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1977-11-17 ASSESSORS' DEPARTMENT Location 26 LYNDE ST Block MAP 26 Lot No. 427 //_ Cert. No. Doc. No. Dated Book y/ 2 Page Recorded 7 Consideration $��� ODD R.S.$�c�' j �� �'� DEED ✓ Buildings mentioned GRANTOR -• nescription: yJr2 22r p / GRANTEE �® �mo-z y ev 5 is 4A e Plan f by Reference to title: B. Sa a Same Par Premises, P. Pl. o. Cert. No. From Rec. B. V/ To Lots �D, 0 66 l P/4 Date ASSESSORS' DEPARTMENT Location Block Lot No. Cert. No. Doc. No. Dated />_ „ Book ��ij Page Recorded DEED Consideration $ R.S.$ Buildings mentioned GRANTOR Description: GRANTEE � `✓ /4/�G4, Flan of by Reference to title: f B. Same Part of Premises, 1 P. Pl. No. Pl. Cert. No. From Rec. B. P. To Lots Date ASSESSORS' DEPARTMENT Location Block `' Lot No. Cert. No:—± :--� Doc. No. ;D d Book I, �j� Page recorded Consideration $ R.S.$ DEED Buildings mentioned GRANTOR nescription: ✓/ v Q/ 1/ � GRANTEE 6 Plan of by Reference to title: B. Same Part of Premises, P. Pl. No. Pl. Cert. No. From Rec. B. P. To Lots Date ah 11 kr :_titad .=te'Obligations ta:pay.;premflums-�or`assessments <,n c ?pc►l ci r asd.shi11..not:be:held�liable' for-`xny lecrease ,r lt� rsss�►ltiltg ftmw,failurec tW maintain he iame. uniess -.here !' srert,sat icient7 fundaff in'.this'.trust CO—o o. nd. AUrina IV it e an sha.U.haver nm.obligatioa:with.rOspect -o +nct� Olicl es -tr_er 1. .he=satekaepinq thereof. but-.may .-n _tz oie tiscretion av nV rcmiumsi dtiet ow any. insurance.poiicv i.vneck >v le. r tcttc, efondz Uon mv. `ieaths (AI Pher::'zt stee nail oi:ect he rocceos 2 insura:noe=policies-kinder AA:Lch his, rust i.s he ;enetic:.ary znn �hetil..r;dd:these-sumsr�o:,the::principat )r he unas error: xccot.; ►owever.. the "rustee shall,not-be .requireG o ­ntcr nto _itiQa- t:loss tharefor. unlesar tTiere:are::sufficient othlar unns _n r_he trust-.to provide:for.the expenses A auch:::ction. ;Ei) If np wife, Aanne Parisella. ,urvxves :ae. should:we.,iie:in:suct: :ianner 'that.;:he:exact :7rder if fur loathe cannot:�e:eat"lisped. i:or•the.purposes s or.provxaions ,r his trust-instrument. z.t.shall,be.assumed.-he :has :,urv3-vea .ie. �aiance <,f 'phis trust pronerty, including `he : rocceas r n- surance policies or, other property payable: to he ' rust : V eason : of:riy deaths and:.any nroverty, to be x•eceived Irom my estate. hall o+e,divided_as- follOW$t 1. if-my adjusted gross !:state ;is Aetined n he rtdor.al. state..T&x� lawn:applicable:at..rey death.6oes not xccea tihs."hxemptions :then,provided..for under:those :Laws: lat :resent ;;f,p,000 CO), then such.-property shall.be.:4et aside is Ttmzt asd:.her3d:- adminiater..eck.and rlistributed_an:providea `_n `•rticie v"!litd:hereunder e _ M • BK6078 PG582 2. If-my adjusted gross estate as defined abo' ( exceeds twice the amount of the "exemption* then provided by t' , Federal Estate Tax laws applicable at my death (at present $120,000.00) there shall be set aside in Trust A and held, adm nistered and distributed as provided in Article Third hereunde an amount of property equal to one-half of my "adjusted gross estate" as determined by the Federal Estate Tax return filed a finally accepted for my estate, less the total value as deter- mined in that return of all property passing to my wife in any way other than under the provisions of this trust instrument a' which also qualified for the "marital deduction" in that Estat Tax Return. 3. If my adjusted gross estate as hereinabove defined exceeds the "exemption" then provided for under the Federal Estate Tax laws applicable at my death, but does not exceed twice that amount, there shall be set aside in Trust A held, administered and distributed as provided in Article Thir hereunder an amount of property which exceeds the amount of tt exemption less the total value as determined in that return of 1 all property passing to my wife in any other than under the pr visions of this trust instrument and which also qualified for "marital deduction" in that Estate Tax return. 4. If Trust A is established under the provi- sions of either subparagraph B1, B2 or B3 above, the followinc provisions of this subclause shall be applicable. (a) The Trustee may distribute and set up Trx I A as soon as practicable after my death by making a tentative division of trust property and such further and final divisior -3- I s 1 1 BK6078 PG583 and adjustments as may be necessary when my Federal Estate Tax lis finally fixed and determined- There shall not, however, be lallocated to Trust A any property or the proceeds of any property � whichs (i) is not included in my "gross taxable estate" for Federal Estate Tax pur- poses, or (ii) will not qualify for the "marital reduction" under the Federal Estate I Tax laws applicable to my estate, or (iii) is subject to foreign death taxes, or (iv) is classified under the Federal Income Tax laws as "income in res- pect of a decedent" (or the right i to such income) . I (b) Property other than cash which is so allo- IIII I Icated and ,Jistribut.ed to Trust A shall be at its fair market 1 value at the time of such transfer, and any final adjustments to or from Trust A, if other than cash, shall be at the fair market value at the time of such transfer. It is my desire and inten- tion that Trust A hereunder qualify in all respects for the I maximum "marital deduction" available to my estate under Federal Estate Tax laws and regulations applicable thereto, and notwith- standing any other provision of this instrument, the Trustee is accordingly directed to take whatever action is necessary in setting up and administering Trust A in .order to assure its qualification for that deduction. -4- BK6078 PG584 ` (C) Subject-to the foregoing provisions, any trust ( property then remaining shall be placed in Trust B and held, ladministered and distributed as provided in Article Fourth here- under. (D) I i (1) The Trustee hereunder may in its sole dis- Icretion pay directly, or at the request of my Executor, contri- 'I bute to my estate for the payment of my debts, expenses (in- I eluding funeral expenses and expenses of administering my estate and any pecuniary legacies provided for in my Will as requested by my Executor and the Trustee need not inquire into the legalit or the correctness of any amount so requested or the application thereof. The Trustee shall have no duty to discover any debts c (I against my estate and no creditor of mine shall, because Iclaims of this paragraph become either directly or indirectly a bene- ficiary of any trust hereunder and the decisions of my Trustee �I in such matters shall be final and conclusive on all creditors II and beneficiaries of my estate or trust hereunder. II (2) Whereas under the terms of my Will my I Executor is instructed to pay from the residue of my estate and without apportionment or reimbursement therefor any and all estate, inheritance or succession taxes (including interest and penalties thereon) payable by reason of my death whether attri- butable to property passing under my Will or by this trust in- strument or by survivorship or otherwise, excluding only taxes on property over which I have any unexercised power of appoint- ment, and is authorized to compromise or settle such taxes on future interests, I direct my Trustee hereunder to contribute t -5- I I 4 k w':iFa�c t . .... . . - •`.r"'",t � BK6078 PG585 I 1 limy estate any sums necessary for the payment of such taxes or to f'1 s pay theame directly in accordance with the above provisions. � 9 (3) All payments made by my Trustee under the provisions of this Article Second (D) or by operation of law, and i I specifically any estate, inheritance, succession or like taxes, f including interest and penalties thereon, which are attributable I j to the property of this trust or these trusts, shall be allocated I� and paid from the property of Trust B hereunder but only from f the property or proceeds of property which would be subject to such taxes except for the provision of this Paragraph 4 and from the property of Trust A hereunder only to the extent such pro- perty of Trust B is insufficient therefor, except, however, that the total amount of such inheritance or succession taxes assessed by any political subdivision of the United States of America on the property of Trust A to be thus paid from the property of I I Trust B shall not exceed an amount which would have been due and payable therefrom had my wife survived me and immediately with- drawn or received all property from Trust A. The excess of such taxes, if any, shall be paid from the property of Trust A. All such taxes so paid and charged to a particular beneficiary there- under, except that any such taxes payable from such source be- cause of a distribution of principal thereof may in my Trustee's discretion be allocated to the share of the beneficiary receiving distribution and charged to the property distributable to him. To the extent any such taxes have not been settled and compromised in full by my Executor, I authorize my Trustee to settle and compromise any such taxes. Article 'Third: TRUST A (A) The Trustee shall pay the net income of this -6- OK6078 PG586 trust to my wife, Dianne Parisella, at least quarterly, together with such amounts or parts of the principal thereof as she in her sole discretion may request from time to time, and in addition I thereto may in its sole discretion pay to her such amounts or parts of the principal as it deems advisable for her comfortable : maintenance, support and welfare. (B) Upon her death, the Trustee shall pay and dis- tribute any remaining property to and among such individuals or organization, including my wife's estate, and in such propor- tions and manner as she, by her Last Will, may appoint or direct, specifically referring to this trust instrument. i_ i (C) If my said wife, for any reason, fails effectively to exercise the foregoing power of appointment in full, all of the property which she does not so appoint shall be merged with, added to and held, administered and distributed as part of Trust B under the provisions of Article Fourth hereunder. f Article Fourth: TRUST B (A) The Trustee may accumulate the net income from 3 this trust and add the same to its principal for investment as la part thereof, or may, in its sole discretion and without regard to equality, pay or distribute to my said wife and my children i or any one or more of them such amounts or parts of either the income or the principal thereof as they deem advisable for their respective comfortable maintenance, support and welfare, includ- ing also the education of my children having regard, however, to the funds available to each from other sources and to the pro Ibable future needs of my wife for the rest of her life and the standard of living enjoyed by her at the time of my death. -7- % t I �y, ai. rs. .,...4;:xkp" Eli i BK6078 PG587 (B) After the death of the survivor of myself and my wife, and when no child is living and under the age of 25, the triant property shall be divided into equal shares for children �I then living and for children then deceased with children living. Article Fifth: JA) The share of each child who has attained the age of 25 shall be distributed to such child, free and discharged of Ii all trusts. ` (B) The share for the issue of a child deceased shall continue in trust and the Trustee may pay and distribute to the beneficiary or beneficiaries thereof such amounts or pars of the net income and principal thereof as it deems advisable for the beneficiary's comfortable maintenance, support, welfare and education and any undistributed income may be added to principal for investment as a part thereof. When no child of a deceased child is living and under the age of 25, the deceased child's share shall be distributed free and discharged of all trusts to that child's then li-ing issue per stirpes. f (C) The distributable share of each beneficiary who f has not attained the age of 25 shall be retained in trust and so i much of the net income and principal as the Trustee may deem i advisable shall be paid to or applied for the benefit of such beneficiary until he attains the age of 25, at which time the trust fund for his benefit shall terminate and shall be paid over 4 and distributed to him, free of all trust. If such beneficiary dies before such termination, the share of the trust property then held for his benefit shall, at his death, be paid over and distributed free of all trust to his issue then living by right -e- If ! F• BK8078 PG588 of representation, and in default of such issue, to those persona ` 1 who under the laws of the Commonwealth of Massachusetts then in ! force would have inherited such beneficiary's • y personal estate if t he had then died intestate, a resident of Massachusetts and in s the proportions provided by said laws; except that the share payable to any person for whom property is still held in trust J D under this Article shall be retained and disposed of by the Trustee as a part of said trust. t Article Sixth: Whenever any payment or distribution of { either income or principal is directed to be paid to any bene- ficiary of any trust hereunder or may be so paid by my Trustee . in his sole discretion, I direct that such payment or distribu- tion be made by my Trustee in any one of the following manners: (a) by payment or distribution to the legal _ ( guardian or conservator of such beneficiary; (b) by payment directly to such beneficiary, J regardless of that beneficiary's legal capacity; �:r 4 (c) by application of the same to or for the sole use or benefit of such beneficiary; (d) by payment or distribution to the parent, natural guardian or one assuming custody or care of such beneficiary, whether or not having legal appointment as guardian or conservator for such beneficiary, except that the provisions of subclause (d) above shall not apply to my wife as beneficiary of Trust. -9- i BK6078 PG589 A. The Trustee shall be as fully protected -in making payment by any of the last three methods above provided as if the same had been made to the legally constituted guardian or conservator of such beneficiary and the latter had given receipt and release therefor. Article Seventb: The Trustee of all Trusts hereunder shall have the following powers, rights and exemptions, in addition to and not in limitation of any given otherwise in this instrument or by rules of law. (A) The Trustee shall have exclusive and absolute man$- gement of all trust property, real and ?personal, and shall manage and conduct the same in any manner that he shall deem for the interest of the beneficiaries, as if the Trustee were the abso- lute owner of the trust property. The Trustee shall have the power to improve and develop the real estate of the trust by the i i erection of buildings or otherwise, to tear down, repair and re- f build, to lease any real estate or any part thereof, or personal � property, both as lessor and lessee for any term, the whole or any p�. t of the property, whether or not said term is beyond the termination of the trust; he may create easements, adjust boun- dary lines, make party wall agreements, acquire land and build-' ings by purchase or exchanges, may sell and convey any part of the trust property, compromise and settle claims and disputes of any kind that affect the said trust property. The Trustee is also expressly authorized to mortgage the trust real estate or i any part thereof for such sums and for such periods of time and ` upon such terms as the Trustee shall decide in his discretion; 1 and he '.s expressly authorized to borrow money with or without 1 -10- i SK6078 PG590 security in such sums and on such terms and conditions as he may decide upon in his own discretion, and may sign notes, secured and unsecured by mortgages on the trust property. The Trustee may insure the trust property against loss or damage by fire, and may apply the moneys received under any insurance on the build- ings in rebuilding, repairing and replacing the same and may also insure against injuries to person or property, during the con- struction, afterwards, or otherwise as and when he thinks proper. He may carry any other kind of insurance for the benefit of the ' Trust in his discretion. (B) The Trustee is hereby authorized to sell, lease, let, exchange and convey any and all of the property of the trust, real or personal, and to execute and deliver any deeds and in-• struments in writing, necessary, proper, or convenient, in his discretion to carry out any sale or exchange of said trust pro- fI perty or in connection with any of the purposes of the trust; such deeds may be in fee simple or for any lesser estate, free Ij and discharged of all trusts, at public auction or by private ! contract of sale, at such times and upon such terms, during the continuance of this trust, subject to such restrictions, stipu- lations and agreements, with such reservations to such persons I and on such terms and for such consideration as may seem judi- cious to him without the necessity or the requirement of applying to any court or to any beneficiary for leave to do so. He may hold and collect any notes, mortgages, obligations, or securities or other things of value, which he may take in making such sale or exchanges aforesaid or otherwise, and he may sell, transfer I and assign the same with or without guarantee, but binding by II ..�....r.rr.rwr+��. .�.... �.-......�.�..+s��..e... - _ -..«ter.. � -..�.�....�..��..� BK6078 PG59I guarantee only the property of the trust and not the beneficia- lries or the Trustee individually. (C) The Trustee shall have the power to make loans M, to the Dono.r'v estate at such terms as the Trustee deems appro- priate, to make leases for any terms including terms expiring after the Trusts terminate; to compromise or arbitrate any matter _ and to pay any debts upon such evidence as he deems sufficient; I to vote directly or by proxy on any question affecting any pro- m i perty held by him and to act as he deems proper in any merger, j I 4 reorganization or consolidation affecting property held by him; (l in making distributions to beneficiaries to distribute property I wholly or partially in kind or to sell property for purposes of making distribution of the proceeds, with power at fair valua- tions to transfer and convey real and personal property or in- j terest therein (whether separate or undivided) as part of the II I share of any beneficiary without transferring or conveying similar 'i property to any otter beneficiary; to keep securities or pro- . , perty in Massachusetts or wholly or in part in other jurisdic- tions and to keep all or any part thereof in the name of any, person, corporation or partnership without designating the same as Trust property; and to decide in such manner as he deems reasonable what, if any, deduction shall be made from income for depreciation, obsolescence and amortization and all other ques- tions between income and principal. Article Eighth: In case the Trustee takes a mortgage or mortgages to secure the payment of the purchase money for the i sale of property which may be made by him, or that he may as trustee, hold, he shall have the right to discharge, assign or -12- '.t-' 1 BK6078 PG592 extend said mortgage or mortgages and to foreclose said mortgage l or mortgages because of breach of the condition thereof,and do all things necessary therefor to acquire title and hold title to the real estate obtained through such foreclosure. No purchaser of mortgages from the said Trustee shall be liable for the application of the purchase or mortgage money. Article Ninth: This Declaration of Trust may at any time or from time +to time be altered or amended in any respect or res- pects, or may be revoked or terminated, each such alteration or Iamendment and such revocation or termination, if any, to be by I instrument in writing executed by the Trustee, and acknowledge by him as required for the recording of deeds in Massachusetts C and recorded in the Essex County Registry of Deeds for the Commonwealth of Massachusetts. The power to alter and amend this Declaration of Trust shall not be exhausted by a single exercise thereof, but may be exercised from time to time, and no exercise of said power shall prevent the subsequent exercise of the power to revoke or terminate this Declaration of Trust and the trust 1 hereby created. I Article Tenth: All recitals of fact in any deed or con- ificate signed, sealed, acknowledged and veyance and any cert delivered by the Trustee for the time being and duly recorded 1 I with the Essex south District Registry of Deeds shall be con- clusive evidence of the trust of such facts in favor of all persons dealing with said Trustee or with the property of the � I trust. Article Eleventh: Accounts shall not be required of the Trustee hereunder more frequently than annually. An accounting -13- BK6078 PG593 assented to by the Donor during his life, or thereafter an account of any trust hereunder assented to by the majority of all beneficiaries thereunder having full capacity and then eligible to receive income therefrom, shall be final and conclusive and constitute a full and complete discharge to the Trustee from .furtiier accountability or liability as to all matters and trans- actions stated therein, and as to all persons whether minors, or under disability, or not in being, who have been, are then, or may become eligible to share in the income or principal of the trust property. A person to whom an account is rendered as hereinabove provided shall be deemed to have assented to the account if he does not communicate to the Trustee his written objection thereto within ninety days after the account is ren- dered, provided however nothing contained in this clause shall be deemed to give any person so assenting, acting in conjunction with the Trustee, the power to amend or revoke the provisions of this trust instrument or of any trust hereunder. Article Twelfth: Except for my own interest, no interest or estate hereunder, whether present or future, shall be in any manner anticipated, alienated or assigned or be available to or attachable by creditors or assignees of any of the beneficiaries thereof, except, however, this clause shall not in any way ` restrict the exercise of the powers of appointment given to my wife over Trust A. Article Thirteenth: Whereas the residue of my estate may be distributed to this trust to be added hereto and administered in accordance with these provisions as though a part of its corpus ias of my death, I direct the Trustee to credit any net income -14- I BK6078 PG594 received from my estate to the income of this trust, apportion- ing it equitable among the trusts or shares hereunder. Article Fourteenth: Upon the death of any then income bene- ficiary of any trust hereunder, any then remaining undistributed, accumulated. or accrued income attributable to the share of that beneficiary shall be added to the principal of that trust and be I held, administered and distributed as part of the principal of (((( that trust. Article Fifteenth: All trusts hereunder shall be adminis- tered under the laws of the Commonwealth of Massachusetts. Wherever the context permits, one gender shall denote another, I I the singular denotes the plural and the plural denotes the sin- I gular. The: words child, children or issue as used in this trust instrument, shall denote only the children born of the marriage of my wife, Dianne Parisella, and myself, and those legally adopted by me and their issue or those legally adopted by any of these � in any degree. However, such an adopted person shall not share in any interest under the provisions of this clause if he will also share by blood relationship under any other provisions of this trust instrument. Article Sixteenth: Although under the terms of this instru- ment the Trustee is directed to divide property into separate shares, I authorize the Trustee to hold and operate them as one general fund, properly accounting, however, for the property so mingled. Article Seventeenth: I, RALPH PARISELLA, shall be the initial Trustee of all trusts hereunder. If at any time during my lifetime I am placed under guardianship and/or conservatorship; -15- i u..:_.Ra 'h ry.�• �3#i,a_�;'.�Lui�:-�,':emu=m..ak�:�liicL.��!�,,l..r °. ..:•rdii�.S...�-_,.......�•�._.. _a_a..�.o BK6078 PG599 by a decree entered by any Probate Court in the Commonwealth of Massachusetts, then, in such event and while under such guardian- i ship and/or conservatorship, I appoint my wife, DIANNE PARISELLA, 1 and DAVID TONNESON, to serve as Co-Trustees hereunder. While so serving as Co-Trustees they shall be empowered to use so much of the total trust funds established hereunder for the benefit of myself, my wife and my said children as they, the said Trustees, I� find to be reasonably necessary for our adequate maintenance, care, comfort and support. Said Co-Trustees shall cease to serve pp I once such Probate Court enters a decree that I am no longer sub- ject to the provisions of any such guardianship and/or conserva- torship and I will in such event immediately become again the • I Trustee hereunder. While the said Co-Trustees are serving as aforesaid, any act taken by them must be the joint act of both, unless one of said Trustees has died, or dies while so serving, and in suci event, either shall be empowered to act along. Upon my death, my said wife, DIANNE PARISELLA, and DAVID I TONNESON, shall be the Co-Trustees hereunder. While both are still living, then any act taken by them as said Trustees must. be the joint act of both; upon the death of either, the survivor shall continue to serve as sole Trustee. In the event that all the persons named herein have died ' before all the trusts herein established have terminated, then ` I ' in such event I nominate and appoint the BEVERLY NATIONAL BANK, or its successor, as Trustee hereunder. article Eighteenth: The Donor expressly reserves the right i to amend this instrument and the trusts hereby created in any respect whatever and as often as desired, and also -to revoke the -16- BK6078 FG596 same, either in whole or in part, by an instrument in writing signed and acknowledged by the Donor and delivered to the Truste and upon termination of the trust pursuant to this Article, the property then held in trust and then or thereafter payable to i j( the 'trustee, less such tz.xes, ass.ssments charges, includirM II termination fees, which may properly be assessed against or char ged upon the trust funds in the hands of the Trustee, shall be transferred and conveyed to the Donor, or as he may in writing direct, and his receipt therefor shall be a sufficient acquit- tance of the Trustee. 1 SIGNED and sealed this / 7 day of 1974 in S p�yM RALPH VARISELLA, DONOR COMMONWEALTH OF MASSACHUSETTS ESSEX,SS JUNE 17, 1974 � . When personally appeared the above named Ralph Parisella 1 and acknowledged the foregoing instrument to be his free act and deed before me, Cz 1! � Rbbert W. Welch, Notary Public My commission expires January 30, 1983 F.SSE% SS. RECORDED 197 PASTIQ M• - rvST, #F' i I I i I i -17- r PG580 HE RALPH' PARISELI,A LIVING TRUST , II RALPH PARISELLA, of Beverly, Essex County, Massachusetts, iI I hereinafter sometimes referred to as the Donor, hereby transfer, i assign and set over to the Trustee, hereinafter named, the sum 1 of Teri ($10.00) Dollars to hold with any other property whici may } 1; be subsequently transferred, assigned or delivered to this trust �I I� by me or from my estate or otherwise, including the proceeds of any insurance policies of which this trust may be named bene- ficiary, in trust, however, on and for the following uses and purposes. The name of this trust shall be the "RALPH PARISELLA LIVING 4 ' TRUST". I Article First: During my life: (A) The Trustee shall pay and distribute the net i therefrom as I direct or IIincome and amounts or parts of principal request, and without such direction or request, to or for my benefit or in its discretion, for the benefit of my wife and f children. (B) I reserve to myself the right to receive all pay- 1 II ' ments of dividends, surrender values and benefits of any kind I i which may Ac,.r.,p on account of any in policies on my life held by the Trustee hereunder, and of which this trust may be a i M beneficiary, and the right at any time to assign, pledge or use said policies or any of them, or to change the beneficiary there Iof, or to borrow money thereon, or in any manner to deal with such j insurance policies as my own, without the consent, approval or I� (� joinder of the Trustee or any beneficiary hereunder. The Trustee l S ' x-a.+rw:-t r � a -,- - —�� r"�K'' h`�;ta4 ..;art�';- �7s'� °'7J �°�:, �'�"��t" mT°< ;-Xcr, •1*r'w^s."";"rrc"rtr.'�F