Certification of Trust - Tennessee

CERTIFICATION OF TRUST

(Pursuant to Tennessee Code Annotated § 35-15-1013)

TABLE OF CONTENTS

1. Purpose and Statutory Authority
2. Trust Identification
3. Settlor Identification
4. Trustee Identification
5. Successor Trustee Identification
6. Trust Existence and Revocability
7. Trustee Powers
8. Co-Trustee Signature Authority
9. Trust Property Provisions
10. Trust Amendments and Modifications
11. Trust Representations and Certifications
12. Reliance by Third Parties
13. Tennessee-Specific Statutory Notes
14. Execution and Notarization

1. PURPOSE AND STATUTORY AUTHORITY

This Certification of Trust (this "Certification") is made and executed pursuant to Tennessee Code Annotated § 35-15-1013, as part of the Tennessee Uniform Trust Code (T.C.A. § 35-15-101 et seq.). The purpose of this Certification is to evidence the existence and validity of the trust identified herein without disclosing the dispositive provisions of the trust instrument. Pursuant to T.C.A. § 35-15-1013, a trustee may present this Certification in lieu of the complete trust instrument to any person or entity requesting proof of the trust's existence, terms, or the trustee's authority to act.

This Certification is intended to provide sufficient information for third parties to conduct business and engage in transactions with the undersigned Trustee(s) on behalf of the trust, in accordance with Tennessee law.

2. TRUST IDENTIFICATION

Name of Trust: [________________________________]

Date Trust Was Originally Established: [__/__/____]

Type of Trust:

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

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

State of Trust Situs: Tennessee

Governing Law: The laws of the State of Tennessee, including the Tennessee Uniform Trust Code, T.C.A. § 35-15-101 et seq.

3. SETTLOR IDENTIFICATION

Settlor(s) of the Trust:

Settlor 1:

Full Legal Name: [________________________________]

Date of Birth: [__/__/____]

Current Address: [________________________________]

City: [________________________________] State: [____] Zip: [__________]

Settlor 2 (if applicable):

Full Legal Name: [________________________________]

Date of Birth: [__/__/____]

Current Address: [________________________________]

City: [________________________________] State: [____] Zip: [__________]

☐ The trust has only one (1) Settlor.
☐ The trust has two (2) or more Settlors as identified above.

4. TRUSTEE IDENTIFICATION

The following individual(s) or entity(ies) are the currently acting Trustee(s) of the Trust:

Trustee 1:

Full Legal Name: [________________________________]

Address: [________________________________]

City: [________________________________] State: [____] Zip: [__________]

Date Appointed as Trustee: [__/__/____]

Trustee 2 (if applicable):

Full Legal Name: [________________________________]

Address: [________________________________]

City: [________________________________] State: [____] Zip: [__________]

Date Appointed as Trustee: [__/__/____]

Trustee 3 (if applicable):

Full Legal Name: [________________________________]

Address: [________________________________]

City: [________________________________] State: [____] Zip: [__________]

Date Appointed as Trustee: [__/__/____]

☐ The Trust currently has one (1) Trustee.
☐ The Trust currently has two (2) or more co-Trustees.
☐ The currently acting Trustee is the original Trustee named in the trust instrument.
☐ The currently acting Trustee is a successor Trustee.

5. SUCCESSOR TRUSTEE IDENTIFICATION

☐ The Trust designates the following successor Trustee(s):

First Successor Trustee:

Full Legal Name: [________________________________]

Address: [________________________________]

City: [________________________________] State: [____] Zip: [__________]

Second Successor Trustee (if applicable):

Full Legal Name: [________________________________]

Address: [________________________________]

City: [________________________________] State: [____] Zip: [__________]

☐ The Trust does not designate any successor Trustee.

☐ The Trust provides a mechanism for the appointment of successor Trustees as follows: [________________________________]

6. TRUST EXISTENCE AND REVOCABILITY

The undersigned Trustee(s) hereby affirm and certify the following:

A. Current Existence:

The Trust identified in Section 2 above currently exists and is in full force and effect. The Trust was established on the date set forth in Section 2 and has not been terminated, revoked, or otherwise rendered invalid.

B. Revocability:

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

Name: [________________________________]

Relationship to Trust: [________________________________]

Name: [________________________________]

Relationship to Trust: [________________________________]

☐ The Trust is IRREVOCABLE and cannot be revoked by any party.

☐ The Trust was originally revocable but has become irrevocable due to:

☐ Death of the Settlor(s) on [__/__/____]
☐ Express action of the Settlor(s) on [__/__/____]
☐ Passage of time or occurrence of a specified event
☐ Other: [________________________________]

7. TRUSTEE POWERS

The Trustee(s) identified herein have been granted the following administrative and managerial powers under the terms of the Trust, which include but are not limited to:

A. Real Property Powers:

☐ To acquire, hold, manage, improve, and sell real property
☐ To execute deeds, mortgages, leases, and other instruments affecting real property
☐ To grant easements, create subdivisions, and submit property to condominiums
☐ To borrow money and encumber trust real property as security

B. Financial and Investment Powers:

☐ To open, maintain, and close bank accounts in the name of the Trust
☐ To invest and reinvest trust assets in any form of property or investment
☐ To buy, sell, and trade securities, stocks, bonds, and mutual funds
☐ To make deposits and withdrawals from financial institutions
☐ To borrow money and pledge trust assets as collateral

C. Business Powers:

☐ To form, operate, and dissolve business entities
☐ To enter into contracts and agreements on behalf of the Trust
☐ To hire agents, attorneys, accountants, and other professionals
☐ To compromise, settle, or abandon claims

D. General Administrative Powers:

☐ To collect, hold, and administer trust property
☐ To pay debts, taxes, and expenses of the Trust
☐ To distribute trust income and principal to beneficiaries
☐ To execute and deliver all instruments necessary to carry out trust purposes
☐ To exercise all powers granted under T.C.A. § 35-15-815 (General Powers of Trustee)

8. CO-TRUSTEE SIGNATURE AUTHORITY

☐ This section is not applicable; the Trust has only one (1) currently acting Trustee.

☐ The Trust has multiple co-Trustees. The signature authority is as follows:

☐ ALL co-Trustees must sign or consent to exercise the powers of the Trustee.
☐ 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 co-Trustee(s) must sign: [________________________________]
☐ Other signature requirements: [________________________________]

9. TRUST PROPERTY PROVISIONS

Manner of Holding Title:

Title to trust property should be taken in the following name and manner:

[________________________________], Trustee (or Co-Trustees) of the [________________________________], dated [__/__/____]

Trust Property Relevant to Current Transaction:

☐ Real property located at: [________________________________]

County: [________________________________] State: Tennessee

Legal Description: [________________________________]

☐ Financial accounts at: [________________________________]

Account Number(s): [________________________________]

☐ Other property: [________________________________]

10. TRUST AMENDMENTS AND MODIFICATIONS

The Trust has been amended or restated as follows:

☐ The Trust has NOT been amended, restated, or modified since its original execution.

☐ The Trust has been amended on the following date(s):

Amendment 1: [__/__/____] — Brief Description: [________________________________]

Amendment 2: [__/__/____] — Brief Description: [________________________________]

Amendment 3: [__/__/____] — Brief Description: [________________________________]

☐ The Trust has been completely restated on: [__/__/____]

11. TRUST REPRESENTATIONS AND CERTIFICATIONS

The undersigned Trustee(s), under penalty of perjury and pursuant to T.C.A. § 35-15-1013, do hereby represent, certify, and affirm as follows:

A. The Trust identified herein currently exists and is valid and enforceable under the laws of the State of Tennessee.

B. The Trust was established on the date set forth in Section 2 of this Certification and has been in continuous existence since that date.

C. The undersigned is/are the duly appointed, qualified, and currently acting Trustee(s) of the Trust, with full authority to act on behalf of the Trust.

D. The Trust has not been revoked, modified, or amended in any manner that would cause the representations contained in this Certification to be incorrect.

E. There are no pending proceedings or actions that would affect the validity of the Trust or the authority of the Trustee(s).

F. The information provided in this Certification is true, accurate, and complete to the best of the Trustee's knowledge and belief.

G. The Trustee(s) identified herein have the authority and power to engage in the transaction for which this Certification is being presented.

H. This Certification is being furnished pursuant to T.C.A. § 35-15-1013 in lieu of providing a copy of the complete trust instrument.

12. RELIANCE BY THIRD PARTIES

Pursuant to Tennessee Code Annotated § 35-15-1013, any person or entity who receives this Certification of Trust may rely upon the representations and statements contained herein as being true and correct. A person who acts in reliance upon this Certification, 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.

A person who in good faith enters into a transaction in reliance upon this Certification may enforce the transaction against the trust property as if the representations contained in this Certification were correct.

Any person making a demand for the complete trust instrument in addition to this Certification of Trust may be subject to liability under T.C.A. § 35-15-1013 if a court determines that such person did not act in good faith in making the demand.

13. TENNESSEE-SPECIFIC STATUTORY NOTES

A. Notarization Requirement: Tennessee law (T.C.A. § 35-15-1013) requires that this Certification be signed by the Trustee(s) having signatory authority AND attested by a notary public. This notarization requirement is mandatory and distinguishes Tennessee from some other Uniform Trust Code states.

B. Successor Trustee Disclosure: Tennessee specifically requires identification of named successor trustees or a statement that no successor is named. This requirement exceeds the standard UTC provision.

C. Dispositive Terms Exclusion: Pursuant to T.C.A. § 35-15-1013, this Certification is not required to contain the dispositive provisions of the Trust that set forth the distribution of the trust estate. Third parties may not demand such provisions as a condition of transacting with the Trust.

D. Trust Excerpt Attachment: A Trustee may, but is not required to, attach excerpts from the trust instrument to this Certification to provide additional detail regarding specific trustee powers or other relevant provisions.

E. Recording: If this Certification relates to a real property transaction, it may be recorded in the Register of Deeds office for the county in which the property is situated.

F. Tennessee Uniform Trust Code: The Trust referenced herein is governed by the Tennessee Uniform Trust Code, T.C.A. § 35-15-101 et seq., which became effective on July 1, 2004. All references to statutory provisions herein are to the Tennessee Code Annotated as currently in effect.

14. EXECUTION AND NOTARIZATION

IN WITNESS WHEREOF, the undersigned Trustee(s), being the duly appointed and currently acting Trustee(s) of the Trust identified herein, do hereby execute this Certification of Trust as of the date set forth below, pursuant to Tennessee Code Annotated § 35-15-1013.

Date of Execution: [__/__/____]

TRUSTEE SIGNATURE(S):

Trustee 1:

Signature: ________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

Trustee 2 (if applicable):

Signature: ________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

Trustee 3 (if applicable):

Signature: ________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

NOTARIZATION

STATE OF TENNESSEE

COUNTY OF [________________________________]

Before me, the undersigned Notary Public, on this [______] day of [________________], [________], 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) as Trustee(s) of the Trust identified herein, and that by his/her/their signature(s) on the instrument, the person(s) executed the instrument.

WITNESS my hand and official seal.

Signature of Notary Public: ________________________________________

Printed Name of Notary: [________________________________]

My Commission Expires: [__/__/____]

[NOTARY SEAL]

ATTACHMENTS

☐ No attachments are included with this Certification.

☐ The following attachments are included:

☐ Excerpt(s) from the trust instrument regarding Trustee powers (Article/Section: [________________________________])
☐ Copy of the Trust's EIN assignment letter
☐ Copy of Trustee identification
☐ Other: [________________________________]

This Certification of Trust is made pursuant to Tennessee Code Annotated § 35-15-1013 and is intended to be relied upon by third parties in connection with transactions involving the Trust. This Certification does not contain the dispositive provisions of the Trust.

PREPARED BY:

Name: [________________________________]

Address: [________________________________]

City: [________________________________] State: [____] Zip: [__________]

Tennessee Bar Number (if applicable): [________________________________]