Powers and Duties of Trustee Sample Clauses
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Powers and Duties of Trustee. The Trustee shall have all of the powers allowed to him by the provisions of the state law governing this Trust (see Paragraph 18). The Trustee shall specifically have the power to make and execute contracts for the lease or sale of the Trust Property, mortgages secured by the Trust Property, option agreements for the sale or lease of the Trust Property and to otherwise dispose of the Trust Property as the Trustee shall be directed by the majority in interest of the Beneficiaries. In addition, the Trustee shall have the power to perform any act that the majority in interest direct the Trustee to perform. The Trustee shall exercise his powers only upon the written direction of a majority in interest of the Beneficiaries. The Trustee shall have the duty to maintain an accurate record of the Beneficiaries of this Trust, which record shall include the name and address of the Beneficiaries and their respective interests in the Trust and be designated as Schedule "C". The Trustee shall only have such other duties as required in writing by a majority in interest of the Beneficiaries. The Trustee shall not have the power to bind the Beneficiaries personally to any debt or obligation without the express written consent of the Beneficiaries.
Powers and Duties of Trustee. The Trustee shall have all of the powers allowed to him by the provisions of the law governing this Trust. The Trustee shall specifically have the power to make and execute contracts for the lease or sale of the Trust Property, mortgages secured by the Trust Property, option agreements for the sale or lease of the Trust Property and to otherwise dispose of the Trust Property as the Trustee shall be directed by the Beneficiary. In addition, the Trustee shall have the power to perform any act that the Beneficiary in interest directs the Trustee to perform. The Trustee shall exercise his powers only upon the written direction of the Beneficiary. The Trustee shall only have such other duties as required in writing by the Beneficiary. The Trustee shall not have the power to bind the Beneficiary personally to any debt or obligation without the express written consent of the Beneficiary.
Powers and Duties of Trustee. The Trustee shall not record this agreement or the name of any of the Beneficiaries in any place of public record, divulge copies of this Trust Agreement to individual or entity other than the Beneficiaries or Successor Trustees specified within this agreement, or reveal the identity of the Beneficiaries unless ordered by Court Order as a matter of law.
A) Issue notes or bonds and to secure the payment of the same by mortgaging the whole or any part of the Trust Property; to borrow money, giving notes therefore signed by him in his capacity as Trustee; to invest such part of the capital and the profits therefrom and the proceeds of the sale of bonds and notes in such real estate, equities in real estate, and mortgages in real estate in the United States of America, as he may deem advisable.
B) With the consent of the Beneficiary, the Trustee shall have the authority to hold the legal title to all of the Trust Property, and shall have the exclusive management and control of the property as if he were the absolute owner thereof, and the Trustee is hereby given full power to do all things and perform all acts which in his judgment are necessary and proper for the protection of the Trust Property and for the interest of the Beneficiaries in the property of the Trust, subject to the restrictions, terms, and conditions herein set forth.
C) Without prejudice to the general powers conferred on the Trustee hereunder, it is hereby declared that the Trustee shall have the following powers, with the consent of the Beneficiaries:
1) To purchase any real property for the Trust at such times and on such terms as may seem advisable; to assume mortgages upon the property.
2) To sell at public auction or private sale, to barter, to exchange, or to dispose of otherwise, any part, or the whole of the Trust Property which may, from time to time form part of the Trust estate, subject to such restrictions and for such consideration for cash and for credit, and generally upon such terms and conditions as may seem judicious, to secure payment upon any loan or loans of the Trust, by mortgage with or without power of sale, and to include such provisions, terms, and conditions as may seem desirable.
3) To rent or lease the whole or any part of the Trust Property for long or short terms, but not for terms exceeding the term of the Trust the remaining.
4) To repair, alter, tear down, add to, or erect any building or buildings upon land belonging to the Trust; to fill, grade, drain, imp...
Powers and Duties of Trustee. In the administration of the Trust, the Trustee shall have the powers and duties set forth in this Article II, in addition to all powers and duties otherwise expressly set forth in this Trust Agreement. Subject to the other provisions of this Agreement, the Trustee is empowered:
(a) to invest and reinvest all or any part of Trust units or the Trust, including both principal and income, in securities pursuant to this Agreement;
(b) to purchase annuities and hold and retain such contract or contracts as part of the Trust;
(c) to invest and reinvest all or any part of the Trust under an insurance contract or contracts that contain provisions relating to a specified rate of return on such investment;
(d) to sell, lease, exchange, or otherwise dispose of all or any part of the Trust at such prices, upon such terms and conditions, and in such manner as it shall determine, including the right to surrender an annuity contract or contracts at any time held in the Trust;
(e) to exercise, buy, or sell rights of conversion or subscription;
(f) to enter into or oppose any plan of consolidation, merger, reorganization, capital readjustment, or liquidation of any corporation or other issuer of securities held hereunder (including any plan for the sale, lease, or mortgage of any of its property or the adjustment or liquidation of any of its indebtedness) and, in connection with any such plan, to enter into any security holders' trust agreement, to deposit securities under such agreement, and to pay assessments or subscriptions from the other assets held hereunder;
(g) to retain in cash or in forms of investment otherwise unproductive of income such portion of the Trust as determined by the Sponsor is necessitated by the cash requirements of the Trust; provided, however, that, to the maximum extent feasible, such amounts shall be held which are productive of income but are sufficiently liquid to meet such cash requirements;
(h) to deposit securities held hereunder in any depository;
(i) to transfer to and invest all or any part of the Trust in any collective investment trust which constitutes an exempt trust within the meaning of the Code and which is then maintained by a bank or trust company, or any of its affiliates, when such bank or trust company is acting as Trustee or agent for the Trustee; provided that the instrument establishing such collective investment trust, as amended from time to time, shall govern any investment therein, and is hereby made a part of this T...
Powers and Duties of Trustee. The Trustee shall have all powers and duties granted and imposed under Code Sections 55-59 through 55-59.4
Powers and Duties of Trustee. In the administration of the Trust, the Trustee shall have the powers and duties set forth in this Article II, in addition to all powers and duties otherwise expressly set forth in this Trust Agreement.
Powers and Duties of Trustee. The Trustee hereby agrees and covenants with the Parties hereto that it will perform all of its obligations under this Agreement and will not deliver custody or possession of any of the Trust Fund to anyone except pursuant to the express terms of this Agreement.
Powers and Duties of Trustee. 3.1 INVESTMENT DIRECTIONS....
Powers and Duties of Trustee. (1) While this Agreement is in effect, the Trustee, in his sole discretion, in person or by proxy, shall have the full and unqualified right and power to vote the Shares, held by him hereunder, to waive notice of meetings, to take part in or consent to any corporate or stockholders' action of any kind whatsoever, to enter into agreement for the voting of Shares with stockholders of the Company, and otherwise to act in respect of any and all such Shares in the same manner and to the same extent as if he were the absolute owner thereof in his own right; provided, however, that the Trustee shall have no right or authority to pledge or otherwise encumber, or to sell, transfer, or otherwise dispose of any Shares deposited hereunder.
(2) The Trustee may employ counsel and such agents as he may deem necessary, desirable or convenient, may remove them at pleasure, and may fix the powers, duties and compensation of such agents and attorneys. The Trustee shall be reimbursed by the holders of Voting Trust Certificates, pro rata in proportion to the number of such certificates held by them, for fees and disbursements paid by the Trustee to such agents and attorneys and for any other of his ordinary and necessary expenses in carrying out this Agreement upon submission to such holders of vouchers for such payment.
(3) The Trustee shall serve as such without compensation. He may, in his individual capacity, serve as a director, officer and/or agent of the Company or any subsidiary of, or company controlled by or affiliated with, the Company and receive compensation therefor.
(4) The Trustee or any person, firm or corporation in which he may have an interest or with which he is affiliated or in any way related may, for his or its own account: purchase and sell securities of the Company or any subsidiary of, or company controlled by or affiliated with, the Company; purchase any property (including, without limitation, securities or rights or warrants to acquire securities of other corporations) owned by the Company or any such other company; or be interested in any such purchase or sale. No contract or other transaction between the Company or any such other company; or be interested in any such purchase or sale. No contract or other transaction between the Company or any subsidiary of, or company controlled by or affiliated with, the Company and the Trustee, or any person, firm or corporation in which the Trustee may be interested or with which he may be affiliated or in a...
Powers and Duties of Trustee. The Trustee shall not copy or show this agreement to any individual or entity other than the beneficiaries or successor trustees, nor shall the Trustee reveal the identity of the beneficiaries or the trust property to any individual or entity except by way of a Court Order duly executed by a Justice or Magistrate of a Court of competent jurisdiction. The trustee shall not record this agreement or the name of any of the beneficiaries in any place of public record. The Trustee, as the sole owner of record of the Trust Property, have the following powers with respect the Trust Property, at to the written direction of the Beneficiary:
a. To issue notes or bonds and to secure the payment of the same by executing a deed of trust, mortgage or other security instrument conveying a lien on the whole or any part of the Trust Property;
b. To borrow money, giving notes therefore, or to assume existing debts related to the property signed by him or her in the capacity as Trustee;
c. To invest such part of the capital and profits therefore and the proceeds of the sale of bonds and notes in such real estate, equities in real estate, and mortgages in real estate in the United States of America;
d. To have, together with, and at the direction of the beneficiaries, the exclusive management and control of the property as if he were the absolute owner thereof, and the full power to do all things and perform all acts which in his or her judgment are necessary and proper for the protection and preservation of the Trust Property and for the interest of the Beneficiaries in the property of the Trust, subject to the restrictions, terms, and conditions set forth herein;
e. To take possession of the trust property in the event it becomes vacant;
f. To purchase any additional real property for the Trust at such times and on such terms as may be beneficial to the beneficiary;
g. To rent or lease the whole or any part of the Trust Property for long or short terms, but not for terms exceeding the term of the Trust then remaining;
h. To repair, alter, tear down, add to, or erect any building or buildings upon land belonging to the Trust; to fill, grade, drain, improve, and otherwise develop any land belonging to the Trust; to carry on, operate, or manage any building, apartment house, mobile home lot or hotel belonging to the Trust;
i. To make, execute, acknowledge, and deliver all deeds, releases, mortgages, leases, contracts, options, agreements, instruments, and other obligations of w...