North Dakota Certification of Trust

CERTIFICATION OF TRUST

State of North Dakota

Pursuant to N.D. Cent. Code § 59-18-13

// GUIDANCE: North Dakota's certification of trust statute is based on the Uniform
// Trust Code § 1013 and is codified at N.D. Cent. Code § 59-18-13. The statute
// was enacted as part of North Dakota's adoption of the UTC in Title 59. Unlike
// the original UTC numbering, North Dakota uses its own section numbering system.

SECTION 1: TRUST EXISTENCE AND IDENTIFICATION

The undersigned, being a currently acting Trustee of the trust described herein, hereby provides this Certification of Trust in lieu of furnishing a copy of the trust instrument to a person other than a beneficiary, as authorized by N.D. Cent. Code § 59-18-13, and certifies and represents the following:

1.1 Trust Existence and Effective Date

Pursuant to N.D. Cent. Code § 59-18-13(a)(1), the undersigned certifies that a trust exists and the trust instrument was executed on:

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

1.2 Name of Trust

Pursuant to N.D. Cent. Code § 59-18-13(a)(1), the name of the Trust, as designated in the trust instrument, is:

Trust Name: [________________________________]

// GUIDANCE: North Dakota specifically requires the name of the trust if one is
// given in the trust instrument. This is a North Dakota-specific addition to the
// standard UTC provision. If the trust instrument does not give a name, indicate
// "No formal name designated in the trust instrument."

☐ No formal name is designated in the trust instrument. The trust is commonly referred to as: [________________________________]

1.3 Type of Trust

☐ Inter vivos (living) trust created during the Settlor's lifetime
☐ Testamentary trust created under the Last Will and Testament of the decedent
☐ Irrevocable trust
☐ Other: [________________________________]

1.4 Trust Tax Identification

Federal Employer Identification Number (EIN): [________________________________]

SECTION 2: SETTLOR IDENTIFICATION

2.1 Identity of Each Settlor

Pursuant to N.D. Cent. Code § 59-18-13(a)(2), the identity of each Settlor (also referred to as Grantor or Trustor) of the Trust is:

// GUIDANCE: North Dakota requires the identity of EACH settlor, which is important
// for trusts with multiple settlors (e.g., joint revocable trusts). Ensure all
// settlors are identified.

2.2 Settlor Status

For each Settlor listed above:

☐ Settlor [________________________________] is currently living.
☐ Settlor [________________________________] is deceased. Date of death: [__/__/____]

SECTION 3: TRUSTEE IDENTIFICATION

3.1 Currently Acting Trustee(s)

Pursuant to N.D. Cent. Code § 59-18-13(a)(3), the identity and address of each currently acting Trustee is:

3.2 Successor Trustee(s)

The trust instrument designates the following successor Trustee(s), in order of priority:

☐ The trust instrument does not name a successor Trustee.
☐ The trust instrument provides a mechanism for appointing a successor Trustee as follows: [________________________________]

Conditions for succession: [________________________________]

SECTION 4: TRUSTEE POWERS

4.1 Applicable Powers of the Trustee

Pursuant to N.D. Cent. Code § 59-18-13(a)(4), the applicable powers of the Trustee include the following:

The Trustee has the power and authority to:

☐ Acquire, sell, convey, exchange, and otherwise dispose of real and personal property
☐ Open, maintain, and close bank accounts and other financial accounts
☐ Borrow money and encumber trust property, including executing mortgages and deeds of trust
☐ Lease trust property for any term, including terms that extend beyond the term of the Trust
☐ Invest and reinvest trust assets in any property or investment of any kind
☐ Collect, receive, and give receipts for income, principal, and other trust assets
☐ Employ and compensate attorneys, accountants, investment advisors, and other professionals
☐ Execute deeds, contracts, notes, and all other instruments
☐ Manage, improve, insure, and protect real and personal property
☐ Prosecute, defend, compromise, arbitrate, and settle claims
☐ Vote stock, exercise options, and participate in corporate actions
☐ Make distributions to beneficiaries in accordance with the trust instrument
☐ Deal with oil, gas, and mineral interests, including executing leases and pooling agreements
☐ Manage agricultural operations and farm real property held in the Trust
☐ Exercise all powers granted under N.D. Cent. Code § 59-16-16
☐ Other specific powers: [________________________________]

// GUIDANCE: North Dakota is a major agricultural and energy-producing state. Trust
// instruments frequently grant powers related to farm operations, oil and gas
// leases, mineral rights, and conservation easements. Include relevant powers.
// N.D. Cent. Code § 59-16-16 provides specific default trustee powers.

SECTION 5: REVOCABILITY AND POWER TO REVOKE

5.1 Revocability Status

Pursuant to N.D. Cent. Code § 59-18-13(a)(5), the Trust is:

☐ Revocable — The Trust may be revoked by the following person(s) holding a power to revoke:

☐ Irrevocable — The Trust may not be revoked by any person.

// GUIDANCE: Under N.D. Cent. Code § 59-12-02, a trust is revocable unless the
// trust instrument expressly provides otherwise. The identity of ANY person
// holding a power to revoke must be disclosed per § 59-18-13(a)(5).

SECTION 6: CO-TRUSTEE AUTHORITY

6.1 Signing and Authentication Authority

Pursuant to N.D. Cent. Code § 59-18-13(a)(6), if there is more than one currently acting Trustee, the following describes the authority of co-Trustees to sign or otherwise authenticate and whether all or less than all are required to exercise powers of the Trustee:

☐ All co-Trustees must act jointly and unanimously to exercise any power
☐ A majority of co-Trustees may exercise the powers of the Trustee
☐ Any one co-Trustee may independently exercise the powers of the Trustee
☐ The following specific arrangement applies: [________________________________]

// GUIDANCE: Under N.D. Cent. Code § 59-15-03, co-trustees who are unable to
// reach a unanimous decision may act by majority decision. If a vacancy in a
// co-trusteeship occurs, the remaining co-trustees may act for the trust. The
// trust instrument may modify these default rules.

SECTION 7: GOVERNING LAW

7.1 Applicable Governing Law

☐ The Trust is governed by the laws of the State of North Dakota, specifically the North Dakota Trust Code, N.D. Cent. Code Title 59, Chapters 09 through 20.

☐ The Trust is governed by the laws of the State/Jurisdiction of [________________________________].

// GUIDANCE: If the trust is governed by the law of a jurisdiction other than
// North Dakota, this must be disclosed. See N.D. Cent. Code § 59-18-13(a)(7).

7.2 Trust Situs and Place of Administration

The principal place of administration of the Trust is:

[________________________________]
[________________________________]
County of [________________________________], North Dakota [________]

SECTION 8: TRUST PROPERTY AND TITLE

8.1 Form of Title

Trust assets are held or to be held in the following name:

[________________________________]

// GUIDANCE: Common formats: "Jane Doe, Trustee of the Doe Family Trust dated
// March 15, 2020" or "Doe Family Trust, U/A dated March 15, 2020, Jane Doe, Trustee."

8.2 Real Property Description (If Applicable)

If this Certification relates to a transaction involving real property situated in North Dakota, the legal description is:

[________________________________]
[________________________________]
[________________________________]
[________________________________]

County: [________________________________], North Dakota
Township: [________] Range: [________] Section: [________]

☐ See attached Exhibit A for complete legal description.

// GUIDANCE: North Dakota real property is commonly described by quarter-section,
// township, and range (e.g., "NW1/4 of Section 12, Township 140 North, Range 80
// West"). Include all necessary legal descriptions.

8.3 Mineral and Oil/Gas Interests (If Applicable)

☐ The Trust holds mineral interests in the following described property:
[________________________________]
[________________________________]

☐ Not applicable.

// GUIDANCE: Given North Dakota's significant oil and gas industry (particularly
// in the Bakken formation), many trusts hold mineral rights. Identify mineral
// interests separately if the transaction involves such interests.

SECTION 9: NORTH DAKOTA STATUTORY DISCLOSURES

9.1 Non-Disclosure of Dispositive Terms

Pursuant to N.D. Cent. Code § 59-18-13(b), this Certification of Trust need not contain the dispositive terms of the trust. The recipient may not require disclosure of the dispositive provisions solely because they are not included herein.

9.2 Excerpts from Trust Instrument

Pursuant to N.D. Cent. Code § 59-18-13(c), a recipient of this Certification may request that the Trustee furnish copies of those excerpts from the trust instrument which designate the Trustee and confer upon the Trustee the power to act in the pending transaction. The Trustee may, in the Trustee's discretion, comply with such request.

9.3 Third-Party Reliance

Pursuant to N.D. Cent. Code § 59-18-13(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.

9.4 Liability for Refusing Certification

Pursuant to N.D. Cent. Code § 59-18-13(g), a person who in good faith refuses to accept this Certification of Trust is not liable for damages if the refusal is based on a reasonable belief that the Certification is not valid.

9.5 Demanding Full Trust Instrument

Pursuant to N.D. Cent. Code § 59-18-13(h), a person making a demand for the trust instrument in addition to this Certification of Trust or relevant excerpts may be liable for damages if the court determines that the person did not act in good faith in making the demand.

SECTION 10: DIRECTED TRUST PROVISIONS

// GUIDANCE: North Dakota has enacted directed trust provisions. If the trust
// utilizes a trust protector, investment direction advisor, or distribution
// advisor, consider disclosing relevant information here.

10.1 Trust Protector or Advisor

☐ The trust instrument appoints a Trust Protector or Advisor with the following relevant powers:

Name: [________________________________]
Role: [________________________________]
Relevant Powers: [________________________________]

☐ Not applicable — The trust does not utilize a Trust Protector or directed advisor.

SECTION 11: CERTIFICATION AND AFFIRMATION

The undersigned Trustee hereby certifies, affirms, and represents that:

(a) The Trust described herein currently exists and the trust instrument was duly executed on the date stated above;

(b) 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;

(c) All information provided herein is true, correct, and complete to the best of the undersigned's knowledge and belief;

(d) The undersigned is a duly appointed, qualified, and currently acting Trustee of the Trust;

(e) This Certification of Trust is provided in lieu of furnishing a copy of the trust instrument, as authorized by N.D. Cent. Code § 59-18-13.

SECTION 12: EXECUTION BY TRUSTEE(S)

// GUIDANCE: Under N.D. Cent. Code § 59-18-13(e), a certification of trust may be
// signed or otherwise authenticated by any trustee. Upon request, the trustee
// must acknowledge the certification so it may be recorded.

Trustee Signature — First Trustee

Signature: ________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

Trustee Signature — Second Trustee (if applicable)

Signature: ________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

Trustee Signature — Third Trustee (if applicable)

Signature: ________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

SECTION 13: ACKNOWLEDGMENT

STATE OF NORTH DAKOTA

COUNTY OF [________________________________]

On this [______] day of [________________________________], [________], before me, a Notary Public in and for said County and State, 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 capacity as Trustee(s) of the Trust described herein.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal.

Notary Public Signature: ________________________________________

Printed Name: [________________________________]

My Commission Expires: [__/__/____]

[NOTARY SEAL]

// GUIDANCE: North Dakota notary requirements are governed by N.D. Cent. Code
// Chapter 44-06. The acknowledgment is required for recording with the County
// Recorder under § 59-18-13(e). North Dakota notaries must include their
// commission expiration date.

SECTION 14: NORTH DAKOTA-SPECIFIC PRACTICE NOTES

14.1 North Dakota Uniform Trust Code

North Dakota adopted the Uniform Trust Code in 2007, codified at N.D. Cent. Code Title 59, Chapters 09 through 20. The certification of trust provision at § 59-18-13 is substantially based on UTC § 1013 but uses North Dakota's own numbering system.

14.2 Agricultural and Energy Trusts

North Dakota trusts frequently hold agricultural land, oil and gas mineral interests, and wind energy rights. When the trust holds such property, the Trustee's powers should specifically address the authority to enter into farm leases, oil and gas leases, pooling agreements, unitization agreements, surface use agreements, and wind energy easements.

14.3 Homestead and Property Tax Considerations

If trust property includes a homestead, North Dakota law may impose additional requirements. Consult N.D. Cent. Code Chapter 47-18 regarding homestead exemptions in the context of trust-held property.

14.4 Recording

If this Certification relates to real property, it should be recorded in the office of the County Recorder of the county where the real property is situated. Under § 59-18-13(e), the Trustee shall acknowledge the Certification upon request so that it may be recorded.

14.5 Amendments

If the trust is subsequently amended such that any representation in this Certification becomes incorrect, the Trustee should promptly execute a new Certification reflecting the current terms.

This Certification of Trust has been prepared pursuant to and in compliance with the North Dakota Trust Code, N.D. Cent. Code § 59-18-13. This document should be reviewed by a North Dakota-licensed attorney before execution.

EXHIBIT A — LEGAL DESCRIPTION OF REAL PROPERTY
(Attach if applicable)

[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]