CALIFORNIA INVESTMENT TRUST AND CALIFORNIA INVESTMENT TRUST II
SECOND AMENDMENT TO THE CUSTODY AGREEMENT
THIS SECOND AMENDMENT dated as of October 31, 2006-to the Custody
Agreement, dated January 3, 2005, as amended February 27, 2006, (the
"Agreement"), is entered by and between CALIFORNIA INVESTMENT TRUST, a Delaware
statutory trust, formerly known as CALIFORNIA INVESTMENT TRUST, a Massachusetts
business trust and CALIFORNIA INVESTMENT TRUST II, a Massachusetts business
trust, (collectively the "Trusts") and U.S. BANK NATIONAL ASSOCIATION, a
national banking association (the "Custodian").
RECITALS
WHEREAS, the parties have entered into a Custody Agreement; and
WHEREAS, the Trusts and the Custodian desire to amend said Agreement;
and WHEREAS, Article 14.4 of the Agreement allows for its amendment by
a written instrument executed by the parties.
NOW, THEREFORE, the parties agree as follows:
Effective August 8, 2006, California Investment Trust, formerly a
Massachusetts business trust, became a Delaware statutory trust; and
Effective October 31, 2006, all references to Trusts in the Agreement
shall mean California Investment Trust.
Except to the extent amended hereby, the Agreement shall remain in full force
and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment
to be executed by a duly authorized officer on one or more counterparts as of
the date and year first written above.
CALIFORNIA INVESTMENT TRUST U.S. BANK NATIONAL ASSOCIATION
By: /s/ Xxxxxxx X. Xxxxxx By: /s/s Xxxxxxx X. XxXxx
Printed Name: Xxxxxxx X. Xxxxxx Printed Name: Xxxxxxx X. XxXxx
Title: President Title: Vice President
