0000891092-13-007940 Sample Contracts

Smart Trust, New York Municipal Portfolio of Closed-End Funds Trust, Series 5 Reference Trust Agreement
Reference Trust Agreement • September 18th, 2013 • Smart Trust, New York Municipal Portfolio of Closed-End Funds Trust, Series 5

This Reference Trust Agreement (the “Agreement”) dated September 18, 2013, 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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