State of virginia hereinafter referred to as the trustor and the trustee form
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- 1 - REVOCABLE LIVING TRUST AGREEMENT THIS REVOCABLE LIVING TRUST AGREEMENT, (hereinafter "Trust"), is being made on this the ________ day of _______________, 20_____, by and between ___________________________________ of ____________________ County, State of Virginia, hereinafter referred to as the Trustor and the Trustee designated below and shall be governed and administered in accordance with the following terms and provisions: ARTICLE I NAME OF TRUST 1. NAME OF TRUST: This trust may be referred to as THE ________ REVOCABLE LIVING TRUST. ARTICLE II IDENTIFICATION 2. TRUSTOR AND BENEFICIARIES: The Trustor or Settlor of this trust is _______________________, an Individual residing at ___________________________________, ___________________________________, Virginia ________. The Beneficiary of the Trust during the lifetime of the Trustor is the Trustor. Except as otherwise provided herein, upon the death of the Trustor, the Beneficiaries is/are __________________. The Trustor has no children. ARTICLE III TRUSTEE APPOINTMENT 3. TRUSTEE APPOINTMENTS: The Trustor, hereby appoints __________________, the Trustor, as Trustee of this Trust. If the Trustor, is unable to serve as Trustee for any reason, then the Trustor hereby appoints __________________ as Successor Trustee. The Trustee shall have all powers as provided in this agreement and the laws of the State of Virginia. The principal place of administration of this trust is the Trustors place of residence, regardless of the residence of the Trustee. Any power vested in three or more trustees may be exercised by a majority, but a trustee who has not joined in exercising a power is not liable to the beneficiaries or to others for the consequences of the exercise, and a dissenting trustee is not liable for the consequences of an act in which he or she joins at the direction of the majority of the trustees if the dissenting trustee expressed h
T wish to exercise the power. Article iv power and duties 4. Powers and duties of trustee: the principal place of administration of this trust is the trustor , . The trustees shall have power and authority at all times to transact all business within the limits of this trust and to administer all the personal and real property of the trust in accordance with the provisions of this agreement. 5. Liability of trustees 5. Trustee liability: nothing contained in this agreement shall exempt or give rise to a trust liability on the part of a trustee. Except for property subject to the common law, the trustee shall be personally liable for all debts resulting from the administration and operations of this trust and may be charged, at common law, with all such crimes as are committed by a trustee in the administration or operations of this trust except for those offenses committed in the presence of the trustee in his or her capacity as trustee and except for those offenses committed after the expiration of a period of 3 years from the date of the election or appointment to office of the trustee or after the commencement of the execution, enforcement, or enforcement against the trust property. Article v indemnification of trustee 6. In lieu of a trustee being personally liable for all debts resulting from the administration and operations of this trust, the trustee shall be indemnified from the beneficial granters , beneficiaries , successors, and assigns of this trust for all losses, including but not limited to punitive damages, damages of any nature relating to a breach of fiduciary duty, damages for breach of contract or warranty arising out of the administration and operations of this trust, judgments, settlements, fines, judgments, awards, and costs of action for the administration and operations of this trust, and for any injury or damage to any person or property. For the purpose of this indemnification clause, an action, claim, or proceeding shall be deemed a breach of fiduciary duty to a trustee if the trustee or his estate could have foreseen the harm or damage which would be caused by the action or claim or proceeding. 7. Powers and duties of the trustee: except as otherwise specifically provided that the power and duty of a general partnership may be delegated to a trustee, there shall be the powers and duties exercised by the trustee under this agreement. These powers and duties include, but not be limited to, taking all actions necessary or appropriate to the administration and operation of this trust as trustee of this trust and to the enforcement of this agreement and in those actions or undertakings in which the trustee or any agent or employee of.
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