TRUST
AGREEMENT
THIIS AGREEMENT
made at___this ____ day of _________, ____ , by
and between (Name), residing at (specify),
(hereinafter called the "Grantor" which
expression shall, unless it be repugnant to the
context or meaning thereof, be deemed to mean and
include its successors and assigns) of the ONE
PART and (Name), residing at (specify),
(hereinafter referred to as
"Trustee"which expression shall, unless
it be repugnant to the context or meaning
thereof, be deemed to mean and include its
successors and assigns) of the OTHER PART for the
benefit of Grantor's grandchild (Name).
WHEREAS, the Grantor
desires to provide a trust fund to be used
primarily for the education and benefit of
(Name).
NOW, THEREFORE, and in
consideration of the covenants contained herein,
Trustee agrees to hold the assets received by the
Trustee hereunder IN TRUST for the following uses
and purposes and subject to the terms and
conditions hereinafter set forth.
FIRST: Grantor hereby
transfers and delivers to the Trustee the sum of
Rs___, receipt of which is hereby acknowledged by
the Trustee upon the express terms and conditions
and with the powers and limitations set forth.
Additional cash or property may from time to time
be transferred by Grantor, or by any person or
persons to the Trustee with his consent and such
property shall thereupon become a part of the
trust estate and shall be held, managed,
invested, and reinvested and disposed of on the
same terms and conditions as the property
originally transferred.
SECOND: The Trustee shall
hold, manage, invest, and reinvest the trust
estate and shall collect and receive any interest
income and profits for the benefit of (Name), the
grandchild of both Grantor and Trustee, upon the
following terms:
A. So long as (Name) is
under the age of twenty-one (21) years, the
Trustee shall pay or apply so much of the income
of this trust fund as the Trustee in his sole
discretion deems necessary for the education and
support of such beneficiary and shall accumulate
the balance of such income and pay same over to
(Name) when she shall attain the age of
twenty-one (21) years.
B. When (Name) attains the
age of twenty-one (21) years, the Trustee shall
pay over to (Name) the net income from this trust
fund not less often than quarter-annually for so
long as this trust fund shall continue and shall,
thereafter, distribute to, or expend for the
education and benefit of (Name) so much of the
principal of this trust fund in such amounts and
manner as the Trustee, in his sole discretion,
may determine.
C. When (Name) attains the
age of thirty-five (35) years, the Trustee shall
pay over to (Name) one-third of the principal
balance of this trust fund. When (Name) attains
the age of forty (40) years, the Trustee shall
pay over to (Name) one-half of the principal
balance of this trust fund, and when (Name)
attains the age of forty-five (45) years, the
Trustee shall pay over to (Name) the entire
principal balance plus all accumulated income.
D. Upon the death of (Name)
prior to the distribution of the entire balance
of this trust fund, the Trustee shall pay over
the then principal of the trust fund, together
with any undistributed or accrued net income
therefrom, to all sisters and brothers of (Name)
then living, in equal shares, and, in default
thereof, to (specify) presently located at
(specify).
THIRD: The following
provisions, in addition to all others, shall
apply to the Trustee to the extent permitted by
law:
A. The Trustee shall not be
responsible for the use made by any person of any
payment of income or principal which may be made
to that person hereunder, and he shall not be
obliged to see to the proper use or application
thereof by such person.
B. In the exercise of any
discretionary powers over the payment or
application of income or principal under this
Agreement, the judgment of the Trustee as to the
amount of any payment or disbursement and as to
the advisability thereof shall be final and
conclusive upon all persons beneficially
interested in any trust hereunder.
C. In determining the
amounts of income and principal, if any, which
shall be paid or disbursed pursuant to any
discretionary powers given hereby, the Trustee
shall not be required to take into consideration
any other sources of income available to, or
assets owned by or held for the benefit of, the
person for whose benefit such power might be
exercised, but neither shall he be barred from
making any inquiries in connection therewith.
D. No person dealing with
the Trustee shall be bound to see to the
application or disposition of cash or other
property transferred to the Trustee or to inquire
into the authority for or propriety of any action
by the Trustee.
E. Neither Trustee nor any
Successor Trustee, whether herein named or
otherwise designated or appointed, shall be
required to give any bond or security in any
Court or jurisdiction.
FOURTH: The Trustee may, at
any time, resign as Trustee. In the event of such
resignation, or in the event the Trustee dies or
shall otherwise cease to act in such capacity,
Grantor hereby appoints the following three
persons as Successor Trustees: (Name), (Name),
and (Name) or the survivors of them. The
Successor Trustees shall have all of the rights,
powers, privileges, and immunities granted to the
Trustee hereunder.
FIFTH: The Grantor confers
upon the Trustee and the alternate Trustees with
respect to the management and administration of
any property, real and personal, at any time
forming a part of the Trust estate or any trust
created hereunder, the following discretionary
powers without limitation, by reason of
specification and in addition to powers conferred
by the Indian Trust Act and by other laws:
1. To retain such property
for any period and to invest and reinvest in any
securities or mutual funds or in accounts or
certificates of deposit in banks or savings and
loan associations
2. To sell, transfer,
exchange, convert or otherwise dispose of, or
grant options with respect to any property
forming a part of the trust created hereunder, at
public or private sale, with or without security
in such manner, at such time or times, for such
purposes, for such prices and upon such terms,
credits and conditions as the Trustee may deem
advisable.
3. To join in or become a
party to, or to oppose any reorganization,
readjustment, recapitalization, foreclosure,
merger, voting trust, dissolution, consolidation
or exchange, and to deposit any securities with
any committee, depository or trustee, and to pay
any and all fees, expenses, and assessments
incurred in connection therewith.
4. To vote in person at
meetings of stock or security holders or any
adjournment of such meeting or to vote by general
or limited proxy with respect to any such shares
of stock or other securities held by the
Trustees.
5. To hold securities in
the name of a nominee without indicating the
trust character of such holding, or unregistered
or in such form as will pass by delivery.
6. To pay, compromise,
compound, adjust, submit to arbitration, sell, or
release any claims or demands of the trust estate
or of any trust created hereunder against others
or of others against the same as the Trustee may
deem advisable, including the acceptance of deeds
of real property in satisfaction of bonds and
mortgages, and to make any payments in connection
therewith which the Trustee may deem advisable.
7. To possess, manage,
insure against loss by fire or other casualties,
develop, subdivide, control, partition, mortgage,
lease or otherwise deal with any and all real
property; to satisfy and discharge or extend the
term of any mortgage thereon; to execute the
necessary instruments and covenants to effectuate
the foregoing powers, including the giving or
granting of options in connection therewith; to
make improvements, structural and otherwise, or
abandon the same if deemed to be worthless or not
of sufficient value to warrant keeping or
protecting, to abstain from the payment of taxes,
water, rents, assessments, repairs, maintenance,
and upkeep of the same; to permit to be lost by
tax sale or other proceeding or to convey the
same for a nominal consideration or without
consideration; to set up appropriate reserves out
of income for repairs, modernization and upkeep
of buildings, including reserves for depreciation
and obsolescence, and to add such reserves to
principal, and if the income from the property
itself should not suffice for such purpose, to
advance out of other income any sums needed
therefor, and to advance any income of the trust
for the amortization of any mortgage on property
held in trust.
8. To execute and deliver
any and all instruments in writing which he may
deem advisable to carry out any of the foregoing
powers. No party to any such instrument in
writing signed by the Trustee shall be obliged to
inquire into its validity.
9. To make distribution of
the trust estate or of the principal of any trust
created hereunder in kind and to cause any share
to be composed of cash, property, or undivided
fractional shares in property different in kind
from any other share.
10. To delegate
discretionary powers to agents, remunerate them,
and pay their expenses; employ and pay the
compensation of accountants, custodians, legal
and investment counsel at the expense of the
trust estate or any trust created hereunder.
11. To hold separate parts
or shares of any trust wholly or partially for
the convenience of investment and administration.
SIXTH: As used in this
Agreement, any gender shall be construed as
including all other genders and the singular
shall be construed as including the plural and
the plural the singular, as the sense requires.
SEVENTH: The Trustee may
settle his account of this trust fund by
agreement or judicially. An agreement made with
those beneficiaries who are subject to no legal
disability and who at the time would be entitled
to the principal if the same were then
distributable, shall bind all persons whether or
not then in being or of legal capacity, then or
thereafter entitled to any principal or income of
the trust accounted for, and shall release and
discharge the Trustees for their acts and
proceedings embraced in the account as
effectively as a judicial settlement.
EIGHTH: The Trustee is
authorized and empowered but not required, at any
time and from time to time during the Grantor's
lifetime or after her death, to accept by way of
addition to the trust estate, any property which
the Grantor or any other person may wish to
transfer and deliver to the Trustee or which he
or any other person may devise and bequeath by
his Last Will and Testament to the Trustee and
any property so added may be commingled with
other property in such trust and shall be held,
administered, and disposed of as part of such
trust.
NINTH: The Grantor hereby
declares this Agreement to be irrevocable and
reserves no right to alter or amend the same in
any respect or particular.
TENTH: The Grantor declares
that this Agreement and each trust created
hereunder shall be construed under and regulated
by Indian law, and that the validity and effect
of this Agreement shall be determined in
accordance with the Indian laws.
IN WITNESS WHEREOF, the
parties hereto have executed this Agreement as of
the day and year first above written.
-
- SIGNED SEALED
AND DELIVERED
- by the
withinnamed Grantor in the
presence of ___
|
_______________________
Name of Grantor |
|
- SIGNED SEALED
AND DELIVERED
- by the
withinnamed Trustee in the
presence of ___
|
_______________________
Name of Trustee |
|
_______________________
Notary Public |
|