Trust Certification Document

TRUST CERTIFICATION DOCUMENT

Certifying Trustee Name:   Recipient / Relying Party Name:

WHEREAS

WHEREAS, the undersigned Trustee certifies the existence of a trust identified as: Trust Name: established on Trust Date: ;

WHEREAS, the Recipient has requested a written certification of certain facts and the authority of the Trustee to act for the trust for the purpose of reliance in connection with transactions set forth below; and

WHEREAS, the Trustee is willing to provide the certification and to set forth certain representations, limitations and conditions under which the Recipient may rely upon such certification.

TRUST IDENTIFICATION

CERTIFICATION

The undersigned Trustee hereby certifies, represents and warrants to the Recipient, as of the date of signature below, the following material facts:

1. The trust named above was validly created and is in effect under applicable law.
2. The persons identified as Trustee(s) on the attached list are the duly appointed and acting Trustee(s) with full power and authority to act for the trust in the matters described in the Scope of Certification below.
3. To the knowledge of the certifying Trustee, the trust has not been revoked or amended in any manner that would materially affect the authority certified herein except as disclosed:
4. The Trustee is authorized to execute documents, deliver instruments, transfer or encumber trust assets, and to receive and disburse funds as set forth in the trust instrument and as reasonably necessary to effect the transaction contemplated by the Recipient.

SCOPE OF CERTIFICATION

The Trustee will certify only the facts expressly set forth herein and any particular documents or transactions specifically identified in this Scope of Certification. The Recipient's permissible reliance is limited to the matters described below.

PAYMENT TERMS

As consideration for preparing and delivering this certification and for advising and making the representations herein, the Recipient agrees to pay the Trustee fees as follows.

TERM AND TERMINATION

This certification and the Recipient's right to rely on it shall commence on Start Date: and shall terminate on End Date: unless earlier revoked in writing by the Trustee. Either party may terminate this agreement upon written notice delivered no fewer than Notice Period (days): days prior to the effective date of termination; termination shall not affect obligations accrued prior to termination.

CONFIDENTIALITY

The parties acknowledge that certain facts, identities and documents relating to the trust may be confidential. The Recipient agrees to maintain in confidence non-public information provided by the Trustee in connection with this certification and will not disclose such information except to the extent necessary to effect the transaction described in the Scope of Certification or as required by law, provided that the Recipient gives prompt notice to the Trustee of any compelled disclosure.

RELIANCE; INDEMNITY; LIMITATION OF LIABILITY

The Recipient may rely on the certifications and representations expressly stated herein. The Recipient agrees to indemnify and hold harmless the Trustee and the trust from and against any and all claims, liabilities, losses and expenses, including reasonable attorneys' fees, arising out of the Recipient's reliance on the certification except to the extent resulting from the Trustee's willful misconduct or gross negligence. The Trustee's liability for any claim arising from the certification shall be limited to direct damages and in no event shall include consequential, punitive or exemplary damages.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of: without regard to principles of conflicts of law.

ENTIRE AGREEMENT

This document constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings and communications, whether oral or written, relating thereto. Any amendment or modification must be in writing and signed by an authorized representative of each party.

ADDITIONAL ACKNOWLEDGMENTS

The Trustee certifies that it has the authority to execute this certification on behalf of the trust and that the individual signing below is duly authorized to do so. The Recipient acknowledges that it has reviewed the foregoing certification and will rely on the same only to the extent expressly permitted herein.

Sign Now