Common use of Investment Responsibilities Clause in Contracts

Investment Responsibilities. All investment decisions are the sole responsibility of the Depositor and the Depositor is responsible for directing the Custodian in writing, or other acceptable form and manner authorized by the Custodian, regarding how all amounts are to be invested. The Custodian will determine the investments available within the Custodial Account. These investments will be permissible investments under the applicable laws and Regulations. The Custodian may change its investment options from time to time and the Depositor may move his or her monies in the Custodial Account to different investments. Any investment changes within the Custodial Account are subject to the terms and conditions of the investments, including but not limited to minimum deposit requirements and early redemption penalties. The Custodian, underlying investment vehicles, and their service providers have not and will not provide any investment advice, investment recommendations or suggestions, direction, suitability recommendations, tax advice, or any other investment guidance to the Depositor. Further, the Custodian, underlying investment vehicles, and their service providers have no duty to question the investment directions provided by the Depositor or any issues relating to the management of the Custodial Account. The Depositor will indemnify and hold the Custodian harmless from and against all costs and expenses (including attorney's fees) incurred by the Custodian in connection with any litigation regarding the investments within the Custodial Account where the Custodian is named as a necessary party. The Custodian will promptly execute investment instructions received from the Depositor if the instructions are in a form and manner acceptable to the Custodian. If the Custodian determines the instructions from the Depositor are unclear or incomplete, the Custodian may request additional instructions. Until clear instructions are received, the Custodian reserves the right, in good faith, to leave the contribution uninvested, place the contribution in a holding account (e.g., a money market account), or return the contribution to the Depositor. The Custodian will not be liable for any investment losses due to such delays in receiving clear investment instructions. Further, the Depositor will indemnify and hold the Custodian harmless for any adverse consequences or losses incurred from the Custodian's actions or inactions relating to the investment directions received from the Depositor or Authorized Agent. The Custodian shall have no duty other than to follow the written investment directions of the Depositor, and shall be under no duty to question said instructions and shall not be liable for any investment losses sustained by the Depositor. To the extent the Depositor has not directed other investments, the Custodian may maintain the cash as it may deem advisable or expedient (with no requirement to pay interest either on such cash balances or on cash on hand pending investment). All investment direction, investment management and investment advisory agreements provided by the IRA Depositor or beneficiary will continue until revoked by the IRA Depositor or beneficiary, even after the death of the IRA Depositor or beneficiary. The Custodian shall have no duty to bring any claim, suit or other action in connection with any investment in the Custodial Account. The Depositor agrees to indemnify and hold the Custodian harmless from and against all costs and expenses (including attorney’s fees) incurred by the Custodian in connection with any litigation, claim or other action involving any investment in the Custodial Account in which the Custodian is named as a necessary party or at the request of the Depositor. The Depositor will not engage in transactions not permitted under the Agreement, including, but not limited to, investment in collectibles, except as otherwise permitted by section 408(m)(3), which provides an exception for certain gold, silver, and platinum coins, coins issued under the laws of any state, and certain bullion, or life insurance contracts, or engage in a prohibited transaction under Code section 4975.

Investment Responsibilities. All investment decisions are the sole responsibility of the Depositor and the Depositor is responsible for directing the Custodian in writing, or other acceptable form and manner authorized by the Custodian, regarding how all amounts are to be invested. The Custodian will determine the investments available within the Custodial Account. These investments will be permissible investments under the applicable laws and Regulations. The Custodian may change its investment options from time to time and the Depositor may move his or her monies in the Custodial Account to different investments. Any investment changes within the Custodial Account are subject to the terms and conditions of the investments, including but not limited to minimum deposit requirements and early redemption penalties. The Custodian, underlying investment vehicles, and their service providers have not and will not provide any investment advice, investment recommendations or suggestions, direction, suitability recommendations, tax advice, or any other investment guidance to the Depositor. Further, the Custodian, underlying investment vehicles, and their service providers have no duty to question the investment directions provided by the Depositor or any issues relating to the management of the Custodial Account. The Depositor will indemnify and hold the Custodian harmless from and against all costs and expenses (including attorney's fees) incurred by the Custodian in connection with any litigation regarding the investments within the Custodial Account where the Custodian is named as a necessary party. The Custodian will promptly execute investment instructions received from the Depositor if the instructions are in a form and manner acceptable to the Custodian. If the Custodian determines the instructions from the Depositor are unclear or incomplete, the Custodian may request additional instructions. Until clear instructions are received, the Custodian reserves the right, in good faith, to leave the contribution uninvested, place the contribution in a holding account (e.g., a money market account), or return the contribution to the Depositor. The Custodian will not be liable for any investment losses due to such delays in receiving clear investment instructions. Further, the Depositor will indemnify and hold the Custodian harmless for any adverse consequences or losses incurred from the Custodian's actions or inactions relating to the investment directions received from the Depositor or Authorized Agent. The Custodian shall have no duty other than to follow the written investment directions of the Depositor, and shall be under no duty to question said instructions and shall not be liable for any investment losses sustained by the Depositor. To the extent the Depositor has not directed other investments, the Custodian may maintain the cash as it may deem advisable or expedient (with no requirement to pay interest either on such cash balances or on cash on hand pending investment). All investment direction, investment management and investment advisory agreements provided by the IRA Depositor or beneficiary will continue until revoked by the IRA Depositor or beneficiary, even after the death of the IRA Depositor or beneficiary. The Custodian shall have no duty to bring any claim, suit or other action in connection with any investment in the Custodial Account. The Depositor agrees to indemnify and hold the Custodian harmless from and against all costs and expenses (including attorney’s fees) incurred by the Custodian in connection with any litigation, claim or other action involving any investment in the Custodial Account in which the Custodian is named as a necessary party or at the request of the Depositor. Depositor The Depositor will not engage in transactions not permitted under the Agreement, including, but not limited to, investment in collectibles, except as otherwise permitted by section 408(m)(3), which provides an exception for certain gold, silver, and platinum coins, coins issued under the laws of any state, and certain bullion, or life insurance contracts, or engage in a prohibited transaction under Code section 4975.

Investment Responsibilities. All The Account Owner will control and manage the investment decisions are the sole responsibility of the Depositor and Custodial Account except insofar as the Depositor is responsible for directing Account Owner delegates investment authority over part or all of the Custodial Account assets to one or more investment managers or other Authorized Agents. Account Owner grants to the Custodian in writingall powers reasonably necessary to carry out its investment and other duties under this Agreement, or other acceptable form and manner authorized by Account Owner agrees to furnish the Custodian, regarding how Custodian with such information and Instructions as may be necessary to carry out the provisions of this Agreement and to enable the Custodian to fulfill all amounts are to be investedlegal and regulatory reporting requirements. The Custodian will determine the investments investment options available within the Custodial Account. These investments Account will be permissible investments under the applicable laws and Regulations. The Custodian available investment options may change its investment options from time to time and the Depositor Account Owner may move his or her monies in the Custodial Account to different investmentsinvestment options available under the Custodial Account. Any investment changes within the Custodial Account are subject to the terms and conditions of the investments, including but not limited to minimum deposit requirements and early redemption penalties. The Custodian, underlying Account Owner acknowledges that a wide array of investment vehicles, options is made available for the investment of funds held in the HSA. Account Owner understands and their service providers have agrees that the Custodian is not and will not provide providing any investment advice, investment recommendations or suggestions, direction, suitability recommendations, tax advice, advice to Account Owner or any Authorized Agent and that Custodian is not an investment adviser registered under the Investment Advisers Act of 1940. Account Owner also acknowledges that some of the mutual funds or other investment guidance options that are offered for purchase in the HSA may pay marketing and administrative services or other “revenue sharing” fees, including but not limited to the Depositor. Furtherso-called “12b-1” fees, the Custodian, underlying investment vehicles, and their service providers have no duty to question the investment directions provided by the Depositor or any issues relating to the management of the Custodial Account. The Depositor will indemnify and hold the Custodian harmless from and against all costs and expenses (including attorney's fees) incurred by the Custodian in connection with any litigation regarding the investments within an investment in such funds. No investment transaction for the Custodial Account where that is to be processed by the Custodian is named at the direction of the Account Owner or an Authorized Agent will be processed until the Custodian receives the Instruction in proper form. Investment transactions will be processed either as soon as administratively practicable thereafter or, if later, on the scheduled date for processing. The Custodian may rely conclusively on all Instructions given by the Account Owner or Authorized Agent which the Custodian believes to be genuine. The Custodian’s records of a necessary partytransaction will be conclusive as the content of any Instructions. Upon application by the Account Owner, on a form acceptable to the Custodian and upon approval by the Custodian, the Custodian will accept non-written Instructions from the Account Owner or Authorized Agent subject to immediate confirmation of such Instructions by email or in writing by the Authorized Agent. The Custodian will promptly execute have no responsibility to see that any investment instructions directions comply with the law and Regulations applicable to an HSA. However, if the Custodian receives any direction from the Account Owner or an Authorized Agent that appears to the Custodian in its sole judgment to be incomplete or unclear, the Custodian will not be required to act on such directions and may hold uninvested any asset without liability until proper directions are received from the Depositor if Account Owner or the instructions are in a form and manner acceptable to the CustodianAuthorized Agent. If the Custodian determines the instructions from the Depositor investment directions are unclear incomplete or incompleteunclear, the Custodian may request additional instructionswill notify the Account Owner or the Authorized Agent within a reasonable period of time. Until clear instructions are receivedIn the absence of proper investment directions, the Custodian reserves the right, in good faith, to leave the contribution uninvested, place the contribution in a holding account (e.g., a money market account), or return the contribution to the Depositor. The Custodian will not be liable for any investment losses due to such delays in receiving clear investment instructions. Further, the Depositor will indemnify and hold the Custodian harmless for any adverse consequences interest or market gains or losses incurred from the Custodian's actions or inactions relating to the investment directions received from the Depositor or Authorized Agent. The Custodian shall have no duty other than to follow the written investment directions of the Depositor, and shall be under no duty to question said instructions and shall not be liable for on any investment losses sustained by the Depositor. To the extent the Depositor has not directed other investments, the Custodian may maintain the cash as it may deem advisable or expedient (with no requirement to pay interest either on such cash balances or on cash on hand pending investment). All investment direction, investment management and investment advisory agreements provided by the IRA Depositor or beneficiary will continue until revoked by the IRA Depositor or beneficiary, even after the death of the IRA Depositor or beneficiary. The Custodian shall have no duty to bring any claim, suit or other action in connection with any investment maintained in the Custodial Account. Any non-deposit investment product that Account Owner purchases using funds in his or her HSA, including mutual funds, stocks, and bonds, is not FDIC-insured, is not a deposit or other obligation of the Custodian, is not guaranteed by FPS Trust or any of its affiliates, is not insured by any federal government agency, and is subject to investment risk, including the possible loss of the principal amount invested. Mutual Fund E-Consent: Account Owner consents to receive electronically the fact sheets, prospectuses, prospectus supplements, and shareholder reports for any of the available mutual funds in which Account Owner chooses to invest, and to read the prospectuses, including any supplements, and to agree to their terms before investing. Account Owner also consents to review trade confirmations online and in paper or electronic quarterly statements. The Depositor fact sheets, prospectuses, prospectus supplements, shareholder reports and account information, including trade confirmations, can be accessed through the HSA Administrator’s website in hypertext markup language (HTML) and/or Adobe Acrobat Portable Document Format (PDF). Account Owner may access a document in HTML with appropriate browser software, such as Microsoft Internet Explorer or equivalent. To access a document in PDF, Account Owner must have installed Adobe Acrobat Reader on his or her computer, which may be obtained free of charge at xxx.xxxxx.xxx. Account Owner acknowledges and agrees that he or she has communications access to indemnify the Internet and hold is able to access documents in HTML and PDF without additional hardware and software. Account Owner understands that these documents can be printed if Account Owner has access to a printer, using the Custodian harmless from button on the browser. Account Owner further understands that electronic delivery is provided free of charge, although other online service provider charges may apply, and against all costs that Account Owner may request paper copies of these documents by calling the HSA Administrator. Account Owner acknowledges and agrees that a prospectus has been made Rev. 05/2016 PAGE | 6 available to Account Owner electronically prior to and following the purchase of any available mutual funds. To the extent that Account Owner directs investment of his or her Account in mutual funds, balances invested in those mutual funds are subject to investment fees and other charges and expenses (including attorney’s fees) incurred as described by the Custodian in connection with any litigationapplicable prospectuses. Some mutual funds may charge a redemption fee. Redemption fees, claim or other action involving any investment if any, will be charged to the assets held in the Custodial HSA. Account in which Owner cannot reimburse his or her HSA for redemption fees. For further information on redemption fees, please see the Custodian is named as a necessary party or at the request of the Depositor. The Depositor will not engage in transactions not permitted under the Agreement, including, but not limited to, investment in collectibles, except as otherwise permitted by section 408(m)(3), which provides an exception for certain gold, silver, and platinum coins, coins issued under the laws of any state, and certain bullion, or life insurance contracts, or engage in a prohibited transaction under Code section 4975mutual fund prospectus.

Investment Responsibilities. All The Account Owner will control and manage the investment decisions are the sole responsibility of the Depositor and Custodial Account except insofar as the Depositor is responsible for directing Account Owner delegates investment authority over part or all of the Custodial Account assets to one or more investment managers or other Authorized Agents. Account Owner grants to the Custodian in writingall powers reasonably necessary to carry out its investment and other duties under this Agreement, or other acceptable form and manner authorized by Account Owner agrees to furnish the Custodian, regarding how Custodian with such information and Instructions as may be necessary to carry out the provisions of this Agreement and to enable the Custodian to fulfill all amounts are to be investedlegal and regulatory reporting requirements. The Custodian will determine the investments investment options available within the Custodial Account. These investments Account will be permissible investments under the applicable laws and Regulations. The Custodian available investment options may change its investment options from time to time and the Depositor Account Owner may move his or her monies in the Custodial Account to different investmentsinvestment options available under the Custodial Account. Any investment changes within the Custodial Account are subject to the terms and conditions of the investments, including but not limited to minimum deposit requirements and early redemption penalties. The Custodian, underlying Account Owner acknowledges that a wide array of investment vehicles, options is made available for the investment of funds held in the HSA. Account Owner understands and their service providers have agrees that the Custodian is not and will not provide providing any investment advice, investment recommendations or suggestions, direction, suitability recommendations, tax advice, advice to Account Owner or any Authorized Agent and that Custodian is not an investment adviser registered under the Investment Advisers Act of 1940. Account Owner also acknowledges that some of the mutual funds or other investment guidance options that are offered for purchase in the HSA may pay marketing and administrative services or other “revenue sharing” fees, including but not limited to the Depositor. Furtherso-called “12b-1” fees, the Custodian, underlying investment vehicles, and their service providers have no duty to question the investment directions provided by the Depositor or any issues relating to the management of the Custodial Account. The Depositor will indemnify and hold the Custodian harmless from and against all costs and expenses (including attorney's fees) incurred by the Custodian in connection with any litigation regarding the investments within an investment in such funds. No investment transaction for the Custodial Account where that is to be processed by the Custodian is named at the direction of the Account Owner or an Authorized Agent will be processed until the Custodian receives the Instruction in proper form. Investment transactions will be processed either as soon as administratively practicable thereafter or, if later, on the scheduled date for processing. The Custodian may rely conclusively on all Instructions given by the Account Owner or Authorized Agent which the Custodian believes to be genuine. The Custodian’s records of a necessary partytransaction will be conclusive as the content of any Instructions. Upon application by the Account Owner, on a form acceptable to the Custodian and upon approval by the Custodian, the Custodian will accept non-written Instructions from the Account Owner or Authorized Agent subject to immediate confirmation of such Instructions by email or in writing by the Authorized Agent. The Custodian will promptly execute have no responsibility to see that any investment instructions directions comply with the law and Regulations applicable to an HSA. However, if the Custodian receives any direction from the Account Owner or an Authorized Agent that appears to the Custodian in its sole judgment to be incomplete or unclear, the Custodian will not be required to act on such directions and may hold uninvested any asset without liability until proper directions are received from the Depositor if Account Owner or the instructions are in a form and manner acceptable to the CustodianAuthorized Agent. If the Custodian determines the instructions from the Depositor investment directions are unclear incomplete or incompleteunclear, the Custodian may request additional instructionswill notify the Account Owner or the Authorized Agent within a reasonable period of time. Until clear instructions are receivedIn the absence of proper investment directions, the Custodian reserves the right, in good faith, to leave the contribution uninvested, place the contribution in a holding account (e.g., a money market account), or return the contribution to the Depositor. The Custodian will not be liable for any investment losses due to such delays in receiving clear investment instructions. Further, the Depositor will indemnify and hold the Custodian harmless for any adverse consequences interest or market gains or losses incurred from the Custodian's actions or inactions relating to the investment directions received from the Depositor or Authorized Agent. The Custodian shall have no duty other than to follow the written investment directions of the Depositor, and shall be under no duty to question said instructions and shall not be liable for on any investment losses sustained by the Depositor. To the extent the Depositor has not directed other investments, the Custodian may maintain the cash as it may deem advisable or expedient (with no requirement to pay interest either on such cash balances or on cash on hand pending investment). All investment direction, investment management and investment advisory agreements provided by the IRA Depositor or beneficiary will continue until revoked by the IRA Depositor or beneficiary, even after the death of the IRA Depositor or beneficiary. The Custodian shall have no duty to bring any claim, suit or other action in connection with any investment maintained in the Custodial Account. Any nondeposit investment product that Account Owner purchases using funds in his or her HSA, including mutual funds, stocks, and bonds, is not FDIC-insured, is not a deposit or other obligation of the Custodian, is not guaranteed by FPS Trust or any of its affiliates, is not insured by any federal government agency, and is subject to investment risk, including the possible loss of the principal amount invested. Mutual Fund E-Consent: Account Owner consents to receive electronically the fact sheets, prospectuses, prospectus supplements, and shareholder reports for any of the available mutual funds in which Account Owner chooses to invest, and to read the prospectuses, including any supplements, and to agree to their terms before investing. Account Owner also consents to review trade confirmations online and in paper or electronic quarterly statements. The Depositor fact sheets, prospectuses, prospectus supplements, shareholder reports and account information, including trade confirmations, can be accessed through the HSA Administrator’s website in hypertext markup language (HTML) and/or Adobe Acrobat Portable Document Format (PDF). Account Owner may access a document in HTML with appropriate browser software, such as Microsoft Internet Explorer or equivalent. To access a document in PDF, Account Owner must have installed Adobe Acrobat Reader on his or her computer, which may be obtained free of charge at xxx.xxxxx.xxx. Account Owner acknowledges and agrees that he or she has communications access to indemnify the Internet and hold is able to access documents in HTML and PDF without additional hardware and software. Account Owner understands that these documents can be printed if Account Owner has access to a printer, using the Custodian harmless from button on the browser. Account Owner further understands that electronic delivery is provided free of charge, although other online service provider charges may apply, and against all costs that Account Owner may request paper copies of these documents by calling the HSA Administrator. Account Owner acknowledges and agrees that a prospectus has been made available to Account Owner electronically prior to and following the purchase of any available mutual funds. To the extent that Account Owner directs investment of his or her Account in mutual funds, balances invested in those mutual funds are subject to investment fees and other charges and expenses (including attorney’s as described by Rev. 11/2015 PAGE | 6 the applicable prospectuses. Some mutual funds may charge a redemption fee. Redemption fees) incurred by , if any, will be charged to the Custodian in connection with any litigation, claim or other action involving any investment assets held in the Custodial HSA. Account in which Owner cannot reimburse his or her HSA for redemption fees. For further information on redemption fees, please see the Custodian is named as a necessary party or at the request of the Depositor. The Depositor will not engage in transactions not permitted under the Agreement, including, but not limited to, investment in collectibles, except as otherwise permitted by section 408(m)(3), which provides an exception for certain gold, silver, and platinum coins, coins issued under the laws of any state, and certain bullion, or life insurance contracts, or engage in a prohibited transaction under Code section 4975mutual fund prospectus.

Investment Responsibilities. All Initial investment decisions are the sole responsibility of the Depositor and the Depositor is responsible for directing to direct the Custodian in writing, or other acceptable form and manner authorized by the Custodian, regarding how all amounts are to be invested. Consistent with Article IV, the Responsible Individual may redirect the Custodian regarding the investment of contributions and earnings. Subject to the policies and practices of the Custodian, the Responsible Individual may delegate investment authority by appointing an Authorized Agent in writing in a form and manner acceptable to the Custodian. Upon receipt of instructions from the Responsible Individual and proof of acceptance by the Authorized Agent, the Custodian will accept investment direction and may fully rely on those instructions as if the Custodian had received the instructions from the Responsible Individual. The Custodian will determine the investments available within the Custodial Account. These investments will be permissible investments under the applicable laws and Regulations. The Custodian may change its investment options from time to time and the Depositor Responsible Individual may move his or her the monies in the Custodial Account to different investments. Any investment changes within the Custodial Account are subject to the terms and conditions of the investments, including but not limited to minimum deposit requirements and early redemption penalties. The Custodian, underlying investment vehicles, and their service providers have not and Custodian will not provide any investment advice, investment recommendations or suggestions, direction, suitability recommendations, tax advice, or any other investment guidance to the Depositorguidance. Further, the Custodian, underlying investment vehicles, and their service providers have Custodian has no duty to question the investment directions provided by the Depositor or Responsible Individual or any issues relating to the management of the Custodial Account. The Depositor Depositor, Responsible Individual, and Designated Beneficiary will indemnify and hold the Custodian harmless from and against all costs and expenses (including attorney's fees) incurred by the Custodian in connection with any litigation regarding the investments within the Custodial Account where the Custodian is named as a necessary party. The Custodian will promptly execute investment instructions received from the Depositor or Responsible Individual if the instructions are in a form and manner acceptable to the Custodian. If the Custodian determines the instructions from the Depositor or Responsible Individual are unclear or incomplete, the Custodian may request additional instructions. Until clear instructions are received, the Custodian reserves the right, in good faith, to leave the contribution uninvested, place the contribution in a holding account (e.g., a money market account), or return the contribution to the Depositorcontribution. The Custodian will not be liable for any investment losses due to such delays in receiving clear investment instructions. Further, the Depositor Depositor, Responsible Individual and Designated Beneficiary will indemnify and hold the Custodian harmless for any adverse consequences or losses incurred from the Custodian's actions or inactions relating to the investment directions received from the Depositor Depositor, Responsible Individual or Authorized Agent. The Custodian shall have no duty other than to follow the written investment directions of the Depositor, Depositor and shall be under no duty to question said instructions and shall not be liable for any investment losses sustained by the Depositor. To the extent the Depositor has not directed other investments, the Custodian may maintain the cash as it may deem advisable or expedient (with no requirement to pay interest either on such cash balances or on cash on hand pending investment). All investment direction, investment management and investment advisory agreements provided by the IRA Depositor or beneficiary will continue until revoked by the IRA Depositor or beneficiary, even after the death of the IRA Depositor or beneficiary. The Custodian shall have no duty to bring any claim, suit or other action in connection with any investment in the Custodial Account. The Depositor agrees to indemnify and hold the Custodian harmless from and against all costs and expenses (including attorney’s fees) incurred by the Custodian in connection with any litigation, claim or other action involving any investment in the Custodial Account in which the Custodian is named as a necessary party or at the request of the Depositor. The Depositor Responsible Individual will not engage in transactions not permitted under the Agreement, including, but not limited to, the investment in collectibles, except as otherwise permitted by section 408(m)(3), which provides an exception for certain gold, silver, and platinum coins, coins issued under the laws of any state, and certain bullion, collectibles or life insurance contracts, or engage in a prohibited transaction under Code section Section 4975.

Investment Responsibilities. All investment decisions are the sole responsibility of the Depositor and the Depositor is responsible for directing the Custodian in writing, or other acceptable form and manner authorized by the Custodian, regarding how all amounts are to be invested. The Custodian will determine the investments available within the Custodial Account. These investments will be permissible investments under the applicable laws and Regulations. The Custodian may change its investment options from time to time and the Depositor may move his or her monies in the Custodial Account to different investments. Any investment changes within the Custodial Account are subject to the terms and conditions of the investments, including but not limited to minimum deposit requirements and early redemption penalties. The Custodian, underlying investment vehicles, and their service providers have not and Custodian will not provide any investment advice, investment recommendations or suggestions, direction, suitability recommendations, tax advice, or any other investment guidance to the Depositorguidance. Further, the Custodian, underlying investment vehicles, and their service providers have Custodian has no duty to question the investment directions provided by the Depositor or any issues relating to the management of the Custodial Account. The Depositor will indemnify and hold the Custodian harmless from and against all costs and expenses (including attorney's fees) incurred by the Custodian in connection with any litigation regarding the investments within the Custodial Account where the Custodian is named as a necessary party. The Custodian will promptly execute investment instructions received from the Depositor if the instructions are in a form and manner acceptable to the Custodian. If the Custodian determines the instructions from the Depositor are unclear or incomplete, the Custodian may request additional instructions. Until clear instructions are received, the Custodian reserves the right, in good faith, to leave the contribution uninvested, place the contribution in a holding account (e.g., a money market account), or return the contribution to the Depositor. The Custodian will not be liable for any investment losses due to such delays in receiving clear investment instructions. Further, the Depositor will indemnify and hold the Custodian harmless for any adverse consequences or losses incurred from the Custodian's actions or inactions relating to the investment directions received from the Depositor or Authorized Agent. The Custodian shall have no duty other than to follow the written investment directions of the Depositor, and shall be under no duty to question said instructions and shall not be liable for any investment losses sustained by the Depositor. To the extent the Depositor has not directed other investments, the Custodian may maintain the cash as it may deem advisable or expedient (with no requirement to pay interest either on such cash balances or on cash [on hand hand] [in its hands] pending investment). All investment direction, investment management and investment advisory agreements provided by the IRA Depositor or beneficiary will continue until revoked by the IRA Depositor or beneficiary, even after the death of the IRA Depositor or beneficiary. The Custodian shall have no duty to bring any claim, suit or other action in connection with any investment in the Custodial Account. The Depositor agrees to indemnify and hold the Custodian harmless from and against all costs and expenses (including attorney’s fees) incurred by the Custodian in connection with any litigation, claim or other action involving any investment in the Custodial Account in which the Custodian is named as a necessary party or at the request of the Depositor. The Depositor will not engage in transactions not permitted under the Agreement, including, but not limited to, investment in collectibles, except as otherwise permitted by section 408(m)(3), which provides an exception for certain gold, silver, and platinum coins, coins issued under the laws of any state, and certain bullion, collectibles or life insurance contracts, or engage in a prohibited transaction under Code section 4975.

Investment Responsibilities. All investment decisions are the sole responsibility of the Depositor and the Depositor is responsible for directing to direct the Custodian in writing, or other acceptable form and manner authorized by the Custodian, regarding how all amounts are to be invested. The Custodian will determine the investments available within the Custodial Account. These investments will be permissible investments under the applicable laws and Regulations. The Custodian may change its investment options from time to time and the Depositor may move his or her monies in the Custodial Account to different investments. Any investment changes within the Custodial Account are subject to the terms and conditions of the investments, including but not limited to minimum deposit requirements and early redemption penalties. The Custodian, underlying investment vehicles, and their service providers have not and Custodian will not provide any investment advice, investment recommendations or suggestions, direction, suitability recommendations, tax advice, or any other investment guidance to the Depositorguidance. Further, the Custodian, underlying investment vehicles, and their service providers have Custodian has no duty to question the investment directions provided by the Depositor or any issues relating to the management of the Custodial Account. The Depositor will indemnify and hold the Custodian harmless from and against all costs and expenses (including attorney's fees) incurred by the Custodian in connection with any litigation regarding the investments within the Custodial Account where the Custodian is named as a necessary party. The Custodian will promptly execute investment instructions received from the Depositor if the instructions are in a form and manner acceptable to the Custodian. If the Custodian determines the instructions from the Depositor are unclear or incomplete, the Custodian may request additional instructions. Until clear instructions are received, the Custodian reserves the right, in good faith, to leave the contribution uninvested, place the contribution in a holding account (e.g., a money market account), or return the contribution to the Depositor. The Custodian will not be liable for any investment losses due to such delays in receiving clear investment instructions. Further, the Depositor will indemnify and hold the Custodian harmless for any adverse consequences or losses incurred from the Custodian's actions or inactions relating to the investment directions received from the Depositor or Authorized Agent. The Custodian shall have no duty other than to follow the written investment directions of the Depositor, and shall be under no duty to question said instructions and shall not be liable for any investment losses sustained by the Depositor. To the extent the Depositor has not directed other investments, the Custodian may maintain the cash as it may deem advisable or expedient (with no requirement to pay interest either neither on such cash balances or nor on cash on hand in its hands pending investment). All investment direction, investment management and investment advisory agreements provided by the IRA Depositor or beneficiary will continue until revoked by the IRA Depositor or beneficiary, even after the death of the IRA Depositor or beneficiary. The Custodian shall have no duty to bring any claim, suit or other action in connection with any investment in the Custodial Account. The Depositor agrees to indemnify and hold the Custodian harmless from and against all costs and expenses (including attorney’s fees) incurred by the Custodian in connection with any litigation, claim or other action involving any investment in the Custodial Account in which the Custodian is named as a necessary party or at the request of the Depositor. The Depositor will not engage in transactions not permitted under the Agreement, including, but not limited to, the investment in collectibles, except as otherwise permitted by section 408(m)(3), which provides an exception for certain gold, silver, and platinum coins, coins issued under the laws of any state, and certain bullion, collectibles or life insurance contracts, or engage in a prohibited transaction under Code section 4975.

Investment Responsibilities. All The Account Owner will control and manage the investment decisions are the sole responsibility of the Depositor and Custodial Account except insofar as the Depositor is responsible for directing Account Owner delegates investment authority over part or all of the Custodial Account assets to one or more investment managers or other Authorized Agents. Account Owner grants to the Custodian in writingall powers reasonably necessary to carry out its investment and other duties under this Agreement, or other acceptable form and manner authorized by Account Owner agrees to furnish the Custodian, regarding how Custodian with such information and Instructions as may be necessary to carry out the provisions of this Agreement and to enable the Custodian to fulfill all amounts are to be investedlegal and regulatory reporting requirements. The Custodian will determine the investments investment options available within the Custodial Account. These investments Account will be permissible investments under the applicable laws and Regulations. The Custodian available investment options may change its investment options from time to time and the Depositor Account Owner may move his or her monies in the Custodial Account to different investmentsinvestment options available under the Custodial Account. Any investment changes within the Custodial Account are subject to the terms and conditions of the investments, including but not limited to minimum deposit requirements and early redemption penalties. The Custodian, underlying Account Owner acknowledges that a wide array of investment vehicles, options is made available for the investment of funds held in the HSA. Account Owner understands and their service providers have agrees that the Custodian is not and will not provide providing any investment advice, investment recommendations or suggestions, direction, suitability recommendations, tax advice, advice to Account Owner or any Authorized Agent and that Custodian is not an investment adviser registered under the Investment Advisers Act of 1940. Account Owner also acknowledges that some of the mutual funds or other investment guidance options that are offered for purchase in the HSA may pay marketing and administrative services or other “revenue sharing” fees, including but not limited to the Depositor. Furtherso-called “12b-1” fees, the Custodian, underlying investment vehicles, and their service providers have no duty to question the investment directions provided by the Depositor or any issues relating to the management of the Custodial Account. The Depositor will indemnify and hold the Custodian harmless from and against all costs and expenses (including attorney's fees) incurred by the Custodian in connection with any litigation regarding the investments within an investment in such funds. No investment transaction for the Custodial Account where that is to be processed by the Custodian is named at the direction of the Account Owner or an Authorized Agent will be processed until the Custodian receives the Instruction in proper form. Investment transactions will be processed either as soon as administratively practicable thereafter or, if later, on the scheduled date for processing. The Custodian may rely conclusively on all Instructions given by the Account Owner or Authorized Agent which the Custodian believes to be genuine. The Custodian’s records of a necessary partytransaction will be conclusive as the content of any Instructions. Upon application by the Account Owner, on a form acceptable to the Custodian and upon approval by the Custodian, the Custodian will accept non-written Instructions from the Account Owner or Authorized Agent subject to immediate confirmation of such Instructions by email or in writing by the Authorized Agent. The Custodian will promptly execute have no responsibility to see that any investment instructions directions comply with the law and Regulations applicable to an HSA. However, if the Custodian receives any direction from the Account Owner or an Authorized Agent that appears to the Custodian in its sole judgment to be incomplete or unclear, the Custodian will not be required to act on such directions and may hold uninvested any asset without liability until proper directions are received from the Depositor if Account Owner or the instructions are in a form and manner acceptable to the CustodianAuthorized Agent. If the Custodian determines the instructions from the Depositor investment directions are unclear incomplete or incompleteunclear, the Custodian may request additional instructionswill notify the Account Owner or the Authorized Agent within a reasonable period of time. Until clear instructions are receivedIn the absence of proper investment directions, the Custodian reserves the right, in good faith, to leave the contribution uninvested, place the contribution in a holding account (e.g., a money market account), or return the contribution to the Depositor. The Custodian will not be liable for any investment losses due to such delays in receiving clear investment instructions. Further, the Depositor will indemnify and hold the Custodian harmless for any adverse consequences interest or market gains or losses incurred from the Custodian's actions or inactions relating to the investment directions received from the Depositor or Authorized Agent. The Custodian shall have no duty other than to follow the written investment directions of the Depositor, and shall be under no duty to question said instructions and shall not be liable for on any investment losses sustained by the Depositor. To the extent the Depositor has not directed other investments, the Custodian may maintain the cash as it may deem advisable or expedient (with no requirement to pay interest either on such cash balances or on cash on hand pending investment). All investment direction, investment management and investment advisory agreements provided by the IRA Depositor or beneficiary will continue until revoked by the IRA Depositor or beneficiary, even after the death of the IRA Depositor or beneficiary. The Custodian shall have no duty to bring any claim, suit or other action in connection with any investment maintained in the Custodial Account. Any non-deposit investment product that Account Owner purchases using funds in his or her HSA, including mutual funds, stocks, and bonds, is not FDIC-insured, is not a deposit or other obligation of the Custodian, is not guaranteed by FPS Trust or any of its affiliates, is not insured by any federal government agency, and is subject to investment risk, including the possible loss of the principal amount invested. Mutual Fund E-Consent: Account Owner consents to receive electronically the fact sheets, prospectuses, prospectus supplements, and shareholder reports for any of the available mutual funds in which Account Owner chooses to invest, and to read the prospectuses, including any supplements, and to agree to their terms before investing. Account Owner also consents to review trade confirmations online and in paper or electronic quarterly statements. The Depositor fact sheets, prospectuses, prospectus supplements, shareholder reports and account information, including trade confirmations, can be accessed through the HSA Administrator’s website in hypertext markup language (HTML) and/or Adobe Acrobat Portable Document Format (PDF). Account Owner may access a document in HTML with appropriate browser software, such as Microsoft Internet Explorer or equivalent. To access a document in PDF, Account Owner must have installed Adobe Acrobat Reader on his or her computer, which may be obtained free of charge at xxx.xxxxx.xxx. Account Owner acknowledges and agrees that he or she has communications access to indemnify the Internet and hold is able to access documents in HTML and PDF without additional hardware and software. Account Owner understands that these documents can be printed if Account Owner has access to a printer, using the Custodian harmless from button on the browser. Account Owner further understands that electronic delivery is provided free of charge, although other online service provider charges may apply, and against all costs that Account Owner may request paper copies of these documents by calling the HSA Administrator. Account Owner acknowledges and agrees that a prospectus has been made available to Account Owner electronically prior to and following the purchase of any available mutual funds. To the extent that Account Owner directs investment of his or her Account in mutual funds, balances invested in those mutual funds are subject to investment fees and other charges and expenses (including attorney’s fees) incurred as described by the Custodian in connection with any litigationapplicable prospectuses. Some mutual funds may charge a redemption fee. Redemption fees, claim or other action involving any investment if any, will be charged to the assets held in the Custodial HSA. Account in which Owner cannot reimburse his or her HSA for redemption fees. For further information on redemption fees, please see the Custodian is named as a necessary party or at the request of the Depositor. The Depositor will not engage in transactions not permitted under the Agreement, including, but not limited to, investment in collectibles, except as otherwise permitted by section 408(m)(3), which provides an exception for certain gold, silver, and platinum coins, coins issued under the laws of any state, and certain bullion, or life insurance contracts, or engage in a prohibited transaction under Code section 4975mutual fund prospectus.

Investment Responsibilities. All investment decisions are the sole responsibility of the Depositor and the Depositor is responsible for directing to direct the Custodian in writing, or other acceptable form and manner authorized by the Custodian, regarding how all amounts are to be invested. The Custodian will determine the investments available within the Custodial Account. These investments will be permissible investments under the applicable laws and Regulations. The Custodian may change its investment options from time to time and the Depositor may move his or her monies in the Custodial Account to different investments. Any investment changes within the Custodial Account are subject to the terms and conditions of the investments, including but not limited to minimum deposit requirements and early redemption penalties. The Custodian, underlying investment vehicles, and their service providers have not and Custodian will not provide any investment advice, investment recommendations or suggestions, direction, suitability recommendations, tax advice, or any other investment guidance to the Depositorguidance. Further, the Custodian, underlying investment vehicles, and their service providers have Custodian has no duty to question the investment directions provided by the Depositor or any issues relating to the management of the Custodial Account. The Depositor will indemnify and hold the Custodian harmless from and against all costs and expenses (including attorney's fees) incurred by the Custodian in connection with any litigation regarding the investments within the Custodial Account where the Custodian is named as a necessary party. The Custodian will promptly execute investment instructions received from the Depositor if the instructions are in a form and manner acceptable to the Custodian. If the Custodian determines the instructions from the Depositor are unclear or incomplete, the Custodian may request additional instructions. Until clear instructions are received, the Custodian reserves the right, in good faith, to leave the contribution uninvested, place the contribution in a holding account (e.g., a money market account), or return the contribution to the Depositor. The Custodian will not be liable for any investment losses due to such delays in receiving clear investment instructions. Further, the Depositor will indemnify and hold the Custodian harmless for any adverse consequences or losses incurred from the Custodian's actions or inactions relating to the investment directions received from the Depositor or Authorized Agent. The Custodian shall have no duty other than to follow the written investment directions of the Depositor, and shall be under no duty to question said instructions and shall not be liable for any investment losses sustained by the Depositor. To the extent the Depositor has not directed other investments, the Custodian may maintain the cash as it may deem advisable or expedient (with no requirement to pay interest either neither on such cash balances or nor on cash on hand in its hands pending investment). All investment direction, investment management and investment advisory agreements provided by the IRA XXX Depositor or beneficiary will continue until revoked by the IRA XXX Depositor or beneficiary, even after the death of the IRA XXX Depositor or beneficiary. The Custodian shall have no duty to bring any claim, suit or other action in connection with any investment in the Custodial Account. The Depositor agrees to indemnify and hold the Custodian harmless from and against all costs and expenses (including attorney’s fees) incurred by the Custodian in connection with any litigation, claim or other action involving any investment in the Custodial Account in which the Custodian is named as a necessary party or at the request of the Depositor. The Depositor will not engage in transactions not permitted under the Agreement, including, but not limited to, the investment in collectibles, except as otherwise permitted by section 408(m)(3), which provides an exception for certain gold, silver, and platinum coins, coins issued under the laws of any state, and certain bullion, collectibles or life insurance contracts, or engage in a prohibited transaction under Code section 4975.

Investment Responsibilities. All The Account Owner will control and manage the investment decisions are the sole responsibility of the Depositor and Custodial Account except insofar as the Depositor is responsible for directing Account Owner delegates investment authority over part or all of the Custodial Account assets to one or more investment managers or other Authorized Agents. Account Owner grants to the Custodian in writingall powers reasonably necessary to carry out its investment and other duties under this Agreement, or other acceptable form and manner authorized by Account Owner agrees to furnish the Custodian, regarding how Custodian with such information and Instructions as may be necessary to carry out the provisions of this Agreement and to enable the Custodian to fulfill all amounts are to be investedlegal and regulatory reporting requirements. The Custodian will determine the investments investment options available within the Custodial Account. These investments Account will be permissible investments under the applicable laws and Regulations. The Custodian available investment options may change its investment options from time to time and the Depositor Account Owner may move his or her monies in the Custodial Account to different investmentsinvestment options available under the Custodial Account. Any investment changes within the Custodial Account are subject to the terms and conditions of the investments, including but not limited to minimum deposit requirements and early redemption penalties. The Custodian, underlying Account Owner acknowledges that a wide array of investment vehicles, options is made available for the investment of funds held in the HSA. Account Owner understands and their service providers have agrees that the Custodian is not and will not provide providing any investment advice, investment recommendations or suggestions, direction, suitability recommendations, tax advice, advice to Account Owner or any Authorized Agent and that Custodian is not an investment adviser registered under the Investment Advisers Act of 1940. Account Owner also acknowledges that some of the mutual funds or other investment guidance options that are offered for purchase in the HSA may pay marketing and administrative services or other “revenue sharing” fees, including but not limited to the Depositor. Furtherso-called “12b-1” fees, the Custodian, underlying investment vehicles, and their service providers have no duty to question the investment directions provided by the Depositor or any issues relating to the management of the Custodial Account. The Depositor will indemnify and hold the Custodian harmless from and against all costs and expenses (including attorney's fees) incurred by the Custodian in connection with any litigation regarding the investments within an investment in such funds. No investment transaction for the Custodial Account where that is to be processed by the Custodian is named at the direction of the Account Owner or an Authorized Agent will be processed until the Custodian receives the Instruction in proper form. Investment transactions will be processed either as soon as administratively practicable thereafter or, if later, on the scheduled date for processing. The Custodian may rely conclusively on all Instructions given by the Account Owner or Authorized Agent which the Custodian believes to be genuine. The Custodian’s records of a necessary partytransaction will be conclusive as the content of any Instructions. Upon application by the Account Owner, on a form acceptable to the Custodian and upon approval by the Custodian, the Custodian will accept non-written Instructions from the Account Owner or Authorized Agent subject to immediate confirmation of such Instructions by email or in writing by the Authorized Agent. The Custodian will promptly execute have no responsibility to see that any investment instructions directions comply with the law and Regulations applicable to an HSA. However, if the Custodian receives any direction from the Account Owner or an Authorized Agent that appears to the Custodian in its sole judgment to be incomplete or unclear, the Custodian will not be required to act on such directions and may hold uninvested any asset without liability until proper directions are received from the Depositor if Account Owner or the instructions are in a form and manner acceptable to the CustodianAuthorized Agent. If the Custodian determines the instructions from the Depositor investment directions are unclear incomplete or incompleteunclear, the Custodian may request additional instructionswill notify the Account Owner or the Authorized Agent within a reasonable period of time. Until clear instructions are receivedIn the absence of proper investment directions, the Custodian reserves the right, in good faith, to leave the contribution uninvested, place the contribution in a holding account (e.g., a money market account), or return the contribution to the Depositor. The Custodian will not be liable for any investment losses due to such delays in receiving clear investment instructions. Further, the Depositor will indemnify and hold the Custodian harmless for any adverse consequences interest or market gains or losses incurred from the Custodian's actions or inactions relating to the investment directions received from the Depositor or Authorized Agent. The Custodian shall have no duty other than to follow the written investment directions of the Depositor, and shall be under no duty to question said instructions and shall not be liable for on any investment losses sustained by the Depositor. To the extent the Depositor has not directed other investments, the Custodian may maintain the cash as it may deem advisable or expedient (with no requirement to pay interest either on such cash balances or on cash on hand pending investment). All investment direction, investment management and investment advisory agreements provided by the IRA Depositor or beneficiary will continue until revoked by the IRA Depositor or beneficiary, even after the death of the IRA Depositor or beneficiary. The Custodian shall have no duty to bring any claim, suit or other action in connection with any investment maintained in the Custodial Account. Any nondeposit investment product that Account Owner purchases using funds in his or her HSA, including mutual funds, stocks, and bonds, is not FDIC-insured, is not a deposit or other obligation of the Custodian, is not guaranteed by FPS Trust or any of its affiliates, is not insured by any federal government agency, and is subject to investment risk, including the possible loss of the principal amount invested. Mutual Fund E-Consent: Account Owner consents to receive electronically the fact sheets, prospectuses, prospectus supplements, and shareholder reports for any of the available mutual funds in which Account Owner chooses to invest, and to read the prospectuses, including any supplements, and to agree to their terms before investing. Rev. 11/2015 PAGE | 8 Account Owner also consents to review trade confirmations online and in paper or electronic quarterly statements. The Depositor fact sheets, prospectuses, prospectus supplements, shareholder reports and account information, including trade confirmations, can be accessed through the HSA Administrator’s website in hypertext markup language (HTML) and/or Adobe Acrobat Portable Document Format (PDF). Account Owner may access a document in HTML with appropriate browser software, such as Microsoft Internet Explorer or equivalent. To access a document in PDF, Account Owner must have installed Adobe Acrobat Reader on his or her computer, which may be obtained free of charge at xxx.xxxxx.xxx. Account Owner acknowledges and agrees that he or she has communications access to indemnify the Internet and hold is able to access documents in HTML and PDF without additional hardware and software. Account Owner understands that these documents can be printed if Account Owner has access to a printer, using the Custodian harmless from button on the browser. Account Owner further understands that electronic delivery is provided free of charge, although other online service provider charges may apply, and against all costs that Account Owner may request paper copies of these documents by calling the HSA Administrator. Account Owner acknowledges and agrees that a prospectus has been made available to Account Owner electronically prior to and following the purchase of any available mutual funds. To the extent that Account Owner directs investment of his or her Account in mutual funds, balances invested in those mutual funds are subject to investment fees and other charges and expenses (including attorney’s fees) incurred as described by the Custodian in connection with any litigationapplicable prospectuses. Some mutual funds may charge a redemption fee. Redemption fees, claim or other action involving any investment if any, will be charged to the assets held in the Custodial HSA. Account in which Owner cannot reimburse his or her HSA for redemption fees. For further information on redemption fees, please see the Custodian is named as a necessary party or at the request of the Depositor. The Depositor will not engage in transactions not permitted under the Agreement, including, but not limited to, investment in collectibles, except as otherwise permitted by section 408(m)(3), which provides an exception for certain gold, silver, and platinum coins, coins issued under the laws of any state, and certain bullion, or life insurance contracts, or engage in a prohibited transaction under Code section 4975mutual fund prospectus.

Investment Responsibilities. All investment decisions are the sole responsibility of the Depositor and the Depositor is responsible for directing to direct the Custodian in writing, or other acceptable form and manner authorized by the Custodian, regarding how all amounts are to be invested. The Custodian will determine the investments available within the Custodial Account. These investments will be permissible investments under the applicable laws and Regulations. The Custodian may change its investment options from time to time and the Depositor may move his or her monies in the Custodial Account to different investments. Any investment changes within the Custodial Account are subject to the terms and conditions of the investments, including but not limited to minimum deposit requirements and early redemption penalties. The Custodian, underlying investment vehicles, and their service providers have not and Custodian will not provide any investment advice, investment recommendations or suggestions, direction, suitability recommendations, tax advice, or any other investment guidance to the Depositorguidance. Further, the Custodian, underlying investment vehicles, and their service providers have Custodian has no duty to question the investment directions provided by the Depositor or any issues relating to the management of the Custodial Account. The Depositor will indemnify and hold the Custodian harmless from and against all costs and expenses (including attorney's fees) incurred by the Custodian in connection with any litigation regarding the investments within the Custodial Account where the Custodian is named as a necessary party. The Custodian will promptly execute investment instructions received from the Depositor if the instructions are in a form and manner acceptable to the Custodian. If the Custodian determines the instructions from the Depositor are unclear or incomplete, the Custodian may request additional instructions. Until clear instructions are received, the Custodian reserves the right, in good faith, to leave the contribution uninvested, place the contribution in a holding account (e.g., a money market account), or return the contribution to the Depositor. The Custodian will not be liable for any investment losses due to such delays in receiving clear investment instructions. Further, the Depositor will indemnify and hold the Custodian harmless for any adverse consequences or losses incurred from the Custodian's actions or inactions relating to the investment directions received from the Depositor or Authorized Agent. The Custodian shall have no duty other than to follow the written investment directions of the Depositor, and shall be under no duty to question said instructions and shall not be liable for any investment losses sustained by the Depositor. To the extent the Depositor has not directed other investments, the Custodian may maintain the cash as it may deem advisable or expedient (with no requirement to pay interest either neither on such cash balances or nor on cash on hand in its hands pending investment). All investment direction, investment management and investment advisory agreements provided by the IRA Depositor or beneficiary will continue until revoked by the IRA Depositor or beneficiary, even after the death of the IRA Depositor or beneficiary. The Custodian shall have no duty to bring any claim, suit or other action in connection with any investment in the Custodial Account. The Depositor agrees to indemnify and hold the Custodian harmless from and against all costs and expenses (including attorney’s attorney‟s fees) incurred by the Custodian in connection with any litigation, claim or other action involving any investment in the Custodial Account in which the Custodian is named as a necessary party or at the request of the Depositor. The Depositor will not engage in transactions not permitted under the Agreement, including, but not limited to, the investment in collectibles, except as otherwise permitted by section 408(m)(3), which provides an exception for certain gold, silver, and platinum coins, coins issued under the laws of any state, and certain bullion, collectibles or life insurance contracts, or engage in a prohibited transaction under Code section 4975.

Investment Responsibilities. All The Account Owner will control and manage the investment decisions are the sole responsibility of the Depositor and Custodial Account except insofar as the Depositor is responsible for directing Account Owner delegates investment authority over part or all of the Custodial Account assets to one or more investment managers or other Authorized Agents. Account Owner grants to the Custodian in writingall powers reasonably necessary to carry out its investment and other duties under this Agreement, or other acceptable form and manner authorized by Account Owner agrees to furnish the Custodian, regarding how Custodian with such information and Instructions as may be necessary to carry out the provisions of this Agreement and to enable the Custodian to fulfill all amounts are to be investedlegal and regulatory reporting requirements. The Custodian will determine the investments investment options available within the Custodial Account. These investments Account will be permissible investments under the applicable laws and Regulations. The Custodian available investment options may change its investment options from time to time and the Depositor Account Owner may move his or her monies in the Custodial Account to different investmentsinvestment options available under the Custodial Account. Any investment changes within the Custodial Account are subject to the terms and conditions of the investments, including but not limited to minimum deposit requirements and early redemption penalties. The Custodian, underlying Account Owner acknowledges that a wide array of investment vehicles, options is made available for the investment of funds held in the HSA. Account Owner understands and their service providers have agrees that the Custodian is not and will not provide providing any investment advice, investment recommendations or suggestions, direction, suitability recommendations, tax advice, advice to Account Owner or any Authorized Agent and that Custodian is not an investment adviser registered under the Investment Advisers Act of 1940. Account Owner also acknowledges that some of the mutual funds or other investment guidance options that are offered for purchase in the HSA may pay marketing and administrative services or other “revenue sharing” fees, including but not limited to the Depositor. Furtherso-called “12b-1” fees, the Custodian, underlying investment vehicles, and their service providers have no duty to question the investment directions provided by the Depositor or any issues relating to the management of the Custodial Account. The Depositor will indemnify and hold the Custodian harmless from and against all costs and expenses (including attorney's fees) incurred by the Custodian in connection with any litigation regarding the investments within an investment in such funds. No investment transaction for the Custodial Account where that is to be processed by the Custodian is named at the direction of the Account Owner or an Authorized Agent will be processed until the Custodian receives the Instruction in proper form. Investment transactions will be processed either as soon as administratively practicable thereafter or, if later, on the scheduled date for processing. The Custodian may rely conclusively on all Instructions given by the Account Owner or Authorized Agent which the Custodian believes to be genuine. The Custodian’s records of a necessary partytransaction will be conclusive as the content of any Instructions. Upon application by the Account Owner, on a form acceptable to the Custodian and upon approval by the Custodian, the Custodian will accept non-written Instructions from the Account Owner or Authorized Agent subject to immediate confirmation of such Instructions by email or in writing by the Authorized Agent. The Custodian will promptly execute have no responsibility to see that any investment instructions directions comply with the law and Regulations applicable to an HSA. However, if the Custodian receives any direction from the Account Owner or an Authorized Agent that appears to the Custodian in its sole judgment to be incomplete or unclear, the Custodian will not be required to act on such directions and may hold uninvested any asset without liability until proper directions are received from the Depositor if Account Owner or the instructions are in a form and manner acceptable to the CustodianAuthorized Agent. If the Custodian determines the instructions from the Depositor investment directions are unclear incomplete or incompleteunclear, the Custodian may request additional instructionswill notify the Account Owner or the Authorized Agent within a reasonable period of time. Until clear instructions are receivedIn the absence of proper investment directions, the Custodian reserves the right, in good faith, to leave the contribution uninvested, place the contribution in a holding account (e.g., a money market account), or return the contribution to the Depositor. The Custodian will not be liable for any investment losses due to such delays in receiving clear investment instructions. Further, the Depositor will indemnify and hold the Custodian harmless for any adverse consequences interest or market gains or losses incurred from the Custodian's actions or inactions relating to the investment directions received from the Depositor or Authorized Agent. The Custodian shall have no duty other than to follow the written investment directions of the Depositor, and shall be under no duty to question said instructions and shall not be liable for on any investment losses sustained by the Depositor. To the extent the Depositor has not directed other investments, the Custodian may maintain the cash as it may deem advisable or expedient (with no requirement to pay interest either on such cash balances or on cash on hand pending investment). All investment direction, investment management and investment advisory agreements provided by the IRA Depositor or beneficiary will continue until revoked by the IRA Depositor or beneficiary, even after the death of the IRA Depositor or beneficiary. The Custodian shall have no duty to bring any claim, suit or other action in connection with any investment maintained in the Custodial Account. Any nondeposit investment product that Account Owner purchases using funds in his or her HSA, including mutual funds, stocks, and bonds, is not FDIC-insured, is not a deposit or other obligation of the Custodian, is not guaranteed by FPS Trust or any of its affiliates, is not insured by any federal government agency, and is subject to investment risk, including the possible loss of the principal amount invested. Mutual Fund E-Consent: Account Owner consents to receive electronically the fact sheets, prospectuses, prospectus supplements, and shareholder reports for any of the available mutual funds in which Account Owner chooses to invest, and to read the prospectuses, including any supplements, and to agree to their terms before investing. Rev. 11/2015 PAGE | 9 Account Owner also consents to review trade confirmations online and in paper or electronic quarterly statements. The Depositor fact sheets, prospectuses, prospectus supplements, shareholder reports and account information, including trade confirmations, can be accessed through the HSA Administrator’s website in hypertext markup language (HTML) and/or Adobe Acrobat Portable Document Format (PDF). Account Owner may access a document in HTML with appropriate browser software, such as Microsoft Internet Explorer or equivalent. To access a document in PDF, Account Owner must have installed Adobe Acrobat Reader on his or her computer, which may be obtained free of charge at xxx.xxxxx.xxx. Account Owner acknowledges and agrees that he or she has communications access to indemnify the Internet and hold is able to access documents in HTML and PDF without additional hardware and software. Account Owner understands that these documents can be printed if Account Owner has access to a printer, using the Custodian harmless from button on the browser. Account Owner further understands that electronic delivery is provided free of charge, although other online service provider charges may apply, and against all costs that Account Owner may request paper copies of these documents by calling the HSA Administrator. Account Owner acknowledges and agrees that a prospectus has been made available to Account Owner electronically prior to and following the purchase of any available mutual funds. To the extent that Account Owner directs investment of his or her Account in mutual funds, balances invested in those mutual funds are subject to investment fees and other charges and expenses (including attorney’s fees) incurred as described by the Custodian in connection with any litigationapplicable prospectuses. Some mutual funds may charge a redemption fee. Redemption fees, claim or other action involving any investment if any, will be charged to the assets held in the Custodial HSA. Account in which Owner cannot reimburse his or her HSA for redemption fees. For further information on redemption fees, please see the Custodian is named as a necessary party or at the request of the Depositor. The Depositor will not engage in transactions not permitted under the Agreement, including, but not limited to, investment in collectibles, except as otherwise permitted by section 408(m)(3), which provides an exception for certain gold, silver, and platinum coins, coins issued under the laws of any state, and certain bullion, or life insurance contracts, or engage in a prohibited transaction under Code section 4975mutual fund prospectus.

Investment Responsibilities. All The Account Owner will control and manage the investment decisions are the sole responsibility of the Depositor and Custodial Account except insofar as the Depositor is responsible for directing Account Owner delegates investment authority over part or all of the Custodial Account assets to one or more investment managers or other Authorized Agents. Account Owner grants to the Custodian in writingall powers reasonably necessary to carry out its investment and other duties under this Agreement, or other acceptable form and manner authorized by Account Owner agrees to furnish the Custodian, regarding how Custodian with such information and Instructions as may be necessary to carry out the provisions of this Agreement and to enable the Custodian to fulfill all amounts are to be investedlegal and regulatory reporting requirements. The Custodian will determine the investments investment options available within the Custodial Account. These investments will be permissible investments under the applicable laws and Regulations. The Custodian may change its investment options from time to time and the Depositor Account Owner may move his or her monies in the Custodial Account to different investments. Any investment changes within the Custodial Account are subject to the terms and conditions of the investments, including but not limited to minimum deposit requirements and early redemption penalties. The Custodian, underlying Account Owner acknowledges that a wide array of investment vehicles, options is made available for the investment of funds held in the HSA. Account Owner understands and their service providers have agrees that the Custodian is not and will not provide providing any investment advice, investment recommendations or suggestions, direction, suitability recommendations, tax advice, advice to Account Owner or any Authorized Agent and that Custodian is not an investment adviser registered under the Investment Advisers Act of 1940. Account Owner also acknowledges that some of the mutual funds or other investment guidance options that are offered for purchase in the HSA may pay marketing and administrative services or other “revenue sharing” fees, including but not limited to the Depositor. Furtherso-called “12b-1” fees, the Custodian, underlying investment vehicles, and their service providers have no duty to question the investment directions provided by the Depositor or any issues relating to the management of the Custodial Account. The Depositor will indemnify and hold the Custodian harmless from and against all costs and expenses (including attorney's fees) incurred by the Custodian in connection with any litigation regarding the investments within an investment in such funds. No investment transaction for the Custodial Account where that is to be processed by the Custodian is named at the direction of the Account Owner or an Authorized Agent will be processed until the Custodian receives the Instruction in proper form. Investment transactions will be processed either as soon as administratively practicable thereafter or, if later, on the scheduled date for processing. The Custodian may rely conclusively on all Instructions given by the Account Owner or Authorized Agent which the Custodian believes to be genuine. The Custodian’s records of a necessary partytransaction will be conclusive as the content of any Instructions. Upon application by the Account Owner, on a form acceptable to the Custodian and upon approval by the Custodian, the Custodian will accept non-written Instructions from the Account Owner or Authorized Agent subject to immediate confirmation of such Instructions by email or in writing by the Authorized Agent. The Custodian will promptly execute have no responsibility to see that any investment instructions directions comply with the law and Regulations applicable to an HSA. However, if the Custodian receives any direction from the Account Owner or an Authorized Agent that appears to the Custodian in its sole judgment to be incomplete or unclear, the Custodian will not be required to act on such directions and may hold uninvested any asset without liability until proper directions are received from the Depositor if Account Owner or the instructions are in a form and manner acceptable to the CustodianAuthorized Agent. If the Custodian determines the instructions from the Depositor investment directions are unclear incomplete or incompleteunclear, the Custodian may request additional instructionswill notify the Account Owner or the Authorized Agent within a reasonable period of time. Until clear instructions are receivedIn the absence of proper investment directions, the Custodian reserves the right, in good faith, to leave the contribution uninvested, place the contribution in a holding account (e.g., a money market account), or return the contribution to the Depositor. The Custodian will not be liable for any investment losses due to such delays in receiving clear investment instructions. Further, the Depositor will indemnify and hold the Custodian harmless for any adverse consequences interest or market gains or losses incurred from the Custodian's actions or inactions relating to the investment directions received from the Depositor or Authorized Agent. The Custodian shall have no duty other than to follow the written investment directions of the Depositor, and shall be under no duty to question said instructions and shall not be liable for on any investment losses sustained by the Depositor. To the extent the Depositor has not directed other investments, the Custodian may maintain the cash as it may deem advisable or expedient (with no requirement to pay interest either on such cash balances or on cash on hand pending investment). All investment direction, investment management and investment advisory agreements provided by the IRA Depositor or beneficiary will continue until revoked by the IRA Depositor or beneficiary, even after the death of the IRA Depositor or beneficiary. The Custodian shall have no duty to bring any claim, suit or other action in connection with any investment maintained in the Custodial Account. Any nondeposit investment product that Account Owner purchases using funds in his or her HSA, including mutual funds, stocks, and bonds, is not FDIC-insured, is not a deposit or other obligation of the Custodian, is not guaranteed by FPS Trust or any of its affiliates, is not insured by any federal government agency, and is subject to investment risk, including the possible loss of the principal amount invested. Mutual Fund E-Consent: Account Owner consents to receive electronically the fact sheets, prospectuses, prospectus supplements, and shareholder reports for any of the available mutual funds in which Account Owner chooses to invest, and to read the prospectuses, Rev. 07/2015 PAGE | 9 including any supplements, and to agree to their terms before investing. Account Owner also consents to review trade confirmations online and in paper or electronic quarterly statements. The Depositor fact sheets, prospectuses, prospectus supplements, shareholder reports and account information, including trade confirmations, can be accessed through the HSA Administrator’s website in hypertext markup language (HTML) and/or Adobe Acrobat Portable Document Format (PDF). Account Owner may access a document in HTML with appropriate browser software, such as Microsoft Internet Explorer or equivalent. To access a document in PDF, Account Owner must have installed Adobe Acrobat Reader on his or her computer, which may be obtained free of charge at xxx.xxxxx.xxx. Account Owner acknowledges and agrees that he or she has communications access to indemnify the Internet and hold is able to access documents in HTML and PDF without additional hardware and software. Account Owner understands that these documents can be printed if Account Owner has access to a printer, using the Custodian harmless from button on the browser. Account Owner further understands that electronic delivery is provided free of charge, although other online service provider charges may apply, and against all costs that Account Owner may request paper copies of these documents by calling the HSA Administrator. Account Owner acknowledges and agrees that a prospectus has been made available to Account Owner electronically prior to and following the purchase of any available mutual funds. To the extent that Account Owner directs investment of his or her Account in mutual funds, balances invested in those mutual funds are subject to investment fees and other charges and expenses (including attorney’s fees) incurred as described by the Custodian in connection with any litigationapplicable prospectuses. Some mutual funds may charge a redemption fee. Redemption fees, claim or other action involving any investment if any, will be charged to the assets held in the Custodial HSA. Account in which Owner cannot reimburse his or her HSA for redemption fees. For further information on redemption fees, please see the Custodian is named as a necessary party or at the request of the Depositor. The Depositor will not engage in transactions not permitted under the Agreement, including, but not limited to, investment in collectibles, except as otherwise permitted by section 408(m)(3), which provides an exception for certain gold, silver, and platinum coins, coins issued under the laws of any state, and certain bullion, or life insurance contracts, or engage in a prohibited transaction under Code section 4975mutual fund prospectus.

Investment Responsibilities. All investment decisions are the sole responsibility of the Depositor and the Depositor is responsible for directing the Custodian in writing, or other acceptable form and manner authorized by the Custodian, regarding how all amounts are to be invested. The Custodian will determine the investments available within the Custodial Account. These investments will be permissible investments under the applicable laws and Regulations. The Custodian may change its investment options from time to time and the Depositor may move his or her monies in the Custodial Account to different investments. Any investment changes within the Custodial Account are subject to the terms and conditions of the investments, including but not limited to minimum deposit requirements and early redemption penalties. The Custodian, underlying investment vehicles, and their service providers have not and Custodian will not provide any investment advice, investment recommendations or suggestions, direction, suitability recommendations, tax advice, or any other investment guidance to the Depositorguidance. Further, the Custodian, underlying investment vehicles, and their service providers have Custodian has no duty to question the investment directions provided by the Depositor or any issues relating to the management of the Custodial Account. The Depositor will indemnify and hold the Custodian harmless from and against all costs and expenses (including attorney's fees) incurred by the Custodian in connection with any litigation regarding the investments within the Custodial Account where the Custodian is named as a necessary party. The Custodian will promptly execute investment instructions received from the Depositor if the instructions are in a form and manner acceptable to the Custodian. If the Custodian determines the instructions from the Depositor are unclear or incomplete, the Custodian may request additional instructions. Until clear instructions are received, the Custodian reserves the right, in good faith, to leave the contribution uninvested, place the contribution in a holding account (e.g., a money market account), or return the contribution to the Depositor. The Custodian will not be liable for any investment losses due to such delays in receiving clear investment instructions. Further, the Depositor will indemnify and hold the Custodian harmless for any adverse consequences or losses incurred from the Custodian's actions or inactions relating to the investment directions received from the Depositor or Authorized Agent. The Custodian shall have no duty other than to follow the written investment directions of the Depositor, and shall be under no duty to question said instructions and shall not be liable for any investment losses sustained by the Depositor. To the extent the Depositor has not directed other investments, the Custodian may maintain the cash as it may deem advisable or expedient (with no requirement to pay interest either on such cash balances or on cash [on hand hand] [in its hands] pending investment). All investment direction, investment management and investment advisory agreements provided by the IRA Depositor or beneficiary will continue until revoked by the IRA Depositor or beneficiary, even after the death of the IRA Depositor or beneficiary. The Custodian shall have no duty to bring any claim, suit or other action in connection with any investment in the Custodial Account. The Depositor agrees to indemnify and hold the Custodian harmless from and against all costs and expenses (including attorney’s fees) incurred by the Custodian in connection with any litigation, claim or other action involving any investment in the Custodial Account in which the Custodian is named as a necessary party or at the request of the Depositor. The Depositor will not engage in transactions not permitted under the Agreement, including, but not limited to, investment in collectibles, except as otherwise permitted by section 408(m)(3), which provides an exception for certain gold, silver, and platinum coins, coins issued under the laws of any state, and certain bullion, or life insurance contracts, or engage in a prohibited transaction under Code section 4975.

Investment Responsibilities. All investment decisions are the sole responsibility of the Depositor and the Depositor is responsible for directing the Custodian in writing, or other acceptable form and manner authorized by the Custodian, regarding how all amounts are to be invested. The Custodian will determine the investments available within the Custodial Account. These investments will be permissible investments under the applicable laws and Regulations. The Custodian may change its investment options from time to time and the Depositor may move his or her monies in the Custodial Account to different investments. Any investment changes within the Custodial Account are subject to the terms and conditions of the investments, including but not limited to minimum deposit requirements and early redemption penaltiesredemptionpenalties. The Custodian, underlying investment vehicles, and their service providers have not and will not provide any investment advice, investment recommendations or suggestions, direction, suitability recommendations, tax advice, or any other investment guidance to the Depositor. Further, the Custodian, underlying investment vehicles, and their service providers have no duty to question the investment directions provided by the Depositor or any issues relating to the management of the Custodial Account. The Depositor will indemnify and hold the Custodian harmless from and against all costs and expenses (including attorney's fees) incurred by the Custodian in connection with any litigation regarding the investments within the Custodial Account where the Custodian is named as a necessary party. The Custodian will promptly execute investment instructions received from the Depositor if the instructions are in a form and manner acceptable to the Custodian. If the Custodian determines the instructions from the Depositor are unclear or incomplete, the Custodian may request additional instructions. Until clear instructions are received, the Custodian reserves the right, in good faith, to leave the contribution uninvested, place the contribution in a holding account (e.g., a money market account), or return the contribution to the Depositor. The Custodian will not be liable for any investment losses due to such delays in receiving clear investment instructions. Further, the Depositor will indemnify and hold the Custodian harmless for any adverse consequences or losses incurred from the Custodian's actions or inactions relating to the investment directions received from the Depositor or Authorized Agent. The Custodian shall have no duty other than to follow the written investment directions of the Depositor, and shall be under no duty to question said instructions and shall not be liable for any investment losses sustained by the Depositor. To the extent the Depositor has not directed other investments, the Custodian may maintain the cash as it may deem advisable or expedient (with no requirement to pay interest either on such cash balances or on cash on hand pending investment). All investment direction, investment management and investment advisory agreements provided by the IRA Depositor or beneficiary will continue until revoked by the IRA Depositor or beneficiary, even after the death of the IRA Depositor or beneficiary. The Custodian shall have no duty to bring any claim, suit or other action in connection with any investment in the Custodial Account. The Depositor agrees to indemnify and hold the Custodian harmless from and against all costs and expenses (including attorney’s fees) incurred by the Custodian in connection with any litigation, claim or other action involving any investment in the Custodial Account in which the Custodian is named as a necessary party or at the request of the Depositor. The Depositor will not engage in transactions not permitted under the Agreement, including, but not limited to, investment in collectibles, except as otherwise permitted by section 408(m)(3), which provides an exception for certain gold, silver, and platinum coins, coins issued under the laws of any state, and certain bullion, or life insurance contracts, or engage in a prohibited transaction under Code section 4975.

Investment Responsibilities. All The Account Owner will control and manage the investment decisions are the sole responsibility of the Depositor and Custodial Account except insofar as the Depositor is responsible for directing Account Owner delegates investment authority over part or all of the Custodial Account assets to one or more investment managers or other Authorized Agents. Account Owner grants to the Custodian in writingall powers reasonably necessary to carry out its investment and other duties under this Agreement, or other acceptable form and manner authorized by Account Owner agrees to furnish the Custodian, regarding how Custodian with such information and Instructions as may be necessary to carry out the provisions of this Agreement and to enable the Custodian to fulfill all amounts are to be investedlegal and regulatory reporting requirements. The Custodian will determine the investments investment options available within the Custodial Account. These investments Account will be permissible investments under the applicable laws and Regulations. The Custodian available investment options may change its investment options from time to time and the Depositor Account Owner may move his or her monies in the Custodial Account to different investmentsinvestment options available under the Custodial Account. Any investment changes within the Custodial Account are subject to the terms and conditions of the investments, including but not limited to minimum deposit requirements and early redemption penalties. The Custodian, underlying Account Owner acknowledges that a wide array of investment vehicles, options is made available for the investment of funds held in the HSA. Account Owner understands and their service providers have agrees that the Custodian is not and will not provide providing any investment advice, investment recommendations or suggestions, direction, suitability recommendations, tax advice, advice to Account Owner or any Authorized Agent and that Custodian is not an investment adviser registered under the Investment Advisers Act of 1940. Account Owner also acknowledges that some of the mutual funds or other investment guidance options that are offered for purchase in the HSA may pay marketing and administrative services or other “revenue sharing” fees, including but not limited to the Depositor. Furtherso-called “12b-1” fees, the Custodian, underlying investment vehicles, and their service providers have no duty to question the investment directions provided by the Depositor or any issues relating to the management of the Custodial Account. The Depositor will indemnify and hold the Custodian harmless from and against all costs and expenses (including attorney's fees) incurred by the Custodian in connection with any litigation regarding the investments within an investment in such funds. No investment transaction for the Custodial Account where that is to be processed by the Custodian is named at the direction of the Account Owner or an Authorized Agent will be processed until the Custodian receives the Instruction in proper form. Investment transactions will be processed either as soon as administratively practicable thereafter or, if later, on the scheduled date for processing. The Custodian may rely conclusively on all Instructions given by the Account Owner or Authorized Agent which the Custodian believes to be genuine. The Custodian’s records of a necessary partytransaction will be conclusive as the content of any Instructions. Upon application by the Account Owner, on a form acceptable to the Custodian and upon approval by the Custodian, the Custodian will accept non-written Instructions from the Account Owner or Authorized Agent subject to immediate confirmation of such Instructions by email or in writing by the Authorized Agent. The Custodian will promptly execute have no responsibility to see that any investment instructions directions comply with the law and Regulations applicable to an HSA. However, if the Custodian receives any direction from the Account Owner or an Authorized Agent that appears to the Custodian in its sole judgment to be incomplete or unclear, the Custodian will not be required to act on such directions and may hold uninvested any asset without liability until proper directions are received from the Depositor if Account Owner or the instructions are in a form and manner acceptable to the CustodianAuthorized Agent. If the Custodian determines the instructions from the Depositor investment directions are unclear incomplete or incompleteunclear, the Custodian may request additional instructionswill notify the Account Owner or the Authorized Agent within a reasonable period of time. Until clear instructions are receivedIn the absence of proper investment directions, the Custodian reserves the right, in good faith, to leave the contribution uninvested, place the contribution in a holding account (e.g., a money market account), or return the contribution to the Depositor. The Custodian will not be liable for any investment losses due to such delays in receiving clear investment instructions. Further, the Depositor will indemnify and hold the Custodian harmless for any adverse consequences interest or market gains or losses incurred from the Custodian's actions or inactions relating to the investment directions received from the Depositor or Authorized Agent. The Custodian shall have no duty other than to follow the written investment directions of the Depositor, and shall be under no duty to question said instructions and shall not be liable for on any investment losses sustained by the Depositor. To the extent the Depositor has not directed other investments, the Custodian may maintain the cash as it may deem advisable or expedient (with no requirement to pay interest either on such cash balances or on cash on hand pending investment). All investment direction, investment management and investment advisory agreements provided by the IRA Depositor or beneficiary will continue until revoked by the IRA Depositor or beneficiary, even after the death of the IRA Depositor or beneficiary. The Custodian shall have no duty to bring any claim, suit or other action in connection with any investment maintained in the Custodial Account. Any nondeposit investment product that Account Owner purchases using funds in his or her HSA, including mutual funds, stocks, and bonds, is not FDIC-insured, is not a deposit or other obligation of the Custodian, is not guaranteed by FPS Trust or any of its affiliates, is not insured by any federal government agency, and is subject to investment risk, including the possible loss of the principal amount invested. Mutual Fund E-Consent: Account Owner consents to receive electronically the fact sheets, prospectuses, prospectus supplements, and shareholder reports for any of the available mutual funds in which Account Owner chooses to invest, and to read the prospectuses, including any supplements, and to agree to their terms before investing. Account Owner also consents to review trade confirmations online and in paper or electronic quarterly statements. The Depositor fact sheets, prospectuses, prospectus supplements, shareholder reports and account information, including trade confirmations, can be accessed through the HSA Administrator’s website in hypertext markup language (HTML) and/or Adobe Acrobat Portable Document Format (PDF). Account Owner may access a document in HTML with appropriate browser software, such as Microsoft Internet Explorer or equivalent. To access a document in PDF, Account Owner must have installed Adobe Acrobat Reader on his or her computer, which may be obtained free of charge at xxx.xxxxx.xxx. Account Owner acknowledges and agrees that he or she has communications access to indemnify the Internet and hold is able to access documents in HTML and PDF without additional hardware and software. Account Owner understands that these documents can be printed if Account Owner has access to a printer, using the Custodian harmless from button on the browser. Account Owner further understands that electronic delivery is provided free of charge, although other online service provider charges may apply, and against all costs that Account Owner may request paper copies of these documents by calling the HSA Administrator. Account Owner acknowledges and agrees that a prospectus has been made available to Account Owner electronically prior to and following the purchase of any available mutual funds. To the extent that Account Owner directs investment of his or her Account in mutual funds, balances invested in those mutual funds are subject to investment fees and other charges and expenses (including attorney’s as described by Rev. 10/2015 PAGE | 3 the applicable prospectuses. Some mutual funds may charge a redemption fee. Redemption fees) incurred by , if any, will be charged to the Custodian in connection with any litigation, claim or other action involving any investment assets held in the Custodial HSA. Account in which Owner cannot reimburse his or her HSA for redemption fees. For further information on redemption fees, please see the Custodian is named as a necessary party or at the request of the Depositor. The Depositor will not engage in transactions not permitted under the Agreement, including, but not limited to, investment in collectibles, except as otherwise permitted by section 408(m)(3), which provides an exception for certain gold, silver, and platinum coins, coins issued under the laws of any state, and certain bullion, or life insurance contracts, or engage in a prohibited transaction under Code section 4975mutual fund prospectus.

Investment Responsibilities. All The Account Owner will control and manage the investment decisions are the sole responsibility of the Depositor and Custodial Account except insofar as the Depositor is responsible for directing Account Owner delegates investment authority over part or all of the Custodial Account assets to one or more investment managers or other Authorized Agents. Account Owner grants to the Custodian in writingall powers reasonably necessary to carry out its investment and other duties under this Agreement, or other acceptable form and manner authorized by Account Owner agrees to furnish the Custodian, regarding how Custodian with such information and Instructions as may be necessary to carry out the provisions of this Agreement and to enable the Custodian to fulfill all amounts are to be investedlegal and regulatory reporting requirements. The Custodian will determine the investments investment options available within the Custodial Account. These investments will be permissible investments under the applicable laws and Regulations. The Custodian may change its investment options from time to time and the Depositor Account Owner may move his or her monies in the Custodial Account to different investments. Any investment changes within the Custodial Account are subject to the terms and conditions of the investments, including but not limited to minimum deposit requirements and early redemption penalties. The Custodian, underlying Account Owner acknowledges that a wide array of investment vehicles, options is made available for the investment of funds held in the HSA. Account Owner understands and their service providers have agrees that the Custodian is not and will not provide providing any investment advice, investment recommendations or suggestions, direction, suitability recommendations, tax advice, advice to Account Owner or any Authorized Agent and that Custodian is not an investment adviser registered under the Investment Advisers Act of 1940. Account Owner also acknowledges that some of the mutual funds or other investment guidance options that are offered for purchase in the HSA may pay marketing and administrative services or other “revenue sharing” fees, including but not limited to the Depositor. Furtherso-called “12b-1” fees, the Custodian, underlying investment vehicles, and their service providers have no duty to question the investment directions provided by the Depositor or any issues relating to the management of the Custodial Account. The Depositor will indemnify and hold the Custodian harmless from and against all costs and expenses (including attorney's fees) incurred by the Custodian in connection with any litigation regarding the investments within an investment in such funds. No investment transaction for the Custodial Account where that is to be processed by the Custodian is named at the direction of the Account Owner or an Authorized Agent will be processed until the Custodian receives the Instruction in proper form. Investment transactions will be processed either as soon as administratively practicable thereafter or, if later, on the scheduled date for processing. The Custodian may rely conclusively on all Instructions given by the Account Owner or Authorized Agent which the Custodian believes to be genuine. The Custodian’s records of a necessary partytransaction will be conclusive as the content of any Instructions. Upon application by the Account Owner, on a form acceptable to the Custodian and upon approval by the Custodian, the Custodian will accept non-written Instructions from the Account Owner or Authorized Agent subject to immediate confirmation of such Instructions by email or in writing by the Authorized Agent. The Custodian will promptly execute have no responsibility to see that any investment instructions directions comply with the law and Regulations applicable to an HSA. However, if the Custodian receives any direction from the Account Owner or an Authorized Agent that appears to the Custodian in its sole judgment to be incomplete or unclear, the Custodian will not be required to act on such directions and may hold uninvested any asset without liability until proper directions are received from the Depositor if Account Owner or the instructions are in a form and manner acceptable to the CustodianAuthorized Agent. If the Custodian determines the instructions from the Depositor investment directions are unclear incomplete or incompleteunclear, the Custodian may request additional instructionswill notify the Account Owner or the Authorized Agent within a reasonable period of time. Until clear instructions are receivedIn the absence of proper investment directions, the Custodian reserves the right, in good faith, to leave the contribution uninvested, place the contribution in a holding account (e.g., a money market account), or return the contribution to the Depositor. The Custodian will not be liable for any investment losses due to such delays in receiving clear investment instructions. Further, the Depositor will indemnify and hold the Custodian harmless for any adverse consequences interest or market gains or losses incurred from the Custodian's actions or inactions relating to the investment directions received from the Depositor or Authorized Agent. The Custodian shall have no duty other than to follow the written investment directions of the Depositor, and shall be under no duty to question said instructions and shall not be liable for on any investment losses sustained by the Depositor. To the extent the Depositor has not directed other investments, the Custodian may maintain the cash as it may deem advisable or expedient (with no requirement to pay interest either on such cash balances or on cash on hand pending investment). All investment direction, investment management and investment advisory agreements provided by the IRA Depositor or beneficiary will continue until revoked by the IRA Depositor or beneficiary, even after the death of the IRA Depositor or beneficiary. The Custodian shall have no duty to bring any claim, suit or other action in connection with any investment maintained in the Custodial Account. Any nondeposit investment product that Account Owner purchases using funds in his or her HSA, including mutual funds, stocks, and bonds, is not FDIC-insured, is not a deposit or other obligation of the Custodian, is not guaranteed by FPS Trust or any of its affiliates, is not insured by any federal government agency, and is subject to investment risk, including the possible loss of the principal amount invested. Mutual Fund E-Consent: Account Owner consents to receive electronically the fact sheets, prospectuses, prospectus supplements, and shareholder reports for any of the available mutual funds in which Account Owner chooses to invest, and to read the prospectuses, Rev. 08/2015 PAGE | 9 including any supplements, and to agree to their terms before investing. Account Owner also consents to review trade confirmations online and in paper or electronic quarterly statements. The Depositor fact sheets, prospectuses, prospectus supplements, shareholder reports and account information, including trade confirmations, can be accessed through the HSA Administrator’s website in hypertext markup language (HTML) and/or Adobe Acrobat Portable Document Format (PDF). Account Owner may access a document in HTML with appropriate browser software, such as Microsoft Internet Explorer or equivalent. To access a document in PDF, Account Owner must have installed Adobe Acrobat Reader on his or her computer, which may be obtained free of charge at xxx.xxxxx.xxx. Account Owner acknowledges and agrees that he or she has communications access to indemnify the Internet and hold is able to access documents in HTML and PDF without additional hardware and software. Account Owner understands that these documents can be printed if Account Owner has access to a printer, using the Custodian harmless from button on the browser. Account Owner further understands that electronic delivery is provided free of charge, although other online service provider charges may apply, and against all costs that Account Owner may request paper copies of these documents by calling the HSA Administrator. Account Owner acknowledges and agrees that a prospectus has been made available to Account Owner electronically prior to and following the purchase of any available mutual funds. To the extent that Account Owner directs investment of his or her Account in mutual funds, balances invested in those mutual funds are subject to investment fees and other charges and expenses (including attorney’s fees) incurred as described by the Custodian in connection with any litigationapplicable prospectuses. Some mutual funds may charge a redemption fee. Redemption fees, claim or other action involving any investment if any, will be charged to the assets held in the Custodial HSA. Account in which Owner cannot reimburse his or her HSA for redemption fees. For further information on redemption fees, please see the Custodian is named as a necessary party or at the request of the Depositor. The Depositor will not engage in transactions not permitted under the Agreement, including, but not limited to, investment in collectibles, except as otherwise permitted by section 408(m)(3), which provides an exception for certain gold, silver, and platinum coins, coins issued under the laws of any state, and certain bullion, or life insurance contracts, or engage in a prohibited transaction under Code section 4975mutual fund prospectus.

Investment Responsibilities. All The Account Owner will control and manage the investment decisions are the sole responsibility of the Depositor and Custodial Account except insofar as the Depositor is responsible for directing Account Owner delegates investment authority over part or all of the Custodial Account assets to one or more investment managers or other Authorized Agents. Account Owner grants to the Custodian in writingall powers reasonably necessary to carry out its investment and other duties under this Agreement, or other acceptable form and manner authorized by Account Owner agrees to furnish the Custodian, regarding how Custodian with such information and Instructions as may be necessary to carry out the provi- sions of this Agreement and to enable the Custodian to fulfill all amounts are to be investedlegal and regulatory reporting requirements. The Custodian will determine the investments investment options available within the Custodial Account. These investments will be permissible investments under the applicable laws and Regulations. The Custodian may change its investment options from time to time and the Depositor Account Owner may move his or her monies in the Custodial Account to different investments. Any investment changes within the Custodial Account are subject to the terms and conditions of the investments, including but not limited to minimum deposit requirements and early redemption penalties. Account Owner acknowledges that a wide array of investment options is made avail- able for the investment of funds held in the HSA. Account Owner understands and agrees that the Custodian is not providing any investment advice to Account Owner or any Authorized Agent and that Custodian is not an investment adviser registered under the Investment Advisers Act of 1940. Account Owner also acknowledges that some of the mutual funds or other investment options that are offered for purchase in the HSA may pay marketing and administrative services or other “revenue sharing” fees, including but not limited to so-called “12b-1” fees, to the Custodian in connec- tion with an investment in such funds. No investment transaction for the Custodial Account that is to be processed by the Custodian at the direction of the Account Owner or an Authorized Agent will be pro- cessed until the Custodian receives the Instruction in proper form. Investment trans- actions will be processed either as soon as administratively practicable thereafter or, if later, on the scheduled date for processing. The Custodian may rely conclusively on all Instructions given by the Account Owner or Authorized Agent which the Custo- dian believes to be genuine. The Custodian’s records of a transaction will be conclu- sive as the content of any Instructions. Upon application by the Account Owner, underlying investment vehicles, and their service providers have not and will not provide any investment advice, investment recommendations or suggestions, direction, suitability recommendations, tax advice, or any other investment guidance on a form acceptable to the Depositor. Further, Custodian and upon approval by the Custodian, underlying investment vehicles, and their service providers have no duty the Custodian will accept non-written Instructions from the Account Owner or Authorized Agent subject to question the investment directions provided immediate confirmation of such Instructions by email or in writing by the Depositor or any issues relating to the management of the Custodial Account. The Depositor will indemnify and hold the Custodian harmless from and against all costs and expenses (including attorney's fees) incurred by the Custodian in connection with any litigation regarding the investments within the Custodial Account where the Custodian is named as a necessary partyAuthorized Agent. The Custodian will promptly execute have no responsibility to see that any investment instructions directions com- ply with the law and Regulations applicable to an HSA. However, if the Custodian receives any direction from the Account Owner or an Authorized Agent that appears to the Custodian in its sole judgment to be incomplete or unclear, the Custodian will not be required to act on such directions and may hold uninvested any asset without liability until proper directions are received from the Depositor if Account Owner or the instructions are in a form and manner acceptable to the CustodianAuthorized Agent. If the Custodian determines the instructions from the Depositor investment directions are unclear incomplete or incompleteunclear, the Custodian may request additional instructionswill notify the Account Owner or the Authorized Agent within a reasonable period of time. Until clear instructions are receivedIn the absence of proper investment directions, the Custodian reserves the right, in good faith, to leave the contribution uninvested, place the contribution in a holding account (e.g., a money market account), or return the contribution to the Depositor. The Custodian will not be liable for any investment losses due to such delays in receiving clear investment instructions. Further, the Depositor will indemnify and hold the Custodian harmless for any adverse consequences interest or market gains or losses incurred from the Custodian's actions or inactions relating to the investment directions received from the Depositor or Authorized Agent. The Custodian shall have no duty other than to follow the written investment directions of the Depositor, and shall be under no duty to question said instructions and shall not be liable for on any investment losses sustained by the Depositor. To the extent the Depositor has not directed other investments, the Custodian may maintain the cash as it may deem advisable or expedient (with no requirement to pay interest either on such cash balances or on cash on hand pending investment). All investment direction, investment management and investment advisory agreements provided by the IRA Depositor or beneficiary will continue until revoked by the IRA Depositor or beneficiary, even after the death of the IRA Depositor or beneficiary. The Custodian shall have no duty to bring any claim, suit or other action in connection with any investment maintained in the Custodial Account. Any nondeposit investment product that Account Owner purchases using funds in his or her HSA, including mutual funds, stocks, and bonds, is not FDIC-insured, is not a deposit or other obligation of the Custodian,. is not guaranteed by FPS Trust or any of its affiliates, is not insured by any federal government agency, and is subject to investment risk, including the possible loss of the principal amount invested. Mutual Fund E-Consent: Account Owner consents to receive electronically the fact sheets, prospectuses, prospectus supplements, and shareholder reports for any of the available mutual funds in which Account Owner chooses to invest, and to read the prospectuses, including any supplements, and to agree to their terms before investing. Account Owner also consents to review trade confirmations online and in paper or electronic quarterly statements. The Depositor fact sheets, prospectuses, prospectus supplements, shareholder reports and account information, including trade confirmations, can be accessed through the HSA Administrator’s website in hypertext markup language (HTML) and/or Adobe Acrobat Portable Document Format (PDF). Account Owner may access a document in HTML with appropriate browser software, such as Microsoft Internet Explorer or equivalent. To access a document in PDF, Account Owner must have installed Adobe Acrobat Reader on his or her computer, which may be obtained free of charge at xxx.xxxxx.xxx. Account Owner acknowledges and agrees that he or she has communications access to indemnify the Internet and hold is able to access documents in HTML and PDF without additional hardware and software. Account Owner understands that these documents can be printed if Account Owner has access to a printer, using the Custodian harmless from button on the browser. Account Owner further understands that electronic delivery is provided free of charge, although other online service provider charges may apply, and against all costs that Account Owner may request paper copies of these documents by calling the HSA Administrator. Account Owner acknowledges and agrees that a prospectus has been made availa- ble to Account Owner electronically prior to and following the purchase of any availa- ble mutual funds. To the extent that Account Owner directs investment of his or her Account in mutual funds, balances invested in those mutual funds are subject to investment fees and other charges and expenses (including attorney’s fees) incurred as described by the Custodian in connection with any litigationapplicable prospectuses. Some mutual funds may charge a redemption fee. Redemption fees, claim or other action involving any investment if any, will be charged to the assets held in the Custodial HSA. Account in which Owner cannot reimburse his or her HSA for redemption fees. For further information on redemption fees, please see the Custodian is named as a necessary party or at the request of the Depositor. The Depositor will not engage in transactions not permitted under the Agreement, including, but not limited to, investment in collectibles, except as otherwise permitted by section 408(m)(3), which provides an exception for certain gold, silver, and platinum coins, coins issued under the laws of any state, and certain bullion, or life insurance contracts, or engage in a prohibited transaction under Code section 4975mutual fund prospectus.

Investment Responsibilities. All investment decisions are the sole responsibility of the Depositor and the Depositor is responsible for directing the Custodian in writing, or other acceptable form and manner authorized by the Custodian, regarding how all amounts are to be invested. The Custodian will determine the investments available within the Custodial Account. These investments will be permissible investments under the applicable laws and Regulations. The Custodian may change its investment options from time to time and the Depositor may move his or her monies in the Custodial Account to different investments. Any investment changes within the Custodial Account are subject to the terms and conditions of the investments, including but not limited to minimum deposit requirements and early redemption penalties. The Custodian, underlying investment vehicles, and their service providers have not and will not provide any investment advice, investment recommendations or suggestions, direction, suitability recommendations, tax advice, or any other investment guidance to the Depositor. Further, the Custodian, underlying investment vehicles, and their service providers have no duty to question the investment directions provided by the Depositor or any issues relating to the management of the Custodial Account. The Depositor will indemnify and hold the Custodian harmless from and against all costs and expenses (including attorney's fees) incurred by the oranyissuesrelatingtothemanagementoftheCustodialAccount.TheDepositorwillindemnifyandholdtheCustodianharmlessfromandagainstallcostsandexpenses(includingattorney’sfees)incurredbythe Custodian in connection with any litigation regarding the investments within the Custodial Account where the Custodian is named as a necessary party. The Custodian will promptly execute investment instructions received from the Depositor if the instructions are in a form and manner acceptable to the Custodian. If the Custodian determines the instructions from the Depositor are unclear or incomplete, the Custodian may request additional instructions. Until clear instructions are received, the Custodian reserves the right, in good faith, to leave the contribution uninvested, place the contribution in a holding account (e.g., a money market account), or return the contribution to the Depositor. The Custodian will not be liable for any investment losses due to such delays in receiving clear investment contributioninaholdingaccount(e.g.,amoneymarketaccount),orreturnthecontributiontotheDepositor.TheCustodianwillnotbeliableforanyinvestmentlossesdueto suchdelaysinreceivingclearinvestment instructions. .Further, the Depositor will indemnify and hold the Custodian harmless for any adverse consequences or losses incurred from the Custodian's actions or inactions relating to the investment directions ,theDepositorwillindemnifyandholdtheCustodianharmlessforanyadverseconsequencesorlossesincurredfromtheCustodian’sactionsor inactionsrelatingtotheinvestmentdirections received from the Depositor or Authorized Agent. The Custodian shall have no duty other than to follow the written investment directions of the Depositor, and shall be under no duty to question said instructions and shall not be liable for any investment losses sustained by the Depositor. To the extent the Depositor has not directed other investments, the Custodian may maintain the cash as it may deem advisable or expedient (with no requirement to pay interest either on such cash balances or on cash on hand pending investment). All investment direction, investment management and investment advisory agreements provided by the IRA Depositor or beneficiary will continue until revoked by the IRA Depositor or beneficiary, even after the death of the IRA Depositor or beneficiary. The Custodian shall have no duty to bring any claim, suit or other action in connection with any investment in the Custodial Account. The Depositor agrees to indemnify and hold the Custodian harmless from and against all costs and expenses (including attorney’s fees) incurred by the Custodian in withanyinvestmentintheCustodialAccount.TheDepositoragreesto indemnifyandholdtheCustodianharmlessfromandagainstallcostsandexpenses(includingattorney’sfees)incurredbytheCustodianin connection with any litigation, claim or other action involving any investment in the Custodial Account in which the Custodian is named as a necessary party or at the request of the Depositor. The Depositor will not engage in transactions not permitted under the Agreement, including, but not limited to, investment in collectibles, except as otherwise permitted by section 408(m)(3), which provides an exception for certain gold, silver, and platinum coins, coins issued under the laws of any state, and certain bullion, or life insurance contracts, or engage in a prohibited transaction under Code section 4975.

Investment Responsibilities. All investment decisions are the sole responsibility of the Depositor and the Depositor is responsible for directing the Custodian in writing, or other acceptable form and manner authorized by the Custodian, regarding how all amounts are to be invested. The Custodian will determine the investments available within the Custodial Account. These investments will be permissible investments under the applicable laws and Regulations. The Custodian may change its investment options from time to time and the Depositor may move his or her monies in the Custodial Account to different investments. Any investment changes within the Custodial Account are subject to the terms and conditions of the investments, including but not limited to minimum deposit requirements and early redemption penalties. The Custodian, underlying investment vehicles, and their service providers have not and will not provide any investment advice, investment recommendations or suggestions, direction, suitability recommendations, tax advice, or any other investment guidance to the Depositor. Further, the Custodian, underlying investment vehicles, and their service providers have no duty to question the investment directions provided by the Depositor or any issues relating to the management of the Custodial Account. The Depositor will indemnify and hold the Custodian harmless from and against all costs and expenses (including attorney's ’s fees) incurred by the Custodian in connection with any litigation regarding the investments within the Custodial Account where the Custodian is named as a necessary party. XXXXX VALUE FUND CUSTODIAL AGREEMENT & DISCLOSURE STATEMENT The Custodian will promptly execute investment instructions received from the Depositor if the instructions are in a form and manner acceptable to the Custodian. If the Custodian determines the instructions from the Depositor are unclear or incomplete, the Custodian may request additional instructions. Until clear instructions are received, the Custodian reserves the right, in good faith, to leave the contribution uninvested, place the contribution in a holding account (e.g., a money market account), or return the contribution to the Depositor. The Custodian will not be liable for any investment losses due to such delays in receiving clear investment instructions. Further, the Depositor will indemnify and hold the Custodian harmless for any adverse consequences or losses incurred from the Custodian's ’s actions or inactions relating to the investment directions received from the Depositor or Authorized Agent. The Custodian shall have no duty other than to follow the written investment directions of the Depositor, and shall be under no duty to question said instructions and shall not be liable for any investment losses sustained by the Depositor. To the extent the Depositor has not directed other investments, the Custodian may maintain the cash as it may deem advisable or expedient (with no requirement to pay interest either on such cash balances or on cash on hand pending investment). All investment direction, investment management and investment advisory agreements provided by the IRA Depositor or beneficiary will continue until revoked by the IRA Depositor or beneficiary, even after the death of the IRA Depositor or beneficiary. The Custodian shall have no duty to bring any claim, suit or other action in connection with any investment in the Custodial Account. The Depositor agrees to indemnify and hold the Custodian harmless from and against all costs and expenses (including attorney’s fees) incurred by the Custodian in connection with any litigation, claim or other action involving any investment in the Custodial Account in which the Custodian is named as a necessary party or at the request of the Depositor. Depositor The Depositor will not engage in transactions not permitted under the Agreement, including, but not limited to, investment in collectibles, except as otherwise permitted by section 408(m)(3), which provides an exception for certain gold, silver, and platinum coins, coins issued under the laws of any state, and certain bullion, or life insurance contracts, or engage in a prohibited transaction under Code section 4975.

Investment Responsibilities. All investment decisions are the sole responsibility of the Depositor and the Depositor is responsible for directing the Custodian in writing, or other acceptable form and manner authorized by the Custodian, regarding how all amounts are to be invested. The Custodian will determine the investments available within the Custodial Account. These investments will be permissible investments under the applicable laws and Regulations. The Custodian may change its investment options from time to time and the Depositor may move his or her monies in the Custodial Account to different investments. Any investment changes within the Custodial Account are subject to the terms and conditions of the investments, including but not limited to minimum deposit requirements and early redemption penalties. The Custodian, underlying investment vehicles, and their service providers have not and Custodian will not provide any investment advice, investment recommendations or suggestions, direction, suitability recommendations, tax advice, or any other investment guidance to the Depositorguidance. Further, the Custodian, underlying investment vehicles, and their service providers have Custodian has no duty to question the investment directions provided by the Depositor or any issues relating to the management of the Custodial Account. The Depositor will indemnify and hold the Custodian harmless from and against all costs and expenses (including attorney's fees) incurred by the Custodian in connection with any litigation regarding the investments within the Custodial Account where the Custodian is named as a necessary party. The Custodian will promptly execute investment instructions received from the Depositor if the instructions are in a form and manner acceptable to the Custodian. If the Custodian determines the instructions from the Depositor are unclear or incomplete, the Custodian may request additional instructions. Until clear instructions are received, the Custodian reserves the right, in good faith, to leave the contribution uninvested, place the contribution in a holding account (e.g., a money market account), or return the contribution to the Depositor. The Custodian will not be liable for any investment losses due to such delays in receiving clear investment instructions. Further, the Depositor will indemnify and hold the Custodian harmless for any adverse consequences or losses incurred from the Custodian's actions or inactions relating to the investment directions received from the Depositor or Authorized Agent. The Custodian shall have no duty other than to follow the written investment directions of the Depositor, and shall be under no duty to question said instructions and shall not be liable for any investment losses sustained by the Depositor. To the extent the Depositor has not directed other investments, the Custodian may maintain the cash as it may deem advisable or expedient (with no requirement to pay interest either on such cash balances or on cash on hand pending investment). All investment direction, investment management and investment advisory agreements provided by the IRA Depositor or beneficiary will continue until revoked by the IRA Depositor or beneficiary, even after the death of the IRA Depositor or beneficiary. The Custodian shall have no duty to bring any claim, suit or other action in connection with any investment in the Custodial Account. The Depositor agrees to indemnify and hold the Custodian harmless from and against all costs and expenses (including attorney’s fees) incurred by the Custodian in connection with any litigation, claim or other action involving any investment in the Custodial Account in which the Custodian is named as a necessary party or at the request of the Depositor. The Depositor will not engage in transactions not permitted under the Agreement, including, but not limited to, investment in collectibles, except as otherwise permitted by section 408(m)(3), which provides an exception for certain gold, silver, and platinum coins, coins issued under the laws of any state, and certain bullion, or life insurance contracts, or engage in a prohibited transaction under Code section 4975.

Investment Responsibilities. All investment decisions are the sole responsibility of the Depositor and the Depositor is responsible for directing the Custodian in writing, or other acceptable form and manner authorized by the Custodian, regarding how all amounts are to be invested. The Custodian will determine the investments available within the Custodial Account. These investments will be permissible investments under the applicable laws and Regulations. The Custodian may change its investment options from time to time and the Depositor may move his or her monies in the Custodial Account to different investments. Any investment changes within the Custodial Account are subject to the terms and conditions of the investments, including but not limited to minimum deposit requirements and early redemption penalties. The Custodian, underlying investment vehicles, and their service providers have not and Custodian will not provide any investment advice, investment recommendations or suggestions, direction, suitability recommendations, tax advice, or any other investment guidance to the Depositorguidance. Further, the Custodian, underlying investment vehicles, and their service providers have Custodian has no duty to question the investment directions provided by the Depositor or any issues relating to the management of the Custodial Account. The Depositor will indemnify and hold the Custodian harmless from and against all costs and expenses (including attorney's fees) incurred by the Custodian in connection with any litigation regarding the investments within the Custodial Account where the Custodian is named as a necessary party. The Custodian will promptly execute investment instructions received from the Depositor if the instructions are in a form and manner acceptable to the Custodian. If the Custodian determines the instructions from the Depositor are unclear or incomplete, the Custodian may request additional instructions. Until clear instructions are received, the Custodian reserves the right, in good faith, to leave the contribution uninvested, place the contribution in a holding account (e.g., a money market account), or return the contribution to the Depositor. The Custodian will not be liable for any investment losses due to such delays in receiving clear investment instructions. Further, the Depositor will indemnify and hold the Custodian harmless for any adverse consequences or losses incurred from the Custodian's actions or inactions relating to the investment directions received from the Depositor or Authorized Agent. The Custodian shall have no duty other than to follow the written investment directions of the Depositor, and shall be under no duty to question said instructions and shall not be liable for any investment losses sustained by the Depositor. To the extent the Depositor has not directed other investments, the Custodian may maintain the cash as it may deem advisable or expedient (with no requirement to pay interest either on such cash balances or on cash [on hand hand] [in its hands] pending investment). All investment direction, investment management and investment advisory agreements provided by the IRA XXX Depositor or beneficiary will continue until revoked by the IRA XXX Depositor or beneficiary, even after the death of the IRA XXX Depositor or beneficiary. The Custodian shall have no duty to bring any claim, suit or other action in connection with any investment in the Custodial Account. The Depositor agrees to indemnify and hold the Custodian harmless from and against all costs and expenses (including attorney’s fees) incurred by the Custodian in connection with any litigation, claim or other action involving any investment in the Custodial Account in which the Custodian is named as a necessary party or at the request of the Depositor. The Depositor will not engage in transactions not permitted under the Agreement, including, but not limited to, investment in collectibles, except as otherwise permitted by section 408(m)(3), which provides an exception for certain gold, silver, and platinum coins, coins issued under the laws of any state, and certain bullion, or life insurance contracts, or engage in a prohibited transaction under Code section 4975.