GLICKENHAUS SPECIAL SITUATIONS TRUST, SERIES
1 Duke & Company Tax Free Portfolios -
National Insured Trust
REFERENCE TRUST AGREEMENT
This Reference Trust Agreement dated October 28, 1996 among
Glickenhaus & Co. as Depositor, The Bank of New York, as Trustee and Xxxxxx
Data Corporation, as Evaluator, sets forth certain provisions in full and
incorporates other provisions by reference to the document entitled
"Glickenhaus Special Situations Trust, Series 1, Trust Indenture and Agreement"
dated October 28, 1996 as amended in part by this Reference Trust Agreement
(herein as amended or supplemented called the "Indenture"). This Reference
Trust Agreement and the Indenture, as incorporated by reference herein, will
constitute a single instrument.
WITNESSETH THAT:
In consideration of the premises and of the mutual agreements
herein contained, the Depositor, 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 Indenture 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 interest-bearing obligations listed in the Prospectus
related to Glickenhaus Special Situations Trust, Series 1, Duke & Company Tax
Free Portfolio - National Insured Trust have been deposited in trust under this
Indenture (see
407532.1
"Portfolio" in Part A of the Prospectus which for purposes of this Indenture is
the Schedule of Securities or Schedule A).
(b) For the purposes of the definition of the Unit in item
(28) of Section 1.1, the fractional undivided interest in and ownership of the
Trust is 5,000.
(c) The fiscal year for the Trust shall end on July
31st of each year.
(d) All Certificateholders of record on November 15, 1996
(the "First Monthly Record Date") who have selected the monthly distribution
plan, will receive a distribution to be made on or shortly after December 1,
1996 (the "First Distribution Date"), and thereafter distributions will be made
monthly. The first semi-annual distribution will be made on or shortly after
December 1, 1996 to all Certificateholders of record on November 15, 1996 who
have selected the semi-annual distribution plan, and thereafter distributions
will be made semi-annually.
(e) The First Settlement Date shall mean October 31, 1996.
(f) The number of Units referred to in Section 2.3 is 5,000.
(g) For the purposes of Section 4.3, the Evaluator shall
receive for each evaluation of the Bonds in the Trust $.55 per Bond for each
valuation.
(h) For purposes of Section 6.4, the Trustee shall be paid
per annum $1.41 per $1,000 principal amount of Bonds for that portion of the
Trust under the monthly distribution plan and $1.01 per $1,000 principal amount
of Bonds for that portion of the Trust under the semi-annual distribution plan.
(i) For purposes of Section 8.6, the Depositor's maximum
annual fee is hereby specified to be $.25 per $1,000 principal amount of Bonds
in the Trust.
(j) For purposes of Section 9.2, the Mandatory Termination
Date for the Trust is December 31, 2045.
(k) For purposes of this Series of Special Situations Trust,
the form of Certificate set forth in this Indenture shall be appropriately
modified to reflect the title of this Series as set forth above.
-2-
407532.1
(l) For purposes of this Series of Special Situations Trust,
the execution date of this Indenture shall be the date first written above.
IN WITNESS WHEREOF, the parties hereto have caused this
Reference Trust Agreement to be duly executed on the date first above written.
[Signatures on separate pages]
-3-
407532.1
GLICKENHAUS & CO.
By: /s/Xxxxx X. Xxxx
---------------------
Attorney-in-Fact
for each of the
General Partners
STATE OF NEW YORK )
) ss.:
COUNTY OF NEW YORK )
I, Xxxxx XxXxxxxxx, a Notary Public in and for the said
County in the State aforesaid, do hereby certify that Xxxxx X. Xxxx, personally
known to me to be the same whose name is subscribed to the foregoing
instrument, appeared before me this day in person, and acknowledged that he
signed and delivered the said instrument as his free and voluntary act as
Attorney-in-Fact for each of the General Partners, and as the free and
voluntary act of said GLICKENHAUS & CO., for the uses and purposes therein set
forth.
GIVEN, under my hand and notarial seal this 28th day of
October, 1996.
/s/Xxxxx XxXxxxxxx
------------------
Notary Public
[SEAL]
XXXXX XxXXXXXXX
Notary Public, State of New York
No. 01MC5044884
Qualified in New York County
Commission Expires June 5, 1997
THE BANK OF NEW YORK, Trustee
By: /s/Xxxxxxx Xxxxx
-------------------
Vice President
ATTEST:
By /s/Xxxxxxx Xxxxxx
---------------------
(CORPORATE SEAL)
STATE OF NEW YORK )
) ss.:
COUNTY OF NEW YORK )
I, Xxxxxxx X Xxxxx, Xx., a Notary Public in and for the said
County in the State aforesaid, do hereby certify that Xxxxxxx Xxxxx and Xxxxxxx
Xxxxxx personally known to me to be the same persons whose names are subscribed
to the foregoing instrument and personally known to me to be a Vice President
and Assistant Vice President, respectively, of The Bank of New York, appeared
before me this day in person, and acknowledge that they signed, sealed with the
corporate seal of The Bank of New York and delivered the said instrument as
their free and voluntary act as such Vice President and Assistant Vice
President, respectively, and as the free and voluntary act of said The Bank of
New York for the uses and purposes therein set forth.
GIVEN, under my hand and notarial seal this 8th day of
October, 1996.
/s/Xxxxxxx X. Xxxxx, Xx.
------------------------
Notary Public
[SEAL]
My commission expires:
XXXXXXX X. XXXXX, XX.
Notary Public, State of New York
No. 00-0000000
Qualified in Queens County
Commission Expires April 30, 1997
XXXXXX DATA CORPORATION, Evaluator
By:/s/Xxxxx X. Xxxxxxx
-------------------------------
Xxxxx X. Xxxxxxx
Chief Operating Officer
ATTEST:
By:/s/Xxxxxxx Xxxxxxxx
----------------------
Xxxxxxx Xxxxxxxx
Vice President
[CORPORATE SEAL]
