CERTIFICATION OF TRUST

State of Kansas

Pursuant to K.S.A. 58a-1013 of the Kansas Uniform Trust Code

// GUIDANCE: This certification must be "acknowledged" per K.S.A. 58a-1013(a), meaning it requires notarization. Kansas does not require recording of this document unless it involves real property transactions, in which case it should be recorded with the Register of Deeds in the applicable county.

SECTION 1: TRUST IDENTIFICATION

Trust Name: [________________________________]

Date of Trust Execution: [__/__/____]

Type of Trust:

☐ Revocable Living Trust
☐ Irrevocable Trust
☐ Testamentary Trust
☐ Other: [________________________________]

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

// GUIDANCE: If the trust uses the settlor's Social Security Number (as is common with revocable trusts during the settlor's lifetime), note that accordingly. Irrevocable trusts must have a separate EIN.

Amendment History:

☐ The trust instrument has not been amended since its original execution.
☐ The trust instrument has been amended. The most recent amendment was executed on [__/__/____].

The trust has not been revoked, modified, or amended in any manner that would cause the representations contained in this Certification of Trust to be incorrect, as required by K.S.A. 58a-1013(c).

SECTION 2: SETTLOR IDENTIFICATION

Name of Settlor(s):

1. [________________________________]
   Date of Birth: [__/__/____]

2. [________________________________] (if applicable)
   Date of Birth: [__/__/____]

Settlor Status:

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

// GUIDANCE: If the settlor is deceased and the trust has become irrevocable by its terms, ensure the irrevocable status is marked in Section 1 and that the successor trustee provisions in Section 4 are properly completed.

SECTION 3: CURRENTLY ACTING TRUSTEE IDENTIFICATION

Pursuant to K.S.A. 58a-1013(a), the following individual(s) or entity(ies) are the currently acting Trustee(s) of the above-referenced trust:

Trustee 1:

Name: [________________________________]
Address: [________________________________]
City: [________________________________] State: [____] Zip: [________]
Telephone: [________________________________]

Trustee 2 (if applicable):

Name: [________________________________]
Address: [________________________________]
City: [________________________________] State: [____] Zip: [________]
Telephone: [________________________________]

// GUIDANCE: List all currently acting trustees. If a corporate trustee is serving, include the full legal name of the institution and the name of the trust officer or authorized representative.

SECTION 4: CO-TRUSTEE AUTHORITY

// GUIDANCE: This section addresses the requirement under K.S.A. 58a-1013(a)(6) regarding the authority of co-trustees.

☐ There is only one currently acting Trustee, and this section does not apply.

☐ There are multiple currently acting Trustees. Their authority is as follows:

☐ All Co-Trustees must act jointly to exercise the powers of the Trustee.
☐ Any one Co-Trustee may act independently to exercise the powers of the Trustee.
☐ A majority of Co-Trustees may act to exercise the powers of the Trustee.
☐ Other arrangement: [________________________________]

Manner of Taking Title to Trust Property:

Title to trust property shall be taken in the following manner:

[________________________________]

// GUIDANCE: Common examples include: "[Trustee Name], as Trustee of the [Trust Name], dated [Date]" or "[Trust Name], [Trustee Name], Trustee."

SECTION 5: REVOCABILITY AND POWER TO REVOKE

Pursuant to K.S.A. 58a-1013(a)(5):

☐ The trust is REVOCABLE. The following person(s) hold the power to revoke the trust:

Name: [________________________________]
Relationship to Trust: [________________________________]

Name: [________________________________] (if applicable)
Relationship to Trust: [________________________________]

☐ The trust is IRREVOCABLE and may not be revoked or amended.

☐ The trust became irrevocable upon the occurrence of the following event:
[________________________________]
Date of Event: [__/__/____]

// GUIDANCE: Under K.S.A. 58a-602, the settlor may revoke or amend a revocable trust unless the terms of the trust expressly provide otherwise. Ensure the revocability status matches the actual trust instrument.

SECTION 6: POWERS OF THE TRUSTEE

The Trustee(s) identified in Section 3 are authorized, pursuant to the trust instrument and applicable provisions of the Kansas Uniform Trust Code (K.S.A. Chapter 58a), to exercise the following powers on behalf of the trust:

// GUIDANCE: Check all powers that are granted in the trust instrument. Do not check powers that are not expressly or implicitly granted. Refer to K.S.A. 58a-816 for default trustee powers under Kansas law.

Real Property Powers:

☐ Purchase, acquire, and hold real property
☐ Sell, convey, and transfer real property
☐ Mortgage, pledge, or encumber real property
☐ Lease real property (as lessor or lessee)
☐ Execute deeds, contracts, and closing documents
☐ Manage, improve, and maintain real property
☐ Subdivide, partition, or develop real property
☐ Grant easements and rights-of-way

Financial Powers:

☐ Open, maintain, and close bank accounts
☐ Deposit and withdraw funds
☐ Invest and reinvest trust assets
☐ Purchase, sell, and trade securities
☐ Borrow funds and execute promissory notes
☐ Make distributions to beneficiaries
☐ Collect rents, dividends, and income
☐ Pay debts, taxes, and expenses of the trust

Business and General Powers:

☐ Operate, manage, or participate in business entities
☐ Execute contracts, agreements, and instruments
☐ Hire agents, attorneys, and advisors
☐ Prosecute or defend legal actions on behalf of the trust
☐ Vote shares or other ownership interests
☐ Exercise options and rights appurtenant to trust property
☐ Make tax elections on behalf of the trust
☐ Perform any other act reasonably necessary for trust administration

Additional Powers or Limitations:

[________________________________]

[________________________________]

// GUIDANCE: If the trust instrument contains specific limitations on trustee powers, those limitations should be noted here. Under K.S.A. 58a-1013, a third party is entitled to rely on the representations in this certification.

SECTION 7: SUCCESSOR TRUSTEE PROVISIONS

// GUIDANCE: While not strictly required by K.S.A. 58a-1013, including successor trustee information is common practice and may be requested by financial institutions.

Designated Successor Trustee(s):

First Successor: [________________________________]
Address: [________________________________]

Second Successor: [________________________________]
Address: [________________________________]

Method of Successor Trustee Appointment:

☐ Automatic succession upon the death, resignation, incapacity, or removal of the current Trustee, as specified in the trust instrument.
☐ Appointment by the following person or entity: [________________________________]
☐ Court appointment pursuant to K.S.A. 58a-704.
☐ Other: [________________________________]

SECTION 8: TRUST PROPERTY PROVISIONS

// GUIDANCE: This section is optional but useful when the certification is presented in connection with a specific transaction. The full schedule of trust assets need not be disclosed.

Property for Which This Certification Is Presented:

☐ Real property located at: [________________________________]
Legal Description: [________________________________]
County: [________________________________], Kansas

☐ Financial account(s) at: [________________________________]
Account Number(s): [________________________________]

☐ Other property: [________________________________]

Manner of Holding Title:

All property referenced herein is held in the name of the trust as follows:

[________________________________]

SECTION 9: STATUTORY REPRESENTATIONS AND DISCLOSURES

The undersigned Trustee(s), pursuant to K.S.A. 58a-1013 of the Kansas Uniform Trust Code, hereby represent, certify, and declare as follows:

1. Existence and Validity. The trust identified in Section 1 of this Certification is a valid and existing trust created under the laws of the State of Kansas.

2. Current Status. 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 K.S.A. 58a-1013(c).

3. Trustee Authority. The Trustee(s) identified in Section 3 are the duly appointed, qualified, and currently acting Trustee(s) of the trust and are authorized to act on behalf of the trust in the capacity and with the powers described herein.

4. No Dispositive Terms Disclosed. Pursuant to K.S.A. 58a-1013(d), this Certification of Trust does not contain the dispositive terms of the trust instrument.

5. Reliance by Third Parties. Pursuant to K.S.A. 58a-1013(e), any 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.

6. Governing Law. The trust is governed by the laws of the State of Kansas, including the Kansas Uniform Trust Code, K.S.A. Chapter 58a.

7. Accuracy. All information contained in this Certification of Trust is true and correct as of the date of execution.

// GUIDANCE: K.S.A. 58a-1013(f) provides that a person making a demand for the trust instrument in addition to a certification of trust may be liable for damages if the court determines the demand was not made in good faith.

SECTION 10: REQUEST FOR TRUST INSTRUMENT

Pursuant to K.S.A. 58a-1013(f), a person who in good faith requires additional information beyond what is contained in this Certification may request excerpts from the trust instrument. However, a recipient of this Certification is not required to obtain the trust instrument to rely on this Certification and may assume the truth of the facts stated herein.

// GUIDANCE: Under K.S.A. 58a-1013(g), a person who has actual knowledge that a certification is inaccurate may not rely upon it. Counsel should advise the trustee to update the certification if circumstances change.

SECTION 11: EXECUTION BY TRUSTEE(S)

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

Date of Execution: [__/__/____]

Trustee 1:

Signature: ________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

Trustee 2 (if applicable):

Signature: ________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

SECTION 12: ACKNOWLEDGMENT AND NOTARIZATION

// GUIDANCE: K.S.A. 58a-1013(a) requires the certification to be "acknowledged." Under Kansas law (K.S.A. 53-509), acknowledgment requires the appearance before a notary public who certifies the identity of the signer and that the instrument was signed voluntarily.

STATE OF KANSAS

COUNTY OF [________________________________]

On this [____] day of [________________], [______], before me, the undersigned Notary Public in and for said County and State, personally appeared:

[________________________________]

and [________________________________] (if applicable),

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) as Trustee(s), 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.

Notary Public Signature: ________________________________________

Printed Name: [________________________________]

My Commission Expires: [__/__/____]

[NOTARIAL SEAL]

SECTION 13: STATE-SPECIFIC NOTES FOR KANSAS

// GUIDANCE: The following notes are specific to Kansas trust law and should be reviewed with counsel.

1. Kansas Uniform Trust Code. Kansas adopted the Uniform Trust Code effective January 1, 2003 (K.S.A. Chapter 58a). The certification of trust provisions are found at K.S.A. 58a-1013.

2. Acknowledged Certification. Kansas is among the states that specifically require the certification to be "acknowledged" (notarized). This is not a mere signature requirement but requires formal acknowledgment before a notary public.

3. No Dispositive Terms Required. Under K.S.A. 58a-1013(d), this certification need not include the dispositive terms of the trust. The dispositive terms are those provisions that specify how trust property is to be distributed.

4. Good Faith Reliance. K.S.A. 58a-1013(e) protects third parties who rely on the certification in good faith. A third party who acts without knowledge that the representations are incorrect is not liable.

5. Damages for Bad Faith Demand. K.S.A. 58a-1013(f) provides that a person who demands the full trust instrument (rather than accepting the certification) may be liable for damages, including attorney fees, if the court finds the demand was not made in good faith.

6. Real Property Transactions. When this certification is used in connection with real property in Kansas, the Trustee should also consider recording the certification or an affidavit of trust with the Register of Deeds in the county where the property is located.

7. Kansas Department of Revenue. For tax-related trust matters, the Kansas Department of Revenue may require its own Certificate of Trust form (Form TR-81) in addition to or in lieu of this certification.

8. Amendments. If the trust instrument is amended after the date of this certification, a new certification should be executed to reflect the current terms of the trust.

This Certification of Trust is furnished pursuant to K.S.A. 58a-1013 of the Kansas Uniform Trust Code. It is intended to provide evidence of the trust's existence and the Trustee's authority without disclosing the dispositive terms of the trust instrument. This document should be reviewed by a licensed Kansas attorney before execution.

PREPARED BY:

Attorney Name: [________________________________]
Firm: [________________________________]
Address: [________________________________]
Kansas Bar Number: [________________________________]
Telephone: [________________________________]
Email: [________________________________]