INSURED MUNICIPAL SECURITIES TRUST
SERIES 13
AMENDED REFERENCE TRUST AGREEMENT
This Amended Reference Trust Agreement, dated December 5, 1988 among
Bear, Xxxxxxx & Co. Inc., as Depositor, United States Trust Company of New
York, as Trustee and Standard & Poor's Corporation, as Evaluator amends that
certain "Insured Municipal Securities Trust 9th Discount Series (and subsequent
Series), Trust Indenture And Agreement" dated April 11, 1985 (the "Indenture"),
as amended by that certain "Insured Municipal Securities Trust Series 13,
Reference Trust Agreement dated December 1, 1988 among Bear, Xxxxxxx & Co.
Inc., as Depositor, United States Trust Company of New York, as Trustee and
Standard & Poor's Corporation, as Evaluator (the "Reference Trust Agreement").
WITNESSETH THAT:
Pursuant to the provisions of Section 9.01 of the Indenture, the
Depositor, Trustee and Evaluator hereby agree to amend the Reference Trust
Agreement in order to correct certain typographical errors contained in that
Agreement and to restate certain portions of that Agreement so as to reflect
properly the intent of the parties hereto. The parties hereto, therefore, agree
as follows:
That paragraphs (j) and (k) of Part II of the Reference Trust
Agreement be amended in their entirety to read as follows:
"(j) For purposes of Section 6.04, the Trustee shall be paid per
annum $.97 per $1,000 principal amount of Bonds for that portion of the Trust
under the monthly distribution plan, $.51 per $1,000 principal amount of Bonds
for that portion of the Trust under the semi-annual distribution plan and $.33
per $1,000 principal amount of Bonds for that portion of the Trust under the
annual distribution plan. During the first year after the date hereof, such
payments to the Trustee will be reduced by a portion [a maximum of $.80 per
Unit times the number of Units on the monthly distribution plan, $.51 per Unit
plus $.29 of Trust expenses (to be assumed and paid by the Trustee) times the
number of Units on the semi-annual distribution plan and $.33 per Unit plus
$.47 of Trust expenses (to be assumed and paid by the Trustee) times the number
of Units of the annual distribution plan) of the amount of interest which
accrues on any "when, as and if issued" Bonds between the first settlement date
of the Trust and the respective dates of delivery of such Bonds.
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(k) For purposes of Section 7.04, the Depositor's maximum annual fee
is hereby specified to be $.25 per $1,000 principal amount of Bonds in the
Trust."
IN WITNESS WHEREOF, the parties hereto have caused this Amended
Reference Trust Agreement to be duly executed on the date first written above.
[Signatures on separate pages)
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BEAR, XXXXXXX & CO. INC.
Depositor
By:---------------------
Authorized Signator
STATE OF NEW YORK )
: ss.:
COUNTY OF NEW YORK )
On this 6th day of December, 1988, before me personally appeared
Xxxxx XxXxxxx, to me known, who being by me duly sworn, said that he is an
Authorized Signator of Bear, Xxxxxxx & Co. Inc., one of the corporations
described in and which executed the foregoing instrument, and that he signed
his name thereto by authority of the Board of Directors of said corporation.
-----------------------------
Notary Public
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UNITED STATES TRUST COMPANY OF NEW YORK
Trustee
By:------------------------------------
Assistant Vice President
STATE OF NEW YORK )
: ss.:
COUNTY OF NEW YORK )
On this 6th day of December, 1988, before me personally appeared
Xxxxxx Xxxxxxxx, to me known, who being by me duly sworn, said that he is an
Authorized Signator of United States Trust Company of New York, one of the
corporations described in and which executed the foregoing instrument; that he
knows the seal of said corporation; that the seal affixed to said instrument is
such corporate seal; that it was so affixed by authority of the Board of
Directors of said corporation and that he signed his name thereto by like
authority.
------------------------------
Notary Public
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STANDARD & POOR'S CORPORATION
Evaluator
By:--------------------------
Vice President
SEAL
ATTEST:
----------------------------
(Assistant) Secretary
C/M 11939.0001 408532.1
