Exhibit 1.1(a)
EVEREN Unit Investment Trusts, Series 40
Trust Agreement
Dated: December 5, 1995
This Trust Agreement between EVEREN Securities, 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 Corporate Bond Trusts Sponsored by
EVEREN Unit Investment Trusts, a service of EVEREN Securities, Inc. and
Subsequent Series, Effective: December 5, 1995" (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 Bonds defined in Section 1.01(4), 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 "Summary of
Essential Financial Information@Fractional Undivided Interest in the Fund
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 January 1, 1996.
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(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.
IN WITNESS WHEREOF, the parties hereto have caused this Trust Agreement to
be duly executed.
EVEREN SECURITIES, INC.
through its EVEREN Unit Investment Trusts
service
Depositor
By Xxxxxx X. Xxxxx
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Senior Vice President
THE BANK OF NEW YORK
By Xxx Xxxxxx
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Vice President
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SCHEDULE A
Bonds Initially Deposited
EVEREN Unit Investment Trusts Series 40
(Note: Incorporated herein and made a part hereof is the "Portfolios" as
set forth in the Prospectus for each Trust.)
