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1984-04-02 - ASSESSORS' DEPART ME Location 41 APPLETON ST Block MAP 27 Lot No 2 0 5 Cert. No. Doc. No. Recoorrded c � Rook 734 7 Page y9 � Re y- Consideration a lt DtED / Buildings mentioned GRANTOR Description: /� f� `7— �s /��A 20 GRANTEE Reference to title: {B. F,an�Sf by Same Part of Premises, P. PI. No, Pl. Cert. No. From Rec. R 1! 9O P. /oc To Lorsa/ Date BK6597 PG314 i WHEREAS, Charles D. Sinclair of Salem, Essex County, Massachusetts, is about to hold title to real estate in Salem, Essex County, Massachusetts, namely 43 Appleton Street. NOW THEREFORE, I , the said Charles D. Sinclair declare that I shall hold said real estate and any and all real or personal property which shall in the future be conveyed, transferred, or acquired by me as Trustee hereunder upon the Trust herein set forth for the benefit of Thomas Sinclair of Salem, Essex County, Massachusetts. 1 . The name of the Trust shall be "Sinclair Family Trust" , hereinafter referred to as the Trust. 2. The Trustee shall be the said Charles D. Sinclair , hereinafter called the Trustee, but nothing in this paragraph shall prevent the later appointment of successor or additional trustees . 3. The Beneficiary shall be the said Thomas Sinclair. This named Beneficiary shall be the only Beneficiary, except in the event of resignation, and no shares in the Trust are authorized under the Declaration, nor is the Trustee to issue any shares. II BK6597 e(, 315 -2- j 4 . The Trustee shall have entire control and II management over the property to be held under the i Trust. The Trustee or Trustees shall have no limita- i! tion upon their ordinary powers as Trustees and amongst other powers they shall have the power to receive and I! hold real and personal property for cash or credit by ! public or private sale; to partition; to receive an"' i collect all interest, resits, dividends, and any other li income on the property held by the said Trustee; to pay any liens, claims , indebtedness or other obligation against the said property; to pay from the Trust income such expenses as the Trustees may in their discretion deem reasonable; to borrow money for the purpose the Trustees shall deem reasonable and proper (� in their discretion; and to secure such sums borrowed b pledging assets of the Trust as security; to make any improvements, changes or alterations in or upon the I real estate; to, sign, seal , acknowledge and deliver deeds, mortgages, assignments, partial releases, discharges or mortgages; leases for a term of Ininety-nine (99) years or less; and agreements concern- I ing the transferring or assigning of the property to i l be received by the Trust or any part thereof . No purchaser, mortgagor, or person dealing with the 'trustees shall be required to look to the application it of monies paid to the Trustees . The Trustees shall hav �I I' r BK6597 PC; 3 1 F -3- full power in their discretion to buy, sell or, mortgage any or all of the assets which they hold under the Trust for any consideration that in their sole , discretion they deem proper . 5 . The Trustees shall from time to time in their discretion distribute the net income from the Trust to the Beneficiaries and Trustees shall account to the Beneficiaries every three ( 3) months. 6 . In the event of death or resignation of a Trustee, the Trust shall terminate hereunder, or the Settlor, Beneficiaries , Trustees hereunder may termin- ate this Trust at any time. No termination by the Settlor, Beneficiaries, Trustees shall be effective unless the provisions of Paragraph 7 below as to alteration, amendment, and revocation are complied with '. 7 . The Settlor, Beneficiaries, Trustees reserve the right to alter, amend or revoke at any time and for any reasons they deem fit, but in any event the Trust will terminate in four (4) years from the date of this Trust instrument. However, no such alteration amendment or revocation shall become effective until an instrument evidencing such alteration, amendment and revocation shall be signed, sealed and acknowledged by the said Trustees , Beneficiaries, Settlor and recirded with the Essex South District Registry of Deeds. r 1 BK6b97 PA 17 8. Upon the termination of the Trust, all of the i Trust property, both real and personal , shall become the sole property of the Beneficiary, free from trust. 0 9 . The Trustees shall not be personally liable for any error or judgment or for any loss arising out of any act or omission to act in the execution on any of the powers conferred by this Agreement, so long as they act in good faith. No Trustee shall be personally liable for the acts or omissions of the other Trustees, nor for the acts or omissions of any persons appointed by them to assist in the execution of the Trust. All persons dealing with the Trustees shall look only to I the Trust property for the payment of their claims, i and every instrument to which the Trustees shall be I� parties or on account of which any liability may be chargealbe against the Trust Property shall in I� substance so provide. IN WITNESS WHEREON', I , the said Charles D. I Sinclair have executed this instrument on the I L day of 1979 . CHARLES D. SINCLAIR COMMONWEALTH OF MASSACHUSY TTS ESSEX, SS. `11 ` `� , 1979 Salem, Massachusetts Then personally appeared the above-named Charles D. Sinclair, and acknowledged the foregoin j instrument to be his free apt. and deed, befiore me �i Notary Public i � My commissi � e4p4es: /U//6 i 1'SSEY SSjI RECORDED _ ___?� 1J79_�� 1�'I. PA T 11_Z)__M. INST. # 4 I