CERTIFICATION OF TRUST

State of Alabama

Pursuant to Alabama Code Section 19-3B-1013
(Alabama Uniform Trust Code)

// GUIDANCE: The Alabama Uniform Trust Code (AUTC), effective January 1, 2007,
// governs trust certification. Section 19-3B-1013 closely follows the Uniform
// Trust Code § 1013 but review for any Alabama-specific modifications. Alabama
// requires eight enumerated items in the certification per subsection (a).

ARTICLE I: TRUST IDENTIFICATION

1.1 Trust Name: [________________________________]

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

1.3 Date(s) of Amendment(s) or Restatement(s):

1.4 Trust Taxpayer Identification Number (EIN): [________________________________]

// GUIDANCE: Ala. Code § 19-3B-1013(a)(7) requires the trust's TIN. If the
// trust is a grantor trust using the settlor's SSN, indicate "Grantor Trust"
// and note that the settlor's SSN is used for tax reporting purposes.

1.5 Type of Trust:

☐ Revocable Living Trust
☐ Irrevocable Living Trust
☐ Testamentary Trust (created by Last Will and Testament of [________________________________], admitted to probate on [__/__/____] in [________________________________] County, Alabama)
☐ Supplemental/Special Needs Trust
☐ Charitable Remainder Trust
☐ Credit Shelter/Bypass Trust
☐ Qualified Personal Residence Trust (QPRT)
☐ Other: [________________________________]

ARTICLE II: SETTLOR IDENTIFICATION

// GUIDANCE: Ala. Code § 19-3B-1013(a)(2) requires the identity of the settlor.

2.1 Settlor Information:

Primary Settlor:
Full Legal Name: [________________________________]
Date of Birth: [__/__/____]
Residential Address: [________________________________]
City: [________________________________] State: Alabama ZIP: [____________]

Co-Settlor (if applicable):
Full Legal Name: [________________________________]
Date of Birth: [__/__/____]
Residential Address: [________________________________]
City: [________________________________] State: Alabama ZIP: [____________]

2.2 Settlor Status:

☐ Settlor is living and competent.
☐ Settlor is living but incapacitated.
☐ Settlor is deceased (Date of Death: [__/__/____]).
☐ Co-Settlor is living and competent.
☐ Co-Settlor is living but incapacitated.
☐ Co-Settlor is deceased (Date of Death: [__/__/____]).

ARTICLE III: TRUSTEE IDENTIFICATION AND ADDRESS

// GUIDANCE: Ala. Code § 19-3B-1013(a)(3) requires the identity and address
// of the currently acting trustee(s).

3.1 Currently Acting Trustee(s)

Individual Trustee(s):

Corporate/Institutional Trustee (if applicable):

Entity Name: [________________________________]
State of Organization: [________________________________]
Principal Office Address: [________________________________]
Authorized Representative: [________________________________]
Title: [________________________________]

3.2 Manner of Trustee Appointment

The currently acting Trustee(s) was/were appointed as follows:

☐ Named as original Trustee(s) in the Trust instrument.
☐ Appointed as Successor Trustee(s) upon the resignation of [________________________________].
☐ Appointed as Successor Trustee(s) upon the death of [________________________________].
☐ Appointed as Successor Trustee(s) upon the incapacity of [________________________________].
☐ Appointed by court order dated [__/__/____] in [________________________________] County, Alabama.
☐ Other: [________________________________]

3.3 Successor Trustee(s)

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

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

ARTICLE IV: CO-TRUSTEE AUTHORITY

// GUIDANCE: Ala. Code § 19-3B-1013(a)(6) requires disclosure of co-trustee
// signing authority and whether all or fewer than all co-trustees must act.
// This is distinct from general trustee powers in subsection (a)(4).

4.1 Number of Currently Acting Trustees: [____]

4.2 Required Signatures for Trust Actions:

☐ All co-trustees must sign or authenticate all documents and instruments.
☐ A majority of co-trustees may sign or authenticate documents and instruments.
☐ Any one co-trustee may independently sign or authenticate documents and instruments.
☐ Specific allocation of authority exists as follows: [________________________________]

4.3 Special Signing Requirements:

☐ No special signing requirements apply.
☐ Transactions involving real property require all co-trustees to sign.
☐ Transactions exceeding $[____________] require all co-trustees to sign.
☐ Other: [________________________________]

ARTICLE V: REVOCABILITY STATUS AND POWER TO REVOKE

// GUIDANCE: Ala. Code § 19-3B-1013(a)(5) requires disclosure of the
// revocability or irrevocability of the trust and the identity of any
// person holding a power to revoke.

5.1 Revocability:

☐ The Trust is REVOCABLE. The Settlor has retained the right to amend, modify, or revoke the Trust in whole or in part during the Settlor's lifetime.

☐ The Trust is IRREVOCABLE. The Trust may not be amended, modified, or revoked.

☐ The Trust was originally revocable but became irrevocable upon:
☐ The death of the Settlor on [__/__/____].
☐ The occurrence of [________________________________] on [__/__/____].
☐ The terms of the Trust instrument.

5.2 Person(s) Holding Power to Revoke:

5.3 Method of Revocation:

☐ By written instrument delivered to the Trustee.
☐ By any method manifesting clear and convincing evidence of intent.
☐ As specified in the Trust instrument: [________________________________]

ARTICLE VI: POWERS OF THE TRUSTEE

// GUIDANCE: Ala. Code § 19-3B-1013(a)(4) requires the powers of the trustee
// "in a pending transaction or relevant to the request." Tailor this section
// to include only those powers relevant to the specific transaction.

The Trustee(s) have the following powers as granted by the Trust instrument and applicable Alabama law, including but not limited to the powers enumerated in Ala. Code § 19-3B-816:

6.1 Property Management Powers

☐ To acquire, receive, hold, manage, and administer property of every kind and description.
☐ To sell, convey, exchange, or otherwise dispose of trust property at public or private sale.
☐ To lease trust property for any period, including beyond the term of the Trust.
☐ To grant options, easements, and rights of way.
☐ To subdivide, develop, improve, or raze improvements on trust real property.
☐ To insure trust property and the Trustee against loss, damage, or liability.
☐ To abandon or decline to administer property of no value or of insufficient value.

6.2 Financial Powers

☐ To borrow money and encumber trust property by mortgage, deed of trust, pledge, or otherwise.
☐ To invest and reinvest in any property or investment, real or personal.
☐ To open, maintain, and close accounts at any financial institution.
☐ To deposit funds in demand, savings, or time deposit accounts, including accounts in the name of the Trustee.
☐ To engage in securities transactions, including buying and selling stocks, bonds, and mutual funds.

6.3 Administrative Powers

☐ To employ and compensate attorneys, accountants, agents, and other professionals.
☐ To prosecute, defend, compromise, or settle claims for or against the Trust.
☐ To execute and deliver instruments of transfer and any other documents.
☐ To make distributions to or for the benefit of beneficiaries as provided in the Trust instrument.
☐ To allocate receipts and disbursements between income and principal.

6.4 Business and Entity Powers

☐ To continue, participate in, or dispose of any business or entity interest.
☐ To form or dissolve entities, including partnerships and limited liability companies.
☐ To vote stock or membership interests and exercise any rights of ownership.

6.5 Pending Transaction

// GUIDANCE: Describe the specific transaction for which this certification is furnished.

Description of Pending Transaction: [________________________________]

Specific Trustee Authority for This Transaction: The Trustee has the authority under the Trust instrument and Alabama law to: [________________________________]

ARTICLE VII: TITLE TO TRUST PROPERTY

// GUIDANCE: Ala. Code § 19-3B-1013(a)(8) requires disclosure of the name
// in which title to trust property may be taken.

7.1 Title Designation:

Title to property of the Trust shall be held in the following name:

☐ [________________________________], as Trustee of the [________________________________] Trust dated [__/__/____]

☐ [________________________________] and [________________________________], as Co-Trustees of the [________________________________] Trust dated [__/__/____]

☐ [________________________________] Trust dated [__/__/____]

☐ Other designation: [________________________________]

ARTICLE VIII: STATUTORY CERTIFICATIONS

Pursuant to Alabama Code Section 19-3B-1013, the undersigned Trustee(s) hereby certify and represent under penalties of perjury that the following statements are true and correct:

8.1 The Trust described herein was validly created and is currently in existence under the laws of the State of Alabama.

8.2 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 Ala. Code § 19-3B-1013(c).

8.3 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.

8.4 The information regarding trustee powers set forth in this Certification accurately reflects the powers granted to the Trustee(s) under the Trust instrument.

8.5 There are no proceedings currently pending before any court or administrative tribunal that challenge or would affect the validity of the Trust, the appointment of the Trustee(s), or the powers of the Trustee(s) to act in the capacity stated herein, except: [________________________________]

8.6 Pursuant to Ala. Code § 19-3B-1013(d), this Certification does not contain the dispositive terms of the Trust.

8.7 No beneficiary of the Trust has filed any objection or claim that would impair the authority of the Trustee(s) to act in the pending transaction.

ARTICLE IX: THIRD-PARTY RELIANCE AND PROTECTIONS

// GUIDANCE: These provisions reflect the statutory protections under
// §§ 19-3B-1013(f), (g), and (h).

9.1 Reliance Protection. Pursuant to Ala. Code § 19-3B-1013(f), a person who acts in reliance upon this Certification of Trust without knowledge that the representations contained herein are incorrect is not liable to any person for so acting and may assume without inquiry the existence of the facts contained in this Certification. Knowledge of the terms of the Trust may not be inferred solely from the fact that a copy of all or part of the Trust instrument is held by the person relying upon this Certification.

9.2 Enforceability. Pursuant to Ala. Code § 19-3B-1013(g), a person who in good faith enters into a transaction in reliance upon this Certification of Trust may enforce the transaction against the Trust property as if the representations contained in this Certification were correct.

9.3 Right to Excerpts. Pursuant to Ala. Code § 19-3B-1013(e), a recipient of this Certification may require the Trustee to furnish copies of those excerpts from the original trust instrument and later amendments which designate the Trustee and confer upon the Trustee the power to act in the pending transaction.

9.4 Demand for Trust Instrument. Pursuant to Ala. Code § 19-3B-1013(h), a person making a demand for the full trust instrument in addition to this Certification or excerpts therefrom may be liable for damages if a court determines that such person did not act in good faith in demanding the trust instrument.

9.5 Judicial Proceedings. Pursuant to Ala. Code § 19-3B-1013(i), this Certification does not limit the right of a person to obtain a copy of the trust instrument in a judicial proceeding concerning the Trust.

ARTICLE X: ALABAMA-SPECIFIC PROVISIONS

// GUIDANCE: These provisions address matters specific to Alabama trust law
// and practice that go beyond the UTC framework.

10.1 Governing Law

This Trust is governed by the Alabama Uniform Trust Code (Ala. Code Title 19, Chapter 3B) and the laws of the State of Alabama. Any dispute arising under this Certification shall be resolved in the courts of the State of Alabama.

10.2 Alabama Probate Court Jurisdiction

The Trust is subject to the jurisdiction of the Probate Court of [________________________________] County, Alabama, to the extent provided by law.

10.3 Alabama Transfer Tax Considerations

// GUIDANCE: Alabama imposes a real property transfer tax. If this certification
// is used in connection with a real property transfer, review Ala. Code § 40-22-1
// for recording tax implications.

☐ This Certification is being furnished in connection with a transfer of real property located in [________________________________] County, Alabama.
☐ This Certification is NOT being furnished in connection with a real property transfer.

10.4 Recording of Certification

If this Certification is to be used in connection with the conveyance of real property, it may be recorded in the Office of the Judge of Probate in the county where the real property is situated.

ARTICLE XI: EXECUTION

IN WITNESS WHEREOF, the undersigned Trustee(s) have executed this Certification of Trust as of the date first written below, under the laws of the State of Alabama.

Date of Execution: [__/__/____]

Trustee Signature:

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

Co-Trustee Signature (if applicable):

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

NOTARY ACKNOWLEDGMENT

// GUIDANCE: Although the AUTC does not expressly require notarization, it
// is customary practice in Alabama, and recording offices and financial
// institutions typically require notarized documents. Alabama notarial
// practice is governed by Ala. Code § 36-20-70 et seq.

STATE OF ALABAMA
COUNTY OF [________________________________]

I, [________________________________], a Notary Public in and for said County and State, hereby certify that [________________________________], whose name(s) is/are signed to the foregoing instrument and who is/are known to me, acknowledged before me on this day that, being informed of the contents of the instrument, he/she/they executed the same voluntarily as Trustee(s) of the Trust described herein.

Given under my hand and notarial seal this [____] day of [________________], [________].

Signature of Notary Public: ________________________________________
Printed Name: [________________________________]
My Commission Expires: [__/__/____]
Notary Public, State of Alabama
County of [________________________________]

[NOTARIAL SEAL]

ARTICLE XII: ADDITIONAL NOTES

A. Limitations of This Certification

This Certification is furnished solely for the purpose of establishing the existence of the Trust and the authority of the Trustee(s) in connection with the transaction described herein. This Certification does not create or confer any rights or obligations not contained in the Trust instrument itself.

B. Subsequent Changes

The Trustee(s) undertake(s) no obligation to update or supplement this Certification for any changes occurring after the date of execution. Any party relying on this Certification for a transaction occurring significantly after its date of execution should request an updated Certification.

C. Copies

A photocopy or electronic copy of this executed Certification shall have the same force and effect as the original.

END OF CERTIFICATION OF TRUST

This document contains [____] pages, constituting the entire Certification of Trust.