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Home My WebLink About12-27-05 RECEIPT, RELEASE, WAIVER OF AUDIT AND INDEMNIFICATION AGREEMENT KNOWN BY ALL MEN PRESENT that Carol Ann Vandling, Grantor, does hereby acknowledge to have had and received from Manufacturers and Traders Trust Co., hereinafter called "FIDUCIARY", the entire balance remaining in # 1104471624, Carol Ann Vandling Trust Under Agreement, consisting of the following: 1,500 shares First Perry Bancorp Inc. 1,751.387 units MTB US Govt Bond Fd Inst I $6,769.90 Cash I, Carol Ann Vandling, hereby also acknowledge and agree as follows: I. That I have examined the Fiduciary's periodic statements and have approved them. 2. That, in order to avoid additional delay and expense in the administration and distribution of said Trust Account, I waive the filing and audit of said Trust Account in the Orphans' Court Division of the Common Pleas of Dauphin County. I hereby agree that in the event it should ever become necessary to file said Trust Account and have it audited by any court of competent jurisdiction, I will bear the full share of the expenses and fees connected herewith. 3. That I have assumed that there are no additional debt of said Trust Account, but agree that in the event that any debt of said Trust Account should at any time become payable, I will discharge the full share of said obligation and any cost or expense in connection with the determination of the validity of any such debt. 4. That, in the event an erroneous distribution has been made to me from this Trust Account, occasioned by fact or law, regardless of any party's negligence in making said distribution, I agree to refund to the Fiduciary the amount erroneously distributed to it. 5. That I do hereby remise, release, quit-claim and forever discharge the said Fiduciary, Manufacturers and Traders Trust Co., its successors and assigns, of and from all claims, Trust Accounts, demands, and reckonings whatsoever, for, by, or in connection with the administration and distribution of the said Trust Account. 6. That I agree to indemnify the Fiduciary against all liability, loss or expense which may be incurred by the Fiduciary as the result of the settlement of this Trust Account, or of the distribution being made upon this Receipt and Release, regardless of any party's negligence in making this distribution, to the extent of its distributive share. IN WITNESS WHEREOF, I have hereunto set my hand and my seal, this 4 day of Witnesses: ~4~r411~7~AL) If 2005. BEFORE ME, the undersigned authority, on this day personally appeared Carol Ann Vandling, known to me (or introduced to me by ), to be the person whose name is subscribed to the foregoing instrument, and acknowledge so he/she executed the same for the purposes and c3nsideration therein/expressed and SUBSCRIBED AND SWORN TO ME this ~ day of j\!o A.D., ~. COMMONWEALTH OF PENNSYLVANIA ~ /",---,,, Notarial Seal Notary Signature: C7~' r v~-- patriciaA.Gordon,NotaJyPubflC PrintedNameof otary: P""T1lJc"" A ~d'Q)c"'; FailVl,ew Twp., YOrkJ~:' 2009 My commission expires: . 7 -.5 r -0,/ ociation of Notaries 1I.ooo;p...-.\I/_or_""",_...-....V_..._,F$l)...... vt- . 7/89 REVOCABLE TRUST AGREEMENT by and between Cd"75/ /! YvJk'j; Settlor and Dauphin Deposit Bank and Trust Company, Trustee I, c cuo/ /). j/'C/lc/h'iJ (Settlor) of A/tAV Ci-rl1k/',,{.-,.I) A.?ry/vv.,~ hereby transfer to Dauphin Deposit Bank and Trust Company (hereinafter called the Trustee), a Pennsyrvania bank and trust company, such property as may be delivered contemporaneously herewith, or at such time or times hereafter, to be held in Trust as follows: FIRST: Dispositive Provisions For My Benefit - During my lifetime: A. All of the net income shall be paid to me at least 9uarterly or shall be paid or accumulated and added to principal, as I may direct m writing; B. As much of the principal as I may from time to time request in writing shall be paid to me, or as I may otherwise direct; C. If, in the Trustee's opinion, I am at any time unable to act or to apply the payments to my own best interest and advantage, the Trustee may apply airectly for my benefit as much of the income and/ or principal as the Trustee may, from time to time, deem aPl'ropriate for my welfare, comfort, support or emergency needs, directly and WIthout the intervention of a guardian, and may add to principal as much of the income as the Trustee deems advisable. D. Trustee shall keep true and correct books of account, which books of account shall at all reasonabfe times be open to the inspection of Settlor or his duly appointed representative. Trustee shall also quarterly render Settlor a detailed statement showing all receipts and disbursements on account of the trust estate and the manner and form in which the trust estate is invested at the time of the rendition of such statement. SECOND: Dispositive Provisions After My Death - Upon my death while the trust continues, the Trustee shall pay the then-remaining principal and income to my Executor or Administrator for dISposition as part of my Estate. THIRD: Right to Revoke and Amend: I reserve the right to revoke or amend this trust, in whole or in part, at any time and from time to time by an instrument in writing, delivered to the Trustee and intended to take effect during my lifetime; except that the duties, powers and liabilities of the Trustee shall not be changed without its written consent. The Trustee reserves the right, at any time upon thirty (30) days advance written notice to me, to resign the trust and deliver the trust estate to me, after deducting therefrom its fees and any expenses then due and payable. FOURTH: Additions to Trust: Subject to the approval of the Trustee, either I or any other entity may add property, real and personal, to the principal of this trust. FIFTH: Trustee's Powers: In addition to the powers granted by law, my Trustee shall have the following discretionary powers, applicable to principal and income, which shall be exercisable without leave of court and shall continue until distribution is actually made: A. To accept and retain any or all property at any time hereafter delivered or in any other manner hereafter acquirea, including stock or other securities of the Trustee, or of a holding company controlling tIle Trustee; B. To invest in all forms of property (including, but not by way of limitation, real estate, all types of stocks, bonds, options, and participations in common trust funds and money market funds); without being conIined to investments prescribed by statute and without being required to diversify; C. To buy investments at a premium or discount; D. To hold property unregistered or in the name of a nominee; E. To give proxies, both ministerial and discretionary; F. To compromise claims; G. To join in any merger, consolidation, reorganization, voting trust plan, or other concerted action of security holders, and to delegate discretionary duties with respect thereto; H. To borrow from Dauphin Deposit Bank and Trust Company or from others, and to pledge real or personal property as security therefor; to loan cash or securities upon such terms and conditions as trustees deem appropriate. I. To sell at public or private sale for cash or credit or partly for each to exchange, to improve or to lease for any period of time, any real or personal property; and to give options for sales, exchanges, or leases. J. To allocate any property received or charge incurred to principal or income or partly to each, without being obliged to apply the usual niles of trust accounting; K. To distribute in cash or in kind or partly in each; L. To retain any part or all of my business interests held in this Trust as long as the Trustee considers it advisable to do so; and to conduct, alone or with others, any such business in which I am engaged, with all the powers of an owner or with respect thereto, including the power to delegate discretionary duties to others and to pay adequate compensation to any such person; to invest other property in such business, and to incorporate it or change its form. This power mcludes the right to take all appropriate actions to prevent, identifJr, or respond to actual or threatened violations of any environmental law or regUlation thereunder. M. To disclaim, in whole or in part, any interests in property for any reason, including but not limited to a concern that such property could cause potential liability under the federal, state or local environmental law. SIXTH: Compensation: The trustee shall be compensated in accordance with its standard schedule of charges in effect from time to time during the period of its services, and this compensation shall be paid from principal or income or partly from each in the sole discretion of the Trustee. Settlor hereby acknowledges receipt of Trustee's current fee schedule, which is subject to revision from time to time. SEVENTH: Non-Assignment: No part of the income or principal of the property held under this Trust shall be subject to attachment, levy or seizure by any creditor, spouse, assignee or trustee or receiver in bankruptcy prior to actual receipt thereof. The Trustee shall pay over the net income ancfthe principal to the persons herein desi~nated. as their interests may appear, without regard to any attempted anticipation (except as specifically prOVided in this agreement), pledgmg or assignment under the Trust, and without regard to any claim thereto or attempted levy, attachment, seizure or other process against me. EIGHTH: Law Governing Trust: This trust is created and accepted in the Commonwealt~ of .Pennsyl~ jlnd shall in all respects be go~erned by its laws and shall have Its Situs at CVn'l&/.;'1~ County, Pennsylvania. Executed on fn / c?- 7 : 19 ctL/ NarE: Before executing this document you may want to consult with your Attorney to assure that your wishes are being set forth accurately and in proper legal form. WITNESS: t/ddJ 7~"~ x4/~~~EAL) The foregoing trust is hereby accept~. Executed on +I'~<..c c2 -;1 . 19 ~ Dauphin Deposit Bank and Trust Company By AL<-.L //)ca<..t!/;;~" /lVP-. TIU<l/ ~/(a/) COMMONWEALTII OF PENNSYLVANIA) COUNTY OF ) On this, the day of , 19 , before me, a notary public in and for the said Commonwealth and County, personally appeared ,known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Revocable Trust A~reement ana acknowledged that he/she executed the same for the purposes therem contained. WITNESS my hand and notarial seal. Notary Public My Commission Expires: (SEAL)