Exhibit 1.1(b)
XXXXXX UNIT INVESTMENT TRUSTS, SERIES 58
TRUST AGREEMENT
Dated: May 22, 1997
This Trust Agreement between Xxxxxx & Associates, Inc., as Depositor
and Evaluator, and The Bank of New York, as Trustee, sets forth certain
provisions in full and incorporates other provisions by reference to the
document entitled "Standard Terms and Conditions of Trust for Government
Securities Trusts Sponsored by EVEREN Unit Investment Trusts, a service
of EVEREN Securities, Inc., Effective: May 8, 1996" (herein called the
"Standard Terms and Conditions of Trust") and such provisions as are set
forth in full and such provisions as are incorporated by reference
constitute a single instrument. All references herein to Articles and
Sections are to Articles and Sections of the Standard Terms and
Conditions of Trust.
WITNESSETH THAT:
In consideration of the premises and of the mutual agreements herein
contained, the Depositor and the Trustee and the Evaluator agree as
follows:
PART I
STANDARD TERMS AND CONDITIONS OF TRUST
Subject to the Provisions of Part ii hereof, all the provisions
contained in the Standard Terms and Conditions of Trust are herein
incorporated by reference in their entirety and shall be deemed to be a
part of this instrument as fully and to the same extent as though said
provisions had been set forth in full in this instrument.
PART II
SPECIAL TERMS AND CONDITIONS OF TRUST
The following special terms and conditions are hereby agreed to:
(a) The Securities defined in Section 1.01(15), listed in
Schedule A hereto, have been deposited in trust under this Trust
Agreement.
(b) The fractional undivided interest in and ownership of each
Trust Fund represented by each Unit is the amount set forth under
"Essential Information-Fractional Undivided Interest per Unit" in
the Prospectus.
(c) The number of Units in each Trust is that amount set forth
under "Essential Information-Number of Units" in the Prospectus.
(d) The "First General Record Date" shall be the first "Record
Date" set forth under "Essential Information" in the Prospectus.
(e) The amount of the second distribution of funds from the
Interest Account shall be that amount set forth under "Essential
Information-Interest Payments-First Payment per Unit" for each Trust
in the Prospectus.
(f) The term "Trust" as defined in Section 1.01(17) shall
include "GNMA Portfolio, Series 8" and GNMA Portfolio, Series 9" as
defined in the Prospectus.
(g) Sections 1.01(4) and (6) shall be replaced with the
following:
(4) "Depositor" shall mean Xxxxxx & Associates, Inc. and
its successors in interest, or any successor depositor
appointed as hereinafter provided.
(6) "Evaluator" shall mean Xxxxxx & Associates, Inc. and
its successors in interest, or any successor evaluator
appointed as hereinafter provided.
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IN WITNESS WHEREOF, the parties hereto have caused this Trust
Agreement to be duly executed.
XXXXXX & ASSOCIATES, INC., Depositor
and Evaluator
By XXXXX X. XXXXXXXXX
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President
THE BANK OF NEW YORK, Trustee
By XXX XXXXXX
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Vice President
SCHEDULE A
BONDS INITIALLY DEPOSITED
XXXXXX UNIT INVESTMENT TRUSTS, SERIES 58
(Note: Incorporated herein and made a part hereof is the
"Portfolio" as set forth in the Prospectus for each Trust.)
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