Legal Trust Poder Document

LEGAL TRUST PODER DOCUMENT

This Legal Trust Poder Document is executed on Effective Date: by Grantor Name: whose address is , and appoints Trustee/Attorney-in-Fact Name: whose address is , to act pursuant to the terms set forth below with respect to the trust identified as Trust Name: .

RECITALS

WHEREAS, Grantor established the trust identified above or owns assets intended to be held, managed, administered, or distributed for the benefit of named beneficiaries (the "Trust"), and desires to vest certain powers in Trustee/Attorney-in-Fact in order to effectuate prudent trust administration; and

WHEREAS, Trustee/Attorney-in-Fact is willing to accept appointment and to exercise the powers granted herein in a fiduciary capacity subject to the terms and conditions of this instrument; and

WHEREAS, the parties intend that this instrument operate as a durable and continuing delegation of authority with respect to Trust matters as provided below.

NOW THEREFORE, for good and valuable consideration, receipt of which is hereby acknowledged, the Grantor and Trustee agree as follows:

1. DEFINITIONS

For purposes of this document: (a) "Grantor" means the individual executing this instrument; (b) "Trustee" or "Agent" means the person or entity named herein to exercise trust powers on behalf of the Trust; (c) "Trust Property" means all assets, rights, claims, choses in action, and proceeds subject to the Trust now owned or hereafter acquired.

2. APPOINTMENT; NATURE OF AUTHORITY

Grantor hereby appoints Trustee/Agent to act as Trustee and attorney-in-fact with full power and authority to manage, conserve, invest, encumber, transfer, and distribute Trust Property on behalf of the Trust. The powers granted are fiduciary in nature and shall be exercised in accordance with applicable trust law and the terms of any governing trust instrument.

3. GRANT OF SPECIFIC POWERS

Subject to any limitations expressed herein or in the governing trust instrument, Trustee/Agent is authorized, without prior court approval, to do any one or more of the following on behalf of the Trust:

1. To acquire, sell, lease, encumber, partition, subdivide, improve, exchange, or otherwise manage real property and personal property; to execute and deliver deeds, mortgages, promissory notes, security agreements, contracts, and releases.
2. To invest and reinvest Trust assets, change investments, to retain assets, and to allocate principal and income in a manner consistent with fiduciary standards.
3. To open, maintain and close bank or brokerage accounts; to endorse, negotiate, and deposit checks or other instruments; and to draw checks or electronic transfers for payment of Trust obligations.
4. To prepare, sign, file and amend federal, state and local tax returns and declarations, to apply for taxpayer identification numbers, and to take all actions necessary to determine, reduce, contest, or settle tax liabilities of the Trust.
5. To engage attorneys, accountants, appraisers, brokers, custodians and other professional advisors, to pay their reasonable fees and to rely upon their opinions and reports.
6. To make distributions to beneficiaries in accordance with the terms of the Trust or, if applicable, in a manner consistent with the Grantor's intent as expressed in writing.
7. To institute, defend, settle or discontinue litigation or administrative proceedings affecting Trust Property or the administration of the Trust.
8. To execute, modify, or terminate contracts affecting Trust Property where such action is necessary or convenient for administration; provided, however, that Trustee shall not amend the governing trust instrument unless express authority to do so is granted separately in writing.

4. LIMITATIONS ON AUTHORITY

The Trustee shall not exercise any power that would result in a self-dealing transaction prohibited by the governing law or that would constitute an impermissible invasion of principal when such exercise would contravene a material provision of the governing trust instrument. Trustee shall not amend or revoke the Trust unless expressly authorized in a separate instrument executed by the Grantor.

5. STANDARD OF CARE; FIDUCIARY DUTIES

The Trustee shall perform duties with the care, skill, prudence, and diligence that a prudent person acting in a like capacity and familiar with such matters would use. Trustee shall administer the Trust in good faith, in accordance with the purposes of the Trust and the interests of the beneficiaries, and shall avoid conflicts of interest. Where applicable law imposes stricter duties, such duties shall govern.

6. SUCCESSOR TRUSTEE

If Trustee is unable or unwilling to serve, the following successor shall act with the same powers and duties: Successor Trustee Name: whose address is .

7. COMPENSATION AND EXPENSES

Trustee is entitled to receive reasonable compensation for services rendered and to be reimbursed for reasonable expenses incurred in the administration of the Trust. Compensation shall be determined in accordance with customary rates for comparable services or as otherwise agreed in writing:

8. BOND

Unless the governing trust instrument or applicable law requires otherwise, Trustee shall not be required to post bond or other security in any jurisdiction in which the Trustee administers the Trust.

9. RECORDS; ACCOUNTING

Trustee shall keep accurate and complete records of receipts, disbursements, investments and other actions taken on behalf of the Trust and shall render periodic accountings to beneficiaries as required by the governing trust instrument or by law.

10. TAX MATTERS

Trustee is expressly authorized to sign and file tax returns, estimated tax payments, statements, claims for refund, and other instruments relating to tax matters of the Trust and to take any positions or actions with taxing authorities as Trustee deems appropriate in the reasonably prudent administration of the Trust.

11. INDEMNIFICATION

To the fullest extent permitted by law, Grantor and the Trust shall indemnify and hold harmless Trustee from and against any and all liabilities, claims, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with the performance of Trustee's duties, except for liability resulting from Trustee's gross negligence, willful misconduct or bad faith.

12. NOTICES

All notices, requests, demands and other communications required or permitted under this instrument shall be in writing and delivered personally, sent by nationally recognized overnight courier, or mailed by certified mail, return receipt requested, to the addresses for the parties provided herein or to such other address as a party may designate by written notice. Notice to Grantor: . Notice to Trustee: .

13. AMENDMENTS; WAIVER; COUNTERPARTS

This document may be amended or revoked only by a written instrument signed by the party to be charged. No waiver of any provision hereof shall be effective unless in writing and signed by the party granting the waiver. This instrument may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument.

14. GOVERNING LAW; ENTIRE AGREEMENT; SEVERABILITY

This document shall be governed by and construed in accordance with the laws of the State of without regard to its conflict of laws principles. This instrument contains the entire agreement between the parties with respect to the matters addressed herein. If any provision is held invalid or unenforceable, such invalidity shall not affect the remaining provisions, which shall remain in full force and effect.

15. CONFIRMATION AND CERTIFICATION

Grantor certifies that the information provided in this instrument is true and correct to the best of Grantor's knowledge, that Grantor has legal capacity to grant the powers herein, and that this delegation of authority is intended to be effective immediately and to continue in full force until revoked in writing.

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