TRUST INDENTURE
OF
THE XXXXXXX X. XXXXXXX FOUNDATION
THIS AGREEMENT made this 27th day of April, 1999, by and between XXXXXXX X.
XXXXXXX, of Xxxxxxx County, Missouri, as Grantor (hereinafter called "Grantor"),
and XXXXXXX X. XXXXXXX, XXXXXXX X. XXXXXX, XX., and XXXXXXX X. XXXX, XX., of
Xxxxxxx County, Missouri, as Trustees (hereinafter called the "Trustees").
WITNESSETH:
WHEREAS, the Grantor intends from time to time during his lifetime and at
his death to make charitable donations to the Trustees and, for this purpose,
desires to establish a trust for wholly charitable purposes; and
WHEREAS, the Grantor concurrently with the execution hereof has transferred
and delivered to the Trustees the property described in "Schedule A" attached
hereto, as one of such charitable donations, to be held in trust subject to the
terms of this Agreement; and
WHEREAS, other persons, firms or corporations may also make charitable
contributions to the Trustees; and
WHEREAS, such donations will constitute, as and when received by the
Trustees, a part of the trust fund to be held for the purposes hereinafter set
forth; and
WHEREAS, the Grantor desires that the Trustees hold and administer such
donations and the Trustees are willing to hold and administer them pursuant to
the terms of this Agreement;
NOW, THEREFORE, in consideration of the premises and of the mutual
covenants herein contained the Grantor and the Trustees do hereby covenant and
agree as follows:
1. ESTABLISHMENT OF TRUST. The Trustees hereby acknowledge receipt of the
donation made concurrently with the execution hereof as described in "Schedule
A." The Trustees shall receive any such other donations paid to them in cash or
in other property acceptable to them. The donation received by the Trustees
concurrently with the execution hereof and all such other donations so received,
representing the principal of the Trust, together with the income therefrom
(which principal and income are hereinafter referred to collectively as the
"Trust Estate"), shall be held, managed and administered pursuant to the terms
of this Agreement.
2. NAME OF TRUST AND DEFINITIONS.
(a) This Trust shall be known as THE XXXXXXX X. XXXXXXX FOUNDATION
(hereinafter "Foundation").
(b) The following definitions shall apply for all purposes of this
Agreement.
(i) "Community Foundation" shall mean THE GREATER KANSAS CITY
COMMUNITY FOUNDATION AND AFFILIATED TRUSTS, of Kansas City, Missouri, and
its successors and assigns.
(ii) "Charitable organization" shall mean a public charity described
in Section 509(a)(1) or Section 509(a)(2) of the Internal Revenue Code of
1986, as amended, and the Treasury Regulations promulgated thereunder,
which is a beneficiary of this Trust, including the Community Foundation or
a substituted charitable organization (as defined below). "Charitable
organizations" shall mean more than one charitable organization.
(iii) A "disqualified charitable organization" shall mean a
charitable organization which loses its tax-exempt status; substantially
fails or abandons its operations, or is dissolved; or is not described in
Section 509(a)(1) or Section 509(a)(2) of the Internal Revenue Code of
1986, as amended.
3. PURPOSES OF THE FOUNDATION.
(a) The Grantor intends and hereby directs the Trustees to use the net
income of the Trust and so much of the principal of the Trust as they deem
appropriate to establish, support and fund specific programs operated, funded or
sponsored by the Community Foundation or a substituted charitable organization
(as defined below) within the meaning of Section 509(a)(3) of the Internal
Revenue Code of 1986, as amended, as more fully described below. It is the
Grantor's intent that these programs be supported by the Trust to the extent
that their proper function is dependent upon the funds provided by the Trust as
more fully described in subparagraphs (e), (f) and (g) of this paragraph 3. The
Trustees shall fund and support any one or more of the programs, activities or
services funded or sponsored by (i) the Community Foundation to aid or support
public charities served by said Community Foundation, or (ii) a substituted
charitable organization (as defined below). The Trustees shall be free to select
such programs, activities or services from time to time as the Trustees deem
appropriate, without limitation, and to recommend to the Community Foundation or
substituted charitable organization any program, activity or service to aid or
support such public charity or charities they deem worthy of support or funding
by them. The Trustees may establish donor-advised funds at the Community
Foundation or substituted charitable organization and may retain and exercise
advisory powers or may delegate advisory powers to identified representatives of
the public charity or charities who are the beneficiaries of said donor-advised
funds. If the Community Foundation (or any other charitable organization which
is a beneficiary of
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this Trust) becomes a disqualified charitable organization, the Trustees may
substitute one or more charitable organizations (collectively, the "substituted
charitable organization") for any such disqualified charitable organization as a
beneficiary of the Trust as the Trustees determine in their sole and absolute
discretion, provided, however, the activities of any such substituted charitable
organization must further the charitable or other qualified purposes of the
Trust.
(b) In establishing this Trust, it is the Grantor's desire and intention
to create an organization with substantial financial resources by means of which
financial and other assistance can be given to the charitable organizations
engaged exclusively in one or more activities of the kind mentioned in this
paragraph on a planned and continuing basis. Although the Grantor intends to
participate actively with the Trustees in such efforts during his lifetime, he
desires to provide an administrative organization through the Trustees which
will assure objectivity, skill and continuity in the management of the
activities of the Trust. Therefore, subject to the limitations set forth in this
paragraph, the Trust Estate shall be paid, contributed, given or loaned to the
charitable organizations or expended, used or applied for the benefit of the
charitable organizations in such manner and amounts and for such purposes by the
Trustees as the Trustees as herein constituted from time to time in writing may
direct in furtherance of any of the purposes of this trust. At all times during
the existence of this Trust, it shall be the duty of the Trustees to make every
reasonable effort to further the purposes of the Trust, and, after the death of
the Grantor, to do everything advisable or reasonably necessary to continue or
complete any qualified project of the Trust which was commenced or established
by the Grantor during his lifetime.
(c) Anything contained in this Agreement to the contrary
notwithstanding, the Trust Estate (other than such part as may be required to
pay taxes and administration expenses) shall be used exclusively for religious,
charitable, scientific, testing for public safety, literary or educational
purposes, or to xxxxxx national or international amateur sports competition (but
only if no part of its activities involves the provision of athletic facilities
or equipment), or for the prevention of cruelty to children within the United
States or any of its possessions. No part of the Trust Estate, either income or
principal, shall revert or be distributed to or used for or inure to the benefit
of (i) the Grantor, (ii) any other individual or corporate donor to the Trust,
(iii) any person who is a member of the family of the Grantor or of any such
other donor, as family is defined in Section 267(c) (4) of the Internal Revenue
Code of 1986, as amended, (iv) any corporation controlled by the Grantor or by
any such other donor, through the ownership, directly or indirectly of 50
percent or more of the total combined voting power of all classes of stock
entitled to vote or 50 percent or more of the total value of shares of all
classes of stock of such corporation, or (v) any other private shareholder or
individual, nor shall any substantial part of the activities of the Trust
consist of the carrying on of propaganda, or otherwise attempting to influence
legislation. It is the Grantor's intention in creating this Trust that at all
times the Trust shall be tax exempt and the donations to the Trust Estate shall
be deductible from taxable income to the extent allowed by the provisions of the
Internal Revenue Code and other applicable legislation and regulations, and any
provision hereof which in operation or effect would make it improper for sums
contributed to the Trust to be allowable as deductions in
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determining federal income tax of the respective donors under laws and
regulations then in effect shall be inoperative and null and void.
(d) Anything to the contrary herein notwithstanding, if for any period
the Trust shall fail to meet the requirements of Section 509(a)(3) of the
Internal Revenue Code and shall be subject to the rules governing private
foundations, the income of the Trust Estate for each taxable year of such period
must be distributed at such time and in such manner as not to subject the Trust
to tax under Section 4942 of the Internal Revenue Code; and during such period
the Trust is prohibited from doing any of the following: (i) engaging in any act
of self-dealing, as defined in Section 4941(d) of the Internal Revenue Code;
(ii) retaining any excess business holdings, as defined in Section 4943(c) of
the Internal Revenue Code; (iii) making any investments in such manner as to
subject the Trust Estate to tax under Section 4944 of the Internal Revenue Code;
or (iv) making any taxable expenditures, as defined in Section 4945(d) of the
Internal Revenue Code. Anything contained in this Agreement to the contrary
notwithstanding, no loan, investment or transaction shall be made by the
Trustees which is defined as a "Prohibited Transaction" by the Internal Revenue
Code of the United States, or by the rules and regulations promulgated pursuant
thereto, or which would deny to the Trust Estate exemption from taxation for
income tax purposes, or cause the disallowance as a deduction of any
contributions and gifts made to it by individual or corporate donors, and of any
contributions and gifts made by the Trustees as hereinabove provided in this
Agreement. The Trustees shall not be liable for any loss occurring because of
any transaction entered into in good faith.
(e) Anything to the contrary herein notwithstanding, the Trust shall
maintain a significant involvement in the operations of the charitable
organizations and such charitable organizations must in turn be dependent upon
the Trust for the type of support which the Trust provides (the "Integral Part
Test"). In order to meet the Integral Part Test, the Trustees shall comply with
Treasury Regulation Section 1.509 (a)-4(i)(3) and shall make payments of
substantially all of the income of the Trust to or for the use of the charitable
organizations, and the amount of support received by the charitable
organizations shall be sufficient to insure the attentiveness of the charitable
organizations to the operations of the Trust. In addition, a substantial amount
of the total support of the Trust must go to the charitable organizations which
meet the attentiveness requirements of this subparagraph with respect to the
Trust. Except as provided in subparagraph (f) of this paragraph 3, the amount of
support received by a charitable organization must represent a sufficient part
of the charitable organization's total support so as to insure such
attentiveness. In applying the immediately preceding sentence, if the Trust
makes payment to the Community Foundation or to a substituted charitable
organization to aid or support a particular public charity or to or for the use
of a particular department or school of a public charity aided or supported by
the Community Foundation or a substituted charitable organization, the total
support of the particular public charity or the particular department or school
of a public charity, as the case may be, shall be substituted for the total
support of the Community Foundation or the substituted charitable organization.
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(f) Even where the amount of support received by a charitable
organization does not represent a sufficient part of the charitable
organization's total support, the amount of support received from the Trust may
be sufficient to meet the requirements of subparagraph (e) of this paragraph 3
if it can be demonstrated that in order to avoid the interruption of the
carrying on of a particular function or activity, the charitable organization
will be sufficiently attentive to the operations of the Trust. This may be the
case where either the Trust or the charitable organization earmarks the support
received from the Trust for a particular program or activity, even if such
program or activity is not the charitable organization's primary program or
activity so long as such program or activity is a substantial one.
(g) The Trustees shall consider all pertinent factors, including the
number of charitable organizations, the length and nature of the relationship
between the charitable organization and the Trust, and the purposes to which the
funds are put for purposes of determining whether the amount of support received
by a charitable organization is sufficient to insure the attentiveness of such
charitable organization to the operations of the Trust.
4. POWERS OF TRUSTEES. Consistent with and in furtherance of the charitable
purposes of the Trust, in the administration of the Trust Estate and in addition
to the powers granted the Trustees under Missouri law, the Trustees are hereby
authorized and empowered:
(a) To purchase or otherwise acquire and to retain, whether originally a
part of the Trust Estate or subsequently acquired, any and all stocks, voting
trust certificates, bonds, notes or other securities, or any variety of real or
personal property, including stocks or interests in voting trusts, investment
trusts and common trust funds, as they may deem advisable, whether or not such
investments are of the character permissible for investment by fiduciaries, or
are unsecured, unproductive, underproductive, overproductive or of a wasting
nature. Investments need not be diversified and may be made or retained with a
view to a possible increase in value. The Trustees may at any time render liquid
the Trust Estate in whole or in part, and hold cash or readily marketable
securities of little or no yield for such period as they may deem advisable.
(b) To sell, pledge, mortgage, transfer, exchange, convert or
otherwise dispose of or grant options with respect to any and all property at
any time forming a part of the Trust Estate, in such manner, at such time or
times, for such purposes, for such prices and upon such terms, credits and
conditions as they may deem advisable.
(c) To borrow money for any purpose connected with the protection,
preservation or improvement of the Trust Estate whenever in their judgment it is
advisable, and as security to mortgage or pledge, lease for any period of time,
even beyond the term of this trust, any real or personal property forming a part
of the Trust Estate upon such terms and conditions as they may deem advisable.
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(d) To vote in person or by general or limited proxy and to enter into,
ratify or accept the provisions of any voting trust with respect to any shares
of stock or other securities held by them; to consent, directly or through a
committee or other agent, to the reorganization, consolidation, merger,
dissolution or liquidation of any corporation in which the Trust may have any
interest, or to the sale, lease, pledge or mortgage of any property by or to any
such corporation; and to make any payments and to take any steps which they may
deem necessary or proper to enable them to obtain the benefit of any such
transaction.
(e) To cause any stocks, bonds, or other securities to be registered
either in their own names or in the name of their nominee or the nominee of any
bank or trust company acting as a Trustee or a custodian of the funds and any
securities held hereunder; provided, however, that such registration shall
neither increase nor decrease the liability of the Trustees.
(f) To pay, compromise, compound, adjust, submit to arbitration, sell or
release any claim or demand of the Trust against others or of others against the
Trust on such terms as they may deem advisable, including the acceptance of
deeds of real property in satisfaction of bonds and mortgages, and to make any
payments in connection therewith which they may deem advisable.
(g) To make distribution of the principal of the Trust Estate in kind
and to cause any share to be composed of cash, property or undivided fractional
shares in property different in kind from any other share.
(h) To employ such suitable agents and counsel as the Trustees deem
necessary and to appoint any bank or trust company as custodian of the Trust
Estate. Reasonable expenses and compensation for such services are to be paid
out of the Trust Estate.
(i) To determine whether any money or other property coming into their
hands concerning which there may be any doubt, shall be considered as a part of
the principal or income of the Trust Estate, and to apportion between such
principal and income any loss or expenditure in connection with the Trust Estate
as to them may seem just and equitable. No sinking fund shall be created as to
any security received or purchased at a premium or at a price in excess of the
call or redemption price. Income may be added from time to time to the principal
of the Trust Estate and invested as a part thereof.
(j) To execute and deliver any and all instruments in writing which they
may deem advisable to carry out any of the foregoing powers. No party to any
such instrument in writing signed by the Trustees shall be obliged to inquire
into its validity, or be bound to see to the application by the Trustees of any
money or other property paid or delivered to them by such party pursuant to the
terms of any such instrument.
5. RULES GOVERNING TRUSTEES. The following rules shall govern the number,
selection compensation, liability and succession of Trustees:
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(a) There shall be no more then seven (7) Trustees of the Trust. The
Trustees shall have the power to determine the number of Trustees and to
increase or decrease the number of Trustees by majority vote at such time or
times as they may decide. The Trustees may delegate the power to select any
Trustee to any charitable organization named or described in paragraph 3. Each
Trustee who is a party to this Agreement shall serve until his death,
disability, removal or resignation. Any remaining Trustee or Trustees shall have
the power to fill any vacancy by majority vote. Any Trustee appointed under the
terms of this paragraph shall serve for such term as the Trustees may determine.
A Trustee may be appointed to serve more than one term in the discretion of the
Trustees other than the Trustee who is being considered for reappointment. If
the Trustees fail to fill any vacancy, then the charitable organizations named
in paragraph 3 shall fill such vacancy, and if there is more than one such
charitable organization, such vacancy shall be filled by majority vote. The
Grantor intends that this trust, at the time it receives substantial funding,
shall meet the definition of an organization described in Section 509(a)(3) of
the Internal Revenue Code of 1986, as amended, and that it will not be
controlled, directly or indirectly, by disqualified persons in order to meet the
requirements of Section 509(a)(3)(c). Therefore, the Trustees, if necessary,
shall appoint Trustees who meet the requirements of said statute in order to
assure compliance with applicable law.
(b) Any Trustee may resign at any time by giving at least sixty (60)
days written notice of such resignation to the other Trustee or Trustees. Any
Trustee other than a Trustee who is a party to this Agreement may be removed by
the majority vote of the Trustees other than the Trustee being considered for
removal by giving at least sixty (60) days' written notice of such removal by
the Trustees. If there are at least five (5) Trustees serving, a Trustee who is
a party to this Agreement may be removed by the unanimous vote of the Trustees
other than the Trustee being considered for removal by giving at least sixty
(60) days' written notice of such removal by the Trustees.
(c) (i) Any successor Trustee shall be designated by an instrument in
writing, copies of which shall be delivered to the Grantor, if living, and to
the former Trustee. Before entering upon its duties, such successor Trustee
shall execute an instrument in writing wherein such successor Trustee shall
agree to accept the Trust and to be bound by all of the terms and provisions of
this Trust Agreement. The successor Trustee shall have all rights, powers,
privileges, liabilities, duties and immunities of the former Trustee and may be
an individual or a corporate fiduciary.
(ii) Upon the acceptance of appointment by such successor Trustees,
the former Trustee, if the former Trustee shall have been acting as
a sole Trustee, shall make final accounting of the administration of
the Trust Estate for the period of time elapsed since the preceding
accounting and shall deliver and transfer the Trust Estate to such
successor Trustees. Upon approval by such successor Trustees or by
the charitable organization or organizations which are named in this
Trust Agreement, or upon the failure of the successor Trustees and
the charitable organization or organizations to object to such final
accounting within sixty (60) days after it is
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rendered, the former Trustee shall thereupon be finally released and
discharged, all as provided herein with respect to accountings.
(d) Any individual Trustee shall be entitled to reasonable compensation
for services rendered in the administration of this Trust. Any corporate
fiduciary appointed either as Trustee or as successor Trustee shall receive as
compensation for its services in the administration of this Trust such fees as
are stipulated in its regular adopted schedules of compensation as published
from time to time, unless other compensation is agreed upon. Such reasonable and
necessary expenses shall be a charge upon the Trust Estate and shall be paid out
of the Trust Estate unless paid by the Grantor.
(e) During the Grantor's lifetime, the Trustees shall render from time
to time accounts of their transactions to the Grantor. After funding of the
Trust, and in all events after the Grantor's death, the Trustees shall render at
least annually accounts of their transactions to the charitable organizations
specifically defined in paragraph 3 of this Trust Agreement, including the
Community Foundation. The Grantor or said named charitable organizations may
approve such accounts by an instrument in writing delivered to the Trustees. If
no written exception or objection is filed by the Grantor or said charitable
organizations with the Trustees within sixty (60) days after any such account is
so rendered, it shall be deemed to have been approved; and in such case or upon
the written approval of the Grantor or said charitable organizations of any such
account, the Trustees shall be released, relieved and discharged with respect to
all matters and things set forth in such account as though such account had been
settled by the decree of a court of competent jurisdiction.
(f) The Trustees shall be fully protected in acting upon any instrument,
certificate or paper believed by them to be genuine and to be signed or
presented by the proper person or persons, and the Trustees shall be under no
duty to make any investigation or inquiry as to any statement contained in such
writing but may accept the same as conclusive evidence of the Trust and accuracy
of the statements therein contained.
(g) If a corporate fiduciary is appointed as Trustee, it shall have sole
custody of all assets of the Trust Estate.
6. JUDICIAL APPROVAL OF ACCOUNTINGS AND ENFORCEMENT OF TRUST. The Trustee
may at any time initiate any action or proceedings for the settlement of its
accounts or for the determination of any question of construction which may
arise or for instructions and, except as otherwise required by any applicable
laws, the only necessary parties defendant to such action shall be the Grantor,
if living, and the charitable organizations, including the Community Foundation;
but the Trustees may, if they so elect, bring in as parties defendant any other
person or persons or organization. Said Community Foundation or charitable
organizations may also initiate any action or proceeding in Missouri to compel
an accounting by the Trustees and otherwise enforce the provisions of this
Trust.
7. ADDITIONS TO TRUST. The Grantor and any other person, firm or
corporation shall have the right through the period of this Trust to contribute
to the Trust additional cash, securities or other
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property of any kind acceptable to the Trustees by transfer, testamentary
disposition, designation of the Trustees as assignees or beneficiaries of any
insurance policies, or otherwise, to be held, managed and disbursed by the
Trustees in accordance with the provisions of this Agreement.
8. RULES GOVERNING TERMINATION. This Agreement, and the Trust created
hereunder, shall be perpetual and irrevocable but may be terminated by the
Trustees acting hereunder from time to time in either of the following
situations:
(a) For the purpose of incorporating, and with the express power to so
incorporate, the Trust as a non-profit corporation, to be organized, established
and operated solely and exclusively for one or more of, but none other than, the
purposes mentioned or described by the provisions of paragraph 3 hereof, but
only if a corporation meets the definition of a trust within the meaning of the
regulations under Section 509(a)(3) of the Internal Revenue Code of 1986 and the
laws of the State of Missouri; or
(b) If, in the judgment of the Trustees, the Trust herein created has
served its purposes, or such purposes can best be served by termination of the
Trust and distribution of all of its assets.
Upon such termination, the Trust Estate shall be distributed by the Trustees to
such newly formed corporation, if terminated for that purpose, or to one or more
of the charitable organizations as the Trustees may select, for one or more of,
but none other than, the purposes mentioned or described by the provisions of
paragraph 3 hereof and subject to the limitations contained therein.
9. AMENDMENT OF TRUST INDENTURE.
(a) This Agreement may be amended by the Grantor to add or delete a
charitable organization. Said amendment shall be made by an instrument in
writing signed by the Grantor and delivered to the Trustees. The deletion of any
named charitable organization shall terminate all of its rights, duties and
powers under this Agreement.
(b) This Agreement may be amended or modified by the Trustees, with the
written consent of the Grantor, while living, and thereafter with the unanimous
consent of all Trustees, whenever and as often and in such respects, but only to
such extent as the Trustees deem necessary or advisable in the administration of
the Trust, (i) to enable the Trust to qualify at all times during its existence
as an organization described in Section 509 (a)(3) of the Internal Revenue Code
and the regulations thereunder and as one which is tax exempt and to which
donations can be made which are deductible from taxable income to the extent
allowed by the provisions of the Internal Revenue Code of the United States and
other laws and regulations in force and applicable from time to time; or (ii) so
long as such amendment or modification will not result in preventing the trust
from continuing to so qualify, to clarify any of the provisions contained herein
or to remove any doubts as to the proper construction of this Trust Agreement.
Any such amendment or modification shall
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be by instrument in writing, executed and acknowledged by the Trustees and also
by the Grantor, if he is living at the date thereof.
10. GOVERNING LAW. This Agreement and the Trust created hereby shall be
construed, regulated and administered under the laws of the State of Missouri,
and the Trustees shall be liable to account only in the courts of that state.
All donations to the Trustees shall be deemed to take place in the State of
Missouri.
11. EXECUTION IN COUNTERPARTS. This Agreement may be executed in a number
of counterparts, each of which shall be deemed to be an original.
IN WITNESS WHEREOF, this instrument has been executed at Kansas City,
Missouri, as of the day and year above set forth.
/s/ Xxxxxxx X. Xxxxxxx
Xxxxxxx X. Xxxxxxx, Grantor and Trustee
/s/ Xxxxxxx X. Xxxxxx, Xx.
Xxxxxxx X. Xxxxxx, Xx., Trustee
/s/ Xxxxxxx X. Xxxx, Xx.
Xxxxxxx X. Xxxx, Xx., Trustee
STATE OF Missouri )
) ss.
COUNTY OF Xxxxxxx )
On the 27th day of April, 1999, at my office in said County and State,
before me, the undersigned, a notary public, personally appeared XXXXXXX X.
XXXXXXX, to me personally known and known to me to be the same person described
in and who executed the foregoing instrument, and acknowledged the execution of
the same as said person's free act and deed.
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IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial
seal the day and year last above written.
/s/ Xxxx X. Xxxxx
Notary Public in and for said County and State
My Commission Expires:
September 15, 1999
STATE OF Missouri )
) ss.
COUNTY OF Xxxxxxx )
On the 27th day of April, 1999, at my office in said County and State,
before me, the undersigned, a notary public, personally appeared XXXXXXX X.
XXXXXX, XX., to me personally known and known to me to be the same person
described in and who executed the foregoing instrument, and acknowledged the
execution of the same as said person's free act and deed.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial
seal the day and year last above written.
/s/ Xxxx X. Xxxxx
Notary Public in and for said County and State
My Commission Expires:
September 15, 1999
STATE OF Missouri )
) ss.
COUNTY OF Xxxxxxx )
On the 27th day of April, 1999, at my office in said County and State,
before me, the undersigned, a notary public, personally appeared XXXXXXX X.
XXXX, XX., to me personally known and known to me to be the same person
described in and who executed the foregoing instrument, and acknowledged the
execution of the same as said person's free act and deed.
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IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial
seal the day and year last above written.
/s/ Xxxx X. Xxxxx
Notary Public in and for said County and State
My Commission Expires:
September 15, 1999
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SCHEDULE "A"
ATTACHED TO AND MADE A PART OF THE XXXXXXX
FOUNDATION TRUST EXECUTED APRIL 27, 1999, BY
XXXXXXX X. XXXXXXX, GRANTOR, AND XXXXXXX X. XXXXXXX,
XXXXXXX X. XXXXXX, XX., AND XXXXXXX X. XXXX, XX., TRUSTEES
Deposited by Grantor:
$100 cash
Receipt of the foregoing property is hereby acknowledged this 27th day of
April, 1999.
/s/ Xxxxxxx X. Xxxxxxx
Xxxxxxx X. Xxxxxxx, Trustee
/s/ Xxxxxxx X. Xxxxxx, Xx.
Xxxxxxx X. Xxxxxx, Xx., Trustee
/s/ Xxxxxxx X. Xxxx, Xx.
Xxxxxxx X. Xxxx, Xx., Trustee
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