REVOCABLE TRUST AGREEMENT. AGREEMENT made this, between the RECTOR, CHURCH. WARDENS AND VESTRY OF, a Pennsylvania

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Transcription:

REVOCABLE TRUST AGREEMENT AGREEMENT made this, between the RECTOR, CHURCH WARDENS AND VESTRY OF, a Pennsylvania corporation (thereinafter called the Church) and THE CHURCH FOUNDATION, a Pennsylvania corporation and the designated Trustee of the Protestant Episcopal Church in the Diocese of Pennsylvania to hold real and personal property for churches and church-related organizations in the Diocese (hereinafter called the Trustee): WITNESSETH FIRST: The Church hereby transfers the property set forth on the attached Schedule A to the Trustee, in trust, to be held by said Trustee as the for the purpose of SECOND: The Trustee shall keep said property invested and shall pay the net income there from to the Church or its authorized representative in accordance with such instructions as may be given to the Trustee in writing by the duly authorized representative of the Church, without liability on the part of the Trustee to see to the proper use thereof by the Church.

#2 THIRD: If the Church shall at any time not be maintained in accordance with the doctrine, discipline and worship of the Protestant Episcopal Church in the Diocese of Pennsylvania, or if the Church shall become incapable of corporate action through loss of membership or otherwise, or if in the determination of the Standing Committee, the Church has in fact discontinued the normal exercise of corporate functions, the trustee shall apply the principal and income as the Ecclesiastical Authority and Standing Committee of the Diocese of Pennsylvania shall direct in accordance with the Canons of the Diocese. FOURTH: The Church gives the Trustee the following powers which the Trustee may exercise in its absolute discretion without obtaining court approval: (A) To retain and invest in such forms of property as are authorized investments for fiduciaries under Chapter 73 of Pennsylvania Probate, Estates and Fiduciaries Code, and any amendment thereto, including, without limitation, investment of all or any part of the principal in the Consolidated Fund or any other similar fund maintained and managed by the Trustee, without any liability for losses from investments made in accordance with this Paragraph A. (B) To sell and convey any real estate received from the Church, and to invest the proceeds in accordance with this item FOURTH.

#3. FIFTH: The Church reserves the right to amend or revoke this Trust Agreement in whole or in part, at any time and from time to time by instrument in writing, providing that such revocation shall be subject to the following: (A) The power of amendment or revocation shall not be exercisable until two years have elapsed following the execution of this Agreement. (B) The Trust Agreement may be amended or revoked only by written direction of the Church through an officer thereof authorized to give such direction, which direction shall be accompanied by a certified copy of a resolution duly adopted by the Vestry in accordance with its by-laws. (C) The Church shall deliver a written receipt to the Trustee for the cash withdrawal under the power of revocation, or in the case of the distribution of securities, a receipt showing the value of said securities as of the date of their withdrawal and distribution to the Church. (D) If the principal or any part thereof is invested in units of the Consolidated Fund or another fund operated by the Trustee at the time notice of revocation or withdrawal is given, the Trustee shall be empowered to liquidate said units on the basis of that unit value determined by the next valuation of the capital Fund following such notice, and distribution at that time shall be made on the basis of the then market value of the units of the said Fund.

#4. IN WITNESS WHEREOF, the Church and the Trustee have caused this Trust Agreement to be executed each by its proper officer, and their corporate seals affixed, duly attested, that day and year first above written. ATTEST: (Name of the Church) By: ATTEST: THE CHURCH FOUNDATION Assistant Secretary By: Executive Director

SCHEDULE A Cash.$