0001193125-03-065108 Sample Contracts

TRUST INDENTURE AND AGREEMENT Among HENNION & WALSH, INC. As Depositor THE BANK OF NEW YORK As Trustee STANDARD & POOR’S SECURITIES EVALUATIONS, INC. As Evaluator and HENNION & WALSH ASSET MANAGEMENT, INC. As Portfolio Supervisor
Trust Indenture and Agreement • October 22nd, 2003 • Smart Trust Tax Free Bond Trust Series 1 • New York

This Trust Indenture and Agreement (“Indenture”) dated October 22, 2003, among Hennion & Walsh, Inc., as Depositor, The Bank of New York, as Trustee and Standard & Poor’s Securities Evaluations, Inc., as Evaluator and Hennion & Walsh Asset Management, Inc., as Portfolio Supervisor.

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SMART TRUST, TAX FREE BOND TRUST, SERIES 1 REFERENCE TRUST AGREEMENT
Reference Trust Agreement • October 22nd, 2003 • Smart Trust Tax Free Bond Trust Series 1

This Reference Trust Agreement (the “Agreement”) dated October 22, 2003, among Hennion & Walsh, Inc., as Depositor, Hennion & Walsh Asset Management, Inc., as Portfolio Supervisor, The Bank of New York, as Trustee, and Standard & Poor’s Securities Evaluations, Inc., as Evaluator, sets forth certain provisions in full and incorporates other provisions by reference to the document entitled “Smart Trust, Tax Free Bond Trust, Series 1, for all series formed on or subsequent to the effective date specified below, Trust Indenture and Agreement” dated October 22, 2003, 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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