SMITH BREEDEN TRUST (the “Trust”) Amendment No. 4 to Agreement and Declaration of Trust

Exhibit (a)(5)

XXXXX XXXXXXX TRUST

(the “Trust”)

Amendment No. 4

to

Agreement and Declaration of Trust

The undersigned, being at least a majority of the Trustees of Xxxxx Xxxxxxx Trust, hereby amend the Agreement and Declaration of Trust by deleting therefrom the entire sentence included in (a) of Section 5.11, and substituting therefore the following:

“Without limiting the authority of the Trustees set forth in Section 5.1, inter alia, to establish and designate any further series or classes or to modify the rights and preferences of any series, the “Xxxxx Xxxxxxx U.S. Equity Market Plus Fund”, the “Xxxxx Xxxxxxx Financial Services Fund”, the “Xxxxx Xxxxxxx High Yield Bond Fund”, the “Xxxxx Xxxxxxx Asia/Pacific Fund”, and the “Xxxxx Xxxxxxx Europe Fund” shall be, and are hereby, established and designated.”

WITNESS our hands set hereto as of this twenty-ninth day of June, 1998.

/s/ Xxxxxxx X. Xxxxxxx				June 29, 1998
Xxxxxxx X. Xxxxxxx
/s/ Xxxxxxx X. Xxxxxx				June 29, 1998
Xxxxxxx X. Xxxxxx
/s/ Xxxxxxx X. Xxxxxxxx				June 29, 1998
Xxxxxxx X. Xxxxxxxx
/s/ Xxxxx X. Xxxxxxx				June 29, 1998
Xxxxx X. Xxxxxxx
/s/ Xxxxxxx X. Xxxxxx				June 29, 1998
Xxxxxxx X. Xxxxxx