CERTIFICATE OF TRUST EXISTENCE AND AUTHORITY
STATE OF MICHIGAN / )______COUNTY / )
On [date], [name of settlor or trustee] having been first duly sworn, says:
1. I presently live at [address of settlor or trustee]. I am [marital status of settlor or trustee]. I have [number] surviving children named [names of surviving children].
2. On [date], I established the [name of trust] Trust.
3. The following provisions are found in the trust agreement and may be relied on as a full statement of the matters covered by those provisions by anyone dealing with me or with any successor trustee:
a. Amendment and revocation. I may amend or revoke this agreement at any time by filing written notice of the change with Trustee. However, Trustee’s duties and responsibilities may not be expanded nor Trustee’s compensation reduced without Trustee’s written consent. Trustee’s consent shall be conclusively presumed if the Trustee does not provide me with a written objection within 30 days after receiving an amendment. When I die, the Trust shall become irrevocable.
b. Resignation and acceptance of trust. Trustee may resign by filing a written resignation with a nondisabled adult income beneficiary. A successor qualifies as Trustee by filing a written acceptance with a nondisabled adult income beneficiary within 30 days of receiving notice of eligibility. If there is no nondisabled adult income beneficiary, a written acceptance by a successor Trustee or a written resignation shall be filed with the court described in the paragraph captioned “Nomination by Others.” After my death, Trustee shall, within 28 days of qualifying, inform each beneficiary in writing of this Trust’s existence, the court (if any) in which the Trust is registered, Trustee’s name and address, and the fact that the beneficiary is entitled to request and receive both a copy of the Trust’s terms that describe or affect the beneficiary’s interest and relevant information about the Trust property.
c. Removal and replacement. The beneficiary of any trust, if he or she is a nondisabled adult, may remove any professional Trustee with or without cause and nominate a successor professional Trustee.
d. Nomination by others,If no nominated Trustee is able or willing to serve, a successor Trustee shall be nominated by the policy committee (or its equivalent) of [name of law firm] or its successor. If no nomination is made within 30 days of the committee’s receipt of notification of the vacancy, a successor Trustee shall be nominated by a presiding judge of the probate court (if any, otherwise the senior court of general jurisdiction) of the county in which the last acting Trustee principally administered the Trust. The judge shall act in a ministerial and not a judicial capacity.
e. Sale. Trustee may dispose of any assets at a public or private sale, on terms and for consideration that Trustee, in its discretion, finds appropriate.
f. Real estate. Trustee may buy, sell, or mortgage real estate in this or another state or country in any manner it finds appropriate. Trustee may partition or improve real estate held in the Trust and may erect or demolish buildings. Trustee may, in its discretion, grant a “qualified conservation easement” as that term is defined in the Internal Revenue Code.
g. Leases.Trustee may lease Trust assets on whatever terms it thinks fit. A lease may extend beyond the term of the Trust.
h. Mortgages. Trustee may sign, foreclose, or release any mortgages or security agreements.
i. Borrowing. Trustee may borrow money and secure the obligations by pledging Trust assets. This specifically includes the power to use margin accounts with a securities broker. Trustee may guarantee my indebtedness or the indebtedness of any business in which I have an interest and may pledge Trust property as security for loans made to me or to a business in which I have an interest.
j. Investments. Trustee may invest the Trust assets in any manner deemed appropriate by Trustee, even if an investment (by reason of its character, amount, proportion to the total trust estate, or otherwise) would not otherwise be considered appropriate for a trustee.
k. Agents. Trustee may employ others to act on its behalf. This includes the power to delegate voting rights of stock held by Trustee, and the power to appoint a person or qualified corporation to act as Trustee with respect to specified Trust assets located in any jurisdiction.
l. Nominee. Trustee may keep any of the Trust assets in the name of a nominee without mentioning the Trust in any documents dealing with ownership.
m. Delegation. Trustee may delegate any of Trustee’s powers to a co-trustee. However, no power to invade principal for the co-trustee’s benefit may be delegated to him or her.
n. Insurance companies. If the Trust is named as the beneficiary of any life insurance policy, the insurance company’s obligation is fully discharged by Trustee’s receipt of payment. The insurance company is not obligated to inquire into the terms or legal effect of the Trust.
o. Purchaser Seeing to Application by Trustee. A purchaser of assets from Trustee is only responsible for payment of the purchase price to Trustee. The purchaser is not responsible for Trustee’s disposition of the money or other consideration paid.
p. Certificate. Any person dealing with Trustee is entitled to rely on a Certificate of Trust Existence and Authority signed and acknowledged by me, by Trustee, or by Trustee’s or my attorney that appears to contain a verbatim recital of pertinent provisions of the Trust. This person need not verify its accuracy or whether it is in fact a full statement of the pertinent provisions of the Trust. Reproductions of the signed certificate shall have the same effect and authority as the original.
q. Michigan law to govern. This trust agreement is governed by and shall be interpreted according to the laws of the State of Michigan.
4. The assets in the [name of trust] Trust include, but are not limited to, the real property described in the attached schedule A.
In confirmation and affirmation of the foregoing, I certify that the trust agreement remains in full force and effect, and state that the assertion by any Trustee named above (1) that the Trustee is acting either alone or with another as a qualified trustee or (2) that the Trustee is acting with full delegated powers from a co-trustee is sufficient on its face and no person shall be put to further inquiry into the right of the Trustee to so act.
5. Reproductions of this executed original (with reproduced signatures) shall be deemed to be original counterparts of this certificate.
/s/______[Typed name of settlor /or trustee]
STATE OF MICHIGAN / )
______COUNTY / )
Signed and sworn to before me in [county] County, Michigan on [date].
/s/______[Notary public’s name, as it appears on application for commission]
Notary public, State of Michigan, County of [county].
My commission expires [date].
[If acting in county other than county of commission: Acting in the County of [county].]
Drafted by and when recorded return to:
[Name and address of drafting attorney]