Certificate Of Trust Existence And Authority Form - State Of Michigan Page 2

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power to amend or revoke may be exercised by Grantors (or either of them) at any
time and without the consent of Trustee or anyone else, but the revocation or
amendment must be in writing. No amendment, however, may increase the duties or
responsibilities of Trustee without Trustee’s written consent.
If neither Grantor is acting as Trustee due to disability or death, as defined in
this document, successor Trustee may revoke this Agreement partially or completely
or amend it in any respect. The revocation or amendment must be in writing signed
by all currently acting Trustees.
Article VII Administrative Powers
Trustee has the power to perform every act that a reasonable and prudent investor
would perform incident to the collection, preservation, management, use, and distribution
of the trust assets to accomplish the desired result of administering the trust legally and in
the best interests of the trust beneficiaries, without the approval of any court or
beneficiary. During Grantor’s lifetime, however, Grantor may direct Trustee with respect
to any matter concerning the administration, distribution, or investment of trust assets.
Trustee shall have no liability for following Grantor’s direction. Subject to the foregoing,
and except as otherwise provided in this Agreement, Trustee possesses, in addition to or
in substitution for, but not otherwise in limitation of, common-law and statutory powers,
the following authority.
* * *
7.7.
Deposits and investments.
Deposit trust assets in a financial institution,
including a financial institution operated by or affiliated with Trustee, and invest and
reinvest trust assets as would a prudent investor acting in accordance with the Michigan
prudent investor rule, and deposit securities with a depositary or other financial
institution. In exercising these powers, Trustee, consistent with its fiduciary duty, may
invest in and terminate investments in securities, common trust funds, and deposit
accounts of a professional trustee or any of its affiliates or in a mutual fund of which any
professional trustee or any of its affiliates serve as investment adviser or in any other
capacity; purchase and retain securities that are underwritten by a professional trustee or
any affiliate either individually or as a member of a syndicate; make investment
transactions through a brokerage company that is affiliated with a professional trustee;
and purchase annuities, insurance policies, and other insurance or investment products
through an insurance company that is affiliated with a professional trustee.
***
7.10
Administer real estate. Subdivide, develop, or dedicate land to public use; make
or obtain the vacation of a plat or adjust a boundary; adjust a difference in valuation on
exchange or partition by giving or receiving consideration; grant or retain easements;
dedicate an easement to public use with or without consideration; or otherwise deal in
real property, or any interest therein, as Trustee deems appropriate, without regard to the
duration of such interests.
* * *
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