Trust Agreement Form - Oklahoma

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TRUST AGREEMENT
THIS AGREEMENT, made and entered into this ________ Day of ____________________, 2______, by and
between
____________________________________________________________
Address
______________________________________________________,
of
_________________________________
Oklahoma, hereinafter referred to as TRUSTOR, and __________________________________________ Address
____________________________________, of _________________________________ Oklahoma, hereinafter referred
to as TRUST ACCOUNT DEPOSITORY:
WITNESSETH:
TRUSTOR agrees to use the TRUST ACCOUNT DEPOSITORY for the purpose of depositing certain funds
delivered to the TRUSTOR by buyers of either Non-specified or Guaranteed contracts as allowed under Oklahoma
Statutes, Title 36, Section 6121 through 6136.18 for prepaid funeral merchandise and service benefits.
(1) The money so deposited represents the funds delivered to the Trust Account Depository by the Seller as required
under Oklahoma Statutes, Title 36, Sections 6121 through 6136.18, said funds having been received by Seller from Buyer
under a contract executed by the Buyer and the Seller. TRUSTOR must deposit funds within ten (10) days after the
TRUSTOR collects said funds from a Buyer.
(2) The TRUST ACCOUNT DEPOSITORY hereby agrees to hold and disburse said funds so deposited in accordance
with the terms and provisions hereinafter set forth.
(3) The TRUSTOR and the TRUST ACCOUNT DEPOSITORY may commingle the funds belonging to separate Buyers,
so long as accurate records are kept of the amount deposited by each Buyer, and so long as each Buyer is credited with
his or her pro-rata share of any interest accruing to the commingled funds as specified under the Non-Specified and
Guaranteed contracts.
(4) If a contract has not been made irrevocable by the Buyer, then TRUSTOR may withdraw funds from a contract of a
particular Buyer in accordance with the contractual agreements set forth in the Non-specified and Guaranteed contracts
by delivery of a proper request form to the Insurance Commissioner, and with a copy made available for the TRUST
ACCOUNT DEPOSITORY.
(5) The TRUST ACCOUNT DEPOSITORY shall, upon delivery of a request form properly signed by the Buyer and
Seller, allow interest only to be withdrawn at certain specified times as set forth in the request form.
(6) TRUSTOR may withdraw funds and pay said funds to the original Seller, or to another designated person or firm
following the death of the Beneficiary listed on the original contract by delivering a proper request form to the Insurance
Commissioner, signed and authorized by the Seller and the Authorized Person, who selected the funeral merchandise
and services for the Beneficiary, with a copy made available for the TRUST ACCOUNT DEPOSITORY.
(7) It is understood and agreed that the TRUST ACCOUNT DEPOSITORY acts as a repository only, and is not
responsible in any way for the performance of services, or the furnishing of merchandise by the Seller according to the
requirements of the Contract between Buyer and Seller, and that the TRUSTOR retains sole responsibility for the proper
disbursement of funds under the requirements set forth in the Oklahoma Statutes, Title 36, Sections 6121 through
6136.18.
(8) TRUSTOR may transfer an individual account, or an amount of funds in the case of a commingled fund to a
successor or additional TRUST ACCOUNT DEPOSITORY if notice of the transfer is given to the Insurance Commissioner
at least ten (10) days prior to the transfer with a copy of said request being given the TRUST ACCOUNT DEPOSITORY
from which funds are being withdrawn.
(9) This Agreement shall supersede all previous Trust Agreements, and shall be binding upon the parties hereto and
their respective heirs, executors, administrators, successors and assigns.
IN WITNESS WHEREOF, the parties have executed this Trust Agreement the day and year first above written.
_________________________________________
_____________________________________________
SIGNING AS TRUSTOR
SIGNING FOR THE TRUST ACCOUNT DEPOSITORY
_________________________________________
_____________________________________________
FUNERAL HOME NAME
BANK NAME
_________________________________________
_____________________________________________
ADDRESS
ADDRESS
Rev. 01/2011
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