0000891092-12-003561 Sample Contracts

Smart Trust, Tax Free Income Trust, Series 10 Reference Trust Agreement
Reference Trust Agreement • June 26th, 2012 • Smart Trust, Tax Free Income Trust, Series 10

This Reference Trust Agreement (the “Agreement”) dated June 26, 2012, among Hennion & Walsh, Inc., as Depositor, Hennion & Walsh Asset Management, Inc., as Portfolio Supervisor and The Bank of New York Mellon, as Trustee, sets forth certain provisions in full and incorporates other provisions by reference to the document entitled “Smart Trust, Smart Ten Trust, Series 1, and Subsequent Series, Trust Indenture and Agreement” dated January 22, 2004 (the “Indenture”), and as amended in part by this Agreement (collectively, such documents hereinafter called the “Indenture and Agreement”). This Agreement and the Indenture, as incorporated by reference herein, will constitute a single instrument.

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