Trust Document Template

TRUST AGREEMENT

This Trust Agreement (the "Agreement") is made and entered into on Effective Date: by and between Settlor Name: (the "Settlor") and Trustee Name: (the "Trustee").

WHEREAS

WHEREAS, Settlor desires to create a trust to hold, manage and administer certain property for the benefit of designated beneficiaries and to set forth the terms and conditions under which the Trustee will manage such property;

WHEREAS, Settlor hereby transfers and delivers to Trustee the initial trust property described below, to be held, administered and distributed pursuant to the terms of this Agreement and applicable law; and

WHEREAS, Trustee is willing to accept the trust and to perform the duties and exercise the powers set forth in this Agreement.

ARTICLE I — TRUST NAME AND DECLARATION

1.1 Trust Name. The trust established by this Agreement shall be known as: (the "Trust").

1.2 Declaration. Settlor hereby delivers and transfers to Trustee the property described in Article II and declares that Trustee shall hold and administer such property for the benefit of the beneficiaries named in Article III in accordance with the terms of this Agreement.

ARTICLE II — TRUST PROPERTY

ARTICLE III — BENEFICIARIES

ARTICLE IV — SCOPE OF TRUSTEE DUTIES

Trustee shall have all powers necessary or appropriate to accomplish the purposes of the Trust, including, without limitation, the powers set forth in this Agreement and those powers conferred by law. Trustee will act in a fiduciary capacity and shall exercise reasonable care, skill, and caution in the administration of trust property.

ARTICLE V — TRUSTEE POWERS

Trustee may, without court approval unless required by law, invest and reinvest trust property, sell or lease assets, borrow money, employ agents and advisors, compromise claims, and make distributions in cash or in kind where appropriate to fulfill Trust purposes.

ARTICLE VI — DISTRIBUTIONS

During the lifetime of a beneficiary who is an individual, Trustee may make distributions of principal or income for the beneficiary's health, education, support and maintenance in Trustee's discretion. On termination of the Trust or upon the occurrence of distribution events set forth herein, Trustee shall distribute trust property to beneficiaries in the manner and proportions set forth in the beneficiaries schedule above.

ARTICLE VII — PAYMENT TERMS (TRUSTEE COMPENSATION)

Trustee Compensation Amount:

Trustee shall be reimbursed for reasonable expenses incurred in the administration of the Trust and may deduct compensation and expenses from trust assets in accordance with the compensation schedule above.

ARTICLE VIII — TERM AND TERMINATION

Term Commencement Date: . Termination Date or Event: .

The Trust shall continue until the termination event described above or until revoked or amended pursuant to Article X. Removal of a Trustee shall be governed by the provisions of this Agreement and applicable law, and shall require written notice as set forth above.

ARTICLE IX — CONFIDENTIALITY

Trustee shall maintain the confidentiality of trust records and beneficiary information to the fullest extent permitted by law. Confidential information may be disclosed only (a) to beneficiaries entitled to notice or accounting under applicable law, (b) to professional advisors retained to advise or assist the Trustee, or (c) as required by a court order or law. Trustee shall use commercially reasonable measures to protect electronic and physical records.

ARTICLE X — REVOCATION AND AMENDMENT

This Trust is revocable by the Settlor during the Settlor's lifetime unless otherwise indicated in the trust name or elsewhere in this Agreement. Any revocation or amendment by Settlor must be in writing, signed by Settlor, and delivered to Trustee. Upon Settlor's incapacity, amendment or revocation shall be governed by the terms herein and applicable law.

ARTICLE XI — SUCCESSOR TRUSTEE

If the Trustee is unable or unwilling to serve, the designated successor shall assume the role with the same powers and duties as set forth in this Agreement.

ARTICLE XII — SPENDTHRIFT AND PROTECTION

Trust interest of any beneficiary is not assignable and shall be protected from the beneficiary's creditors to the fullest extent permitted by law. Trustee may apply trust income or principal for a beneficiary's needs without regard to claims of such beneficiary's creditors, except as required by law.

ARTICLE XIII — ACCOUNTING, RECORDS AND NOTICES

Trustee shall keep accurate records of all transactions and, at least annually or upon reasonable request, provide an accounting to beneficiaries and to Settlor if living. Notices shall be in writing and delivered in accordance with the notice addresses provided above.

ARTICLE XIV — GOVERNING LAW

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

ARTICLE XV — SEVERABILITY AND ENTIRE AGREEMENT

If any provision of this Agreement is determined to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements concerning the same. No amendment shall be effective unless in writing and signed by Settlor (if required) and Trustee.

ARTICLE XVI — MISCELLANEOUS

16.1 Construction. Headings are for convenience only and shall not affect interpretation. 16.2 Successors. The terms and provisions of this Agreement shall bind and benefit the successors and assigns of the parties to the extent permitted by law.

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