EXHIBIT 1.1
XXX XXXXXX FOCUS PORTFOLIOS,
SERIES 265
TRUST AGREEMENT
Dated: January 12, 2001
This Trust Agreement among Xxx Xxxxxx Funds Inc., as Depositor, The
Bank of New York, as Custodian, Integrity Life Insurance Company, as
Administrator, American Portfolio Evaluation Services, a division of Xxx Xxxxxx
Investment Advisory Corp., as Evaluator and Xxx Xxxxxx Investment Advisory
Corp., as Supervisory Servicer, sets forth certain provisions in full and
incorporates other provisions by reference to the document entitled "Standard
Terms and Conditions of Trust For Xxx Xxxxxx Life Portfolios, Effective for Unit
Investment Trusts Established On and After January 12, 2001" (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, Custodian, Administrator, Evaluator and Supervisory
Servicer 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:
1. The Securities defined in Section 1.01(23), listed in the
Schedules hereto, have been deposited in trust under this Trust
Agreement.
2. The fractional undivided interest in and ownership of each
Trust represented by each Unit is an amount the numerator of which is
one and the denominator of which is the amount set forth under
"Summary of Essential Financial Information--Initial Units" in the
Prospectus. Such fractional undivided interest may be (a) increased by
the number of any additional Units issued pursuant to Section 2.03,
(b) increased or decreased in connection with an adjustment to the
number of Units pursuant to Section 2.03, or (c) decreased by the
number of Units redeemed pursuant to Section 5.02.
3. The term "Administrator" shall mean Integrity Life Insurance
Company. For purposes of Section 9.06, the address for the
Administrator shall be 000 Xxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx
00000.
4. The term "Administrator's Annual Fee Amount" shall mean $3.50.
5. The terms "Capital Account Record Date" and "Income Account
Record Date" shall mean the "Record Dates" set forth under "Summary of
Essential Financial Information" in the Prospectus.
6. The terms "Capital Account Distribution Date" and "Income
Account Distribution Date" shall mean the "Distribution Dates" set
forth under "Summary of Essential Financial Information" in the
Prospectus.
7. The term "Deferred Sales Charge Payment Dates" shall mean the
10th day of each month during a Trust's life beginning February 10,
2001.
8. The term "Mandatory Termination Date" shall mean the
"Mandatory Termination Date" for each Trust set forth under "Summary
of Essential Financial Information" in the Prospectus.
IN WITNESS WHEREOF, the undersigned have caused this Trust Agreement to
be executed; all as of the day, month and year first above written.
XXX XXXXXX FUNDS INC.
By
-
Title____________________________________________________
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THE BANK OF NEW YORK
By
-
Title____________________________________________________
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INTEGRITY LIFE INSURANCE COMPANY
By
-
Title____________________________________________________
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AMERICAN PORTFOLIO EVALUATION SERVICES,
a division of Xxx Xxxxxx Investment Advisory Corp.
By
-
Title____________________________________________________
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XXX XXXXXX INVESTMENT ADVISORY CORP.
By
-
Title____________________________________________________
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SCHEDULE A TO TRUST AGREEMENT
SECURITIES INITIALLY DEPOSITED
IN
XXX XXXXXX FOCUS PORTFOLIOS, SERIES 265
(Incorporated herein by this reference and made a part hereof is each
"Portfolio" schedule as set forth in the Prospectus.)
