trustee and Trustee and all pronouns referring to the Trustee or Trustees wherever used in this Declaration shall refer to the person or persons acting as Trustee or Trustees from time to time under this Declaration of Trust, whether or not there shall be more than one Trustee named in this Declaration initially. This Trust is intended to qualify as a Nominee Trust, so-called, for federal and state income tax purposes. It is established to hold the record legal title to the Trust Estate and to perform such functions as are necessarily incidental to such holding of record legal title. 2. BeneficiariesThe Beneficiaries of this Trust are the persons listed as Beneficiaries in the Schedule of Beneficial Interests this day executed by them and the Trustees and delivered to the Trustees, or as the same may be amended as provided below in this Declaration, and the interests of the Beneficiaries are as stated in such Schedule of Beneficial Interests. Any Trustee may without impropriety be a Beneficiary under this Declaration of Trust and exercise all rights of a Beneficiary with the same effect as though he or she were not a Trustee. In the event of the death of any individual Beneficiary, the interest of such Beneficiary, and the rights, privileges and powers appurtenant thereto, shall pass to and devolve upon the executor of the will of such Beneficiary. 3. Powers of TrusteeThe Trustees shall act at all times prior to termination of the Trust only as directed in
By the persons who represent the trust in this declaration or by any order of the court and shall be subject to compliance therewith during and after administration. They shall have power to perform any and all acts essential or incidental to the powers of administration of the trust, including the exercise of the powers of a receiver for this trust; to inspect, receive and examine all property and files of the trust and to require any information on file or in the possession of another; to acquire and maintain any physical, tangible and personal property or security for the account and benefit of the trust; and, to exercise all powers of disposition, including that of disposing of the entire trust estate to avoid the operation of any statutes applicable to this trust. The trustees shall execute certificates in the manner prescribed by section of the trust instrument for the registration of title under this declaration and in any other manner necessary, which certificates shall be deemed an order of such court to the same extent as if they had been executed by the person appointed to act as trustee or by a person holding trust office under this declaration. If the certificates of registration of title of this name for this trust have not been executed by the person appointed to act as trustee within, the appointment of such person to act as trustee shall be deemed to be sufficient proof of his or her appointment under this declaration and every beneficial interest held under it. Upon confirmation by the court of its appointment of the person so appointed to act as trustee, the certificate of registration of title shall be executed and attested by said trustee or his or her duly authorized agent. 4. Consent to be a beneficiary of this trust this declaration, any provisions thereof, and any waiver or amendment thereto herein made by or pursuant to this declaration by one person to other persons to be named or in whose name it is purported to be executed and to be accepted for decoration or assignment or by or to be executed or executed by another person for another person with the written consent of the named persons or parties hereto, shall be recorded with the registry of deeds at the state registry of deeds in the presence of not less than the registrar of this state and the registrars of the various counties in which the trust estate is located, and the same shall thereupon be valid and conclusive, and conclusive consent given and made as a condition precedent to the execution of this declaration. The registrar of the registry of deeds or the court having jurisdiction pursuant to section, shall declare the validity thereof on being affirmed in open.