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Certificate of Trust with Real Property as Part of the Corpus
The undersigned Grantor (or Trustor) and Trustee hereby agrees to, state and
represent the following: 1. The name of the Trust is (Insert Name of Trust)
_______________________________________________________________________ ;
2. The date of the Trust Instrument is (Insert Date)
______________________________________________ ;
3 . The name and mailing address of each Grantor is: _________________________
________________________________________________________________________ ________________________________________________________________________________________________________________________________________________
a. ___________________________________________________ (Name of
Grantor) whose mailing address is [Street Address (or Post Office Box No.), City, State,
Zip Code] ______________________________________________________________ _______________________________________________________________________________________________________________________________________________ ;
b. ___________________________________________________ (Name of
Grantor) whose mailing address is [Street Address (or Post Office Box No.), City, State,
Zip Code] ______________________________________________________________ _______________________________________________________________________________________________________________________________________________ ;
4 . The name and mailing address of each Trustee empowered to act under the Trust
Instrument at the time of execution of this Certificate: ____________________________ _____________________________________ (Name of Trustee) whose mailing address
is [Street Address (or Post Office Box No.), City, State, Zip Code] _________________
_______________________________________________________________________________________________________________________________________________________________________________________________________________________ ;
5. The legal descriptions of all interests in real property owned by or conveyed to the
Trust: (List or attach as an exhibit the full legal description of each property since
most states require that these certificates be recorded in the land records of the county
where the property is located.) ______________________________________________ ________________________________________________________________________________________________________________________________________________________________________________________________________________________
6.The anticipated date of termination of the Trust is:
_____________________________________________ (Date) or
___________________________________________________________ (Unknown)
7. The general powers of the Trustee are as follows: _________________________
________________________________________________________________________ ___________________________________________________________________________________________________________________________________ (For example)
A. The Trustee may retain any property originally constituting the Trust or
subsequently added to it, although not of a type, quality, or diversification considered
proper for trust investments.
B.The Trustee shall have power to invest and reinvest the trust property in
bonds, stocks, notes, or other property, real or personal, suitable for the investment of
trust funds; to register property in the name of a nominee without restriction; to vote in
person or by general or limited proxy, or refrain from voting, any corporate securities for
any purpose; to lease (for any period of time though commencing in the future or
extending beyond the term of the trust), sell, exchange, mortgage, or pledge any or all of
the trust property as the Trustee deems proper; to borrow from any lender, including a
Trustee individually; to employ agents, attorneys and proxies; to compromise, contest,
prosecute or abandon claims; to divide or distribute in cash or in kind, or partly in each,
or in undivided interests or in different assets or disproportionate interests in assets, to
value the trust property for such purposes, and to sell any property in order to make
division or distribution.
C.The Trustee is authorized to establish out of income and credit to principal
reasonable reserves for depreciation, obsolescence and depletion.
D.The Trustee may transfer the situs of any trust property to any other
jurisdiction as often as the Trustee deems it advantageous to the trust, appointing a
substitute Trustee to itself to act with respect to it. In connection with that the Trustee
may delegate to the substitute Trustee any or all of the powers given to the Trustee,
which may elect to act as advisor to the substitute Trustee and shall receive reasonable
compensation for so acting. The Trustee may remove any acting substitute Trustee and
appoint another, or reappoint itself, at will. 8. Any person may rely upon this Certificate of Trust as proof of the existence of the
Trust, and is relieved of any obligation or duty to verify that any transaction entered into
by the Trustee is consistent with the terms and conditions of the Trust.
9. This Certificate of Trust is executed as evidence of the existence of the Trust, the
terms and conditions of which are incorporated herein by reference. By the terms of the
Trust, in the event of the death, resignation, or incapacity of the Primary Trustee, the
Successor trustee shall become acting trustee without further act, bond, or order.
10.The tax identification number of the Trust is:
___________________________________________. 11 . The Trust Agreement, and any amendment, shall be governed by the laws of
____________________________________________________ (name of state).
The statements contained in the Trust Certificate are true and correct and there are
no other provisions in the trust instrument, or amendments to it, that limit the powers of
the trustees to sell, convey, pledge, mortgage, lease, or transfer title to interests in real or
personal property.
The parties have executed this Certificate as of the _________________________
_____________________ (date).
__________________________________________
(Name of Corporate Trustee)
By: ______________________________________ __________________________________________ (Name and Office in Corporation)
___________________________________________________________________________________
(Name and Signature of Grantor or Trustor)
(Acknowledgments before Notary Public)
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