Common use of Notice and Sale by Trustee Clause in Contracts

Notice and Sale by Trustee. If at any time dividends, interest, principal or other payments, after declared and when due and payable, on any of the Securities shall not have been paid within thirty (30) days, the Trustee shall notify the Depositor thereof. If within thirty (30) days after such notification the Depositor has not given any instruction to sell or to hold or has not taken any other action in connection with such Securities, the Trustee may in its discretion sell such Securities forthwith, and the Trustee shall not be liable or responsible in any way for depreciation or loss incurred by reason of such sale.” 21. Section 3.10(d)(i) is replaced in its entirety with the following: (i) The Depositor may resign and be discharged hereunder, by executing an instrument in writing resigning as Depositor and filing the same with the Trustee, not less than sixty (60) days before the date specified in such instrument when such resignation is to take effect. Upon effective resignation hereunder, the resigning Depositor shall be discharged and shall no longer be liable in any manner hereunder except as to acts or omissions occurring prior to such resignation and any successor depositor appointed by the Trustee pursuant to Section 7.01(g) shall thereupon perform all duties and be entitled to all rights under this Indenture. The successor Depositor shall not be under any liability hereunder for occurrences or omissions prior to the execution of such instrument. Notice of such resignation and appointment of a successor depositor shall be delivered by the Trustee to each Unitholder then of record.” 22. The second sentence of Section 3.15 is replaced in its entirety with the following: “For Trusts in which the applicable Prospectus provides for daily accrual of the Creation and Development Fee, the Creation and Development Fee will accrue on a daily basis from the day after the conclusion of the initial offering period through the Trust’s Mandatory Termination Date. Such a Creation and Development Fee will accrue at a daily rate of the total fixed dollar Creation and Development Fee amount stated in the applicable Prospectus divided by the number of days from the day after the conclusion of the initial offering period through the Trust’s Mandatory Termination Date.” 23. The eighth sentence of Section 3.15 is deleted in its entirety. 24. The first sentence of the third paragraph of Section 6.02(d) is replaced in its entirety with the following:

Notice and Sale by Trustee. If at any time dividends, interest, principal or other payments, after declared and when due and payable, on any of the Securities shall not have been paid within thirty (30) days, the Trustee shall notify the Depositor thereof. If within thirty (30) days after such notification the Depositor has not given any instruction to sell or to hold or has not taken any other action in connection with such Securities, the Trustee may in its discretion sell such Securities forthwith, and the Trustee shall not be liable or responsible in any way for depreciation or loss incurred by reason of such sale.” 2117. Section 3.10(d)(i) is replaced in its entirety with the following: (i) The Depositor may resign and be discharged hereunder, by executing an instrument in writing resigning as Depositor and filing the same with the Trustee, not less than sixty (60) days before the date specified in such instrument when such resignation is to take effect. Upon effective resignation hereunder, the resigning Depositor shall be discharged and shall no longer be liable in any manner hereunder except as to acts or omissions occurring prior to such resignation and any successor depositor appointed by the Trustee pursuant to Section 7.01(g) shall thereupon perform all duties and be entitled to all rights under this Indenture. The successor Depositor shall not be under any liability hereunder for occurrences or omissions prior to the execution of such instrument. Notice of such resignation and appointment of a successor depositor shall be delivered by the Trustee to each Unitholder then of record.” 18. Section 3.13 is hereby deleted in its entirety. 19. The Supervisor’s annual compensation as set forth under Section 4.03 for a Trust shall be that dollar amount per 100 Units set forth under “Estimated Annual Operating Expenses—Supervisor Fee” in the “Fee Table” for the Trust in the Prospectus. 20. Section 6.02(d) is amended by adding the following to the end of the Section: “Notwithstanding anything to the contrary herein, if the Trustee sells, redeems or otherwise liquidates Fund Shares pursuant to this Section 6.02 to satisfy Unit redemptions, the Trustee shall do so, as nearly as practicable, on a pro rata basis among all Securities held by a Trust. Notwithstanding anything to the contrary herein, if a Trust is a Grantor Trust and the Trustee sells, redeems or otherwise liquidates Securities pursuant to this Section 6.02 to satisfy Unit redemptions, the Trustee shall do so, as nearly as practicable, on a pro rata basis among all Securities held by the Trust.” 21. The Trustee’s annual compensation as set forth under Section 7.04 for a Trust shall be the dollar amount per 100 Units set forth under “Estimated Annual Operating Expenses—Trustee Fee” in the “Fee Table” for the Trust in the Prospectus. 22. The second sentence third paragraph of Section 3.15 7.04 is replaced in its entirety with the following: “For Trusts in which Notwithstanding anything to the applicable Prospectus provides for daily accrual of contrary herein, if the Creation and Development FeeTrustee sells or otherwise liquidates Fund Shares pursuant to this Section 7.04, the Creation and Development Fee will accrue Trustee shall do so, as nearly as practicable, on a daily pro rata basis from the day after the conclusion of the initial offering period through the among all Securities held by a Trust’s Mandatory Termination Date. Such a Creation and Development Fee will accrue at a daily rate of the total fixed dollar Creation and Development Fee amount stated in the applicable Prospectus divided by the number of days from the day after the conclusion of the initial offering period through the Trust’s Mandatory Termination Date.” 23. The eighth sentence of Section 3.15 is deleted in its entirety. 24. The first sentence of the third second paragraph of Section 6.02(d) 9.02 is replaced in its entirety with amended by adding the followingfollowing to the end of the Section:

Notice and Sale by Trustee. If at any time dividends, interest, principal or other payments, after declared and when due and payable, on any of the Securities shall not have been paid within thirty (30) days, the Trustee shall notify the Depositor thereof. If within thirty (30) days after such notification the Depositor has not given any instruction to sell or to hold or has not taken any other action in connection with such Securities, the Trustee may in its discretion sell such Securities forthwith, and the Trustee shall not be liable or responsible in any way for depreciation or loss incurred by reason of such sale.” 2118. Section 3.10(d)(i) is replaced in its entirety with the following: (i) The Depositor may resign and be discharged hereunder, by executing an instrument in writing resigning as Depositor and filing the same with the Trustee, not less than sixty (60) days before the date specified in such instrument when such resignation is to take effect. Upon effective resignation hereunder, the resigning Depositor shall be discharged and shall no longer be liable in any manner hereunder except as to acts or omissions occurring prior to such resignation and any successor depositor appointed by the Trustee pursuant to Section 7.01(g) shall thereupon perform all duties and be entitled to all rights under this Indenture. The successor Depositor shall not be under any liability hereunder for occurrences or omissions prior to the execution of such instrument. Notice of such resignation and appointment of a successor depositor shall be delivered by the Trustee to each Unitholder then of record.” 22. The second sentence of Section 3.15 is replaced in its entirety with the following: “For Trusts in which the applicable Prospectus provides for daily accrual of the Creation and Development Fee, the Creation and Development Fee will accrue on a daily basis from the day after the conclusion of the initial offering period through the Trust’s Mandatory Termination Date. Such a Creation and Development Fee will accrue at a daily rate of the total fixed dollar Creation and Development Fee amount stated in the applicable Prospectus divided by the number of days from the day after the conclusion of the initial offering period through the Trust’s Mandatory Termination Date.” 23. The eighth sentence of Section 3.15 is deleted in its entirety. 24. The first sentence of the third paragraph of Section 6.02(d) is replaced in its entirety with the following:

Notice and Sale by Trustee. If at any time dividends, interest, principal or other payments, after declared and when due and payable, on any of the Securities shall not have been paid within thirty (30) days, the Trustee shall notify the Depositor thereof. If within thirty (30) days after such notification the Depositor has not given any instruction to sell or to hold or has not taken any other action in connection with such Securities, the Trustee may in its discretion sell such Securities forthwith, and the Trustee shall not be liable or responsible in any way for depreciation or loss incurred by reason of such sale.” 2119. Section 3.10(d)(i) is replaced in its entirety with the following: (i) The Depositor may resign and be discharged hereunder, by executing an instrument in writing resigning as Depositor and filing the same with the Trustee, not less than sixty (60) days before the date specified in such instrument when such resignation is to take effect. Upon effective resignation hereunder, the resigning Depositor shall be discharged and shall no longer be liable in any manner hereunder except as to acts or omissions occurring prior to such resignation and any successor depositor appointed by the Trustee pursuant to Section 7.01(g) shall thereupon perform all duties and be entitled to all rights under this Indenture. The successor Depositor shall not be under any liability hereunder for occurrences or omissions prior to the execution of such instrument. Notice of such resignation and appointment of a successor depositor shall be delivered by the Trustee to each Unitholder then of record.” 22. The second sentence of Section 3.15 is replaced in its entirety with the following: “For Trusts in which the applicable Prospectus provides for daily accrual of the Creation and Development Fee, the Creation and Development Fee will accrue on a daily basis from the day after the conclusion of the initial offering period through the Trust’s Mandatory Termination Date. Such a Creation and Development Fee will accrue at a daily rate of the total fixed dollar Creation and Development Fee amount stated in the applicable Prospectus divided by the number of days from the day after the conclusion of the initial offering period through the Trust’s Mandatory Termination Date.” 23. The eighth sentence of Section 3.15 is deleted in its entirety. 2420. The first sentence of the third paragraph of Section 6.02(d) is replaced in its entirety with the following:

Notice and Sale by Trustee. If at any time dividends, interest, principal or other payments, after declared and when due and payable, on any of the Securities shall not have been paid within thirty (30) days, the Trustee shall notify the Depositor thereof. If within thirty (30) days after such notification the Depositor has not given any instruction to sell or to hold or has not taken any other action in connection with such Securities, the Trustee may in its discretion sell such Securities forthwith, and the Trustee shall not be liable or responsible in any way for depreciation or loss incurred by reason of such sale.” 2117. Section 3.10(d)(i) is replaced in its entirety with the following: (i) The Depositor may resign and be discharged hereunder, by executing an instrument in writing resigning as Depositor and filing the same with the Trustee, not less than sixty (60) days before the date specified in such instrument when such resignation is to take effect. Upon effective resignation hereunder, the resigning Depositor shall be discharged and shall no longer be liable in any manner hereunder except as to acts or omissions occurring prior to such resignation and any successor depositor appointed by the Trustee pursuant to Section 7.01(g) shall thereupon perform all duties and be entitled to all rights under this Indenture. The successor Depositor shall not be under any liability hereunder for occurrences or omissions prior to the execution of such instrument. Notice of such resignation and appointment of a successor depositor shall be delivered by the Trustee to each Unitholder then of record.” 22. The second sentence of Section 3.15 is replaced in its entirety with the following: “For Trusts in which the applicable Prospectus provides for daily accrual of the Creation and Development Fee, the Creation and Development Fee will accrue on a daily basis from the day after the conclusion of the initial offering period through the Trust’s Mandatory Termination Date. Such a Creation and Development Fee will accrue at a daily rate of the total fixed dollar Creation and Development Fee amount stated in the applicable Prospectus divided by the number of days from the day after the conclusion of the initial offering period through the Trust’s Mandatory Termination Date.” 23. The eighth sentence of Section 3.15 is deleted in its entirety. 24. The first sentence of the third paragraph of Section 6.02(d) is replaced in its entirety with the following:

Notice and Sale by Trustee. If at any time dividends, interest, principal or other payments, after declared and when due and payable, on any of the Securities shall not have been paid within thirty (30) days, the Trustee shall notify the Depositor thereof. If within thirty (30) days after such notification the Depositor has not given any instruction to sell or to hold or has not taken any other action in connection with such Securities, the Trustee may in its discretion sell such Securities forthwith, and the Trustee shall not be liable or responsible in any way for depreciation or loss incurred by reason of such sale.” 2117. Section 3.10(d)(i) is replaced in its entirety with the following: (i) The Depositor may resign and be discharged hereunder, by executing an instrument in writing resigning as Depositor and filing the same with the Trustee, not less than sixty (60) days before the date specified in such instrument when such resignation is to take effect. Upon effective resignation hereunder, the resigning Depositor shall be discharged and shall no longer be liable in any manner hereunder except as to acts or omissions occurring prior to such resignation and any successor depositor appointed by the Trustee pursuant to Section 7.01(g) shall thereupon perform all duties and be entitled to all rights under this Indenture. The successor Depositor shall not be under any liability hereunder for occurrences or omissions prior to the execution of such instrument. Notice of such resignation and appointment of a successor depositor shall be delivered by the Trustee to each Unitholder then of record.” 18. Section 3.13 is hereby deleted in its entirety. 19. The Supervisor’s annual compensation as set forth under Section 4.03 for a Trust shall be that dollar amount per 100 Units set forth under “Estimated Annual Operating Expenses—Supervisor Fee” in the “Fee Table” for the Trust in the Prospectus. 20. Section 6.02(d) is amended by adding the following to the end of the Section: “Notwithstanding anything to the contrary herein, if the Trustee sells, redeems or otherwise liquidates Fund Shares pursuant to this Section 6.02 to satisfy Unit redemptions, the Trustee shall do so, as nearly as practicable, on a pro rata basis among all Securities held by a Trust. Notwithstanding anything to the contrary herein, if a Trust is a Grantor Trust and the Trustee sells, redeems or otherwise liquidates Securities pursuant to this Section 6.02 to satisfy Unit redemptions, the Trustee shall do so, as nearly as practicable, on a pro rata basis among all Securities held by the Trust.” 21. The Trustee’s annual compensation as set forth under Section 7.04 for a Trust shall be the dollar amount per 100 Units set forth under “Estimated Annual Operating Expenses—Trustee Fee” in the “Fee Table” for the Trust in the Prospectus. 22. The second sentence third paragraph of Section 3.15 7.04 is replaced in its entirety with the following: “For Trusts in which Notwithstanding anything to the applicable Prospectus provides for daily accrual of contrary herein, if the Creation and Development FeeTrustee sells or otherwise liquidates Fund Shares pursuant to this Section 7.04, the Creation and Development Fee will accrue Trustee shall do so, as nearly as practicable, on a daily pro rata basis from the day after the conclusion of the initial offering period through the among all Securities held by a Trust’s Mandatory Termination Date. Such a Creation and Development Fee will accrue at a daily rate of the total fixed dollar Creation and Development Fee amount stated in the applicable Prospectus divided by the number of days from the day after the conclusion of the initial offering period through the Trust’s Mandatory Termination Date.” 23. The eighth sentence of Section 3.15 is deleted in its entirety. 24. The first sentence of the third second paragraph of Section 6.02(d) 9.02 is replaced amended by adding the following to the end of the Section: “Notwithstanding anything to the contrary herein, no Unitholder of a Grantor Trust may elect to receive an In Kind Distribution in its entirety connection with the following:termination of such Trust within thirty (30) days of the termination of such Trust.”

Notice and Sale by Trustee. If at any time dividends, interest, principal or other payments, after declared and when due and payable, on any of the Securities shall not have been paid within thirty (30) days, the Trustee shall notify the Depositor thereof. If within thirty (30) days after such notification the Depositor has not given any instruction to sell or to hold or has not taken any other action in connection with such Securities, the Trustee may in its discretion sell such Securities forthwith, and the Trustee shall not be liable or responsible in any way for depreciation or loss incurred by reason of such sale.” 21. Section 3.10(d)(i) is replaced in its entirety with the following: (i) The Depositor may resign and be discharged hereunder, by executing an instrument in writing resigning as Depositor and filing the same with the Trustee, not less than sixty (60) days before the date specified in such instrument when such resignation is to take effect. Upon effective resignation hereunder, the resigning Depositor shall be discharged and shall no longer be liable in any manner hereunder except as to acts or omissions occurring prior to such resignation and any successor depositor appointed by the Trustee pursuant to Section 7.01(g) shall thereupon perform all duties and be entitled to all rights under this Indenture. The successor Depositor shall not be under any liability hereunder for occurrences or omissions prior to the execution of such instrument. Notice of such resignation and appointment of a successor depositor shall be delivered by the Trustee to each Unitholder then of record.” 22. The second sentence of Section 3.15 is replaced in its entirety with the following: “For Trusts in which the applicable Prospectus provides for daily accrual of the Creation and Development Fee, the Creation and Development Fee will accrue on a daily basis from the day after the conclusion of the initial offering period through the Trust’s Mandatory Termination Date. Such a Creation and Development Fee will accrue at a daily rate of the total fixed dollar Creation and Development Fee amount stated in the applicable Prospectus divided by the number of days from the day after the conclusion of the initial offering period through the Trust’s Mandatory Termination Date.” 23. The eighth sentence of Section 3.15 is deleted in its entirety. 24. The first sentence of the third paragraph of Section 6.02(d) is replaced in its entirety with the following:

Notice and Sale by Trustee. If at any time dividends, interest, principal or other payments, after declared and when due and payable, on any of the Securities shall not have been paid within thirty (30) days, the Trustee shall notify the Depositor thereof. If within thirty (30) days after such notification the Depositor has not given any instruction to sell or to hold or has not taken any other action in connection with such Securities, the Trustee may in its discretion sell such Securities forthwith, and the Trustee shall not be liable or responsible in any way for depreciation or loss incurred by reason of such sale.” 2119. Section 3.10(d)(i) is replaced in its entirety with the following: (i) The Depositor may resign and be discharged hereunder, by executing an instrument in writing resigning as Depositor Dxxxxxxxx and filing the same with the Trustee, not less than sixty (60) days before the date specified in such instrument when such resignation is to take effect. Upon effective resignation hereunder, the resigning Depositor shall be discharged and shall no longer be liable in any manner hereunder except as to acts or omissions occurring prior to such resignation and any successor depositor appointed by the Trustee pursuant to Section 7.01(g) shall thereupon perform all duties and be entitled to all rights under this Indenture. The successor Depositor shall not be under any liability hereunder for occurrences or omissions prior to the execution of such instrument. Notice of such resignation and appointment of a successor depositor shall be delivered by the Trustee to each Unitholder then of record.” 20. Section 3.13 is hereby deleted in its entirety. 21. The Supervisor’s annual compensation as set forth under Section 4.03 for a Trust shall be that dollar amount per 100 Units set forth under “Estimated Annual Operating Expenses—Supervisor Fee” in the “Fee Table” for the Trust in the Prospectus. 22. Section 6.02(d) is amended by adding the following to the end of the Section: “Notwithstanding anything to the contrary herein, if the Trustee sells, redeems or otherwise liquidates Fund Shares pursuant to this Section 6.02 to satisfy Unit redemptions, the Trustee shall do so, as nearly as practicable, on a pro rata basis among all Securities held by a Trust. Notwithstanding anything to the contrary herein, if a Trust is a Grantor Trust and the Trustee sells, redeems or otherwise liquidates Securities pursuant to this Section 6.02 to satisfy Unit redemptions, the Trustee shall do so, as nearly as practicable, on a pro rata basis among all Securities held by the Trust.” 23. The second sentence Trustee’s annual compensation as set forth under Section 7.04 for a Trust shall be the dollar amount per 100 Units set forth under “Estimated Annual Operating Expenses—Trustee Fee” in the “Fee Table” for the Trust in the Prospectus. 24. The third paragraph of Section 3.15 7.04 is replaced in its entirety with the following: “For Trusts in which Notwithstanding anything to the applicable Prospectus provides for daily accrual of contrary herein, if the Creation and Development FeeTrustee sells or otherwise liquidates Fund Shares pursuant to this Section 7.04, the Creation and Development Fee will accrue Trustee shall do so, as nearly as practicable, on a daily pro rata basis from the day after the conclusion of the initial offering period through the among all Securities held by a Trust’s Mandatory Termination Date. Such a Creation and Development Fee will accrue at a daily rate of the total fixed dollar Creation and Development Fee amount stated in the applicable Prospectus divided by the number of days from the day after the conclusion of the initial offering period through the Trust’s Mandatory Termination Date.” 2325. The eighth sentence of Section 3.15 is deleted in its entirety. 24. The first sentence of the third second paragraph of Section 6.02(d) 9.02 is replaced in its entirety with amended by adding the followingfollowing to the end of the Section:

Notice and Sale by Trustee. If at any time dividends, interest, principal or other payments, after declared and when due and payable, payable on any of the Securities shall not have been paid within thirty (30) days, the Trustee shall notify the Depositor thereof. If within thirty (30) days after such notification the Depositor has not given any instruction to sell or to hold or has not taken any other action in connection with such Securities, the Trustee may in its discretion sell such Securities forthwith, and the Trustee shall not be liable or responsible in any way for depreciation or loss incurred by reason of such sale.” 2127. Section 3.10(d)(i) of the Standard Terms and Conditions of Trust is replaced in its entirety with the following: (i) The Depositor may resign and be discharged hereunder, by executing an instrument in writing resigning as Depositor and filing the same with the Trustee, not less than sixty (60) days before the date specified in such instrument when such resignation is to take effect. Upon effective resignation hereunder, the resigning Depositor shall be discharged and shall no longer be liable in any manner hereunder except as to acts or omissions occurring prior to such resignation and any successor depositor appointed by the Trustee pursuant to Section 7.01(g) shall thereupon perform all duties and be entitled to all rights under this Indenture. The successor Depositor shall not be under any liability hereunder for occurrences or omissions prior to the execution of such instrument. Notice of such resignation and appointment of a successor depositor shall be delivered by the Trustee to each Unitholder then of record.” 2228. The second sentence first paragraph of Section 3.15 is 3.11 of the Standard Terms and Conditions of Trust shall be replaced in its entirety with the following: “For Trusts in which In the applicable Prospectus provides for daily accrual event that the Trustee shall have been notified at any time of any action to be taken or proposed to be taken by holders of the Creation and Development FeeSecurities (including but not limited to the making of any demand, direction, request, giving of any notice, consent or waiver or the voting with respect to any matter relating to the Securities), the Creation Trustee shall promptly notify the Depositor and Development Fee will accrue on a daily basis shall thereupon take such action or refrain from taking any action as the day after Depositor shall in writing direct which includes electronic communication; provided, however, that if the conclusion Depositor shall not within five (5) Business Days of the initial offering period through giving of such notice to the Depositor direct the Trustee to take or refrain from taking any action, the Trustee shall take such action or refrain from taking any action, (i) so as to insure that the Equity Securities are voted as closely as possible in the same manner and the same general proportion, with respect to all issues, as are shares of such Equity Securities that are held by owners other than the Trust and (ii) as it, in its sole discretion, shall deem advisable with respect to the Bonds. Notwithstanding the foregoing, in the event that the Trustee shall have been notified at any time of any action to be taken or proposed to be taken by holders of Fund Shares (including but not limited to the making of any demand, direction, request, giving of any notice, consent or waiver or the voting with respect to any matter relating to the Equity Securities), the Trustee shall promptly notify the Depositor and shall thereupon take such reasonable action or refrain from taking any action with respect to the Fund Shares so that the Fund Shares are voted as closely as possible in the same manner and the same general proportion, with respect to all issues, as are shares of such Fund Shares that are held by owners other than the Trust’s Mandatory Termination Date. Such a Creation and Development Fee will accrue at a daily rate of the total fixed dollar Creation and Development Fee amount stated in the applicable Prospectus divided by the number of days from the day after the conclusion of the initial offering period through the Trust’s Mandatory Termination Date.” 2329. The eighth sentence Standard Terms and Conditions of Section 3.15 is deleted in its entirety. 24. The first sentence of Trust shall be amended to include the third paragraph of Section 6.02(d) is replaced in its entirety with the followingfollowing sections:

Notice and Sale by Trustee. If at any time dividends, interest, principal or other payments, after declared and when due and payable, on any of the Securities shall not have been paid within thirty (30) days, the Trustee shall notify the Depositor thereof. If within thirty (30) days after such notification the Depositor has not given any instruction to sell or to hold or has not taken any other action in connection with such Securities, the Trustee may in its discretion sell such Securities forthwith, and the Trustee shall not be liable or responsible in any way for depreciation or loss incurred by reason of such sale.” 2119. Section 3.10(d)(i) is replaced in its entirety with the following: (i) The Depositor may resign and be discharged hereunder, by executing an instrument in writing resigning as Depositor and filing the same with the Trustee, not less than sixty (60) days before the date specified in such instrument when such resignation is to take effect. Upon effective resignation hereunder, the resigning Depositor shall be discharged and shall no longer be liable in any manner hereunder except as to acts or omissions occurring prior to such resignation and any successor depositor appointed by the Trustee pursuant to Section 7.01(g) shall thereupon perform all duties and be entitled to all rights under this Indenture. The successor Depositor shall not be under any liability hereunder for occurrences or omissions prior to the execution of such instrument. Notice of such resignation and appointment of a successor depositor shall be delivered by the Trustee to each Unitholder then of record.” 20. Section 3.13 is hereby deleted in its entirety. 21. The Supervisor’s annual compensation as set forth under Section 4.03 for a Trust shall be that dollar amount per 100 Units set forth under “Estimated Annual Operating Expenses—Supervisor Fee” in the “Fee Table” for the Trust in the Prospectus. 22. Section 6.02(d) is amended by adding the following to the end of the Section: “Notwithstanding anything to the contrary herein, if the Trustee sells, redeems or otherwise liquidates Fund Shares pursuant to this Section 6.02 to satisfy Unit redemptions, the Trustee shall do so, as nearly as practicable, on a pro rata basis among all Securities held by a Trust. Notwithstanding anything to the contrary herein, if a Trust is a Grantor Trust and the Trustee sells, redeems or otherwise liquidates Securities pursuant to this Section 6.02 to satisfy Unit redemptions, the Trustee shall do so, as nearly as practicable, on a pro rata basis among all Securities held by the Trust.” 23. The second sentence Trustee’s annual compensation as set forth under Section 7.04 for a Trust shall be the dollar amount per 100 Units set forth under “Estimated Annual Operating Expenses—Trustee Fee” in the “Fee Table” for the Trust in the Prospectus. 24. The third paragraph of Section 3.15 7.04 is replaced in its entirety with the following: “For Trusts in which Notwithstanding anything to the applicable Prospectus provides for daily accrual of contrary herein, if the Creation and Development FeeTrustee sells or otherwise liquidates Fund Shares pursuant to this Section 7.04, the Creation and Development Fee will accrue Trustee shall do so, as nearly as practicable, on a daily pro rata basis from the day after the conclusion of the initial offering period through the among all Securities held by a Trust’s Mandatory Termination Date. Such a Creation and Development Fee will accrue at a daily rate of the total fixed dollar Creation and Development Fee amount stated in the applicable Prospectus divided by the number of days from the day after the conclusion of the initial offering period through the Trust’s Mandatory Termination Date.” 2325. The eighth sentence of Section 3.15 is deleted in its entirety. 24. The first sentence of the third second paragraph of Section 6.02(d) 9.02 is replaced in its entirety with amended by adding the followingfollowing to the end of the Section:

Notice and Sale by Trustee. If at any time dividends, interest, principal or other payments, after declared and when due and payable, on any of the Securities shall not have been paid within thirty (30) days, the Trustee shall notify the Depositor thereof. If within thirty (30) days after such notification the Depositor has not given any instruction to sell or to hold or has not taken any other action in connection with such Securities, the Trustee may in its discretion sell such Securities forthwith, and the Trustee shall not be liable or responsible in any way for depreciation or loss incurred by reason of such sale.” 2119. Section 3.10(d)(i) is replaced in its entirety with the following: (i) The Depositor may resign and be discharged hereunder, by executing an instrument in writing resigning as Depositor and filing the same with the Trustee, not less than sixty (60) days before the date specified in such instrument when such resignation is to take effect. Upon effective resignation hereunder, the resigning Depositor shall be discharged and shall no longer be liable in any manner hereunder except as to acts or omissions occurring prior to such resignation and any successor depositor appointed by the Trustee pursuant to Section 7.01(g) shall thereupon perform all duties and be entitled to all rights under this Indenture. The successor Depositor shall not be under any liability hereunder for occurrences or omissions prior to the execution of such instrument. Notice of such resignation and appointment of a successor depositor shall be delivered by the Trustee to each Unitholder then of record.” 2220. The second sentence of Section 3.15 is replaced in its entirety with the following: “For Trusts in which the applicable Prospectus provides for daily accrual of the Creation and Development Fee, the Creation and Development Fee will accrue on a daily basis from the day after the conclusion of the initial offering period through the Trust’s Mandatory Termination Date. Such a Creation and Development Fee will accrue at a daily rate of the total fixed dollar Creation and Development Fee amount stated in the applicable Prospectus divided by the number of days from the day after the conclusion of the initial offering period through the Trust’s Mandatory Termination Date.” 2321. The eighth sentence of Section 3.15 is deleted in its entirety. 2422. The first sentence of the third paragraph of Section 6.02(d) is replaced in its entirety with the following:

Notice and Sale by Trustee. If at any time dividends, interest, principal or other payments, after declared and when due and payable, on any of the Securities shall not have been paid within thirty (30) days, the Trustee shall notify the Depositor thereof. If within thirty (30) days after such notification the Depositor has not given any instruction to sell or to hold or has not taken any other action in connection with such Securities, the Trustee may in its discretion sell such Securities forthwith, and the Trustee shall not be liable or responsible in any way for depreciation or loss incurred by reason of such sale.”" 2117. Section 3.10(d)(i) is replaced in its entirety with the following: (i) The Depositor may resign and be discharged hereunder, by executing an instrument in writing resigning as Depositor and filing the same with the Trustee, not less than sixty (60) days before the date specified in such instrument when such resignation is to take effect. Upon effective resignation hereunder, the resigning Depositor shall be discharged and shall no longer be liable in any manner hereunder except as to acts or omissions occurring prior to such resignation and any successor depositor appointed by the Trustee pursuant to Section 7.01(g) shall thereupon perform all duties and be entitled to all rights under this Indenture. The successor Depositor shall not be under any liability hereunder for occurrences or omissions prior to the execution of such instrument. Notice of such resignation and appointment of a successor depositor shall be delivered by the Trustee to each Unitholder then of record.” 22. The second sentence of Section 3.15 is replaced in its entirety with the following: “For Trusts in which the applicable Prospectus provides for daily accrual of the Creation and Development Fee, the Creation and Development Fee will accrue on a daily basis from the day after the conclusion of the initial offering period through the Trust’s Mandatory Termination Date. Such a Creation and Development Fee will accrue at a daily rate of the total fixed dollar Creation and Development Fee amount stated in the applicable Prospectus divided by the number of days from the day after the conclusion of the initial offering period through the Trust’s Mandatory Termination Date.” 23. The eighth sentence of Section 3.15 is deleted in its entirety. 24. The first sentence of the third paragraph of Section 6.02(d) is replaced in its entirety with the following:"

Notice and Sale by Trustee. If at any time dividends, interest, principal or other payments, after declared and when due and payable, on any of the Securities shall not have been paid within thirty (30) days, the Trustee shall notify the Depositor thereof. If within thirty (30) days after such notification the Depositor has not given any instruction to sell or to hold or has not taken any other action in connection with such Securities, the Trustee may in its discretion sell such Securities forthwith, and the Trustee shall not be liable or responsible in any way for depreciation or loss incurred by reason of such sale.” 2119. Section 3.10(d)(i) is replaced in its entirety with the following: (i) The Depositor may resign and be discharged hereunder, by executing an instrument in writing resigning as Depositor Xxxxxxxxx and filing the same with the Trustee, not less than sixty (60) days before the date specified in such instrument when such resignation is to take effect. Upon effective resignation hereunder, the resigning Depositor shall be discharged and shall no longer be liable in any manner hereunder except as to acts or omissions occurring prior to such resignation and any successor depositor appointed by the Trustee pursuant to Section 7.01(g) shall thereupon perform all duties and be entitled to all rights under this Indenture. The successor Depositor shall not be under any liability hereunder for occurrences or omissions prior to the execution of such instrument. Notice of such resignation and appointment of a successor depositor shall be delivered by the Trustee to each Unitholder then of record.” 20. Section 3.13 is hereby deleted in its entirety. 21. The Supervisor’s annual compensation as set forth under Section 4.03 for a Trust shall be that dollar amount per 100 Units set forth under “Estimated Annual Operating Expenses—Supervisor Fee” in the “Fee Table” for the Trust in the Prospectus. 22. Section 6.02(d) is amended by adding the following to the end of the Section: “Notwithstanding anything to the contrary herein, if the Trustee sells, redeems or otherwise liquidates Fund Shares pursuant to this Section 6.02 to satisfy Unit redemptions, the Trustee shall do so, as nearly as practicable, on a pro rata basis among all Securities held by a Trust. Notwithstanding anything to the contrary herein, if a Trust is a Grantor Trust and the Trustee sells, redeems or otherwise liquidates Securities pursuant to this Section 6.02 to satisfy Unit redemptions, the Trustee shall do so, as nearly as practicable, on a pro rata basis among all Securities held by the Trust.” 23. The second sentence Trustee’s annual compensation as set forth under Section 7.04 for a Trust shall be the dollar amount per 100 Units set forth under “Estimated Annual Operating Expenses—Trustee Fee” in the “Fee Table” for the Trust in the Prospectus. 24. The third paragraph of Section 3.15 7.04 is replaced in its entirety with the following: “For Trusts in which Notwithstanding anything to the applicable Prospectus provides for daily accrual of contrary herein, if the Creation and Development FeeTrustee sells or otherwise liquidates Fund Shares pursuant to this Section 7.04, the Creation and Development Fee will accrue Trustee shall do so, as nearly as practicable, on a daily pro rata basis from the day after the conclusion of the initial offering period through the among all Securities held by a Trust’s Mandatory Termination Date. Such a Creation and Development Fee will accrue at a daily rate of the total fixed dollar Creation and Development Fee amount stated in the applicable Prospectus divided by the number of days from the day after the conclusion of the initial offering period through the Trust’s Mandatory Termination Date.” 2325. The eighth sentence of Section 3.15 is deleted in its entirety. 24. The first sentence of the third second paragraph of Section 6.02(d) 9.02 is replaced in its entirety with amended by adding the followingfollowing to the end of the Section:

Notice and Sale by Trustee. If at any time dividends, interest, principal or other payments, after declared and when due and payable, on any of the Securities shall not have been paid within thirty (30) days, the Trustee shall notify the Depositor thereof. If within thirty (30) days after such notification the Depositor has not given any instruction to sell or to hold or has not taken any other action in connection with such Securities, the Trustee may in its discretion sell such Securities forthwith, and the Trustee shall not be liable or responsible in any way for depreciation or loss incurred by reason of such sale.” 2119. Section 3.10(d)(i) is replaced in its entirety with the following: (i) The Depositor may resign and be discharged hereunder, by executing an instrument in writing resigning as Depositor Dxxxxxxxx and filing the same with the Trustee, not less than sixty (60) days before the date specified in such instrument when such resignation is to take effect. Upon effective resignation hereunder, the resigning Depositor shall be discharged and shall no longer be liable in any manner hereunder except as to acts or omissions occurring prior to such resignation and any successor depositor appointed by the Trustee pursuant to Section 7.01(g) shall thereupon perform all duties and be entitled to all rights under this Indenture. The successor Depositor shall not be under any liability hereunder for occurrences or omissions prior to the execution of such instrument. Notice of such resignation and appointment of a successor depositor shall be delivered by the Trustee to each Unitholder then of record.” 20. Section 3.13 is hereby deleted in its entirety. 21. The Supervisor’s annual compensation as set forth under Section 4.03 for a Trust shall be that dollar amount per 100 Units set forth under “Estimated Annual Operating Expenses—Supervisor Fee” in the “Fee Table” for the Trust in the Prospectus. 22. Section 6.02(d) is amended by adding the following to the end of the Section: “Notwithstanding anything to the contrary herein, if the Trustee sells, redeems or otherwise liquidates Fund Shares pursuant to this Section 6.02 to satisfy Unit redemptions, the Trustee shall do so, as nearly as practicable, on a pro rata basis among all Securities held by a Trust. Notwithstanding anything to the contrary herein, if a Trust is a Grantor Trust and the Trustee sells, redeems or otherwise liquidates Securities pursuant to this Section 6.02 to satisfy Unit redemptions, the Trustee shall do so, as nearly as practicable, on a pro rata basis among all Securities held by the Trust.” 23. The second sentence Trustee’s annual compensation as set forth under Section 7.04 for a Trust shall be the dollar amount per 100 Units set forth under “Estimated Annual Operating Expenses—Trustee Fee” in the “Fee Table” for the Trust in the Prospectus. 24. The third paragraph of Section 3.15 7.04 is replaced in its entirety with the following: “For Trusts in which Notwithstanding anything to the applicable Prospectus provides for daily accrual of contrary herein, if the Creation and Development FeeTrustee sells or otherwise liquidates Fund Shares pursuant to this Section 7.04, the Creation and Development Fee will accrue Trustee shall do so, as nearly as practicable, on a daily pro rata basis from the day after the conclusion of the initial offering period through the among all Securities held by a Trust’s Mandatory Termination Date. Such a Creation and Development Fee will accrue at a daily rate of the total fixed dollar Creation and Development Fee amount stated in the applicable Prospectus divided by the number of days from the day after the conclusion of the initial offering period through the Trust’s Mandatory Termination Date.” 2325. The eighth sentence of Section 3.15 is deleted in its entirety. 24. The first sentence of the third second paragraph of Section 6.02(d) 9.02 is replaced amended by adding the following to the end of the Section: “Notwithstanding anything to the contrary herein, no Unitholder of a Grantor Trust may elect to receive an In Kind Distribution in its entirety connection with the following:termination of such Trust within thirty (30) days of the termination of such Trust.” In Witness Whereof, the parties hereto have caused this Trust Agreement to be duly executed on the date first above written. The Bank of New York Mellon By: /s/ MXXXXXXXX XXXXXXXXXXX Hxxxxxx & Wxxxx, Inc. By: /s/ KXXXX X. XXXX Hxxxxxx & Wxxxx Asset Management Inc. By: /s/ KXXXX X. XXXX

Notice and Sale by Trustee. If at any time dividends, interest, principal or other payments, after declared and when due and payable, payable on any of the Securities shall not have been paid within thirty (30) days, the Trustee shall notify the Depositor thereof. If within thirty (30) days after such notification the Depositor has not given any instruction to sell or to hold or has not taken any other action in connection with such Securities, the Trustee may in its discretion sell such Securities forthwith, and the Trustee shall not be liable or responsible in any way for depreciation or loss incurred by reason of such sale.” 2124. Section 3.10(d)(i) of the Standard Terms and Conditions of Trust is replaced in its entirety with the following: (i) The Depositor may resign and be discharged hereunder, by executing an instrument in writing resigning as Depositor and filing the same with the Trustee, not less than sixty (60) days before the date specified in such instrument when such resignation is to take effect. Upon effective resignation hereunder, the resigning Depositor shall be discharged and shall no longer be liable in any manner hereunder except as to acts or omissions occurring prior to such resignation and any successor depositor appointed by the Trustee pursuant to Section 7.01(g) shall thereupon perform all duties and be entitled to all rights under this Indenture. The successor Depositor shall not be under any liability hereunder for occurrences or omissions prior to the execution of such instrument. Notice of such resignation and appointment of a successor depositor shall be delivered by the Trustee to each Unitholder then of record.” 2225. The second sentence first paragraph of Section 3.15 is 3.11 of the Standard Terms and Conditions of Trust shall be replaced in its entirety with the following: “For Trusts in which In the applicable Prospectus provides for daily accrual event that the Trustee shall have been notified at any time of any action to be taken or proposed to be taken by holders of the Creation and Development FeeSecurities (including but not limited to the making of any demand, direction, request, giving of any notice, consent or waiver or the voting with respect to any matter relating to the Securities), the Creation Trustee shall promptly notify the Depositor and Development Fee will accrue on a daily basis shall thereupon take such action or refrain from taking any action as the day after Depositor shall in writing direct which includes electronic communication; provided, however, that if the conclusion Depositor shall not within five (5) Business Days of the initial offering period through giving of such notice to the Depositor direct the Trustee to take or refrain from taking any action, the Trustee shall take such action or refrain from taking any action, (i) so as to insure that the Equity Securities are voted as closely as possible in the same manner and the same general proportion, with respect to all issues, as are shares of such Equity Securities that are held by owners other than the Trust and (ii) as it, in its sole discretion, shall deem advisable with respect to the Bonds. Notwithstanding the foregoing, in the event that the Trustee shall have been notified at any time of any action to be taken or proposed to be taken by holders of Fund Shares (including but not limited to the making of any demand, direction, request, giving of any notice, consent or waiver or the voting with respect to any matter relating to the Equity Securities), the Trustee shall promptly notify the Depositor and shall thereupon take such reasonable action or refrain from taking any action with respect to the Fund Shares so that the Fund Shares are voted as closely as possible in the same manner and the same general proportion, with respect to all issues, as are shares of such Fund Shares that are held by owners other than the Trust’s Mandatory Termination Date. Such a Creation and Development Fee will accrue at a daily rate of the total fixed dollar Creation and Development Fee amount stated in the applicable Prospectus divided by the number of days from the day after the conclusion of the initial offering period through the Trust’s Mandatory Termination Date.” 2326. The eighth sentence Standard Terms and Conditions of Section 3.15 is deleted in its entirety. 24. The first sentence of Trust shall be amended to include the third paragraph of Section 6.02(d) is replaced in its entirety with the followingfollowing sections:

Notice and Sale by Trustee. If at any time dividends, interest, principal or other payments, after declared and when due and payable, on any of the Securities shall not have been paid within thirty (30) days, the Trustee shall notify the Depositor thereof. If within thirty (30) days after such notification the Depositor has not given any instruction to sell or to hold or has not taken any other action in connection with such Securities, the Trustee may in its discretion sell such Securities forthwith, and the Trustee shall not be liable or responsible in any way for depreciation or loss incurred by reason of such sale.”" 2115. Section 3.10(d)(i) is replaced in its entirety with the following: (i) The Depositor may resign and be discharged hereunder, by executing an instrument in writing resigning as Depositor and filing the same with the Trustee, not less than sixty (60) days before the date specified in such instrument when such resignation is to take effect. Upon effective resignation hereunder, the resigning Depositor shall be discharged and shall no longer be liable in any manner hereunder except as to acts or omissions occurring prior to such resignation and any successor depositor appointed by the Trustee pursuant to Section 7.01(g) shall thereupon perform all duties and be entitled to all rights under this Indenture. The successor Depositor shall not be under any liability hereunder for occurrences or omissions prior to the execution of such instrument. Notice of such resignation and appointment of a successor depositor shall be delivered by the Trustee to each Unitholder then of record.” 22. The second sentence of Section 3.15 is replaced in its entirety with the following: “For Trusts in which the applicable Prospectus provides for daily accrual of the Creation and Development Fee, the Creation and Development Fee will accrue on a daily basis from the day after the conclusion of the initial offering period through the Trust’s Mandatory Termination Date. Such a Creation and Development Fee will accrue at a daily rate of the total fixed dollar Creation and Development Fee amount stated in the applicable Prospectus divided by the number of days from the day after the conclusion of the initial offering period through the Trust’s Mandatory Termination Date.” 23. The eighth sentence of Section 3.15 is deleted in its entirety. 24. The first sentence of the third paragraph of Section 6.02(d) is replaced in its entirety with the following:"

Notice and Sale by Trustee. If at any time dividends, interest, principal or other payments, after declared and when due and payable, on any of the Securities shall not have been paid within thirty (30) days, the Trustee shall notify the Depositor thereof. If within thirty (30) days after such notification the Depositor has not given any instruction to sell or to hold or has not taken any other action in connection with such Securities, the Trustee may in its discretion sell such Securities forthwith, and the Trustee shall not be liable or responsible in any way for depreciation or loss incurred by reason of such sale.” 2120. Section 3.10(d)(i) is replaced in its entirety with the following: (i) The Depositor may resign and be discharged hereunder, by executing an instrument in writing resigning as Depositor Dxxxxxxxx and filing the same with the Trustee, not less than sixty (60) days before the date specified in such instrument when such resignation is to take effect. Upon effective resignation hereunder, the resigning Depositor shall be discharged and shall no longer be liable in any manner hereunder except as to acts or omissions occurring prior to such resignation and any successor depositor appointed by the Trustee pursuant to Section 7.01(g) shall thereupon perform all duties and be entitled to all rights under this Indenture. The successor Depositor shall not be under any liability hereunder for occurrences or omissions prior to the execution of such instrument. Notice of such resignation and appointment of a successor depositor shall be delivered by the Trustee to each Unitholder then of record.” 21. Section 3.13 is hereby deleted in its entirety. 22. The second sentence Supervisor’s annual compensation as set forth under Section 4.03 for a Trust shall be that dollar amount per 100 Units set forth under “Estimated Annual Operating Expenses—Supervisor Fee” in the “Fee Table” for the Trust in the Prospectus. 23. Section 6.02(d) is amended by adding the following to the end of the Section: “Notwithstanding anything to the contrary herein, if the Trustee sells, redeems or otherwise liquidates Fund Shares pursuant to this Section 6.02 to satisfy Unit redemptions, the Trustee shall do so, as nearly as practicable, on a pro rata basis among all Securities held by a Trust. Notwithstanding anything to the contrary herein, if a Trust is a Grantor Trust and the Trustee sells, redeems or otherwise liquidates Securities pursuant to this Section 6.02 to satisfy Unit redemptions, the Trustee shall do so, as nearly as practicable, on a pro rata basis among all Securities held by the Trust.” 24. The Trustee’s annual compensation as set forth under Section 7.04 for a Trust shall be the dollar amount per 100 Units set forth under “Estimated Annual Operating Expenses—Trustee Fee” in the “Fee Table” for the Trust in the Prospectus. 25. The third paragraph of Section 3.15 7.04 is replaced in its entirety with the following: “For Trusts in which Notwithstanding anything to the applicable Prospectus provides for daily accrual of contrary herein, if the Creation and Development FeeTrustee sells or otherwise liquidates Fund Shares pursuant to this Section 7.04, the Creation and Development Fee will accrue Trustee shall do so, as nearly as practicable, on a daily pro rata basis from the day after the conclusion of the initial offering period through the among all Securities held by a Trust’s Mandatory Termination Date. Such a Creation and Development Fee will accrue at a daily rate of the total fixed dollar Creation and Development Fee amount stated in the applicable Prospectus divided by the number of days from the day after the conclusion of the initial offering period through the Trust’s Mandatory Termination Date.” 2326. The eighth sentence of Section 3.15 is deleted in its entirety. 24. The first sentence of the third second paragraph of Section 6.02(d) 9.02 is replaced amended by adding the following to the end of the Section: “Notwithstanding anything to the contrary herein, no Unitholder of a Grantor Trust may elect to receive an In Kind Distribution in its entirety connection with the following:termination of such Trust within thirty (30) days of the termination of such Trust.”

Notice and Sale by Trustee. If at any time dividends, interest, principal or other payments, after declared and when due and payable, payable on any of the Securities shall not have been paid within thirty (30) days, the Trustee shall notify the Depositor thereof. If within thirty (30) days after such notification the Depositor has not given any instruction to sell or to hold or has not taken any other action in connection with such Securities, the Trustee may in its discretion sell such Securities forthwith, and the Trustee shall not be liable or responsible in any way for depreciation or loss incurred by reason of such sale.” 2125. Section 3.10(d)(i) of the Standard Terms and Conditions of Trust is replaced in its entirety with the following: (i) The Depositor may resign and be discharged hereunder, by executing an instrument in writing resigning as Depositor and filing the same with the Trustee, not less than sixty (60) days before the date specified in such instrument when such resignation is to take effect. Upon effective resignation hereunder, the resigning Depositor shall be discharged and shall no longer be liable in any manner hereunder except as to acts or omissions occurring prior to such resignation and any successor depositor appointed by the Trustee pursuant to Section 7.01(g) shall thereupon perform all duties and be entitled to all rights under this Indenture. The successor Depositor shall not be under any liability hereunder for occurrences or omissions prior to the execution of such instrument. Notice of such resignation and appointment of a successor depositor shall be delivered by the Trustee to each Unitholder then of record.” 2226. The second sentence first paragraph of Section 3.15 is 3.11 of the Standard Terms and Conditions of Trust shall be replaced in its entirety with the following: “For Trusts in which In the applicable Prospectus provides for daily accrual event that the Trustee shall have been notified at any time of any action to be taken or proposed to be taken by holders of the Creation and Development FeeSecurities (including but not limited to the making of any demand, direction, request, giving of any notice, consent or waiver or the voting with respect to any matter relating to the Securities), the Creation Trustee shall promptly notify the Depositor and Development Fee will accrue on a daily basis shall thereupon take such action or refrain from taking any action as the day after Depositor shall in writing direct which includes electronic communication; provided, however, that if the conclusion Depositor shall not within five (5) Business Days of the initial offering period through giving of such notice to the Depositor direct the Trustee to take or refrain from taking any action, the Trustee shall take such action or refrain from taking any action, (i) so as to insure that the Equity Securities are voted as closely as possible in the same manner and the same general proportion, with respect to all issues, as are shares of such Equity Securities that are held by owners other than the Trust and (ii) as it, in its sole discretion, shall deem advisable with respect to the Bonds. Notwithstanding the foregoing, in the event that the Trustee shall have been notified at any time of any action to be taken or proposed to be taken by holders of Fund Shares (including but not limited to the making of any demand, direction, request, giving of any notice, consent or waiver or the voting with respect to any matter relating to the Equity Securities), the Trustee shall promptly notify the Depositor and shall thereupon take such reasonable action or refrain from taking any action with respect to the Fund Shares so that the Fund Shares are voted as closely as possible in the same manner and the same general proportion, with respect to all issues, as are shares of such Fund Shares that are held by owners other than the Trust’s Mandatory Termination Date. Such a Creation and Development Fee will accrue at a daily rate of the total fixed dollar Creation and Development Fee amount stated in the applicable Prospectus divided by the number of days from the day after the conclusion of the initial offering period through the Trust’s Mandatory Termination Date.” 2327. The eighth sentence Standard Terms and Conditions of Section 3.15 is deleted in its entirety. 24. The first sentence of Trust shall be amended to include the third paragraph of Section 6.02(d) is replaced in its entirety with the followingfollowing sections:

Notice and Sale by Trustee. If at any time dividends, interest, principal or other payments, after declared and when due and payable, payable on any of the Securities shall not have been paid within thirty (30) days, the Trustee shall notify the Depositor thereof. If within thirty (30) days after such notification the Depositor has not given any instruction to sell or to hold or has not taken any other action in connection with such Securities, the Trustee may in its discretion sell such Securities forthwith, and the Trustee shall not be liable or responsible in any way for depreciation or loss incurred by reason of such sale.”" 2124. Section 3.10(d)(i) of the Standard Terms and Conditions of Trust is replaced in its entirety with the following: (i) The Depositor may resign and be discharged hereunder, by executing an instrument in writing resigning as Depositor and filing the same with the Trustee, not less than sixty (60) days before the date specified in such instrument when such resignation is to take effect. Upon effective resignation hereunder, the resigning Depositor shall be discharged and shall no longer be liable in any manner hereunder except as to acts or omissions occurring prior to such resignation and any successor depositor appointed by the Trustee pursuant to Section 7.01(g) shall thereupon perform all duties and be entitled to all rights under this Indenture. The successor Depositor shall not be under any liability hereunder for occurrences or omissions prior to the execution of such instrument. Notice of such resignation and appointment of a successor depositor shall be delivered by the Trustee to each Unitholder then of record.”" 2225. The second sentence first paragraph of Section 3.15 is 3.11 of the Standard Terms and Conditions of Trust shall be replaced in its entirety with the following: “For Trusts in which "In the applicable Prospectus provides for daily accrual event that the Trustee shall have been notified at any time of any action to be taken or proposed to be taken by holders of the Creation and Development FeeSecurities (including but not limited to the making of any demand, direction, request, giving of any notice, consent or waiver or the voting with respect to any matter relating to the Securities), the Creation Trustee shall promptly notify the Depositor and Development Fee will accrue on a daily basis shall thereupon take such action or refrain from taking any action as the day after Depositor shall in writing direct which includes electronic communication; provided, however, that if the conclusion Depositor shall not within five (5) Business Days of the initial offering period through giving of such notice to the Depositor direct the Trustee to take or refrain from taking any action, the Trustee shall take such action or refrain from taking any action, (i) so as to insure that the Equity Securities are voted as closely as possible in the same manner and the same general proportion, with respect to all issues, as are shares of such Equity Securities that are held by owners other than the Trust and (ii) as it, in its sole discretion, shall deem advisable with respect to the Bonds. Notwithstanding the foregoing, in the event that the Trustee shall have been notified at any time of any action to be taken or proposed to be taken by holders of Fund Shares (including but not limited to the making of any demand, direction, request, giving of any notice, consent or waiver or the voting with respect to any matter relating to the Equity Securities), the Trustee shall promptly notify the Depositor and shall thereupon take such reasonable action or refrain from taking any action with respect to the Fund Shares so that the Fund Shares are voted as closely as possible in the same manner and the same general proportion, with respect to all issues, as are shares of such Fund Shares that are held by owners other than the Trust’s Mandatory Termination Date. Such a Creation and Development Fee will accrue at a daily rate of the total fixed dollar Creation and Development Fee amount stated in the applicable Prospectus divided by the number of days from the day after the conclusion of the initial offering period through the Trust’s Mandatory Termination Date.”" 2326. The eighth sentence Standard Terms and Conditions of Section 3.15 is deleted in its entirety. 24. The first sentence of Trust shall be amended to include the third paragraph of Section 6.02(d) is replaced in its entirety with the followingfollowing sections:

Notice and Sale by Trustee. If at any time dividends, interest, principal or other payments, after declared and when due and payable, on any of the Securities shall not have been paid within thirty (30) days, the Trustee shall notify the Depositor thereof. If within thirty (30) days after such notification the Depositor has not given any instruction to sell or to hold or has not taken any other action in connection with such Securities, the Trustee may in its discretion sell such Securities forthwith, and the Trustee shall not be liable or responsible in any way for depreciation or loss incurred by reason of such sale.” 2117. Section 3.10(d)(i) is replaced in its entirety with the following: (i) The Depositor may resign and be discharged hereunder, by executing an instrument in writing resigning as Depositor and filing the same with the Trustee, not less than sixty (60) days before the date specified in such instrument when such resignation is to take effect. Upon effective resignation hereunder, the resigning Depositor shall be discharged and shall no longer be liable in any manner hereunder except as to acts or omissions occurring prior to such resignation and any successor depositor appointed by the Trustee pursuant to Section 7.01(g) shall thereupon perform all duties and be entitled to all rights under this Indenture. The successor Depositor shall not be under any liability hereunder for occurrences or omissions prior to the execution of such instrument. Notice of such resignation and appointment of a successor depositor shall be delivered by the Trustee to each Unitholder then of record.” 18. Section 3.13 is hereby deleted in its entirety. 19. The Supervisor’s annual compensation as set forth under Section 4.03 for a Trust shall be that dollar amount per 100 Units set forth under “Estimated Annual Operating Expenses—Supervisor Fee” in the “Fee Table” for the Trust in the Prospectus. 20. Section 6.02(d) is amended by adding the following to the end of the Section: “Notwithstanding anything to the contrary herein, if the Trustee sells, redeems or otherwise liquidates Fund Shares pursuant to this Section 6.02 to satisfy Unit redemptions, the Trustee shall do so, as nearly as practicable, on a pro rata basis among all Securities held by a Trust. Notwithstanding anything to the contrary herein, if a Trust is a Grantor Trust and the Trustee sells, redeems or otherwise liquidates Securities pursuant to this Section 6.02 to satisfy Unit redemptions, the Trustee shall do so, as nearly as practicable, on a pro rata basis among all Securities held by the Trust.” 21. The Trustee’s annual compensation as set forth under Section 7.04 for a Trust shall be the dollar amount per 100 Units set forth under “Estimated Annual Operating Expenses—Trustee Fee” in the “Fee Table” for the Trust in the Prospectus. 22. The second sentence third paragraph of Section 3.15 7.04 is replaced in its entirety with the following: “For Trusts in which Notwithstanding anything to the applicable Prospectus provides for daily accrual of contrary herein, if the Creation and Development FeeTrustee sells or otherwise liquidates Fund Shares pursuant to this Section 7.04, the Creation and Development Fee will accrue Trustee shall do so, as nearly as practicable, on a daily pro rata basis from the day after the conclusion of the initial offering period through the among all Securities held by a Trust’s Mandatory Termination Date. Such a Creation and Development Fee will accrue at a daily rate of the total fixed dollar Creation and Development Fee amount stated in the applicable Prospectus divided by the number of days from the day after the conclusion of the initial offering period through the Trust’s Mandatory Termination Date.” 23. The eighth sentence of Section 3.15 is deleted in its entirety. 24. The first sentence of the third second paragraph of Section 6.02(d) 9.02 is replaced amended by adding the following to the end of the Section: “Notwithstanding anything to the contrary herein, no Unitholder of a Grantor Trust may elect to receive an In Kind Distribution in its entirety connection with the following:termination of such Trust within thirty (30) days of the termination of such Trust.” In Witness Whereof, the parties hereto have caused this Trust Agreement to be duly executed on the date first above written. The Bank of New York Mellon By: /s/ XXXXXXX XXXXXXXX Xxxxxxx & Xxxxx, Inc. By: /s/ XXXXX X. XXXX Xxxxxxx & Xxxxx Asset Management Inc. By: /s/ XXXXX X. XXXX

Notice and Sale by Trustee. If at any time dividends, interest, principal or other payments, after declared and when due and payable, on any of the Securities shall not have been paid within thirty (30) days, the Trustee shall notify the Depositor thereof. If within thirty (30) days after such notification the Depositor has not given any instruction to sell or to hold or has not taken any other action in connection with such Securities, the Trustee may in its discretion sell such Securities forthwith, and the Trustee shall not be liable or responsible in any way for depreciation or loss incurred by reason of such sale.” 2120. Section 3.10(d)(i) is replaced in its entirety with the following: (i) The Depositor may resign and be discharged hereunder, by executing an instrument in writing resigning as Depositor Dxxxxxxxx and filing the same with the Trustee, not less than sixty (60) days before the date specified in such instrument when such resignation is to take effect. Upon effective resignation hereunder, the resigning Depositor shall be discharged and shall no longer be liable in any manner hereunder except as to acts or omissions occurring prior to such resignation and any successor depositor appointed by the Trustee pursuant to Section 7.01(g) shall thereupon perform all duties and be entitled to all rights under this Indenture. The successor Depositor shall not be under any liability hereunder for occurrences or omissions prior to the execution of such instrument. Notice of such resignation and appointment of a successor depositor shall be delivered by the Trustee to each Unitholder then of record.” 21. Section 3.13 is hereby deleted in its entirety. 22. The second sentence Supervisor’s annual compensation as set forth under Section 4.03 for a Trust shall be that dollar amount per 100 Units set forth under “Estimated Annual Operating Expenses—Supervisor Fee” in the “Fee Table” for the Trust in the Prospectus. 23. Section 6.02(d) is amended by adding the following to the end of the Section: “Notwithstanding anything to the contrary herein, if the Trustee sells, redeems or otherwise liquidates Fund Shares pursuant to this Section 6.02 to satisfy Unit redemptions, the Trustee shall do so, as nearly as practicable, on a pro rata basis among all Securities held by a Trust. Notwithstanding anything to the contrary herein, if a Trust is a Grantor Trust and the Trustee sells, redeems or otherwise liquidates Securities pursuant to this Section 6.02 to satisfy Unit redemptions, the Trustee shall do so, as nearly as practicable, on a pro rata basis among all Securities held by the Trust.” 24. The Trustee’s annual compensation as set forth under Section 7.04 for a Trust shall be the dollar amount per 100 Units set forth under “Estimated Annual Operating Expenses—Trustee Fee” in the “Fee Table” for the Trust in the Prospectus. 25. The third paragraph of Section 3.15 7.04 is replaced in its entirety with the following: “For Trusts in which Notwithstanding anything to the applicable Prospectus provides for daily accrual of contrary herein, if the Creation and Development FeeTrustee sells or otherwise liquidates Fund Shares pursuant to this Section 7.04, the Creation and Development Fee will accrue Trustee shall do so, as nearly as practicable, on a daily pro rata basis from the day after the conclusion of the initial offering period through the among all Securities held by a Trust’s Mandatory Termination Date. Such a Creation and Development Fee will accrue at a daily rate of the total fixed dollar Creation and Development Fee amount stated in the applicable Prospectus divided by the number of days from the day after the conclusion of the initial offering period through the Trust’s Mandatory Termination Date.” 2326. The eighth sentence of Section 3.15 is deleted in its entirety. 24. The first sentence of the third second paragraph of Section 6.02(d) 9.02 is replaced in its entirety with amended by adding the followingfollowing to the end of the Section:

Notice and Sale by Trustee. If at any time dividends, interest, principal or other payments, after declared and when due and payable, on any of the Securities shall not have been paid within thirty (30) days, the Trustee shall notify the Depositor thereof. If within thirty (30) days after such notification the Depositor has not given any instruction to sell or to hold or has not taken any other action in connection with such Securities, the Trustee may in its discretion sell such Securities forthwith, and the Trustee shall not be liable or responsible in any way for depreciation or loss incurred by reason of such sale.” 2120. Section 3.10(d)(i) is replaced in its entirety with the following: (i) The Depositor may resign and be discharged hereunder, by executing an instrument in writing resigning as Depositor and filing the same with the Trustee, not less than sixty (60) days before the date specified in such instrument when such resignation is to take effect. Upon effective resignation hereunder, the resigning Depositor shall be discharged and shall no longer be liable in any manner hereunder except as to acts or omissions occurring prior to such resignation and any successor depositor appointed by the Trustee pursuant to Section 7.01(g) shall thereupon perform all duties and be entitled to all rights under this Indenture. The successor Depositor shall not be under any liability hereunder for occurrences or omissions prior to the execution of such instrument. Notice of such resignation and appointment of a successor depositor shall be delivered by the Trustee to each Unitholder then of record.” 22. The second sentence of Section 3.15 is replaced in its entirety with the following: “For Trusts in which the applicable Prospectus provides for daily accrual of the Creation and Development Fee, the Creation and Development Fee will accrue on a daily basis from the day after the conclusion of the initial offering period through the Trust’s Mandatory Termination Date. Such a Creation and Development Fee will accrue at a daily rate of the total fixed dollar Creation and Development Fee amount stated in the applicable Prospectus divided by the number of days from the day after the conclusion of the initial offering period through the Trust’s Mandatory Termination Date.” 23. The eighth sentence of Section 3.15 is deleted in its entirety. 2421. The first sentence of the third paragraph of Section 6.02(d) is replaced in its entirety with the following:

Notice and Sale by Trustee. If at any time dividends, interest, principal or other payments, after declared and when due and payable, on any of the Securities shall not have been paid within thirty (30) days, the Trustee shall notify the Depositor thereof. If within thirty (30) days after such notification the Depositor has not given any instruction to sell or to hold or has not taken any other action in connection with such Securities, the Trustee may in its discretion sell such Securities forthwith, and the Trustee shall not be liable or responsible in any way for depreciation or loss incurred by reason of such sale.” 2119. Section 3.10(d)(i) is replaced in its entirety with the following: (i) The Depositor may resign and be discharged hereunder, by executing an instrument in writing resigning as Depositor Dxxxxxxxx and filing the same with the Trustee, not less than sixty (60) days before the date specified in such instrument when such resignation is to take effect. Upon effective resignation hereunder, the resigning Depositor shall be discharged and shall no longer be liable in any manner hereunder except as to acts or omissions occurring prior to such resignation and any successor depositor appointed by the Trustee pursuant to Section 7.01(g) shall thereupon perform all duties and be entitled to all rights under this Indenture. The successor Depositor shall not be under any liability hereunder for occurrences or omissions prior to the execution of such instrument. Notice of such resignation and appointment of a successor depositor shall be delivered by the Trustee to each Unitholder then of record.” 22. The second sentence of Section 3.15 is replaced in its entirety with the following: “For Trusts in which the applicable Prospectus provides for daily accrual of the Creation and Development Fee, the Creation and Development Fee will accrue on a daily basis from the day after the conclusion of the initial offering period through the Trust’s Mandatory Termination Date. Such a Creation and Development Fee will accrue at a daily rate of the total fixed dollar Creation and Development Fee amount stated in the applicable Prospectus divided by the number of days from the day after the conclusion of the initial offering period through the Trust’s Mandatory Termination Date.” 23. The eighth sentence of Section 3.15 is deleted in its entirety. 24. The first sentence of the third paragraph of Section 6.02(d) is replaced in its entirety with the following:

Notice and Sale by Trustee. If at any time dividends, interest, principal or other payments, after declared and when due and payable, on any of the Securities shall not have been paid within thirty (30) days, the Trustee shall notify the Depositor thereof. If within thirty (30) days after such notification the Depositor has not given any instruction to sell or to hold or has not taken any other action in connection with such Securities, the Trustee may in its discretion sell such Securities forthwith, and the Trustee shall not be liable or responsible in any way for depreciation or loss incurred by reason of such sale.” 2119. Section 3.10(d)(i) is replaced in its entirety with the following: (i) The Depositor may resign and be discharged hereunder, by executing an instrument in writing resigning as Depositor Xxxxxxxxx and filing the same with the Trustee, not less than sixty (60) days before the date specified in such instrument when such resignation is to take effect. Upon effective resignation hereunder, the resigning Depositor shall be discharged and shall no longer be liable in any manner hereunder except as to acts or omissions occurring prior to such resignation and any successor depositor appointed by the Trustee pursuant to Section 7.01(g) shall thereupon perform all duties and be entitled to all rights under this Indenture. The successor Depositor shall not be under any liability hereunder for occurrences or omissions prior to the execution of such instrument. Notice of such resignation and appointment of a successor depositor shall be delivered by the Trustee to each Unitholder then of record.” 20. Section 3.13 is hereby deleted in its entirety. 21. The Supervisor’s annual compensation as set forth under Section 4.03 for a Trust shall be that dollar amount per 100 Units set forth under “Estimated Annual Operating Expenses—Supervisor Fee” in the “Fee Table” for the Trust in the Prospectus. 22. Section 6.02(d) is amended by adding the following to the end of the Section: “Notwithstanding anything to the contrary herein, if the Trustee sells, redeems or otherwise liquidates Fund Shares pursuant to this Section 6.02 to satisfy Unit redemptions, the Trustee shall do so, as nearly as practicable, on a pro rata basis among all Securities held by a Trust. Notwithstanding anything to the contrary herein, if a Trust is a Grantor Trust and the Trustee sells, redeems or otherwise liquidates Securities pursuant to this Section 6.02 to satisfy Unit redemptions, the Trustee shall do so, as nearly as practicable, on a pro rata basis among all Securities held by the Trust.” 23. The second sentence Trustee’s annual compensation as set forth under Section 7.04 for a Trust shall be the dollar amount per 100 Units set forth under “Estimated Annual Operating Expenses—Trustee Fee” in the “Fee Table” for the Trust in the Prospectus. 24. The third paragraph of Section 3.15 7.04 is replaced in its entirety with the following: “For Trusts in which Notwithstanding anything to the applicable Prospectus provides for daily accrual of contrary herein, if the Creation and Development FeeTrustee sells or otherwise liquidates Fund Shares pursuant to this Section 7.04, the Creation and Development Fee will accrue Trustee shall do so, as nearly as practicable, on a daily pro rata basis from the day after the conclusion of the initial offering period through the among all Securities held by a Trust’s Mandatory Termination Date. Such a Creation and Development Fee will accrue at a daily rate of the total fixed dollar Creation and Development Fee amount stated in the applicable Prospectus divided by the number of days from the day after the conclusion of the initial offering period through the Trust’s Mandatory Termination Date.” 2325. The eighth sentence of Section 3.15 is deleted in its entirety. 24. The first sentence of the third second paragraph of Section 6.02(d) 9.02 is replaced amended by adding the following to the end of the Section: “Notwithstanding anything to the contrary herein, no Unitholder of a Grantor Trust may elect to receive an In Kind Distribution in its entirety connection with the following:termination of such Trust within thirty (30) days of the termination of such Trust.” In Witness Whereof, the parties hereto have caused this Trust Agreement to be duly executed on the date first above written. The Bank of New York Mellon By: /s/ XXXXXXXXX XXXXXXXXXXX Xxxxxxx & Xxxxx, Inc. By: /s/ XXXXX X. XXXX Xxxxxxx & Xxxxx Asset Management Inc. By: /s/ XXXXX X. XXXX

Notice and Sale by Trustee. If at any time dividends, interest, principal or other payments, after declared and when due and payable, on any of the Securities shall not have been paid within thirty (30) days, the Trustee shall notify the Depositor thereof. If within thirty (30) days after such notification the Depositor has not given any instruction to sell or to hold or has not taken any other action in connection with such Securities, the Trustee may in its discretion sell such Securities forthwith, and the Trustee shall not be liable or responsible in any way for depreciation or loss incurred by reason of such sale.” 2120. Section 3.10(d)(i) is replaced in its entirety with the following: (i) The Depositor may resign and be discharged hereunder, by executing an instrument in writing resigning as Depositor Xxxxxxxxx and filing the same with the Trustee, not less than sixty (60) days before the date specified in such instrument when such resignation is to take effect. Upon effective resignation hereunder, the resigning Depositor shall be discharged and shall no longer be liable in any manner hereunder except as to acts or omissions occurring prior to such resignation and any successor depositor appointed by the Trustee pursuant to Section 7.01(g) shall thereupon perform all duties and be entitled to all rights under this Indenture. The successor Depositor shall not be under any liability hereunder for occurrences or omissions prior to the execution of such instrument. Notice of such resignation and appointment of a successor depositor shall be delivered by the Trustee to each Unitholder then of record.” 21. Section 3.13 is hereby deleted in its entirety. 22. The second sentence Supervisor’s annual compensation as set forth under Section 4.03 for a Trust shall be that dollar amount per 100 Units set forth under “Estimated Annual Operating Expenses—Supervisor Fee” in the “Fee Table” for the Trust in the Prospectus. 23. Section 6.02(d) is amended by adding the following to the end of the Section: “Notwithstanding anything to the contrary herein, if the Trustee sells, redeems or otherwise liquidates Fund Shares pursuant to this Section 6.02 to satisfy Unit redemptions, the Trustee shall do so, as nearly as practicable, on a pro rata basis among all Securities held by a Trust. Notwithstanding anything to the contrary herein, if a Trust is a Grantor Trust and the Trustee sells, redeems or otherwise liquidates Securities pursuant to this Section 6.02 to satisfy Unit redemptions, the Trustee shall do so, as nearly as practicable, on a pro rata basis among all Securities held by the Trust.” 24. The Trustee’s annual compensation as set forth under Section 7.04 for a Trust shall be the dollar amount per 100 Units set forth under “Estimated Annual Operating Expenses—Trustee Fee” in the “Fee Table” for the Trust in the Prospectus. 25. The third paragraph of Section 3.15 7.04 is replaced in its entirety with the following: “For Trusts in which Notwithstanding anything to the applicable Prospectus provides for daily accrual of contrary herein, if the Creation and Development FeeTrustee sells or otherwise liquidates Fund Shares pursuant to this Section 7.04, the Creation and Development Fee will accrue Trustee shall do so, as nearly as practicable, on a daily pro rata basis from the day after the conclusion of the initial offering period through the among all Securities held by a Trust’s Mandatory Termination Date. Such a Creation and Development Fee will accrue at a daily rate of the total fixed dollar Creation and Development Fee amount stated in the applicable Prospectus divided by the number of days from the day after the conclusion of the initial offering period through the Trust’s Mandatory Termination Date.” 2326. The eighth sentence of Section 3.15 is deleted in its entirety. 24. The first sentence of the third second paragraph of Section 6.02(d) 9.02 is replaced amended by adding the following to the end of the Section: “Notwithstanding anything to the contrary herein, no Unitholder of a Grantor Trust may elect to receive an In Kind Distribution in its entirety connection with the following:termination of such Trust within thirty (30) days of the termination of such Trust.”

Notice and Sale by Trustee. If at any time dividends, interest, principal or other payments, after declared and when due and payable, on any of the Securities shall not have been paid within thirty (30) days, the Trustee shall notify the Depositor thereof. If within thirty (30) days after such notification the Depositor has not given any instruction to sell or to hold or has not taken any other action in connection with such Securities, the Trustee may in its discretion sell such Securities forthwith, and the Trustee shall not be liable or responsible in any way for depreciation or loss incurred by reason of such sale.” 2120. Section 3.10(d)(i) is replaced in its entirety with the following: (i) The Depositor may resign and be discharged hereunder, by executing an instrument in writing resigning as Depositor Xxxxxxxxx and filing the same with the Trustee, not less than sixty (60) days before the date specified in such instrument when such resignation is to take effect. Upon effective resignation hereunder, the resigning Depositor shall be discharged and shall no longer be liable in any manner hereunder except as to acts or omissions occurring prior to such resignation and any successor depositor appointed by the Trustee pursuant to Section 7.01(g) shall thereupon perform all duties and be entitled to all rights under this Indenture. The successor Depositor shall not be under any liability hereunder for occurrences or omissions prior to the execution of such instrument. Notice of such resignation and appointment of a successor depositor shall be delivered by the Trustee to each Unitholder then of record.” 21. Section 3.13 is hereby deleted in its entirety. 22. The second sentence Supervisor’s annual compensation as set forth under Section 4.03 for a Trust shall be that dollar amount per 100 Units set forth under “Estimated Annual Operating Expenses—Supervisor Fee” in the “Fee Table” for the Trust in the Prospectus. 23. Section 6.02(d) is amended by adding the following to the end of the Section: “Notwithstanding anything to the contrary herein, if the Trustee sells, redeems or otherwise liquidates Fund Shares pursuant to this Section 6.02 to satisfy Unit redemptions, the Trustee shall do so, as nearly as practicable, on a pro rata basis among all Securities held by a Trust. Notwithstanding anything to the contrary herein, if a Trust is a Grantor Trust and the Trustee sells, redeems or otherwise liquidates Securities pursuant to this Section 6.02 to satisfy Unit redemptions, the Trustee shall do so, as nearly as practicable, on a pro rata basis among all Securities held by the Trust.” 24. The Trustee’s annual compensation as set forth under Section 7.04 for a Trust shall be the dollar amount per 100 Units set forth under “Estimated Annual Operating Expenses—Trustee Fee” in the “Fee Table” for the Trust in the Prospectus. 25. The third paragraph of Section 3.15 7.04 is replaced in its entirety with the following: “For Trusts in which Notwithstanding anything to the applicable Prospectus provides for daily accrual of contrary herein, if the Creation and Development FeeTrustee sells or otherwise liquidates Fund Shares pursuant to this Section 7.04, the Creation and Development Fee will accrue Trustee shall do so, as nearly as practicable, on a daily pro rata basis from the day after the conclusion of the initial offering period through the among all Securities held by a Trust’s Mandatory Termination Date. Such a Creation and Development Fee will accrue at a daily rate of the total fixed dollar Creation and Development Fee amount stated in the applicable Prospectus divided by the number of days from the day after the conclusion of the initial offering period through the Trust’s Mandatory Termination Date.” 2326. The eighth sentence of Section 3.15 is deleted in its entirety. 24. The first sentence of the third second paragraph of Section 6.02(d) 9.02 is replaced in its entirety with amended by adding the followingfollowing to the end of the Section:

Notice and Sale by Trustee. If at any time dividends, interest, principal or other payments, after declared and when due and payable, on any of the Securities shall not have been paid within thirty (30) days, the Trustee shall notify the Depositor thereof. If within thirty (30) days after such notification the Depositor has not given any instruction to sell or to hold or has not taken any other action in connection with such Securities, the Trustee may in its discretion sell such Securities forthwith, and the Trustee shall not be liable or responsible in any way for depreciation or loss incurred by reason of such sale.” 2119. Section 3.10(d)(i) is replaced in its entirety with the following: (i) The Depositor may resign and be discharged hereunder, by executing an instrument in writing resigning as Depositor Xxxxxxxxx and filing the same with the Trustee, not less than sixty (60) days before the date specified in such instrument when such resignation is to take effect. Upon effective resignation hereunder, the resigning Depositor shall be discharged and shall no longer be liable in any manner hereunder except as to acts or omissions occurring prior to such resignation and any successor depositor appointed by the Trustee pursuant to Section 7.01(g) shall thereupon perform all duties and be entitled to all rights under this Indenture. The successor Depositor shall not be under any liability hereunder for occurrences or omissions prior to the execution of such instrument. Notice of such resignation and appointment of a successor depositor shall be delivered by the Trustee to each Unitholder then of record.” 22. The second sentence of Section 3.15 is replaced in its entirety with the following: “For Trusts in which the applicable Prospectus provides for daily accrual of the Creation and Development Fee, the Creation and Development Fee will accrue on a daily basis from the day after the conclusion of the initial offering period through the Trust’s Mandatory Termination Date. Such a Creation and Development Fee will accrue at a daily rate of the total fixed dollar Creation and Development Fee amount stated in the applicable Prospectus divided by the number of days from the day after the conclusion of the initial offering period through the Trust’s Mandatory Termination Date.” 23. The eighth sentence of Section 3.15 is deleted in its entirety. 24. The first sentence of the third paragraph of Section 6.02(d) is replaced in its entirety with the following:

Notice and Sale by Trustee. If at any time dividends, interest, principal or other payments, after declared and when due and payable, on any of the Securities shall not have been paid within thirty (30) days, the Trustee shall notify the Depositor thereof. If within thirty (30) days after such notification the Depositor has not given any instruction to sell or to hold or has not taken any other action in connection with such Securities, the Trustee may in its discretion sell such Securities forthwith, and the Trustee shall not be liable or responsible in any way for depreciation or loss incurred by reason of such sale.” 2119. Section 3.10(d)(i) is replaced in its entirety with the following: (i) The Depositor may resign and be discharged hereunder, by executing an instrument in writing resigning as Depositor Xxxxxxxxx and filing the same with the Trustee, not less than sixty (60) days before the date specified in such instrument when such resignation is to take effect. Upon effective resignation hereunder, the resigning Depositor shall be discharged and shall no longer be liable in any manner hereunder except as to acts or ​ omissions occurring prior to such resignation and any successor depositor appointed by the Trustee pursuant to Section 7.01(g) shall thereupon perform all duties and be entitled to all rights under this Indenture. The successor Depositor shall not be under any liability hereunder for occurrences or omissions prior to the execution of such instrument. Notice of such resignation and appointment of a successor depositor shall be delivered by the Trustee to each Unitholder then of record.” 20. Section 3.13 is hereby deleted in its entirety. 21. The Supervisor’s annual compensation as set forth under Section 4.03 for a Trust shall be that dollar amount per 100 Units set forth under “Estimated Annual Operating Expenses—Supervisor Fee” in the “Fee Table” for the Trust in the Prospectus. 22. Section 6.02(d) is amended by adding the following to the end of the Section: “Notwithstanding anything to the contrary herein, if the Trustee sells, redeems or otherwise liquidates Fund Shares pursuant to this Section 6.02 to satisfy Unit redemptions, the Trustee shall do so, as nearly as practicable, on a pro rata basis among all Securities held by a Trust. Notwithstanding anything to the contrary herein, if a Trust is a Grantor Trust and the Trustee sells, redeems or otherwise liquidates Securities pursuant to this Section 6.02 to satisfy Unit redemptions, the Trustee shall do so, as nearly as practicable, on a pro rata basis among all Securities held by the Trust.” 23. The second sentence Trustee’s annual compensation as set forth under Section 7.04 for a Trust shall be the dollar amount per 100 Units set forth under “Estimated Annual Operating Expenses—Trustee Fee” in the “Fee Table” for the Trust in the Prospectus. 24. The third paragraph of Section 3.15 7.04 is replaced in its entirety with the following: “For Trusts in which Notwithstanding anything to the applicable Prospectus provides for daily accrual of contrary herein, if the Creation and Development FeeTrustee sells or otherwise liquidates Fund Shares pursuant to this Section 7.04, the Creation and Development Fee will accrue Trustee shall do so, as nearly as practicable, on a daily pro rata basis from the day after the conclusion of the initial offering period through the among all Securities held by a Trust’s Mandatory Termination Date. Such a Creation and Development Fee will accrue at a daily rate of the total fixed dollar Creation and Development Fee amount stated in the applicable Prospectus divided by the number of days from the day after the conclusion of the initial offering period through the Trust’s Mandatory Termination Date.” 2325. The eighth sentence of Section 3.15 is deleted in its entirety. 24. The first sentence of the third second paragraph of Section 6.02(d) 9.02 is replaced in its entirety with amended by adding the followingfollowing to the end of the Section:

Notice and Sale by Trustee. If at any time dividends, interest, principal or other payments, after declared and when due and payable, on any of the Securities shall not have been paid within thirty (30) days, the Trustee shall notify the Depositor thereof. If within thirty (30) days after such notification the Depositor has not given any instruction to sell or to hold or has not taken any other action in connection with such Securities, the Trustee may in its discretion sell such Securities forthwith, and the Trustee shall not be liable or responsible in any way for depreciation or loss incurred by reason of such sale.” 2120. Section 3.10(d)(i) is replaced in its entirety with the following: (i) The Depositor may resign and be discharged hereunder, by executing an instrument in writing resigning as Depositor Dxxxxxxxx and filing the same with the Trustee, not less than sixty (60) days before the date specified in such instrument when such resignation is to take effect. Upon effective resignation hereunder, the resigning Depositor shall be discharged and shall no longer be liable in any manner hereunder except as to acts or omissions occurring prior to such resignation and any successor depositor appointed by the Trustee pursuant to Section 7.01(g) shall thereupon perform all duties and be entitled to all rights under this Indenture. The successor Depositor shall not be under any liability hereunder for occurrences or omissions prior to the execution of such instrument. Notice of such resignation and appointment of a successor depositor shall be delivered by the Trustee to each Unitholder then of record.” 22. The second sentence of Section 3.15 is replaced in its entirety with the following: “For Trusts in which the applicable Prospectus provides for daily accrual of the Creation and Development Fee, the Creation and Development Fee will accrue on a daily basis from the day after the conclusion of the initial offering period through the Trust’s Mandatory Termination Date. Such a Creation and Development Fee will accrue at a daily rate of the total fixed dollar Creation and Development Fee amount stated in the applicable Prospectus divided by the number of days from the day after the conclusion of the initial offering period through the Trust’s Mandatory Termination Date.” 23. The eighth sentence of Section 3.15 is deleted in its entirety. 24. The first sentence of the third paragraph of Section 6.02(d) is replaced in its entirety with the following:

Notice and Sale by Trustee. If at any time dividends, interest, principal or other payments, after declared and when due and payable, on any of the Securities shall not have been paid within thirty (30) days, the Trustee shall notify the Depositor thereof. If within thirty (30) days after such notification the Depositor has not given any instruction to sell or to hold or has not taken any other action in connection with such Securities, the Trustee may in its discretion sell such Securities forthwith, and the Trustee shall not be liable or responsible in any way for depreciation or loss incurred by reason of such sale.” 2120. Section 3.10(d)(i) is replaced in its entirety with the following: (i) The Depositor may resign and be discharged hereunder, by executing an instrument in writing resigning as Depositor Xxxxxxxxx and filing the same with the Trustee, not less than sixty (60) days before the date specified in such instrument when such resignation is to take effect. Upon effective resignation hereunder, the resigning Depositor shall be discharged and shall no longer be liable in any manner hereunder except as to acts or omissions occurring prior to such resignation and any successor depositor appointed by the Trustee pursuant to Section 7.01(g) shall thereupon perform all duties and be entitled to all rights under this Indenture. The successor Depositor shall not be under any liability hereunder for occurrences or omissions prior to the execution of such instrument. Notice of such resignation and appointment of a successor depositor shall be delivered by the Trustee to each Unitholder then of record.” 22. The second sentence of Section 3.15 is replaced in its entirety with the following: “For Trusts in which the applicable Prospectus provides for daily accrual of the Creation and Development Fee, the Creation and Development Fee will accrue on a daily basis from the day after the conclusion of the initial offering period through the Trust’s Mandatory Termination Date. Such a Creation and Development Fee will accrue at a daily rate of the total fixed dollar Creation and Development Fee amount stated in the applicable Prospectus divided by the number of days from the day after the conclusion of the initial offering period through the Trust’s Mandatory Termination Date.” 23. The eighth sentence of Section 3.15 is deleted in its entirety. 24. The first sentence of the third paragraph of Section 6.02(d) is replaced in its entirety with the following:

Notice and Sale by Trustee. If at any time dividends, interest, principal or other payments, after declared and when due and payable, on any of the Securities shall not have been paid within thirty (30) days, the Trustee shall notify the Depositor thereof. If within thirty (30) days after such notification the Depositor has not given any instruction to sell or to hold or has not taken any other action in connection with such Securities, the Trustee may in its discretion sell such Securities forthwith, and the Trustee shall not be liable or responsible in any way for depreciation or loss incurred by reason of such sale.” 2117. Section 3.10(d)(i) is replaced in its entirety with the following: : ” (id)(i) The Depositor may resign and be discharged hereunder, by executing an instrument in writing resigning as Depositor and filing the same with the Trustee, not less than sixty (60) days before the date specified in such instrument when such resignation is to take effect. Upon effective resignation hereunder, the resigning Depositor shall be discharged and shall no longer be liable in any manner hereunder except as to acts or omissions occurring prior to such resignation and any successor depositor appointed by the Trustee pursuant to Section 7.01(g) shall thereupon perform all duties and be entitled to all rights under this Indenture. The successor Depositor shall not be under any liability hereunder for occurrences or omissions prior to the execution of such instrument. Notice of such resignation and appointment of a successor depositor shall be delivered by the Trustee to each Unitholder then of record.” 18. Section 3.13 is hereby deleted in its entirety. 19. The Supervisor’s annual compensation as set forth under Section 4.03 for a Trust shall be that dollar amount per 100 Units set forth under “Estimated Annual Operating Expenses—Supervisor Fee” in the “Fee Table” for the Trust in the Prospectus. 20. Section 6.02(d) is amended by adding the following to the end of the Section: “Notwithstanding anything to the contrary herein, if the Trustee sells, redeems or otherwise liquidates Fund Shares pursuant to this Section 6.02 to satisfy Unit redemptions, the Trustee shall do so, as nearly as practicable, on a pro rata basis among all Securities held by a Trust. Notwithstanding anything to the contrary herein, if a Trust is a Grantor Trust and the Trustee sells, redeems or otherwise liquidates Securities pursuant to this Section 6.02 to satisfy Unit redemptions, the Trustee shall do so, as nearly as practicable, on a pro rata basis among all Securities held by the Trust.” 21. The Trustee’s annual compensation as set forth under Section 7.04 for a Trust shall be the dollar amount per 100 Units set forth under “Estimated Annual Operating Expenses—Trustee Fee” in the “Fee Table” for the Trust in the Prospectus. 22. The second sentence third paragraph of Section 3.15 7.04 is replaced in its entirety with the following: “For Trusts in which Notwithstanding anything to the applicable Prospectus provides for daily accrual of contrary herein, if the Creation and Development FeeTrustee sells or otherwise liquidates Fund Shares pursuant to this Section 7.04, the Creation and Development Fee will accrue Trustee shall do so, as nearly as practicable, on a daily pro rata basis from the day after the conclusion of the initial offering period through the among all Securities held by a Trust’s Mandatory Termination Date. Such a Creation and Development Fee will accrue at a daily rate of the total fixed dollar Creation and Development Fee amount stated in the applicable Prospectus divided by the number of days from the day after the conclusion of the initial offering period through the Trust’s Mandatory Termination Date.” 23. The eighth sentence of Section 3.15 is deleted in its entirety. 24. The first sentence of the third second paragraph of Section 6.02(d) 9.02 is replaced amended by adding the following to the end of the Section: “Notwithstanding anything to the contrary herein, no Unitholder of a Grantor Trust may elect to receive an In Kind Distribution in its entirety connection with the following:termination of such Trust within thirty (30) days of the termination of such Trust.”

Notice and Sale by Trustee. If at any time dividends, interest, principal or other payments, after declared and when due and payable, on any of the Securities shall not have been paid within thirty (30) days, the Trustee shall notify the Depositor thereof. If within thirty (30) days after such notification the Depositor has not given any instruction to sell or to hold or has not taken any other action in connection with such Securities, the Trustee may in its discretion sell such Securities forthwith, and the Trustee shall not be liable or responsible in any way for depreciation or loss incurred by reason of such sale.” 2118. Section 3.10(d)(i) is replaced in its entirety with the following: (i) The Depositor may resign and be discharged hereunder, by executing an instrument in writing resigning as Depositor Dxxxxxxxx and filing the same with the Trustee, not less than sixty (60) days before the date specified in such instrument when such resignation is to take effect. Upon effective resignation hereunder, the resigning Depositor shall be discharged and shall no longer be liable in any manner hereunder except as to acts or omissions occurring prior to such resignation and any successor depositor appointed by the Trustee pursuant to Section 7.01(g) shall thereupon perform all duties and be entitled to all rights under this Indenture. The successor Depositor shall not be under any liability hereunder for occurrences or omissions prior to the execution of such instrument. Notice of such resignation and appointment of a successor depositor shall be delivered by the Trustee to each Unitholder then of record.” 22. The second sentence of Section 3.15 is replaced in its entirety with the following: “For Trusts in which the applicable Prospectus provides for daily accrual of the Creation and Development Fee, the Creation and Development Fee will accrue on a daily basis from the day after the conclusion of the initial offering period through the Trust’s Mandatory Termination Date. Such a Creation and Development Fee will accrue at a daily rate of the total fixed dollar Creation and Development Fee amount stated in the applicable Prospectus divided by the number of days from the day after the conclusion of the initial offering period through the Trust’s Mandatory Termination Date.” 23. The eighth sentence of Section 3.15 is deleted in its entirety. 24. The first sentence of the third paragraph of Section 6.02(d) is replaced in its entirety with the following:

Notice and Sale by Trustee. If at any time dividends, interest, principal or other payments, after declared and when due and payable, on any of the Securities shall not have been paid within thirty (30) days, the Trustee shall notify the Depositor thereof. If within thirty (30) days after such notification the Depositor has not given any instruction to sell or to hold or has not taken any other action in connection with such Securities, the Trustee may in its discretion sell such Securities forthwith, and the Trustee shall not be liable or responsible in any way for depreciation or loss incurred by reason of such sale.” 2119. Section 3.10(d)(i) is replaced in its entirety with the following: (i) The Depositor may resign and be discharged hereunder, by executing an instrument in writing resigning as Depositor Dxxxxxxxx and filing the same with the Trustee, not less than sixty (60) days before the date specified in such instrument when such resignation is to take effect. Upon effective resignation hereunder, the resigning Depositor shall be discharged and shall no longer be liable in any manner hereunder except as to acts or omissions occurring prior to such resignation and any successor depositor appointed by the Trustee pursuant to Section 7.01(g) shall thereupon perform all duties and be entitled to all rights under this Indenture. The successor Depositor shall not be under any liability hereunder for occurrences or omissions prior to the execution of such instrument. Notice of such resignation and appointment of a successor depositor shall be delivered by the Trustee to each Unitholder then of record.” 20. Section 3.13 is hereby deleted in its entirety. 21. The Supervisor’s annual compensation as set forth under Section 4.03 for a Trust shall be that dollar amount per 100 Units set forth under “Estimated Annual Operating Expenses—Supervisor Fee” in the “Fee Table” for the Trust in the Prospectus. 22. Section 6.02(d) is amended by adding the following to the end of the Section: “Notwithstanding anything to the contrary herein, if the Trustee sells, redeems or otherwise liquidates Fund Shares pursuant to this Section 6.02 to satisfy Unit redemptions, the Trustee shall do so, as nearly as practicable, on a pro rata basis among all Securities held by a Trust. Notwithstanding anything to the contrary herein, if a Trust is a Grantor Trust and the Trustee sells, redeems or otherwise liquidates Securities pursuant to this Section 6.02 to satisfy Unit redemptions, the Trustee shall do so, as nearly as practicable, on a pro rata basis among all Securities held by the Trust.” 23. The second sentence Trustee’s annual compensation as set forth under Section 7.04 for a Trust shall be the dollar amount per 100 Units set forth under “Estimated Annual Operating Expenses—Trustee Fee” in the “Fee Table” for the Trust in the Prospectus. 24. The third paragraph of Section 3.15 7.04 is replaced in its entirety with the following: “For Trusts in which Notwithstanding anything to the applicable Prospectus provides for daily accrual of contrary herein, if the Creation and Development FeeTrustee sells or otherwise liquidates Fund Shares pursuant to this Section 7.04, the Creation and Development Fee will accrue Trustee shall do so, as nearly as practicable, on a daily pro rata basis from the day after the conclusion of the initial offering period through the among all Securities held by a Trust’s Mandatory Termination Date. Such a Creation and Development Fee will accrue at a daily rate of the total fixed dollar Creation and Development Fee amount stated in the applicable Prospectus divided by the number of days from the day after the conclusion of the initial offering period through the Trust’s Mandatory Termination Date.” 2325. The eighth sentence of Section 3.15 is deleted in its entirety. 24. The first sentence of the third second paragraph of Section 6.02(d) 9.02 is replaced amended by adding the following to the end of the Section: “Notwithstanding anything to the contrary herein, no Unitholder of a Grantor Trust may elect to receive an In Kind Distribution in its entirety connection with the following:termination of such Trust within thirty (30) days of the termination of such Trust.”

Notice and Sale by Trustee. If at any time dividends, interest, principal or other payments, after declared and when due and payable, on any of the Securities shall not have been paid within thirty (30) days, the Trustee shall notify the Depositor thereof. If within thirty (30) days after such notification the Depositor has not given any instruction to sell or to hold or has not taken any other action in connection with such Securities, the Trustee may in its discretion sell such Securities forthwith, and the Trustee shall not be liable or responsible in any way for depreciation or loss incurred by reason of such sale.” 2119. Section 3.10(d)(i) is replaced in its entirety with the following: (i) The Depositor may resign and be discharged hereunder, by executing an instrument in writing resigning as Depositor and filing the same with the Trustee, not less than sixty (60) days before the date specified in such instrument when such resignation is to take effect. Upon effective resignation hereunder, the resigning Depositor shall be discharged and shall no longer be liable in any manner hereunder except as to acts or omissions occurring prior to such resignation and any successor depositor appointed by the Trustee pursuant to Section 7.01(g) shall thereupon perform all duties and be entitled to all rights under this Indenture. The successor Depositor shall not be under any liability hereunder for occurrences or omissions prior to the execution of such instrument. Notice of such resignation and appointment of a successor depositor shall be delivered by the Trustee to each Unitholder then of record.” 20. Section 3.13 is hereby deleted in its entirety. 21. The Supervisor’s annual compensation as set forth under Section 4.03 for a Trust shall be that dollar amount per 100 Units set forth under “Estimated Annual Operating Expenses—Supervisor Fee” in the “Fee Table” for the Trust in the Prospectus. 22. Section 6.02(d) is amended by adding the following to the end of the Section: “Notwithstanding anything to the contrary herein, if the Trustee sells, redeems or otherwise liquidates Fund Shares pursuant to this Section 6.02 to satisfy Unit redemptions, the Trustee shall do so, as nearly as practicable, on a pro rata basis among all Securities held by a Trust. Notwithstanding anything to the contrary herein, if a Trust is a Grantor Trust and the Trustee sells, redeems or otherwise liquidates Securities pursuant to this Section 6.02 to satisfy Unit redemptions, the Trustee shall do so, as nearly as practicable, on a pro rata basis among all Securities held by the Trust.” 23. The second sentence Trustee’s annual compensation as set forth under Section 7.04 for a Trust shall be the dollar amount per 100 Units set forth under “Estimated Annual Operating Expenses—Trustee Fee” in the “Fee Table” for the Trust in the Prospectus. 24. The third paragraph of Section 3.15 7.04 is replaced in its entirety with the following: “For Trusts in which Notwithstanding anything to the applicable Prospectus provides for daily accrual of contrary herein, if the Creation and Development FeeTrustee sells or otherwise liquidates Fund Shares pursuant to this Section 7.04, the Creation and Development Fee will accrue Trustee shall do so, as nearly as practicable, on a daily pro rata basis from the day after the conclusion of the initial offering period through the among all Securities held by a Trust’s Mandatory Termination Date. Such a Creation and Development Fee will accrue at a daily rate of the total fixed dollar Creation and Development Fee amount stated in the applicable Prospectus divided by the number of days from the day after the conclusion of the initial offering period through the Trust’s Mandatory Termination Date.” 2325. The eighth sentence of Section 3.15 is deleted in its entirety. 24. The first sentence of the third second paragraph of Section 6.02(d) 9.02 is replaced amended by adding the following to the end of the Section: “Notwithstanding anything to the contrary herein, no Unitholder of a Grantor Trust may elect to receive an In Kind Distribution in its entirety connection with the following:termination of such Trust within thirty (30) days of the termination of such Trust.” In Witness Whereof, the parties hereto have caused this Trust Agreement to be duly executed on the date first above written. The Bank of New York Mellon By: /s/ MXXXXXXXX XXXXXXXXXXX Hxxxxxx & Wxxxx, Inc. By: /s/ KXXXX X. XXXX Hxxxxxx & Wxxxx Asset Management Inc. By: /s/ KXXXX X. XXXX

Notice and Sale by Trustee. If at any time dividends, interest, principal or other payments, after declared and when due and payable, on any of the Securities shall not have been paid within thirty (30) days, the Trustee shall notify the Depositor thereof. If within thirty (30) days after such notification the Depositor has not given any instruction to sell or to hold or has not taken any other action in connection with such Securities, the Trustee may in its discretion sell such Securities forthwith, and the Trustee shall not be liable or responsible in any way for depreciation or loss incurred by reason of such sale.” 2117. Section 3.10(d)(i) is replaced in its entirety with the following: (i) The Depositor may resign and be discharged hereunder, by executing an instrument in writing resigning as Depositor and filing the same with the Trustee, not less than sixty (60) days before the date specified in such instrument when such resignation is to take effect. Upon effective resignation hereunder, the resigning Depositor shall be discharged and shall no longer be liable in any manner hereunder except as to acts or omissions occurring prior to such resignation and any successor depositor appointed by the Trustee pursuant to Section 7.01(g) shall thereupon perform all duties and be entitled to all rights under this Indenture. The successor Depositor shall not be under any liability hereunder for occurrences or omissions prior to the execution of such instrument. Notice of such resignation and appointment of a successor depositor shall be delivered by the Trustee to each Unitholder then of record.” 18. Section 3.13 is hereby deleted in its entirety. 19. The Supervisor’s annual compensation as set forth under Section 4.03 for a Trust shall be that dollar amount per 100 Units set forth under “Estimated Annual Operating Expenses—Supervisor Fee” in the “Fee Table” for the Trust in the Prospectus. 20. Section 6.02(d) is amended by adding the following to the end of the Section: Notwithstanding anything to the contrary herein, if a Trust is a Grantor Trust and the Trustee sells, redeems or otherwise liquidates Securities pursuant to this Section 6.02 to satisfy Unit redemptions, the Trustee shall do so, as nearly as practicable, on a pro rata basis among all Securities held by the Trust.” 21. The Trustee’s annual compensation as set forth under Section 7.04 for a Trust shall be the dollar amount per 100 Units set forth under “Estimated Annual Operating Expenses—Trustee Fee” in the “Fee Table” for the Trust in the Prospectus. 22. The second sentence third paragraph of Section 3.15 7.04 is replaced in its entirety with the following: “For Trusts in which Notwithstanding anything to the applicable Prospectus provides for daily accrual of contrary herein, if the Creation and Development FeeTrustee sells or otherwise liquidates Fund Shares pursuant to this Section 7.04, the Creation and Development Fee will accrue Trustee shall do so, as nearly as practicable, on a daily pro rata basis from the day after the conclusion of the initial offering period through the among all Securities held by a Trust’s Mandatory Termination Date. Such a Creation and Development Fee will accrue at a daily rate of the total fixed dollar Creation and Development Fee amount stated in the applicable Prospectus divided by the number of days from the day after the conclusion of the initial offering period through the Trust’s Mandatory Termination Date.” 23. The eighth sentence of Section 3.15 is deleted in its entirety. 24. The first sentence of the third second paragraph of Section 6.02(d) 9.02 is replaced amended by adding the following to the end of the Section: “Notwithstanding anything to the contrary herein, no Unitholder of a Grantor Trust may elect to receive an In Kind Distribution in its entirety connection with the following:termination of such Trust within thirty (30) days of the termination of such Trust.” In Witness Whereof, the parties hereto have caused this Trust Agreement to be duly executed on the date first above written. The Bank of New York Mellon By: /s/ XXXXXXX XXXXXXXX Xxxxxxx & Xxxxx, Inc. By: /s/ XXXXX X. XXXX Xxxxxxx & Xxxxx Asset Management Inc. By: /s/ XXXXX X. XXXX

Notice and Sale by Trustee. If at any time dividends, interest, principal or other payments, after declared and when due and payable, on any of the Securities shall not have been paid within thirty (30) days, the Trustee shall notify the Depositor thereof. If within thirty (30) days after such notification the Depositor has not given any instruction to sell or to hold or has not taken any other action in connection with such Securities, the Trustee may in its discretion sell such Securities forthwith, and the Trustee shall not be liable or responsible in any way for depreciation or loss incurred by reason of such sale.” 2117. Section 3.10(d)(i) is replaced in its entirety with the following: (i) The Depositor may resign and be discharged hereunder, by executing an instrument in writing resigning as Depositor and filing the same with the Trustee, not less than sixty (60) days before the date specified in such instrument when such resignation is to take effect. Upon effective resignation hereunder, the resigning Depositor shall be discharged and shall no longer be liable in any manner hereunder except as to acts or omissions occurring prior to such resignation and any successor depositor appointed by the Trustee pursuant to Section 7.01(g) shall thereupon perform all duties and be entitled to all rights under this Indenture. The successor Depositor shall not be under any liability hereunder for occurrences or omissions prior to the execution of such instrument. Notice of such resignation and appointment of a successor depositor shall be delivered by the Trustee to each Unitholder then of record.” 18. Section 3.13 is hereby deleted in its entirety. 19. The Supervisor’s annual compensation as set forth under Section 4.03 for a Trust shall be that dollar amount per 100 Units set forth under “Estimated Annual Operating Expenses—Supervisor Fee” in the “Fee Table” for the Trust in the Prospectus. 20. Section 6.02(d) is amended by adding the following to the end of the Section: “Notwithstanding anything to the contrary herein, if the Trustee sells, redeems or otherwise liquidates Fund Shares pursuant to this Section 6.02 to satisfy Unit redemptions, the Trustee shall do so, as nearly as practicable, on a pro rata basis among all Securities held by a Trust. Notwithstanding anything to the contrary herein, if a Trust is a Grantor Trust and the Trustee sells, redeems or otherwise liquidates Securities pursuant to this Section 6.02 to satisfy Unit redemptions, the Trustee shall do so, as nearly as practicable, on a pro rata basis among all Securities held by the Trust.” 21. The Trustee’s annual compensation as set forth under Section 7.04 for a Trust shall be the dollar amount per 100 Units set forth under “Estimated Annual Operating Expenses—Trustee Fee” in the “Fee Table” for the Trust in the Prospectus. 22. The second sentence third paragraph of Section 3.15 7.04 is replaced in its entirety with the following: “For Trusts in which Notwithstanding anything to the applicable Prospectus provides for daily accrual of contrary herein, if the Creation and Development FeeTrustee sells or otherwise liquidates Fund Shares pursuant to this Section 7.04, the Creation and Development Fee will accrue Trustee shall do so, as nearly as practicable, on a daily pro rata basis from the day after the conclusion of the initial offering period through the among all Securities held by a Trust’s Mandatory Termination Date. Such a Creation and Development Fee will accrue at a daily rate of the total fixed dollar Creation and Development Fee amount stated in the applicable Prospectus divided by the number of days from the day after the conclusion of the initial offering period through the Trust’s Mandatory Termination Date.” 23. The eighth sentence of Section 3.15 is deleted in its entirety. 24. The first sentence of the third second paragraph of Section 6.02(d) 9.02 is replaced amended by adding the following to the end of the Section: “Notwithstanding anything to the contrary herein, no Unitholder of a Grantor Trust may elect to receive an In Kind Distribution in its entirety connection with the following:termination of such Trust within thirty (30) days of the termination of such Trust.” In Witness Whereof, the parties hereto have caused this Trust Agreement to be duly executed on the date first above written. By: /s/ XXXXXXX XXXXXXXX Xxxxxxx & Xxxxx, Inc. By: /s/ XXXXX X. XXXX Xxxxxxx & Xxxxx Asset Management Inc. By: /s/ XXXXX X. XXXX

Notice and Sale by Trustee. If at any time dividends, interest, principal or other payments, after declared and when due and payable, on any of the Securities shall not have been paid within thirty (30) days, the Trustee shall notify the Depositor thereof. If within thirty (30) days after such notification the Depositor has not given any instruction to sell or to hold or has not taken any other action in connection with such Securities, the Trustee may in its discretion sell such Securities forthwith, and the Trustee shall not be liable or responsible in any way for depreciation or loss incurred by reason of such sale.” 2120. Section 3.10(d)(i) is replaced in its entirety with the following: (i) The Depositor may resign and be discharged hereunder, by executing an instrument in writing resigning as Depositor and filing the same with the Trustee, not less than sixty (60) days before the date specified in such instrument when such resignation is to take effect. Upon effective resignation hereunder, the resigning Depositor shall be discharged and shall no longer be liable in any manner hereunder except as to acts or omissions occurring prior to such resignation and any successor depositor appointed by the Trustee pursuant to Section 7.01(g) shall thereupon perform all duties and be entitled to all rights under this Indenture. The successor Depositor shall not be under any liability hereunder for occurrences or omissions prior to the execution of such instrument. Notice of such resignation and appointment of a successor depositor shall be delivered by the Trustee to each Unitholder then of record.” 2221. The second sentence of Section 3.15 is replaced in its entirety with the following: “For Trusts in which the applicable Prospectus provides for daily accrual of the Creation and Development Fee, the Creation and Development Fee will accrue on a daily basis from the day after the conclusion of the initial offering period through the Trust’s Mandatory Termination Date. Such a Creation and Development Fee will accrue at a daily rate of the total fixed dollar Creation and Development Fee amount stated in the applicable Prospectus divided by the number of days from the day after the conclusion of the initial offering period through the Trust’s Mandatory Termination Date.” 2322. The eighth sentence of Section 3.15 is deleted in its entirety. 2423. The first sentence of the third paragraph of Section 6.02(d) is replaced in its entirety with the following:

Notice and Sale by Trustee. If at any time dividends, interest, principal or other payments, after declared and when due and payable, on any of the Securities shall not have been paid within thirty (30) days, the Trustee shall notify the Depositor thereof. If within thirty (30) days after such notification the Depositor has not given any instruction to sell or to hold or has not taken any other action in connection with such Securities, the Trustee may in its discretion sell such Securities forthwith, and the Trustee shall not be liable or responsible in any way for depreciation or loss incurred by reason of such sale.” 2120. Section 3.10(d)(i) is replaced in its entirety with the following: : ” (id)(i) The Depositor may resign and be discharged hereunder, by executing an instrument in writing resigning as Depositor Dxxxxxxxx and filing the same with the Trustee, not less than sixty (60) days before the date specified in such instrument when such resignation is to take effect. Upon effective resignation hereunder, the resigning Depositor shall be discharged and shall no longer be liable in any manner hereunder except as to acts or omissions occurring prior to such resignation and any successor depositor appointed by the Trustee pursuant to Section 7.01(g) shall thereupon perform all duties and be entitled to all rights under this Indenture. The successor Depositor shall not be under any liability hereunder for occurrences or omissions prior to the execution of such instrument. Notice of such resignation and appointment of a successor depositor shall be delivered by the Trustee to each Unitholder then of record.” 22. The second sentence of Section 3.15 is replaced in its entirety with the following: “For Trusts in which the applicable Prospectus provides for daily accrual of the Creation and Development Fee, the Creation and Development Fee will accrue on a daily basis from the day after the conclusion of the initial offering period through the Trust’s Mandatory Termination Date. Such a Creation and Development Fee will accrue at a daily rate of the total fixed dollar Creation and Development Fee amount stated in the applicable Prospectus divided by the number of days from the day after the conclusion of the initial offering period through the Trust’s Mandatory Termination Date.” 23. The eighth sentence of Section 3.15 is deleted in its entirety. 24. The first sentence of the third paragraph of Section 6.02(d) is replaced in its entirety with the following:

Notice and Sale by Trustee. If at any time dividends, interest, principal or other payments, after declared and when due and payable, on any of the Securities shall not have been paid within thirty (30) days, the Trustee shall notify the Depositor thereof. If within thirty (30) days after such notification the Depositor has not given any instruction to sell or to hold or has not taken any other action in connection with such Securities, the Trustee may in its discretion sell such Securities forthwith, and the Trustee shall not be liable or responsible in any way for depreciation or loss incurred by reason of such sale.” 2119. Section 3.10(d)(i) is replaced in its entirety with the following: (i) The Depositor may resign and be discharged hereunder, by executing an instrument in writing resigning as Depositor Xxxxxxxxx and filing the same with the Trustee, not less ​ than sixty (60) days before the date specified in such instrument when such resignation is to take effect. Upon effective resignation hereunder, the resigning Depositor shall be discharged and shall no longer be liable in any manner hereunder except as to acts or omissions occurring prior to such resignation and any successor depositor appointed by the Trustee pursuant to Section 7.01(g) shall thereupon perform all duties and be entitled to all rights under this Indenture. The successor Depositor shall not be under any liability hereunder for occurrences or omissions prior to the execution of such instrument. Notice of such resignation and appointment of a successor depositor shall be delivered by the Trustee to each Unitholder then of record.” 20. Section 3.13 is hereby deleted in its entirety. 21. The Supervisor’s annual compensation as set forth under Section 4.03 for a Trust shall be that dollar amount per 100 Units set forth under “Estimated Annual Operating Expenses—Supervisor Fee” in the “Fee Table” for the Trust in the Prospectus. 22. Section 6.02(d) is amended by adding the following to the end of the Section: “Notwithstanding anything to the contrary herein, if the Trustee sells, redeems or otherwise liquidates Fund Shares pursuant to this Section 6.02 to satisfy Unit redemptions, the Trustee shall do so, as nearly as practicable, on a pro rata basis among all Securities held by a Trust. Notwithstanding anything to the contrary herein, if a Trust is a Grantor Trust and the Trustee sells, redeems or otherwise liquidates Securities pursuant to this Section 6.02 to satisfy Unit redemptions, the Trustee shall do so, as nearly as practicable, on a pro rata basis among all Securities held by the Trust.” 23. The second sentence Trustee’s annual compensation as set forth under Section 7.04 for a Trust shall be the dollar amount per 100 Units set forth under “Estimated Annual Operating Expenses—Trustee Fee” in the “Fee Table” for the Trust in the Prospectus. 24. The third paragraph of Section 3.15 7.04 is replaced in its entirety with the following: “For Trusts in which Notwithstanding anything to the applicable Prospectus provides for daily accrual of contrary herein, if the Creation and Development FeeTrustee sells or otherwise liquidates Fund Shares pursuant to this Section 7.04, the Creation and Development Fee will accrue Trustee shall do so, as nearly as practicable, on a daily pro rata basis from the day after the conclusion of the initial offering period through the among all Securities held by a Trust’s Mandatory Termination Date. Such a Creation and Development Fee will accrue at a daily rate of the total fixed dollar Creation and Development Fee amount stated in the applicable Prospectus divided by the number of days from the day after the conclusion of the initial offering period through the Trust’s Mandatory Termination Date.” 2325. The eighth sentence of Section 3.15 is deleted in its entirety. 24. The first sentence of the third second paragraph of Section 6.02(d) 9.02 is replaced in its entirety with amended by adding the followingfollowing to the end of the Section:

Notice and Sale by Trustee. If at any time dividends, interest, principal or other payments, after declared and when due and payable, on any of the Securities shall not have been paid within thirty (30) days, the Trustee shall notify the Depositor thereof. If within thirty (30) days after such notification the Depositor has not given any instruction to sell or to hold or has not taken any other action in connection with such Securities, the Trustee may in its discretion sell such Securities forthwith, and the Trustee shall not be liable or responsible in any way for depreciation or loss incurred by reason of such sale.” 2118. Section 3.10(d)(i) is replaced in its entirety with the following: (i) The Depositor may resign and be discharged hereunder, by executing an instrument in writing resigning as Depositor and filing the same with the Trustee, not less than sixty (60) days before the date specified in such instrument when such resignation is to take effect. Upon effective resignation hereunder, the resigning Depositor shall be discharged and shall no longer be liable in any manner hereunder except as to acts or omissions occurring prior to such resignation and any successor depositor appointed by the Trustee pursuant to Section 7.01(g) shall thereupon perform all duties and be entitled to all rights under this Indenture. The successor Depositor shall not be under any liability hereunder for occurrences or omissions prior to the execution of such instrument. Notice of such resignation and appointment of a successor depositor shall be delivered by the Trustee to each Unitholder then of record.” 19. Section 3.13 is hereby deleted in its entirety. 20. The Supervisor’s annual compensation as set forth under Section 4.03 for a Trust shall be that dollar amount per 100 Units set forth under “Estimated Annual Operating Expenses—Supervisor Fee” in the “Fee Table” for the Trust in the Prospectus. 21. Section 6.02(d) is amended by adding the following to the end of the Section: “Notwithstanding anything to the contrary herein, if the Trustee sells, redeems or otherwise liquidates Fund Shares pursuant to this Section 6.02 to satisfy Unit redemptions, the Trustee shall do so, as nearly as practicable, on a pro rata basis among all Securities held by a Trust. Notwithstanding anything to the contrary herein, if a Trust is a Grantor Trust and the Trustee sells, redeems or otherwise liquidates Securities pursuant to this Section 6.02 to satisfy Unit redemptions, the Trustee shall do so, as nearly as practicable, on a pro rata basis among all Securities held by the Trust.” 22. The second sentence Trustee’s annual compensation as set forth under Section 7.04 for a Trust shall be the dollar amount per 100 Units set forth under “Estimated Annual Operating Expenses—Trustee Fee” in the “Fee Table” for the Trust in the Prospectus. 23. The third paragraph of Section 3.15 7.04 is replaced in its entirety with the following: “For Trusts in which Notwithstanding anything to the applicable Prospectus provides for daily accrual of contrary herein, if the Creation and Development FeeTrustee sells or otherwise liquidates Fund Shares pursuant to this Section 7.04, the Creation and Development Fee will accrue Trustee shall do so, as nearly as practicable, on a daily pro rata basis from the day after the conclusion of the initial offering period through the among all Securities held by a Trust’s Mandatory Termination Date. Such a Creation and Development Fee will accrue at a daily rate of the total fixed dollar Creation and Development Fee amount stated in the applicable Prospectus divided by the number of days from the day after the conclusion of the initial offering period through the Trust’s Mandatory Termination Date.” 23. The eighth sentence of Section 3.15 is deleted in its entirety. 24. The first sentence of the third second paragraph of Section 6.02(d) 9.02 is replaced amended by adding the following to the end of the Section: “Notwithstanding anything to the contrary herein, no Unitholder of a Grantor Trust may elect to receive an In Kind Distribution in its entirety connection with the following:termination of such Trust within thirty (30) days of the termination of such Trust.”

Notice and Sale by Trustee. If at any time dividends, interest, principal or other payments, after declared and when due and payable, payable on any of the Securities shall not have been paid within thirty (30) days, the Trustee shall notify the Depositor thereof. If within thirty (30) days after such notification the Depositor has not given any instruction to sell or to hold or has not taken any other action in connection with such Securities, the Trustee may in its discretion sell such Securities forthwith, and the Trustee shall not be liable or responsible in any way for depreciation or loss incurred by reason of such sale.” 2126. Section 3.10(d)(i) of the Standard Terms and Conditions of Trust is replaced in its entirety with the following: (i) The Depositor may resign and be discharged hereunder, by executing an instrument in writing resigning as Depositor and filing the same with the Trustee, not less than sixty (60) days before the date specified in such instrument when such resignation is to take effect. Upon effective resignation hereunder, the resigning Depositor shall be discharged and shall no longer be liable in any manner hereunder except as to acts or omissions occurring prior to such resignation and any successor depositor appointed by the Trustee pursuant to Section 7.01(g) shall thereupon perform all duties and be entitled to all rights under this Indenture. The successor Depositor shall not be under any liability hereunder for occurrences or omissions prior to the execution of such instrument. Notice of such resignation and appointment of a successor depositor shall be delivered by the Trustee to each Unitholder then of record.” 2227. The second sentence first paragraph of Section 3.15 is 3.11 of the Standard Terms and Conditions of Trust shall be replaced in its entirety with the following: “For Trusts in which In the applicable Prospectus provides for daily accrual event that the Trustee shall have been notified at any time of any action to be taken or proposed to be taken by holders of the Creation and Development FeeSecurities (including but not limited to the making of any demand, direction, request, giving of any notice, consent or waiver or the voting with respect to any matter relating to the Securities), the Creation Trustee shall promptly notify the Depositor and Development Fee will accrue on a daily basis shall thereupon take such action or refrain from taking any action as the day after Depositor shall in writing direct which includes electronic communication; provided, however, that if the conclusion Depositor shall not within five (5) Business Days of the initial offering period through giving of such notice to the Depositor direct the Trustee to take or refrain from taking any action, the Trustee shall take such action or refrain from taking any action, (i) so as to insure that the Equity Securities are voted as closely as possible in the same manner and the same general proportion, with respect to all issues, as are shares of such Equity Securities that are held by owners other than the Trust and (ii) as it, in its sole discretion, shall deem advisable with respect to the Bonds. Notwithstanding the foregoing, in the event that the Trustee shall have been notified at any time of any action to be taken or proposed to be taken by holders of Fund Shares (including but not limited to the making of any demand, direction, request, giving of any notice, consent or waiver or the voting with respect to any matter relating to the Equity Securities), the Trustee shall promptly notify the Depositor and shall thereupon take such reasonable action or refrain from taking any action with respect to the Fund Shares so that the Fund Shares are voted as closely as possible in the same manner and the same general proportion, with respect to all issues, as are shares of such Fund Shares that are held by owners other than the Trust’s Mandatory Termination Date. Such a Creation and Development Fee will accrue at a daily rate of the total fixed dollar Creation and Development Fee amount stated in the applicable Prospectus divided by the number of days from the day after the conclusion of the initial offering period through the Trust’s Mandatory Termination Date.” 2328. The eighth sentence Standard Terms and Conditions of Section 3.15 is deleted in its entirety. 24. The first sentence of Trust shall be amended to include the third paragraph of Section 6.02(d) is replaced in its entirety with the followingfollowing sections:

Notice and Sale by Trustee. If at any time dividends, interest, principal or other payments, after declared and when due and payable, on any of the Securities shall not have been paid within thirty (30) days, the Trustee shall notify the Depositor thereof. If within thirty (30) days after such notification the Depositor has not given any instruction to sell or to hold or has not taken any other action in connection with such Securities, the Trustee may in its discretion sell such Securities forthwith, and the Trustee shall not be liable or responsible in any way for depreciation or loss incurred by reason of such sale.” 21. Section 3.10(d)(i) is replaced in its entirety with the following: (i) The Depositor may resign and be discharged hereunder, by executing an instrument in writing resigning as Depositor and filing the same with the Trustee, not less than sixty (60) days before the date specified in such instrument when such resignation is to take effect. Upon effective resignation hereunder, the resigning Depositor shall be discharged and shall no longer be liable in any manner hereunder except as to acts or omissions occurring prior to such resignation and any successor depositor appointed by the Trustee pursuant to Section 7.01(g) shall thereupon perform all duties and be entitled to all rights under this Indenture. The successor Depositor shall not be under any liability hereunder for occurrences or omissions prior to the execution of such instrument. Notice of such resignation and appointment of a successor depositor shall be delivered by the Trustee to each Unitholder then of record.” 22. The second sentence of Section 3.15 is replaced in its entirety with the following: “For Trusts in which the applicable Prospectus provides for daily accrual of the Creation and Development Fee, the Creation and Development Fee will accrue on a daily basis from the day after the conclusion of the initial offering period through the Trust’s Mandatory Termination Date. Such a Creation and Development Fee will accrue at a daily rate of the total fixed dollar Creation and Development Fee amount stated in the applicable Prospectus divided by the number of days from the day after the conclusion of the initial offering period through the Trust’s Mandatory Termination Date.” 23. The eighth sentence of Section 3.15 is deleted in its entirety. 24. The first sentence of the third paragraph of Section 6.02(d) is replaced in its entirety with the following:

Notice and Sale by Trustee. If at any time dividends, interest, principal or other payments, after declared and when due and payable, on any of the Securities shall not have been paid within thirty (30) days, the Trustee shall notify the Depositor thereof. If within thirty (30) days after such notification the Depositor has not given any instruction to sell or to hold or has not taken any other action in connection with such Securities, the Trustee may in its discretion sell such Securities forthwith, and the Trustee shall not be liable or responsible in any way for depreciation or loss incurred by reason of such sale.” 2117. Section 3.10(d)(i3.10(d) (i) is replaced in its entirety with the following: (i) The Depositor may resign and be discharged hereunder, by executing an instrument in writing resigning as Depositor and filing the same with the Trustee, not less than sixty (60) days before the date specified in such instrument when such resignation is to take effect. Upon effective resignation hereunder, the resigning Depositor shall be discharged and shall no longer be liable in any manner hereunder except as to acts or omissions occurring prior to such resignation and any successor depositor appointed by the Trustee pursuant to Section 7.01(g) shall thereupon perform all duties and be entitled to all rights under this Indenture. The successor Depositor shall not be under any liability hereunder for occurrences or omissions prior to the execution of such instrument. Notice of such resignation and appointment of a successor depositor shall be delivered by the Trustee to each Unitholder then of record.” 22. The second sentence of Section 3.15 is replaced in its entirety with the following: “For Trusts in which the applicable Prospectus provides for daily accrual of the Creation and Development Fee, the Creation and Development Fee will accrue on a daily basis from the day after the conclusion of the initial offering period through the Trust’s Mandatory Termination Date. Such a Creation and Development Fee will accrue at a daily rate of the total fixed dollar Creation and Development Fee amount stated in the applicable Prospectus divided by the number of days from the day after the conclusion of the initial offering period through the Trust’s Mandatory Termination Date.” 23. The eighth sentence of Section 3.15 is deleted in its entirety. 24. The first sentence of the third paragraph of Section 6.02(d) is replaced in its entirety with the following:

Notice and Sale by Trustee. If at any time dividends, interest, principal or other payments, after declared and when due and payable, on any of the Securities shall not have been paid within thirty (30) days, the Trustee shall notify the Depositor thereof. If within thirty (30) days after such notification the Depositor has not given any instruction to sell or to hold or has not taken any other action in connection with such Securities, the Trustee may in its discretion sell such Securities forthwith, and the Trustee shall not be liable or responsible in any way for depreciation or loss incurred by reason of such sale.” 2119. Section 3.10(d)(i) is replaced in its entirety with the following: (i) The Depositor may resign and be discharged hereunder, by executing an instrument in writing resigning as Depositor Xxxxxxxxx and filing the same with the Trustee, not less than sixty (60) days before the date specified in such instrument when such resignation is to take effect. Upon effective resignation hereunder, the resigning Depositor shall be discharged and shall no longer be liable in any manner hereunder except as to acts or omissions occurring prior to such resignation and any successor depositor appointed by the Trustee pursuant to Section 7.01(g) shall thereupon perform all duties and be entitled to all rights under this Indenture. The successor Depositor shall not be under any liability hereunder for occurrences or omissions prior to the execution of such instrument. Notice of such resignation and appointment of a successor depositor shall be delivered by the Trustee to each Unitholder then of record.” 20. Section 3.13 is hereby deleted in its entirety. 21. The Supervisor’s annual compensation as set forth under Section 4.03 for a Trust shall be that dollar amount per 100 Units set forth under “Estimated Annual Operating Expenses—Supervisor Fee” in the “Fee Table” for the Trust in the Prospectus. 22. Section 6.02(d) is amended by adding the following to the end of the Section: “Notwithstanding anything to the contrary herein, if the Trustee sells, redeems or otherwise liquidates Fund Shares pursuant to this Section 6.02 to satisfy Unit redemptions, the Trustee shall do so, as nearly as practicable, on a pro rata basis among all Securities held by a Trust. Notwithstanding anything to the contrary herein, if a Trust is a Grantor Trust and the Trustee sells, redeems or otherwise liquidates Securities pursuant to this Section 6.02 to satisfy Unit redemptions, the Trustee shall do so, as nearly as practicable, on a pro rata basis among all Securities held by the Trust.” 23. The second sentence Trustee’s annual compensation as set forth under Section 7.04 for a Trust shall be the dollar amount per 100 Units set forth under “Estimated Annual Operating Expenses—Trustee Fee” in the “Fee Table” for the Trust in the Prospectus. 24. The third paragraph of Section 3.15 7.04 is replaced in its entirety with the following: “For Trusts in which Notwithstanding anything to the applicable Prospectus provides for daily accrual of contrary herein, if the Creation and Development FeeTrustee sells or otherwise liquidates Fund Shares pursuant to this Section 7.04, the Creation and Development Fee will accrue Trustee shall do so, as nearly as practicable, on a daily pro rata basis from the day after the conclusion of the initial offering period through the among all Securities held by a Trust’s Mandatory Termination Date. Such a Creation and Development Fee will accrue at a daily rate of the total fixed dollar Creation and Development Fee amount stated in the applicable Prospectus divided by the number of days from the day after the conclusion of the initial offering period through the Trust’s Mandatory Termination Date.” 2325. The eighth sentence of Section 3.15 is deleted in its entirety. 24. The first sentence of the third second paragraph of Section 6.02(d) 9.02 is replaced amended by adding the following to the end of the Section: “Notwithstanding anything to the contrary herein, no Unitholder of a Grantor Trust may elect to receive an In Kind Distribution in its entirety connection with the following:termination of such Trust within thirty (30) days of the termination of such Trust.”

Notice and Sale by Trustee. If at any time dividends, interest, principal or other payments, after declared and when due and payable, on any of the Securities shall not have been paid within thirty (30) days, the Trustee shall notify the Depositor thereof. If within thirty (30) days after such notification the Depositor has not given any instruction to sell or to hold or has not taken any other action in connection with such Securities, the Trustee may in its discretion sell such Securities forthwith, and the Trustee shall not be liable or responsible in any way for depreciation or loss incurred by reason of such sale.” 2118. Section 3.10(d)(i) is replaced in its entirety with the following: (i) The Depositor may resign and be discharged hereunder, by executing an instrument in writing resigning as Depositor and filing the same with the Trustee, not less than sixty (60) days before the date specified in such instrument when such resignation is to take effect. Upon effective resignation hereunder, the resigning Depositor shall be discharged and shall no longer be liable in any manner hereunder except as to acts or omissions occurring prior to such resignation and any successor depositor appointed by the Trustee pursuant to Section 7.01(g) shall thereupon perform all duties and be entitled to all rights under this Indenture. The successor Depositor shall not be under any liability hereunder for occurrences or omissions prior to the execution of such instrument. Notice of such resignation and appointment of a successor depositor shall be delivered by the Trustee to each Unitholder then of record.” 22. The second sentence of Section 3.15 is replaced in its entirety with the following: “For Trusts in which the applicable Prospectus provides for daily accrual of the Creation and Development Fee, the Creation and Development Fee will accrue on a daily basis from the day after the conclusion of the initial offering period through the Trust’s Mandatory Termination Date. Such a Creation and Development Fee will accrue at a daily rate of the total fixed dollar Creation and Development Fee amount stated in the applicable Prospectus divided by the number of days from the day after the conclusion of the initial offering period through the Trust’s Mandatory Termination Date.” 23. The eighth sentence of Section 3.15 is deleted in its entirety. 2419. The first sentence of the third paragraph of Section 6.02(d) is replaced in its entirety with the following:

Notice and Sale by Trustee. If at any time dividends, interest, principal or other payments, after declared and when due and payable, on any of the Securities shall not have been paid within thirty (30) days, the Trustee shall notify the Depositor thereof. If within thirty (30) days after such notification the Depositor has not given any instruction to sell or to hold or has not taken any other action in connection with such Securities, the Trustee may in its discretion sell such Securities forthwith, and the Trustee shall not be liable or responsible in any way for depreciation or loss incurred by reason of such sale.” 2117. Section 3.10(d)(i) is replaced in its entirety with the following: (i) The Depositor may resign and be discharged hereunder, by executing an instrument in writing resigning as Depositor and filing the same with the Trustee, not less than sixty (60) days before the date specified in such instrument when such resignation is to take effect. Upon effective resignation hereunder, the resigning Depositor shall be discharged and shall no longer be liable in any manner hereunder except as to acts or omissions occurring prior to such resignation and any successor depositor appointed by the Trustee pursuant to Section 7.01(g) shall thereupon perform all duties and be entitled to all rights under this Indenture. The successor Depositor shall not be under any liability hereunder for occurrences or omissions prior to the execution of such instrument. Notice of such resignation and appointment of a successor depositor shall be delivered by the Trustee to each Unitholder then of record.” 18. Section 3.13 is hereby deleted in its entirety. 19. The Supervisor’s annual compensation as set forth under Section 4.03 for a Trust shall be that dollar amount per 100 Units set forth under “Estimated Annual Operating Expenses—Supervisor Fee” in the “Fee Table” for the Trust in the Prospectus. 20. Section 6.02(d) is amended by adding the following to the end of the Section: “Notwithstanding anything to the contrary herein, if the Trustee sells, redeems or otherwise liquidates Fund Shares pursuant to this Section 6.02 to satisfy Unit redemptions, the Trustee shall do so, as nearly as practicable, on a pro rata basis among all Securities held by a Trust. “Notwithstanding anything to the contrary herein, if a Trust is a Grantor Trust and the Trustee sells, redeems or otherwise liquidates Securities pursuant to this Section 6.02 to satisfy Unit redemptions, the Trustee shall do so, as nearly as practicable, on a pro rata basis among all Securities held by the Trust.” 21. The Trustee’s annual compensation as set forth under Section 7.04 for a Trust shall be the dollar amount per 100 Units set forth under “Estimated Annual Operating Expenses—Trustee Fee” in the “Fee Table” for the Trust in the Prospectus. 22. The second sentence third paragraph of Section 3.15 7.04 is replaced in its entirety with the following: “For Trusts in which Notwithstanding anything to the applicable Prospectus provides for daily accrual of contrary herein, if the Creation and Development FeeTrustee sells or otherwise liquidates Fund Shares pursuant to this Section 7.04, the Creation and Development Fee will accrue Trustee shall do so, as nearly as practicable, on a daily pro rata basis from the day after the conclusion of the initial offering period through the among all Securities held by a Trust’s Mandatory Termination Date. Such a Creation and Development Fee will accrue at a daily rate of the total fixed dollar Creation and Development Fee amount stated in the applicable Prospectus divided by the number of days from the day after the conclusion of the initial offering period through the Trust’s Mandatory Termination Date.” 23. The eighth sentence of Section 3.15 is deleted in its entirety. 24. The first sentence of the third second paragraph of Section 6.02(d) 9.02 is replaced in its entirety with amended by adding the followingfollowing to the end of the Section: