HomeMy WebLinkAbout20200109_Certification of Trust_5-19-2018CERTITICATION OF TRUST
STATE OF CALIFORNIA
COUNTY OF ORANGE
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The undersigned trustees hereby certify the following:
TRUST TITLE. This Certification of Trust relates to the ALDER REVOCABLE TRUST DATED
MAY 19,2078 (the "trust") created by trust agreement (the "trust agreement") on May 19,2018.
2. SETTLORS. The names of the settlors are JOHN D. CASEY and MICHAEL S.O. FRANZ.
3. CURRENT TRUSTEES. The name and address of the currently acting trustee is:
Richard E. Masson
4 Park Plaza, Suite 1240
Irvine, Califomia 92614
4. TRUSTEE POWERS. The powers of the trustee are set forth in the appendix to this document.
5. REVOKING THE TRUST. The trust agreement is revocable.
The following persons hold the power to revoke the trust:
John D. Casey and Michael S.O. Franz
6.CO-TRUSTEES. Except as to assets specifically categoized as individual propertyof either spouse
by a community property agreement, the signature of all co-trustees is required to exercise the powers of
the trustee under the trust. The co-trustees may exercise dominion and control over any and all of the
trust assets only upon the consent of all co-trustees. However, if a co-trustee is unable or unwilling to
act, the remaining co-trustee(s) shall serve with all rights and responsibilities originally given to all
co-trustees.
TAX ID. The trust's taxpayer identification number is 104-62-4162.
TITLING ASSETS. Trust assets should be titled in the following manner:
RICHARD E. MASSON, trustee of the ALDER REVOCABLE TRUST DATED MAY 19,2018
The undersigned hereby represent that the statements contained in this Certification of Trust are true and
correct, and that there are no other provisions in the trust agreement or amendments that limit the powers
of the trustees to sell, convey, pledge, mortgage, lease, manage, operate, control, transfer title, divide,
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convert, allot, or sell upon deferred payments trust property, including real and personal property, that
would create liability ftrr any third palty rulying on this document as authorization for trusteesrauthority
This trust has not been revoked, modified, or amended in any manner which would cause the
representations in this certification of trust to be incorrect. This Certification of Trust is being signed
by all currently acting trustees of the trust.
APPENDIX
*** ARTICLE FOUR PROVIDES
TRUSTEE POWERS
A MANAGEMENT OF TRUST PROPERTY:
With respect to property governed by any trust created under this agreement, except as otherwise
specifically provided in this trust, the trustee(s) shall have all the rights, powers and authority to deal
with and manage the assets of this trust that an individual owner would have if there were no trust and
the trustee(s) were acting as legally competent individual(s) dealing with their own property. This
includes, but is by no means limited to the right to borrow against or pledge any of the trust assets,
including the right to mortgage real estate and margin stocks or other securities owned by the trustee(s)
of the trust. This includes all powers now or hereafter conferred upon trustee(s) by applicable state law,
and also those powers appropriate to the orderly and effective administration of the trust. Any
expenditure involved in the exercise of the trustee(s)'powers shall be borne by the trust.
Trustee(s)'powers shall include, but shall not be limited to, the following powers:
To sell, convey, pledge, mortgage, lease, manage, operate, control, transfer title, divide, convert
or allot the trust property, including real and personal property, and to sell upon deferred
payments; to lease for terms within or extending beyond the duration of the trust for any pu{pose;
to enter into covenants and agreements relating to the property so leased or any improvements
which may be erected on such property.
To abandon or retain underproductive or nonproductive assets, and to invest and reinvest the
trust funds in such property as the trustee(s), in the exercise of reasonable business judgment,
may deem advisable, including stock of the trustee(s) and investments in any common trust fund
now or hereafter established by trustee(s), except in regard to marital deduction property, in
which case the survivor of us shall have the power to direct the trustee(s) to make the property
income producing.
To deal with itself or affiliates, to borrow money for any pu{pose; to place, replace, renew or
extend any encurnbrance upon any trust property by mortgage, deed of trust, pledge or otherwise,
regardless of the pu{pose of any such action.
To establish lines of credit and to guarantee any and all loans made to either or both of us
regardless of the purpose of the loan.
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5 To participate in voting trusts, pooling agreements, foreclosures, reorganizations, consolidations,
mergers and liquidations and, in connection therewith, to deposit securities with and transfer title
and all rights and responsibilities to any protective or other committee as the trustee(s) may deem
advisable.
To acquire or dispose ofan asset for cash or on credit, at public or private sale, and to exchange,
partition, change the character of or abandon a trust asset or any interest herein.
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To make improvements, alterations, or ordinary or extraordinary repairs of buildings or other
trust property; to demolish any improvomonts; and to razo oxisting or oreot new party walls or
buildings.
To subdivide, develop or dedicate land to public use; to make or obtain the vacation of plats and
adjust boundaries; to adjust differences in valuation on exchange or partition by giving or
receiving consideration; to dedicate easements for public use without consideration; and to create
restrictions, easements or other servitudes.
9 To grant an option involving disposition of a trust asset, or to take an option for the acquisition
of any asset.
10. To vote a security, in person or by general or limited proxy.
11.To pay calls, assessments and arry other sums chargeable or accruing against or on account of
securities.
To sell or to exercise or not exercise, as the trustee(s) may deem advisable, any subscription,
conversion or other rights or options which may at any time attach to, belong to or be given to
the holders of any stocks, bonds, securities or other instruments in the trust estate.
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13. To engage in covered call writing.
14. To buy, sell and trade in securities of any nature.
To hold a security in the rurme of a nominee or in any other form without disclosure of the trust,
so that title to the security may pass by delivery, but the trustee(s) shall be liable for any act of
the nominee in connection with the security so held.
To insure the assets of the trust against damage or loss, and the trustee(s) against liability with
respect to third persons.
To advance money for the protection of the trust and for all expensos, losses and liabilities
sustained in the administration of the trust or because of the holding or ownership of any trust
assets. Thereon, the trustee(s) shall have a lien on the trust assets for any such advances.
l8 To pay or contest any claim; to settle a claim by or against the trust by compromise, arbitration
or otherwise; to release, in whole or in part, any claim belonging to the trust to the extent that the
claim is uncollectible; and to institute, compromise and defend actions and proceedings.
19.To commence or defend litigation with respect to the trust or any property of the trust estate as
trustee(s) may deem advisable and to employ such counsel as the trustee(s) shall deem advisable
for that purpose.
To enforce any mortgage, deed of trust or pledge and, at any sale under any mortgage, deed of
trust or pledge, to bid and purchase, at the expense of the trust, any property subject to any such
security instrument.
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21.To pay taxes, assessments, any compensation of trustee(s) as allowed under other provisions of
this Dcclaration of Trust and other reasonable expenses incurred in the colloction, caro,
administration and protection of the trust.
To continue or participate in any business or other enterprise and to effect incorporation,
dissolution or other change in the form of organization of the business or enterprise.
To pay the debts of either or both of us, the cost of any final illnesses of either of us, and the cost
of each of our funerals and final disposition, and to authorize any actions necessary to arrange
for each of our funerals and final disposition.
To appoint a general or special agent to act on trustee(s)' behalf. Any power of attorney the
trustee(s) create pursuant to this power shall cease when the appointing trustee(s) cease to act as
trustee(s).
Our trustee(s) shall have access to any safe deposit box of ours or of either of us (whether the
box is held in one of our names alone, in our revocable trust, or jointly with one another or with
others) wherever located, and may remove the contents and surrender the box on our behalf.
Any institution in which a safe deposit box of ours or either of us is located is not liable to either
of us, to our trust, or to our heirs or estate for permitting our trustee(s) to exercise this power.
After the death of both of us, upon any division or partial or final distribution of the trust estate,
the trustee(s) shall have the power to partition, allot and distribute the trust estate in undivided
interests or in kind, or partly in money and partly in kind, at valuations determined by the
trustee(s), and to sell such property as the trustee(s) consider necessary to make such division or
distribution. The trustee(s) may make non pro rata divisions between beneficiaries as long as
the respective assets allocated to separate trusts or shares or the distributions to beneficiaries
have equivalent or proportionate fair market value.
The trustee shall have the power to access, use, control, and assume the ownership rights of any
of our digital or electronic devices, including but not limited to, desktop, laptop, tablet, or other
types of computers and their peripheral equipment, storage devices, mobile telephones, smart
phones, personal digital assistants, electronic books, electronic watches, electronic body and
activity monitoring equipment, cameras, audio and video recorders, and any similar digital
devises, which we may own or lease at our deaths. Our trustee shall have the power to access,
manage, modify, deactivate, delete, control, sell and transfer any digital assets, electronically
stored information, andlor electronic communications owned by us on the dates of our deaths,
including, but not limited to, emails received by us during our lifetimes or after our deaths, email
accounts, short message and text accounts, records of electronic communications, digital music,
digital photographs, digital video, digital voice and voicemail, video games and virtual worlds or
fantasy accounts created by any such games or other programs, apps, software applications,
software licenses, internet accounts, social network accounts, networking websites, blogs, file
sharing accounts, financial accounts, domain registrations, narnes, or DNS service accounts,
online accounts at stores or other entities, social media, membership or patronage accounts with
all inherent rights and benefits, and other online accounts or rights, which either currently exist
or may exist at the time of our deaths. Our trustee may obtain copies of any such digital
information and may authorize others to have access to such digital information. Our trustee may
employ agents or advisors to assist in collecting such electronic data, including, but not limited
to, accessing such accounts, resetting passwords or other authenticating protocols, either
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decrypting or encrypting digital information. The powers granted to our trustee shall be broadly
construed and shall not be limited or restricted by any web or electronic service provider.
The trustee(s) shall have the power to deal with governmental agencies; to make applications for,
receive and administer any of the following benefits, if applicable: Social Security, Medicare,
Medi-Cal (or Medicaid for any state other than California in which one or both of us may reside),
Supplemental Security Income, and any other government resources and community support
services available. The trustee(s) shall have the power to explore and implement legally
acceptable Medi-Cal planning strategies and options to plan and accomplish asset preservation if
either of us needs long-term health and nursing care.
If the estate of either of us is probated and the estate(s) do not contain sufficient funds with
which to pay legally enforceable debts and expenses, the personal representative(s) of the
respective estate shall have the right to request that the trustee(s) of this trust distribute to the
estate(s) an amount necessary to satis$r the legally enforceable debts and expenses, and the
trustee(s) are authorized,inthe sole discretion of the trustee(s), to distribute funds to the estate
for said debts and expenses, except that the trustee(s) shall make no paynent from assets, such as
life insurance proceeds, that would otherwise be immune from creditors' claims.
Property passing to the trustee(s) of any trust under this agreement may be disclaimed by said
trustee(s) without court order or approval of beneficiaries, and the trustee(s) shall recognize a
beneficiary's disclaimer of all or any part of said beneficiary's interest in any property
distributable to the beneficiary, provided the disclaimer is made in accordance with the
requirements for a disclaimer pursuant to I.R.C. $ 2518.
If no executor, personal representative or administrator is appointed, qualified and acting in the
United States in regard to decedent-spouse's estate, the trustee(s) of the revocable trust are
authorized to make an election regarding any deceased spousal unused exclusion amount
pursuant to I.R.C. $ 2010.
The trustee(s) shall have the power to permit any beneficiary to use any tangible personal
property held as an asset of a trust without incurring liability to the trustee(s) or the
beneficiary(ies) for damage to, or consumption or loss of, such property.
The trustee(s) are authorized to divide any trust, whether existing or to be established, into two or
more separate smaller trusts, without any requirement for said trusts to be equal in value, and
without any requirement for discretionary distributions to be made proportionally among said
trusts, whenever the trustee(s) believe such division may achieve desirable tax results for the
trust or its beneficiaries, promote easier administration or otherwise be in the best interests of the
trust or its beneficiaries. Upon termination of any separate smaller trust, the trustee(s) are
authorized to distribute from any one such trust to any beneficiary in proportions/amounts as the
trustee(s) consider desirable so long as distribution from all such separate smaller trusts would, if
such trusts were a single trust, satisff the provisions goveming the trust before its division.
The trustee(s) may appoint one or more outside investment managers to provide discretionary
investment management of all or part of the trust's property, and may delegate investment
authority to such managers with respect to the trust property committed to manager's discretion.
The trustee(s) may compensate any such investment manager for its services without reduction
of the trustee(s)' compensation. Any such delegation shall be evidenced by an investment
advisory agreement or similar document.
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In the event any corporate trustee(s) shall merge, consolidate with, sell, or transfer substantially
all of its business assets to another corporation, the corporation resulting from such merger or
consolidation of the corporation to which it is converted or to which such sale or transfer shall be
made, shall hereupon become the trustee(s) hereunder with the same effect as though originally
named.
Any expense incurred by the trustee(s) under this Article may be charged against income or
principal as the trustee(s) shall determine in a fair and equitable manner to the extent the
allocation is not covered by statute.
The trustee(s) are authoized, in the trustee(s)'absolute discretion, with respect to environmental
issues that may arise with respect to any property, real or personal, at any time held under any
provision of this trust agreement and without a$hoization by any court and in addition to any
other rights, powers, authority and privileges granted by any other provision of this trust
agteement or by statute or general rules of law:
a.To use or expend the trust income and principal to (1) conduct environmental
assessments, audits, and site monitoring to determine compliance with any environmental
law or regulations thereunder; (2) take all appropriate remedial action to contain, cleanup
or remove any environmerfalhazard including a spill, release, discharge or
contamination, either on its own accord or in response to regulations thereunder; (3)
defend, settle, or act upon legal proceedings brought about by any local, state, federal or
foreign agency concerned with environmental law or regulations thereunder; (4) comply
with any local, state or federal agency order or court order directing an assessment,
abatement or cleanup of any environmentalhazards; and (5) employ agents, consultants
and legal counsel to assist or perform the above undertakings or actions.
To disclaim, in whole or in part, any interest in property for any reason, including but not
limited to a concem that such property could cause potential liability under any federal,
state, local or foreign environmental law.
The trustee(s) shall not be liable for any loss or depreciation in value sustained by the
trust as a result of the trustee(s) retaining any property upon which there is later
discovered to be hazardous materials or substances requiring action pursuant to any
federal, state, local or foreign environmental law, unless the trustee(s) contributed to the
loss or depreciation in value through willful default, willful misconduct or gross
negligence.
Notwithstanding any provision in this trust agreement to the contrary, the trustee(s) may
withhold a distribution to a beneficiary until receiving from the beneficiary an
indemnification agreement in which the beneficiary agrees to indemnify the trustee(s)
against any claims filed against the trustee(s) as "owner" or "operator" under the
Comprehensive Environmental Response, Compensation and Liability Act of 1980 as
subsequently amended from time to time or against any regulation thereof.
38. Broad Investment Powers Under Prudent Investor Rules
The trustee(s) may, in the trustee(s) discretion, invest and reinvest trust funds in every kind of
property (real, personal, or mixed) and every kind of investment, specifically including but not
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limited to corporate obligations of every kind, (preferred or cofirmon stocks, shares of investment
trusts, investment companies, and mutual funds), life insurance policies, notes, real estate, bonds,
debentures, mortgages, deeds of trust, mortgage participations, market funds and index funds
appropriate under the then prevailing circumstances (specifically including but not limited to the
factors set out in Probate Code $ K0a7@)):
General economic conditions.
The possible effects of inflation or deflation.
The expected tax consequences of investment decisions or strategies.
The role that each investment or course of actions plays within the overall trust portfolio
The expected total return from income and the appreciation of capital.
Other resources of beneficiaries known to the trustee(s) or determined from information
provided by the beneficiaries.
Needs for liquidity, regularity of income, and preservation or appreciation of capital.
An asset's special relationship or special value, if any, to the purposes of the trust or to
one or more of the beneficiaries.
In doing so, the trustee(s) shall exercise care, skill, and caution to attain our goals under this
instrument, including retention of rental real estate owned by this living trust. The trustee(s)
shall consider individual investments as part of an overall investment strategy having risk and
return objectives reasonably suited to the purposes of the trust. The trustee(s)'investments may
include stock in any common trust fund administered by a corporate trustee.
The trustee(s) shall administer the trust in
Income Act; Probate $ 16320-16375.
the California Uniform Principal and
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E. MASSON
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A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the
or validi of that document.
State of California
County of Orange
On May 23,2018 before me, Anna M. Guzman, Notary Public, personally appeared RICHARD E. MASSON,
who proved to me on the basis of satisfactory evidence to be the person($ whose name($ is/aresubscribed to
the within instrument and acknowledged to me that he/she/they executed the same inhislherrl+keir authorized
capacity(ies), and that by hislhsrlid;rorr signature($ on the instrument the person(*), or the entity upon behalf of
which the person(r) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
WITNESS my and official seal.
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Signature (Seal)
This instrument was drafted by
Richard E. Masson, Esq.,
MASSON & FetrNl, rtp
4 P ark Plaza, Suite 1 240, Irvine, California 9261 4 -85 56
ANNA M. GUZMAN
Commission # 2103747
Notary Public - California
0range County
Mar 1 201 9