Legal Termination of Trust Form

LEGAL TERMINATION OF TRUST FORM

This Termination of Trust Agreement is made on this day of , (the "Effective Date"), by and between Settlor Name: (the "Settlor"), and Trustee Name: (the "Trustee"), in respect of the trust instrument known as Trust Name: dated the day of , (the "Trust Instrument").

RECITALS

WHEREAS, the Settlor established the Trust pursuant to the Trust Instrument for the benefit of the beneficiaries named therein and appointed the Trustee to administer the Trust in accordance with its terms and applicable law;

WHEREAS, the Settlor and Trustee have determined that the Trust should be terminated pursuant to the provisions of the Trust Instrument and applicable law for the following grounds (select one or more as applicable):

Grounds for Termination (check applicable): The Trust has reached its stated termination date or event (expiration). The Trust's primary purpose has been achieved and further administration is unnecessary. Unanimous written consent of all beneficiaries entitled to distribution has been obtained. Other lawful ground for termination (describe):

WHEREAS, the Trustee has reviewed the Trust Instrument and applicable law, and represents that the Trustee possesses all powers necessary to effectuate the termination described herein or that consent necessary to effect termination has been obtained from the persons required thereunder.

NOW, THEREFORE

In consideration of the mutual covenants and agreements contained below, and intending to be legally bound, the Settlor and Trustee agree as follows:

1. AUTHORITY TO TERMINATE

1.1 The Trustee hereby elects to terminate the Trust pursuant to the Trust Instrument provision: and applicable law. The Settlor ratifies and consents to such termination to the extent required.

1.2 The Trustee affirms that all mandatory conditions precedent to termination have been satisfied, including but not limited to any notice, waiting period, or beneficiary consent requirements described in the Trust Instrument.

2. DISPOSITION OF TRUST PROPERTY

2.1 On or promptly after the Effective Date, the Trustee shall collect, marshal, and, after payment of liabilities and expenses as provided in Section 3, distribute the Trust property as follows:

3. LIABILITIES, EXPENSES, AND RESERVES

3.1 The Trustee is authorized to pay or provide for the payment of all just debts, expenses, claims, and taxes of the Trust from Trust assets prior to distribution. The Trustee may establish reasonable reserves for contingent liabilities in the Trustee's discretion.

4. TAX MATTERS

4.1 The Trustee shall prepare and file all required tax returns and reports for the Trust for periods ending on or prior to the Effective Date. Any taxes determined to be due as a result of the termination shall be paid from Trust assets prior to final distribution.

4.2 The Settlor and Trustee shall cooperate reasonably in the preparation and execution of any documents necessary to effectuate required filings and allocations.

5. RELEASE AND INDEMNIFICATION

5.1 Upon distribution in accordance with this Agreement and after reasonable notice and opportunity to present claims, the Settlor hereby releases and forever discharges the Trustee from all duties, liabilities, and claims arising out of the administration of the Trust prior to the Effective Date, except for willful misconduct or gross negligence.

5.2 The Settlor and any persons receiving distributions shall indemnify and hold harmless the Trustee from and against any losses, claims, or liabilities arising from distributions made in good faith and in accordance with this Agreement.

6. REPRESENTATIONS AND WARRANTIES

6.1 Each party represents and warrants to the other that: (a) it has the power and authority to enter into this Agreement and to carry out its obligations hereunder; (b) the execution and delivery of this Agreement and the performance of its obligations do not and will not violate any other agreement to which it is a party; and (c) the persons executing this Agreement on its behalf are duly authorized to do so.

7. NOTICE

Notices under this Agreement shall be in writing and delivered in accordance with the addresses provided above and shall be effective upon receipt.

8. AMENDMENTS; WAIVER; COUNTERPARTS

8.1 This Agreement may be amended only by a written instrument signed by both the Settlor and the Trustee. No waiver of any provision of this Agreement shall be effective unless in writing and signed by the party granting the waiver.

8.2 This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument.

9. GOVERNING LAW; ENTIRE AGREEMENT; SEVERABILITY

9.1 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the state identified by the parties for governing law: , without giving effect to principles of conflicts of law.

9.2 Entire Agreement. This Agreement together with the Trust Instrument and any schedules or exhibits attached hereto constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior oral or written agreements.

9.3 Severability. If any provision of this Agreement is held invalid, illegal, or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected or impaired thereby.

10. CERTIFICATION

The Trustee certifies that, to the Trustee's knowledge, all required notices have been provided, all required waiting periods have expired, and the settlement described herein does not contravene any enforceable rights of third parties except as disclosed in writing to the Settlor and reflected in the distribution plan above.

IN WITNESS WHEREOF, the parties hereto have executed this Termination of Trust Agreement as of the Effective Date first written above.

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