CERTIFICATION OF TRUST

State of Alaska

Pursuant to Alaska Statutes Section 13.36.079

// GUIDANCE: This certification is designed to comply with AS 13.36.079. The
// statute permits a trustee to furnish this certification in lieu of the full
// trust instrument to any person other than a beneficiary. Customize the
// trustee powers section to match the specific transaction at hand.

SECTION 1: TRUST IDENTIFICATION

Name of Trust: [________________________________]

Date of Original Trust Instrument: [__/__/____]

Date(s) of Amendment(s), if any: [________________________________]

Trust Taxpayer Identification Number (TIN/EIN): [________________________________]

// GUIDANCE: Per AS 13.36.079(a)(7), the TIN should be included if the trust
// has been assigned one. If the trust uses the settlor's SSN (grantor trust),
// note that here or indicate "Grantor Trust — Settlor's SSN used."

Type of Trust:

☐ Revocable Living Trust
☐ Irrevocable Trust
☐ Testamentary Trust
☐ Special Needs Trust
☐ Charitable Trust
☐ Other: [________________________________]

SECTION 2: SETTLOR IDENTIFICATION

// GUIDANCE: AS 13.36.079(a)(2) requires disclosure of the identity of the
// settlor. For trusts with multiple settlors, list all settlors.

Settlor Name(s):

Settlor Status:

☐ Living
☐ Deceased (Date of Death: [__/__/____])

SECTION 3: TRUSTEE IDENTIFICATION AND AUTHORITY

// GUIDANCE: AS 13.36.079(a)(3) requires the identity and address of the
// currently acting trustee(s). List all currently serving trustees.

A. Currently Acting Trustee(s)

B. Co-Trustee Signing Authority

// GUIDANCE: AS 13.36.079(a)(6) requires disclosure of whether all or fewer
// than all co-trustees are required to exercise trustee powers.

☐ All co-trustees must act unanimously to exercise the powers of the trustee.
☐ A majority of co-trustees may exercise the powers of the trustee.
☐ Any single co-trustee may independently exercise the powers of the trustee.
☐ Other arrangement: [________________________________]

C. Successor Trustee Information

First Successor Trustee: [________________________________]
Address: [________________________________]

Second Successor Trustee: [________________________________]
Address: [________________________________]

// GUIDANCE: Successor trustee information is not expressly required by
// AS 13.36.079 but is commonly requested by financial institutions and
// title companies. Include or omit at attorney's discretion.

SECTION 4: REVOCABILITY AND POWER TO REVOKE

// GUIDANCE: AS 13.36.079(a)(5) requires disclosure of revocability status
// and the identity of any person holding a power to revoke.

Revocability Status:

☐ The Trust is REVOCABLE during the lifetime of the Settlor(s).
☐ The Trust is IRREVOCABLE.
☐ The Trust became irrevocable upon the death of the Settlor on [__/__/____].
☐ The Trust became irrevocable by its own terms on [__/__/____].

Person(s) Holding Power to Revoke (if applicable):

SECTION 5: TRUSTEE POWERS

// GUIDANCE: AS 13.36.079(a)(4) requires disclosure of the powers of the
// trustee. Tailor this section to match the powers actually granted in the
// trust instrument and relevant to the pending transaction.

The Trustee(s) of the above-referenced Trust have, among others, the following powers as granted by the Trust instrument and applicable Alaska law, including but not limited to AS 13.36.035:

A. General Powers

☐ To buy, sell, exchange, lease, and otherwise deal with real and personal property.
☐ To borrow money and encumber trust property, including the power to mortgage or pledge trust assets.
☐ To invest and reinvest trust funds in any type of investment.
☐ To open, maintain, and close bank and brokerage accounts.
☐ To collect, receive, and issue receipts for trust income and principal.
☐ To employ and compensate attorneys, accountants, investment advisors, and other professionals.
☐ To compromise, settle, or abandon claims and litigation.
☐ To make distributions to beneficiaries in accordance with the trust terms.
☐ To execute deeds, contracts, notes, and other instruments.
☐ To manage and operate business interests held in trust.

B. Real Property Powers

☐ To acquire, hold, manage, improve, and sell real property.
☐ To execute and deliver deeds of conveyance.
☐ To grant easements, covenants, and restrictions.
☐ To subdivide, develop, or change the character of real property.
☐ To lease trust real property for any term.
☐ To insure trust property against loss or liability.

C. Financial Institution Powers

☐ To open and manage deposit accounts, savings accounts, and certificates of deposit.
☐ To establish and manage investment accounts.
☐ To rent and access safe deposit boxes.
☐ To execute wire transfers and electronic transactions.

D. Transaction-Specific Powers

// GUIDANCE: Describe the specific power(s) relevant to the pending transaction.

The pending transaction for which this certification is furnished involves:
[________________________________]

The Trustee has the specific authority under the Trust instrument to:
[________________________________]

SECTION 6: MANNER OF TAKING TITLE

// GUIDANCE: AS 13.36.079(a)(8) requires disclosure of the manner of taking
// title to trust property.

Title to property of the Trust shall be taken in the following manner:

☐ In the name of the Trustee(s) as Trustee(s) of the [________________________________] Trust, dated [__/__/____].

☐ In the name: [________________________________], Trustee of the [________________________________] Trust, u/a/d [__/__/____].

☐ Other: [________________________________]

SECTION 7: STATUTORY REPRESENTATIONS AND CERTIFICATIONS

Pursuant to Alaska Statutes Section 13.36.079, the undersigned Trustee(s) hereby certify and represent as follows:

1. Existence. The Trust identified in Section 1 of this Certification is a validly existing trust formed under the laws of the State of Alaska.

2. Current Effect. The Trust has not been revoked, modified, or amended in any manner that would cause the representations contained in this Certification of Trust to be incorrect, as required by AS 13.36.079(c).

3. Authority. The undersigned is/are the duly appointed, currently acting, and qualified Trustee(s) of the Trust, with full power and authority to act on behalf of the Trust in the transaction for which this Certification is furnished.

4. No Dispositive Terms. Pursuant to AS 13.36.079(d), this Certification does not contain the dispositive terms of the Trust, and no person may demand disclosure of such terms except as permitted by law.

5. Accuracy. All information contained in this Certification of Trust is true, correct, and complete as of the date of execution hereof.

6. Pending Litigation. There is no pending litigation or proceeding that would affect the validity of this Trust or the authority of the Trustee(s) to act in the capacity stated herein, except as follows: [________________________________]

7. No Limitation. There are no limitations on the powers of the Trustee(s) that would prevent the Trustee(s) from completing the pending transaction, except as follows: [________________________________]

SECTION 8: THIRD-PARTY RELIANCE

// GUIDANCE: This section reflects the statutory protections afforded to
// third parties under AS 13.36.079(f) and the penalties under AS 13.36.079(h).

Pursuant to AS 13.36.079(f), any person who acts in reasonable reliance on this Certification of Trust without knowledge that the representations contained herein are incorrect shall not be liable to any person for so acting and may assume without inquiry the existence of the facts contained in this Certification.

NOTICE REGARDING PENALTIES (AS 13.36.079(h)): Any person making a demand for the full trust instrument in addition to this Certification of Trust or excerpts from the trust instrument may be liable to the State of Alaska for a civil penalty not to exceed One Thousand Dollars ($1,000.00), plus actual damages, actual court costs, and attorney fees if a court determines that such person did not act in good faith in demanding the trust instrument.

Recipient's Right to Excerpts (AS 13.36.079(e)): A recipient of this Certification of Trust may require the Trustee to furnish copies of those excerpts from the original trust instrument, including amendments, that designate the Trustee and confer upon the Trustee the power to act in the pending transaction for which this Certification is being furnished.

SECTION 9: ALASKA-SPECIFIC PROVISIONS

// GUIDANCE: Alaska has unique trust law features that may be relevant.
// Include or modify these provisions as applicable.

A. Alaska Trust Act Provisions

☐ This Trust was established under the Alaska Trust Act (AS 13.36.310 et seq.) as a self-settled spendthrift trust (asset protection trust).
☐ This Trust is not an Alaska asset protection trust.

B. Community Property Trust

☐ This Trust is a community property trust under AS 34.77.100.
☐ This Trust is not a community property trust.

C. Perpetual Trust

☐ This Trust has an unlimited duration pursuant to Alaska law (AS 34.27.051, abolishing the rule against perpetuities for interests in trust).
☐ This Trust has a specified termination date: [__/__/____].

D. Trust Situs

The situs of the Trust is the State of Alaska. The Trust is governed by and shall be construed in accordance with the laws of the State of Alaska.

SECTION 10: EXECUTION AND ACKNOWLEDGMENT

IN WITNESS WHEREOF, the undersigned Trustee(s) have executed this Certification of Trust as of the date set forth below.

Date of Execution: [__/__/____]

Trustee Signature Block:

Signature: ________________________________________
Printed Name: [________________________________]
Title: Trustee of the [________________________________] Trust
Date: [__/__/____]

Signature: ________________________________________
Printed Name: [________________________________]
Title: Trustee of the [________________________________] Trust
Date: [__/__/____]

// GUIDANCE: Alaska law does not expressly require notarization of the
// certification of trust. However, notarization is strongly recommended,
// particularly for real property transactions and when required by the
// receiving institution.

NOTARY ACKNOWLEDGMENT

STATE OF ALASKA

Judicial District of [________________________________]

On this [____] day of [________________], [________], before me, a Notary Public in and for the State of Alaska, personally appeared [________________________________], known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument, the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

WITNESS my hand and official seal.

Signature of Notary: ________________________________________
Printed Name: [________________________________]
My Commission Expires: [__/__/____]
Notary Public in and for the State of Alaska

[NOTARIAL SEAL]

SECTION 11: ADDITIONAL NOTES AND STATE-SPECIFIC GUIDANCE

// GUIDANCE: The following notes address Alaska-specific considerations for
// trust administration and certification.

A. Recording

If this Certification of Trust is to be used in connection with the transfer of real property, it should be recorded in the Recording District where the property is located. Alaska uses a recording system rather than a registration system for real property.

B. Alaska Trust Company Provisions

If the Trustee is a trust company organized under AS 06.26, additional documentation may be required by the Alaska Division of Banking and Securities.

C. Federal Tax Considerations

This Certification of Trust does not constitute tax advice. The Trustee should consult with a qualified tax professional regarding the tax treatment of trust transactions, including any applicable Alaska or federal tax reporting requirements.

D. Preservation of Judicial Rights

Pursuant to AS 13.36.079(j), this Certification does not limit the right of any person to obtain a copy of the trust instrument in a judicial proceeding concerning the Trust.

E. Amendments and Restatements

If the Trust has been amended or restated since its original execution, the Trustee should ensure that all amendments and restatements are reflected in the information contained in this Certification. A new Certification should be executed whenever there is a material change to the Trust or its trustees.

END OF CERTIFICATION OF TRUST

This document contains [____] pages, all of which constitute the complete Certification of Trust.