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Declaration of ClearView Benevolent - Web viewof 5617 Browning Road, Little Rock, Arkansas, 72209 in the State of Arkansas (hereinafter called the

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Page 1: Declaration of ClearView Benevolent -    Web viewof 5617 Browning Road, Little Rock, Arkansas, 72209 in the State of Arkansas (hereinafter called the

Page 1

Declaration ofIRREVOCABLE PRIVATE TRUST AGREEMENT

THIS AGREEMENT made this _____ day of _______________ 2013

BETWEEN: Unincorporated Association , in his unlimited private Sovereign capacity

(hereinafter referred to as the “Settlor”)

OF THE FIRST PART

AND: _________________________, in her unlimited private Sovereign capacity

(hereinafter referred to as the “Trustee”)

OF THE SECOND PART

WHEREAS the Settlor standing on the sacred soil of the Earth’s Natural space and field desires

to establish an irrevocable Trust and has transferred to the Trustee all property, assets, bank

accounts, automobiles, benefits, interests, and appurtenances described in “Schedule A” annexed

hereto, all of which is to be held by the Trustee upon the Trusts and with and subject to the

powers and provisions hereinafter declared and contained;

AND WHEREAS by this Indenture the Settlor desires to make a irrevocable gift of all

residual interests and appurtenances in the Trust Fund to the Beneficiaries and of the accruals,

endowments, benefices, and interests to the Beneficiaries and their Posterity forever and in

perpetuity as defined below and subject to the provisions described herein;

NOW THEREFORE WITNESSETH THAT in consideration of the promises and of

the mutual covenants and agreements herein contained, it is hereby covenanted and agreed by

and between the parties hereto as follows:

Page 2: Declaration of ClearView Benevolent -    Web viewof 5617 Browning Road, Little Rock, Arkansas, 72209 in the State of Arkansas (hereinafter called the

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1. TRUST PROPERTY

A. Transfer of Property. The Settlor, desiring to create trusts for the benefit of itself; and

the following people who are identified as follows; ____________________________ whose

address on the day of this Indenture is identified as: ______________________________

and for other good and valuable consideration, has assigned forthwith to the Trustee of the

property described in attached Schedule A (the “Trust Property”), in Trust, for the purposes

and on the conditions hereinafter stated and without complete and absolute rights of revocation.

The Settlor hereby transfer, donate, give, bequeath, assign, convey, and deliver to the Trustee the

property described in the annexed Schedule A and the instrument of Indenture known as

Schedule B. The Trustee acknowledges receipt of such property.

B. Additional Trust Property. The Settlor or any other person may increase this Trust by

delivering or having made payable to the then Trustee property deemed acceptable by the

Trustee. Such additional property shall be held by the Trustee subject to all provisions of this

Trust Agreement.

C. Trust Beneficiaries. The Trustee shall hold all property so transferred in trust for the

benefit of Settlor, and the following people named by the Settlor (the “Beneficiaries”), who are

identified as follows; __________________________________ whose address on the day of

this Indenture is identified as: _________________________________________; pursuant to

AND subject to all provisions of this Trust Agreement.

Page 3: Declaration of ClearView Benevolent -    Web viewof 5617 Browning Road, Little Rock, Arkansas, 72209 in the State of Arkansas (hereinafter called the

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2. DISPOSITIVE PROVISIONS.

A. Disposition of Property. The Trustee shall hold the property for the primary benefit of

the beneficiary, who is tentatively and initially identified as follows;

______________________., whose address on the day of this Indenture is identified as:

__________________________________________; and the Trustee shall hold, manage, and

invest the Trust property, and shall collect and receive the income, outcome and other

appurtenances and after deducting all necessary expenses incident to the administration of the

Trusts and the completion of the investment/re-investment processes, in consultation with the

Beneficiaries, shall depose of the corpus and income of the Trusts as established follows:

1.1 Upon the Dissolving of UNINCORPORATED ASSOCIATION, the Trustee shall assign

and reserve to the beneficiaries listed in schedule C, and any other additional Beneficiaries, the

entire value as ascertained and quantified representing but not limited to, the equitable,

proprietary, and all interests held by Settlor in the investments and property outlined in Schedule

A of this Agreement. The Trustee shall give as a gift, donate, give, transfer, assign, immediately

following the execution of this Trust Instrument for the consideration of the amount of One

United State Dollar (1$), for the complete and entire contents of any and all bank accounts that

the Settlor will make available to the Trustee as needed to effectuate the complete transition into

this Indenture Agreement for their use without restriction or limitation in any way they see and

choose fit.

1.2 If any named beneficiary shall become incapable of functioning as in that capacity for

any reason whatsoever, That beneficiary portion at the discretion of the Trustee, in consultation

with the remaining Beneficiaries, a non-profit organization will be nominated to be endowed

with the original beneficences and endowments of the demised beneficiary.

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1.3 Notwithstanding anything contained to the contrary, if at any time while the Trusts are in

force any financial emergency arises in the affairs of either the primary Beneficiaries of the

Trusts, or if the independent income of either the Beneficiaries (exclusive of the income from

any trust created for his or her benefit by the Settlor) and all other means of support are

insufficient for the support of the Beneficiary, in the judgment of the Trustee, the Trustee shall

pay over to the beneficiary, solely out of the corpus of the Trust for its benefit, at any time and

from time to time, the sum or sums as the Trustee, in consultation with the Beneficiaries, shall

deem necessary or appropriate in her discretion.

3. TRUSTEE’S POWERS

1.1 In the administration of the Trust, the Trustee shall have the following powers, all of

which shall be exercised in the fiduciary capacity, in consultation with the Beneficiaries, and

primarily in the interest of the Beneficiaries:

(a) To hold and continue as an investment the property, or any additional property which

may be received by Trustee, so long as Trustee deems it proper, to invest and re-invest in

different contracts and engagements or property, whether or not income-producing, deemed by

Trustee for the best interest of the Trust and the Beneficiaries.

(b) To rent or lease any property of the Trust for the time and upon the terms and for the

price or prices as The Trustee’s discretion, in consultation with the Beneficiaries, and judgment

may seem just and proper and for the best interest of the Trust and the Beneficiaries.

(c) To sell and convey any of the property of the Trust or any interest, or to exchange it for

other property, for the price or prices and upon the terms as in the Trustee discretion, in

consultation with the Beneficiaries, and judgment may be deemed for the best interest of the

Trusts and the Beneficiaries.

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(d) To make all repairs and improvements, in consultation with the Beneficiaries, at any time

deemed necessary and proper to and upon and all real property/property at any time it becomes a

constituent part of the Trust.

(e) To deduct, retain, expend, and pay out of any money belonging to the Trust any and all

necessary and proper expenses in connection with the operation and conduct of the Trust, in

consultation with the Beneficiaries.

(f) To settle, arbitrate, or defend any claims or demand in favor of or against the Trust, not

without obtaining consultation with the Beneficiaries.

(g) To incur and pay the ordinary and necessary expenses of administration, including (but

not by way of limitation) reasonable attorney’s fees, accountant’s fees, investment counsel fees,

in consultation with the Beneficiaries, and the like without the Settlor’s consent.

(h) To act as the agent and attorney-in-fact, by and under power of attorney deemed as duly

executed by this Agreement, in carrying out any and all of the authorized powers and duties as

enumerated.

(i) To engage in business with the property of the Trusts as sole proprietor, or as a general or

limited partner, with all the powers customarily exercised by an individual/person so engaged in

business, and to hold an undivided interest in any property as tenant in common or as tenant in

partnership.

(j) To determine the manner in which the expenses incidental to or in connection with the

administration of the Trust shall be apportioned as between corpus and income without

consultant and assent of Settlor.

(k) The Trustee may freely act under all or any of the powers by this Agreement given to it in

all matters concerning the Trust, in consultation with the Beneficiaries, and after forming it

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judgment based upon all the circumstances of any particular situation as to the wisest and best

course to pursue in the interest of the Trust and the Beneficiaries, without the necessity of

obtaining the consent or permission of any interested person, or the consent or approval of any

court. The powers granted to the Trustee may be exercised in whole or in part, from time to

time, and shall be deemed to be supplementary to and not exclusive of the general powers of

Trustee pursuant to law, and shall include all powers necessary to carry them into effect. The

powers granted herein to the Trustee are not subject to revocation by Settlor or any civil or

military court of law organized in any jurisdiction anywhere in the world.

(1) The Trust bank accounts to be created by Trustee will bear the signature of the Trustee as

the primary duly authorized signatory. The Trustee shall have the power to appoint additional

signers on the Trust bank accounts as secondary signers.

(m) The Trustee, in consultation with the Beneficiaries, shall have the power to execute

powers of attorney/fiduciary documents, as it deems necessary from time to time in the process

of executing and realizing the objectives of this Trust.

4. LIMITATION ON POWERS.

1.1 Notwithstanding anything contained to the contrary, no powers enumerated or accorded

to Trustee generally pursuant to law shall be construed to enable the Trustee or anybody acting

on her behalf or either of them, or any other person, to sell, purchase, exchange, or otherwise

deal with or dispose of any or any parts of the corpus or income of the Trust for less than an

adequate consideration in money or monies worth, or to enable the Trustee to borrow all or any

part of the corpus or income of the Trust, directly or indirectly, as such acts are expressly

prohibited as per the force of this Agreement.

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5. VISION OF THE TRUST.

1.1 The vision and goal XXXXXXXXXXXX is to establish a viable, unified economic

society for its targeted markets, through the return of assets, talents and benefits back to its

communities and their members. This vision is accomplished through the formation and

acquisition of principled sound companies.

6. MISSION OF THE TRUST.

1.1 The mission of CLEARVIEW BENEVOLENT IRREVOCABLE PRIVATE

TRUST is a very simple business philosophy – to bring a wide variety of Financial, Social,

Educational, Health, and Insurance products and services to its targeted communities at

affordable everyday prices.

7. CORPUS AND INCOME.

1.1 The Trustee, in consultation with the Beneficiaries, shall have the power to determine the

allocation of receipts between corpus and income and to apportion extraordinary and share

dividends between corpus and income without the approval and consent of Settlor.

8. TRUSTEE’S AUTHORITY AND THIRD PARTIES.

1.1 No person engaging in contracts, agreements, deals or otherwise purchasing, renting, or

leasing any of the property of the Trust, or in any manner dealing with the Trust or with the

Trustee, shall be required to inquire into the authority of the Trustee to enter into any transaction,

or to account for the application of any money or funds paid to the Trustee on any account.

Page 8: Declaration of ClearView Benevolent -    Web viewof 5617 Browning Road, Little Rock, Arkansas, 72209 in the State of Arkansas (hereinafter called the

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9. ADDITIONAL PROPERTY.

1.1 The Settlor reserves the right to himself or to any other person at any time, by deed or

will, to add to the corpus of the Trust, and any property added shall be held, administered, and

distributed as part of the Trust or Trusts. The additional property shall be allocated, disposed and

distributed in accordance with any directions given in the instrument of transfer and subject to all

the provisions of this Trust Agreement.

10. ACCOUNTING BY TRUSTEE.

1.1 Trustee shall render an accounting at any time to the Beneficiaries of the Trust, and will

execute an accountability meeting with Beneficiaries once every three (3) months. The

outcomes of such meeting shall be committed to written form and become binding, and

conclusive upon all persons then or thereafter interested in the Trust. The Trustee may at any

time render a judicial account of her proceedings for the Trust within the common law. All

disputes shall be settled privately using the unwritten customs and traditions of the ancient

common law without the interference of any civil court anywhere in the world.

11. COMPENSATION OF TRUSTEE.

1.1 Trustee waives the payment of any compensation for her services, but this weaver shall

not apply to any successor Trustee who qualifies and acts under this Agreement except that no

person who adds to the corpus of the Trust shall ever be entitled to any compensation. All

successor Trustees compensation shall be set by the Beneficiaries.

12. SUCCESSOR TRUSTEES.

1.1 As long as this Agreement remains an Irrevocable Trust Instrument, only the

Beneficiaries shall have the power to appoint a successor Trustee. If and whenever a named

Page 9: Declaration of ClearView Benevolent -    Web viewof 5617 Browning Road, Little Rock, Arkansas, 72209 in the State of Arkansas (hereinafter called the

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Trustee shall die, resign, become incapacitated, or refuse to act further as Trustee, without having

appointed a successor Trustee, the Beneficiaries, shall appoint a successor Trustee who will be

bound by the provisions of this Trust Agreement. No new Agreement will be required to effect

the transition and entry of the new Trustee.

13. BOND AND LIABILITY OF TRUSTEE.

1.1 The Trustee shall not be required to give any bond or other security. The Trustee shall

not be liable for any mistake or error of judgment in the administration of the Trust, except for

willful misconduct, so long as she continues to exercise her duties and powers in a fiduciary

capacity primarily in the interest of the Trust and Beneficiaries.

14. IRREVOCABILITY.

1.1 The Trust shall be irrevocable, and the Settlor expressly attests to the incumbent

irrevocability and powers, whether alone or in conjunction with others, and regardless of when or

from what source he may have acquired such rights or powers, not to alter, amend, revoke, or

terminate the Trust, or any of the terms of this Agreement, in whole or in part. By this

instrument the Settlor establishes absolutely and forever a surrender of all his possession or

enjoyment of, or right to the income from, the Trust property, and all his rights and powers,

whether alone or in conjunction with others, to designate the persons who shall possess or enjoy

the Trust property, or the income.

15. BANK ACCOUNTS.

1.1 The bank accounts will commonly read: XXXXXXXXXXXXXXX, Trustee UAT

(under Agreement of Trust) dated 1 st of August, 2011 FBO (for the benefit of) M R PHILLIPS

Page 10: Declaration of ClearView Benevolent -    Web viewof 5617 Browning Road, Little Rock, Arkansas, 72209 in the State of Arkansas (hereinafter called the

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ENTERPRISES, Inc., whose address on the day of this Indenture is identified as: 2771

Lawrenceville Hwy., Ste 206, Decatur, GA 30033.

1.2 Additional signers shall sign on the bank account under the Trustee as secondary signers.

1.3 All bank accounts shall require two (2) signatures to transfer of any and all funds on

behalf of the Trust and Beneficiaries. Ms. Carolyn Juanita Johnson shall be the first position of

signature on all bank transactions.

16. SITUS.

1.1 This Trust has been executed and delivered on the Indigenous soil and land of the world

including, but not limited to, the United States of America, as a physical space in continuing

ticking and unstoppable real time, in its original contemplation as within all international treaties

in its original Lawful standing nunc pro tunc, and shall be construed and administered according

to the unwritten Common Law (lex non-scripta), all the International Conventions,

Declarations, and Protocols for the protection of the Rights of Indigenous People of this Planet

Earth as declared in the United Nations Declaration on the Rights of Indigenous People Adopted

by General Assembly Resolution 61/295 on 13th September 2007. All disputes arising herein

shall be settled privately using the unwritten customs and traditions of the ancient common law

without the interference of any civil court anywhere in the world.

17. CHANGE OF SITUS.

1.1 The Trustee, in consultation with the Beneficiaries, may, at any time, and from time to

time, as she may deem advisable, in her sole discretion, for the benefit or security of any Trust

Page 11: Declaration of ClearView Benevolent -    Web viewof 5617 Browning Road, Little Rock, Arkansas, 72209 in the State of Arkansas (hereinafter called the

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created hereunder, or any portion thereof, remove (or decline to remove) all or any portion of the

property or the situs of administration thereof from one jurisdiction to another jurisdiction and

elect that the laws of such other jurisdiction shall thereafter govern the same to such extend as

may be necessary or desirable, and thereupon, the courts of such other jurisdiction shall be bound

by the power to effectuate the purposes of the Trusts created hereunder to such extent. This

power of removal shall be a continuing power that may be exercised any number of times

including further removal or change of location of property or situs of administration of this

Trust. The determination of the Trustee, in consultation with the Beneficiaries, as to any such

removal or change of situs shall be binding and conclusive on all individuals/persons interested

or claiming to be interested in any Trust created hereunder.

18. CONTINUING AND UNLIMITED POWER TO CONTRACT.

1.1 The Trustee shall have an unlimited and continuing power to engage and contract for and

on behalf of the Trust and Beneficiaries. No one intending to engage in or contract with the

Trust shall question the powers of the Trustee to engage and transact as she deems fit, reasonable

and for the beneficial interest of the Trust.

Page 12: Declaration of ClearView Benevolent -    Web viewof 5617 Browning Road, Little Rock, Arkansas, 72209 in the State of Arkansas (hereinafter called the

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IN WITNESS WHEREOF, the Settlor and Trustee have executed and acknowledged the Trust

instrument on the date first written above.

Dr. Michael Ray Phillips, Settlor

Ms. Carolyn Juanita Johnson, Trustee

STATE OF NEW YORK}CITY OF NEW YORK }ss:COUNTY OF NEW YORK}

On this day, before me, Mrs. Joyce Kemp, personally appeared Dr. Michael Ray Phillips and

Ms. Carolyn Juanita Johnson, known to be the individuals described herein and who executed

the CLEARVIEW BENEVOLENT IRREVOCABLE PRIVATE TRUST within and the

foregoing instrument as Settlor and Trustee, and acknowledged that they signed the same as their

free and voluntary act and deed for the uses and purposes therein mentioned.

___________________________________Dr. Michael Ray Phillips, Settlor

___________________________________Ms. Carolyn Juanita Johnson, Trustee

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this 1st

day of August, 2011.

_____________________________________Mrs. Joyce Kemp

20 JANUARY 2014 My Commission Expires

Affiant: ________ Known: ____X____

Page 13: Declaration of ClearView Benevolent -    Web viewof 5617 Browning Road, Little Rock, Arkansas, 72209 in the State of Arkansas (hereinafter called the

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Declaration ofCLEARVIEW BENEVOLENT

IRREVOCABLE PRIVATE TRUST AGREEMENT

SCHEDULE A

TRUST PROPERTIESThe Trust properties are as follows and ascertained:

THE ENTIRE VALUE AS ASCERTAINED AND QUANTIFIED REPRESENTING BUT NOT LIMITED TO, ENDORSEMENTS, COMMITMENTS, ALL PROGRAMS, PROJECTS, ACTIVITIES, ENGAGEMENTS, ARISING FROM THE EXECUTION OF ANY AND ALL INVESTMENT INTERESTS HELD BY SETTLOR AND M R PHILLIPS ENTERPRISES, Inc.

Page 14: Declaration of ClearView Benevolent -    Web viewof 5617 Browning Road, Little Rock, Arkansas, 72209 in the State of Arkansas (hereinafter called the

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Declaration ofCLEARVIEW BENEVOLENT

IRREVOCABLE PRIVATE TRUST AGREEMENT

SCHEDULE B

THIS INDENTURE

THIS AGREEMENT made this 1 st day of August, 2011,

Between

Dr. Michael Ray Phillips of 5617 Browning Road, Little Rock, Arkansas, 72209 in the State

of Arkansas (hereinafter called the “Settlor”)

-and-

Ms. Carolyn Juanita Johnson of 5340 West Kennedy Blvd. Tampa, Florida 33609, in the

State of Florida (hereinafter called the “Trustee”)

WHEREAS, the Settlor is in possession of the personal property (hereinafter known as “the

Trust Properties”) hereinafter set forth, and wishes to make a unconditional gift of a remainder

interest in the said personal properties to the Trustee;

AND WHEREAS, the Settlor wishes to assign, gift, bequeath, give, donate, transfer, to the

designated beneficiary M R PHILLIPS ENTERPRISES, Inc., whose address on the day of

this Indenture is identified as: 2771 Lawrenceville Hwy., Ste 206, Decatur, GA 30033;

AND WHEREAS, the Settlor makes this gift to the Trustee to ensure that the said personal

properties are not considered a part of the Settlor’s estate upon the Settlor’s death;

Page 15: Declaration of ClearView Benevolent -    Web viewof 5617 Browning Road, Little Rock, Arkansas, 72209 in the State of Arkansas (hereinafter called the

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NOW THEREFORE, this Indenture witnesses that in pursuance of the wishes of the Settlor as

expressed herein, the Settlor does assign, transfer and set over unto the Trustee all interests in the

personal properties as described in SCHEDULE A;

WHEREAS, the Settlor’s life interest shall be terminable upon the Settlor’s death and benefit

named beneficiary and posterity from then on;

All of which personal properties will be in the possession of the Settlor as of the date of the

execution of this Trust Agreement;

It is agreed that this Indenture and everything herein contained shall inure to the benefit of the

Beneficiary or Beneficiaries named in this Agreement and their posterity and be binding upon

heirs, executors, administrators, assigns, or successors from now into the future and continuing

into perpetuity forever and ever, as the case my be.

IN WITNESS WHEREOF, the Settlor and Trustee have executed this Indenture as of the date

hereinbefore mentioned.

Signed, Sealed and Delivered)

___________________________________Dr. Michael Ray Phillips, Settlor

___________________________________Ms. Carolyn Juanita Johnson, Trustee

In the presence of

_____________________________________Mrs. Joyce Kemp