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Contract analysis / revocable-trust-certification.docx
revocable-trust-certification.docx
1034-00004 · 20 clauses
High · 2 Medium · 7 Standard · 0
Section 1: Trust Identification Medium
⚑ Forum / governing law
Section 1: Trust Identification The following information identifies the trust that is the subject of this Certification: Full Name of Trust: Caldwell Revocable Trust Original Date of Establishment: October 3, 2010 Date of Amendment and Restatement: February 6, 2023 (effective April 1, 2023) The Caldwell Revocable Trust (the "Trust") was originally established on October 3, 2010, pursuant to a written trust agreement
Section 2: Settlor / Grantor
Section 2: Settlor / Grantor The following information identifies the individual who established the Trust and who serves as the Settlor (also referred to as the "Grantor") thereof: Full Legal Name of the Settlor: Jonathan Robert Caldwell Date of Birth: March 14, 1956 Current Residential Address: 418 East 72nd Street, Apt. 14A New York, NY 10021 The Settlor is currently living and, as of the date of this Certificatio
Section 3: Currently Acting Trustee
Section 3: Currently Acting Trustee The following information identifies the individual currently serving as Trustee of the Trust: Currently Acting Trustee: Jonathan Robert Caldwell Address of Currently Acting Trustee: 418 East 72nd Street, Apt. 14A New York, NY 10021 Pursuant to the terms of the Trust Agreement, the Settlor serves as the sole Trustee of the Trust during his lifetime and while he has legal capacity.
Section 4: Successor Trustees Medium
⚑ Forum / governing law
Section 4: Successor Trustees The Trust Agreement names the following individuals as successor Trustees, who shall serve in the order and under the circumstances described below: First Successor Trustee Name: Eleanor Victoria Caldwell (spouse of the Settlor) Address: 418 East 72nd Street, Apt. 14A New York, NY 10021 Eleanor Victoria Caldwell shall serve as Trustee of the Trust upon the death, incapacity, or resignati
Section 5: Revocability Medium
⚑ Liability cap to check against exposure
Section 5: Revocability The Trust is revocable by the Settlor during his lifetime. The Settlor has reserved, and continues to hold, the full and unrestricted right to amend, modify, or revoke the Trust Agreement in whole or in part at any time and from time to time during his lifetime, for any reason or for no reason. Any amendment, modification, or revocation of the Trust must be effected by a signed written instrum
Section 6: Trustee Powers Medium
⚑ Liability cap to check against exposure
Section 6: Trustee Powers The Trustee has broad and comprehensive powers under the Trust Agreement and under applicable provisions of New York law, including but not limited to the New York Estates, Powers and Trusts Law. The following summary of Trustee powers is provided for informational purposes and is not intended to be exhaustive. The Trustee's powers include, without limitation, the following: Real Property. T
Section 7: Number of Beneficiaries and General Information High
⚑ Non-compete / exclusivity restraint
Section 7: Number of Beneficiaries and General Information The Trust has multiple beneficiaries. The specific identities, shares, interests, and entitlements of the beneficiaries are contained in the Trust Agreement and are not disclosed in this Certification. No third party is entitled to require the disclosure of such information as a condition of relying upon this Certification or transacting business with the Tru
Section 8: Title to Trust Assets
Section 8: Title to Trust Assets Assets held in the Trust should be titled in the following form: "Jonathan R. Caldwell, Trustee of the Caldwell Revocable Trust, dated October 3, 2010, as amended and restated effective April 1, 2023" Alternatively, the following abbreviated form may be used where the foregoing form is impractical due to character limitations or institutional requirements: "Jonathan R. Caldwell, Trust
Section 9: Trust Situs and Governing Law Medium
⚑ Forum / governing law
Section 9: Trust Situs and Governing Law The Trust is sitused in the State of New York. The principal place of administration of the Trust is the State of New York, County of New York. The Trust Agreement is governed by and shall be construed in accordance with the laws of the State of New York, including the New York Estates, Powers and Trusts Law, the New York Surrogate's Court Procedure Act, and all other applicab
Section 10: Representations and Warranties of the Trustee
Section 10: Representations and Warranties of the Trustee The undersigned Trustee hereby certifies, represents, and warrants to all third parties who may rely upon this Certification as follows:
1. Valid Establishment and Existence. The Trust described herein has been validly establi
1. Valid Establishment and Existence. The Trust described herein has been validly established in accordance with the laws of the State of New York and is currently in existence, in full force and effect, and has not been revoked, terminated, or otherwise extinguished.
2. No Inconsistent Modification. The Trust has not been revoked, terminated, or modified
2. No Inconsistent Modification. The Trust has not been revoked, terminated, or modified in any manner inconsistent with the statements contained in this Certification. All material terms and provisions of the Trust that are relevant to the authority of the Trustee and the validity of the Trust are accurately reflected herein.
3. Current Trust Agreement. The Amended and Restated Trust Agreement, executed on Februar
3. Current Trust Agreement. The Amended and Restated Trust Agreement, executed on February 6, 2023, and effective April 1, 2023, is the most current version of the trust agreement and contains all operative terms and provisions governing the Trust. There are no amendments, supplements, or modifications to the Trust Agreement other than those reflected in the Amended and Restated Trust Agreement.
4. Authority of the Trustee. The undersigned is the currently acting Trustee of the Trust
4. Authority of the Trustee. The undersigned is the currently acting Trustee of the Trust and has full authority to act on behalf of the Trust in all matters, including the acquisition, management, and disposition of trust assets, the execution and delivery of documents and instruments, and the conduct of all transactions described in this Certification or contemplated by the Trust Agreement.
5. No Pending or Threatened Proceedings. There are no pending or threatened legal proceed Medium
⚑ Forum / governing law
5. No Pending or Threatened Proceedings. There are no pending or threatened legal proceedings, investigations, or other actions that would affect the validity of the Trust, the authority of the Trustee to act on behalf of the Trust, or the ownership of trust assets. The Trust is not a party to any litigation, arbitration, or other proceeding that would impair the Trustee's ability to transact business on behalf of th
6. Truth and Accuracy. All statements contained in this Certification are true, correct,
6. Truth and Accuracy. All statements contained in this Certification are true, correct, and complete in all material respects as of the date of execution hereof. The undersigned has not knowingly omitted any material fact that would render any statement herein misleading or inaccurate.
7. No Co-Trustee. No other person or entity currently serves as co-trustee of the Trust.
7. No Co-Trustee. No other person or entity currently serves as co-trustee of the Trust. The undersigned is the sole Trustee and acts alone in all matters relating to the administration of the Trust.
Section 11: Reliance by Third Parties Medium
⚑ Liability cap to check against exposure
Section 11: Reliance by Third Parties Any financial institution, bank, trust company, brokerage firm, transfer agent, custodian, title company, insurance company, or other third party to whom this Certification is presented may rely upon this Certification of Trust without requiring the production of the full Trust Agreement. A third party acting in good faith reliance upon the statements, representations, and warran
Section 12: Limitation on Disclosure
Section 12: Limitation on Disclosure This Certification of Trust is provided solely for the purpose of confirming the existence of the Trust, the identity and authority of the currently acting Trustee, the powers of the Trustee, and certain other administrative and structural terms of the Trust, all as described herein. This Certification is not intended to, and does not, constitute a complete summary or restatement
Section 13: Execution and Notarization High
⚑ Penalty / liquidated damages
Section 13: Execution and Notarization IN WITNESS WHEREOF, the undersigned Trustee has executed this Certification of Trust as of the date set forth below, and hereby affirms under penalty of perjury that the statements contained herein are true, correct, and complete in all material respects. TRUSTEE: By: ________ Jonathan R. Caldwell Trustee of the Caldwell Revocable Trust Date: ________ Address: 418 East 72nd Stre