EXHIBIT e(3)
SECOND AMENDMENT
TO DISTRIBUTION AGREEMENT
DATED JULY 1, 2001,
BY AND AMONG
XXXXX PARK SERIES TRUST, AMERISTOCK CORPORATION AND
ALPS DISTRIBUTORS, INC.
THIS AMENDMENT is made as of June 19, 2003, by and between Davis Park
Series Trust, a Delaware business trust ("Davis Park"), Ameristock Corporation,
a California corporation ("Ameristock"), and ALPS Distributors, Inc., a Colorado
corporation ("ADI").
WHEREAS, Davis Park, Ameristock, and ADI have entered into a Distribution
Agreement (the "Agreement") dated July 1, 2001.
WHEREAS, Xxxxx Park, Ameristock, and ADI wish to modify the provisions of
the Agreement to more accurately reflect the expenses covered by ADI.
NOW, THEREFORE, the parties hereto, intending to be legally bound, agree as
follows:
1. REGISTRATION OF SHARES. The second sentence of Section 9, which is
entitled "Registration of Shares," of the Agreement shall be deleted in its
entirety and replaced with the following sentence: "The Trust shall make
available to the Distributor such number of copies of the currently
effective Prospectus and Statement of Additional Information as the
Distributor may reasonably request."
2. DISTRIBUTION EXPENSES. Section 10, which is entitled "Distribution
Expenses" shall be deleted in its entirety.
3. MISCELLANEOUS. The first sentence of the second paragraph under
Section 22, which is entitled "Miscellaneous" shall be deleted in its
entirety and replaced with the following sentence: "The Distributor
acknowledges that the obligations of the Trust under this Agreement are not
binding on any officers, Trustees or shareholders of the Trust
individually, but are binding only upon the assets and properties of the
various Funds."
4. REMAINDER OF AGREEMENT. Other than as amended hereby, all terms and
conditions of the Agreement are unchanged and remain in full force and
effect. This Amendment shall be deemed to be an amendment to the Agreement
and shall be governed by the laws of the State of Colorado.
(THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.)
IN WITNESS WHEREOF, this Amendment has been executed by a duly authorized
representative of each of the parties hereto as of the date of the Amendment
first set forth above.
XXXXX PARK SERIES TRUST AMERISTOCK CORPORATION
By: By:
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Name: Name:
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Title: Title:
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ALPS DISTRIBUTORS, INC.
By:
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Name: Xxxxxx X. May
Title: Senior Vice President
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