JBL BUSINESS TRUST AN UNINCORPORATED BUSINESS TRUST

Transcription

1 JBL BUSINESS TRUST AN UNINCORPORATED BUSINESS TRUST THIS PRIVATE CONTRACT STATEMENT OF COVENANTS, AND DECLARATION OF TRUST ORGANIZATION, IS MADE THIS <ENTER DAY> day of <May, 2017> by and between JOHN A DOE the the Maker, whose domicile is <ADDRESS>, and DAVID GOODY,the Exchangor, whose domicile is <ADDRESS> THE EXCHANGOR HEREBY OFFERS to bargain or exchange JBL Business Trust Certificates on condition, said certificates shall be secured by the personal property[note] of the Maker, recorded in the annex [Schedule A], in furtherance and pursuance of the purposes set forth in this trust instrument. THE MAKER HEREBY ACCEPTS the offer for the sum One hundred (100) JBL Business Trust Certificates, hereinafter Certificates, in exchange for delivering certain personal property in Trust, irrevocable, the receipt of which is acknowledge upon the Parties signing of this instrument. THE MAKER shall appoint one or two Trustees. Maker shall transfer said property, along with the total sum of Certificate to the Trustee(s) organization the receipt of which is acknowledged by the Parties signature on this document. Following the transfer of trust property to the Trustee, the Maker shall have no further rights, duties, or responsibilities in this trust, but shall be entitled to redeem the principal of any capital hereto for bargained or exchanged capital for the value. THE SIGNING and acknowledgment of this document by each and every Trustee appointed or elected, shall constitute their acceptance of the terms and condition s of this trust organization and of their respective duties and responsibilities. The Trust shall hold property in fee simple and the Trustee(s) shall manage the trust for the beneficial interest of the Certificate Holder(s). SECTION ONE NAME AND PRINCIPAL OFFICE THIS TRUST ORGANIZATION shall be known as the JBL Business Trust, whose principal office of business is in STREET, CITY, OHIO. SECTION TWO DESIGNATED AGENT THE AGENT DESIGNATED to receive service of process on behalf or this trust is AGENT NAME, in care STREET, CITY, OHIO or such other place as designated in writing by the Trustee(s). SECTION THREE PURPOSES OF THE TRUST THE PURPOSES for this trust shall be to raise Capital, by investing and trading to accommodate the trustees with compensation and resources to (1) found a business organization which is fully capable of etc (2) to facilitate research and development of etc.., (3) to provide a construct for consulting with governments to etc.(4) to provide full scale, etc.consulting services and deployments for persons or organizations and/or JBL Business Trust Certificate holders, and finally, (5) to carry on trust business in the manner hereinafter provided; Trustee(s) declares that all property now held and hereafter acquired by Trustee(s) or successor(s), time to time holders of Certificates evidencing interests in this

2 trust estate in the manner herein provided and subject to terms and conditions as set forth in this instrument. SECTION FOUR SHARES OF BENEFICIAL INTEREST THE SHARES OF BENEFICIAL INTEREST shall be divided into 100 units, which shall represent 100 shares of par value entitling entire Trust Corpus, but shall have no determinable value until the termination of the Trust. The Trustee(s) shall appoint Certificate Holders that will be at least one in number but may be more. The Certificates shall entitle the holder(s) to participate in any dividends or distributions that Trustee(s) shall at their discretion declare or make. Certificate Holders may also share ratably in the Trust Corpus upon termination of the trust. SECTION FIVE TRANSFER OF THE TRUSTS CERTIFICATE(S) THE TRANSFER OF CERTIFICATE(S) may occur by request and surrender to Trustee(s) but no transfer shall be effective until Trustee(s) have issued a new Certificate. THE TRANSFER of Certificates or any portion of the shares shall in no way operate as dissolution of the Trust. NO PERSON entitled to share in entitlements of a Certificate holder whether by bankruptcy or as a judgment creditor has any rights to the corpus of this Trust, to petition a court for a partition of the assets of this Trust. THE APPROVAL of transfers, shall be at the discretion of the Trustee(s) and no request for transfer shall be denied without good cause. SECTION SIX LOSS OR DESTRUCTION OF CERTIFICATE IN CASE OF LOSS OR DESTRUCTION of a Certificate, a new on shall be issued in its place, on such conditions, as Trustee(s) may deem necessary and proper. SECTION SEVEN DEATH OF A CERTIFICATE HOLDER UPON THE DEATH of a Certificate Holder, the Certificate issued to the deceased Certificate Holder shall become null and void and at the Trustee(s) discretion, a new Certificate shall be issued to another party. The Certificate shall not become party of any estate or settlement of any will. NEITHER DEATH, INSOLVENCY OR INCAPACITY of any Certificate Holder shall operate to terminate or dissolve the trust organization or affect its continuity in any way, nor shall it entitle any legal representative or other person to dissolve the trust organization or to partition the trust property or to demand an accounting. Heirs of the descendant shall not automatically succeed to his rights in the Certificate.

3 SECTION EIGHT LIST OF CERTIFICATE HOLDERS A LIST OF CERTIFICATE HOLDERS shall be in the Resolutions of the Trust Organization and may, only at Trustee s discretion, be disclosed to anyone contracting with or insuring title for any real property, or for good and sufficient reason. SECTION NINE DIVIDENDS AND DISTRIBUTIONS TRUSTEE(S) MAY, from time to time, declare and payout of any net earnings received by the trust, such dividends as in Trustee s discretion are deemed proper and advisable, to the Certificate HOlders according to each Certificate Holder s designated shares. SECTION TEN RIGHT OF CERTIFICATE HOLDERS THE RIGHTS OF CERTIFICATE HOLDERS shall be subject to all of the terms and conditions of the Declaration of Trust Organization. Certificate Holders have no legal or equitable title in or to the trust property, but merely the right to any dividends and proceeds, which the Trustee(s) shall decide to declare and upon termination of this Trust Organization, according to each Certificate Holder s designated shares. CERTIFICATE HOLDERS have no power, authority, or interest in the management, control, or operation of this Trust Organization. Certificate Holders shall have no meetings pertaining to the Trust Organization, nor shall they have power to dismiss, elect, or appoint a Trustee, increase the number of Trustee, alter or amend the Declaration of Trust Organization, modify or terminate this trust or give any instruction to the Trustee(s) whatsoever except as provided in Section Thirteen. SECTION ELEVEN LIABILITIES OF CERTIFICATE HOLDERS TRUSTEE(S) SHALL HAVE no power to bind the Certificate Holders personally. All persons dealing with or having any claim against Trustee(s) or any officer or agent of the Trust Organization shall look solely to the funds and property of the Trust Organization for the payment of any debt, tort, claim, damage, judgment, or decree, or for any money or thing that may become due or payable in any way, whether founded on contract or tort, and the Certificate Holders shall not be personally or individually liable therefore. SECTION TWELVE NUMBER, ELECTION AND TENURE OF TRUSTEE THE MAKER HEREBY appoints the first Trustee(s), and determines that the Trustees shall be at least one (1) in number, and may be increased to no more than three (3) for practical purposes beneficial to the Trust Organization. The Trustee(s) shall prepare Resolutions appointing and authorizing one or more Successor Trustees. THE TRUSTEE(S) and/or the Successor(s) shall hold office for a term of twenty-five (25) years. The death, incapacity, resignation or removal of any or all Trustee(s) s hall not terminate the Trust Organization or in any way effect its continuity, provided that at least one (1) Trustee remains in office or is appointed according to the provisions of Section Thirteen herein.

4 SECTION THIRTEEN RESIGNATION OR REMOVAL OF TRUSTEE(S) ANY TRUSTEE MAY BE REMOVED during this term at any regular or special meeting, by unanimous decision of remaining Trustees, for any cause deemed by Trustees to be sufficient. Written notice of any special meeting shall be given, mailed or ed to each Trustee at least three (3) days in advance of such meeting. SHOULD THE ENTIRE BOARD of Trustees become vacant and no Successor Trustee has been appointed the Certificate Holder(s) may appoint one Trustee who in turn shall appoint a Successor Trustee, and may appoint additional Trustees, and furthermore, a Certificate Holder may not appoint as Trustee, any current Certificate Holder(s) and Certificate Holder(s) may not, otherwise control or influence appoint a Trustee in any manner. However, acceptance of appointment as Trustee shall obligate Trustee to all of the terms, conditions, and Resolutions of the Trust Organization. SECTION FOURTEEN MEETINGS OF TRUSTEE(S) REGULAR MEETINGS of Trustees may be held at the principal office of Trustee or at any location determined by Trustees. The Chairman of the board of Trust Organization shall preside over the meetings, or in the Chairman s absence, any Trustee appointed to chair of the meeting may do so. A majority of the Trustees shall constitute a quorum and the decision of a majority of the Trustee present shall be binding on all Trustees. No defect in the manner of calling or holding meetings or the failure to call regular meetings shall affect any decision made by a majority of the Trustees. SECTION FIFTEEN OFFICERS AND AGENTS TRUSTEE(S) MAY APPOINT Manager(s), Assistant Manager(s), Consultant(s), Agent(s), and may employ such agents, consultants, advisors, attorneys, accountants and others as is deemed necessary or desirable for the best interest of the Trust Organization and Certificate Holders. MANAGER(S) AND ASSISTANT MANAGER(S), if so appointed, shall have the power and ability to perform the necessary day to day ministerial functions involved in trust operation and management in compliance with the terms and conditions of this Trust Instrument. SECTION SIXTEEN COMPENSATION OF TRUSTEE(S) TRUSTEE(S) SHALL RECEIVE such compensation as is reasonable and proper as specified in the Minutes. Trustees shall fix and pay the compensation, if any, of all officers and agents, appointed, elected, or retained by this Trust Organization. SECTION SEVENTEEN POWERS AND FUNCTIONS OF TRUSTEE(S) TRUSTEE(S) SHALL HAVE absolute and exclusive control, and management over the conduct of business affairs of this Trust organization subject only to the limitations placed herein upon Trustee s powers. Trustee(s) shall at all times operate free from any control of the Certificate Holders, Mangers or other such appointees. The enumeration of powers hereby conferred upon Trustee(s). Trustee(s) shall have all powers necessary, convenient, or appropriate to the purposes and ends of this Trust Organization,

5 and shall be authorized to take any action which may be deemed proper to carry out to the conclusion such purposes. TRUSTEE(S) SHALL HAVE POWER, among others, to purchase or otherwise acquire property, to sell, exchange, lease, mortgage, pledge, or in any manner dispose, encumber, improve, hypothecate, or deal with the property of the trust organization, or any part thereof, or any interest therein, on such terms and for such considerations, and purposes as deemed proper. Trustee(s) shall have the power to borrow money, make loans, open and close any banking, checking, savings or investment accounts of any kind whatsoever on behalf of this trust, and to make deposits, withdrawals, or make payments in full or partial satisfaction of trust obligations. Trustee(s) may execute conveyances, deeds, mortgages, deeds of trust, leases, and any other instruments in writing; may appoint and/or employ officers, agents, attorneys, managers, and assistant managers and to bring or defend any and all actions affecting the Trust Organization; may adopt and enforce such by-laws or regulations and rules, not inconsistent with the provisions of this instrument, as deemed expedient; and may adopt and use a common seal. AT ANY TIME before the expiration of this Trust Organization, if so desired, Trustee(s) may renew, by resolution, this Trust Organization for a like or shorter period of time. Trustee(s) may, if there is no further purpose for the existence of this Trust Organization, terminate the trust and distribute any remaining corpus to Certificate Holders even if the trust has not been in existence the declared length of time. TRUSTEE(S) SHALL HAVE POWER to confer such power or authority on the Chairman of the Board of Trust, when there is more than one Trustee, or on other such officers and agents appointed or retained as is sufficient to carry out the functions required of that position. However, Trustee(s) may not delegate, confer, or grant all power to anyone not a Trustee, and shall not delegate, confer, or grant total power over trust funds to anyone not a Trustee. Further, Trustee(s) shall not grant the power to convey Real Property to a non-trustee. TRUSTEE(S) SHALL HAVE POWER to change the name of the Trust Organization if at anytime it shall be found to be conflicting with another such name or for other good and sufficient reason, when such change is advisable. TRUSTEE(S) SHALL CAUSE to be kept Minutes of all meetings of Trustee(s). Such Minutes shall be signed and dated by Trustee(s) and be kept with the Trust document. Such Minutes shall be conclusive evidence of the facts and things so stated. SECTION EIGHTEEN APPLICATION OF TRUST FUNDS ANY ACT OR THING DONE by Trustee(s) or by officers or agents of this trust organization under authority of Trustee(s) shall as to strangers dealing with such Trustee(s), officers or agents, be conclusively deemed to be within the purposes of this trust organization and within the powers of such Trustee(s), agents or officers. No person dealing with Trustee(s), officers, or agents of this Trust Organization shall be bound to see the application by the latter of any funds or property passing into their hands or control. SECTION NINETEEN LIABILITY OF TRUSTEE(S) IN ALL MATTERS of law, business, and of legal nature, the property and funds of the Trust only, are liable, and not the Trustee(s), unless a specific acceptance of liability is ascribed to said contract obligation or liability, referencing a waiver of this specific clause, to limit liability.

6 NO TRUSTEE SHALL BE LIABLE for any act or omission whatsoever of any other Trustee, officer, or agent of this Trust Organization. NO TRUSTEE SHALL BE LIABLE for any error in judgment or for any act or omission, except for his own willful breach of trust. EVERY ACT OR THING DONE or omitted, and every power of obligation incurred by Trustee(s) or any of them in the administration of the Trust Organization, or in connection with any business property, or concern of the Trust Organization shall be done, omitted, exercised, or incurred by them as Trustee(s) in their Representative Capacity and not as individuals. Every person contracting with or dealing with Trustee(s) or having a debt, claim, or judgment against nay of them shall look solely to the funds and property of the Trust Organization for payment and satisfaction. No Trustee, officer, or agent of this Trust Organization shall ever be liable for any debt, tort, claim, damage, judgment, or decree arising out of anything related to this trust estate. SECTION TWENTY DURATION AND TERMINATION THIS TRUST ORGANIZATION SHALL CONTINUE for a period of twenty-five (25) years from the date hereof, and may be renewed for like periods prior to the expiration of each twenty-five year period by action of the Trustees. UPON TERMINATION OF THIS TRUST ORGANIZATION for any cause, the Trustee(s) shall wind up its affairs, and at Trustees option dispose of sufficient trust assets, at public or private sale, to the extent necessary to pay all legal and contractual obligation of this trust, and after discharging all legal and contractual obligations of the Trust Organization, shall distribute the remaining assets among the Certificate Holders according to each Certificate holder s designates shares. Trustee(s) shall continue to act until such duties have been fully performed. SECTION TWENTY-ONE JURISDICTION THIS TRUST ORGANIZATION is created and established under the common law of the united States of America and under the right to contract as preserved in the Constitution of the united States o famerica Article I, Section 10, Clause 1. UPON THE OCCURRENCE of any event constituting a force majeure as defined herein, the result of which is to frustrate the purposes of this Trust Organization or to hamper the proper administration and management of the Trust Organization, the Trustee(s) may declare by resolution that the trust domicile and or jurisdiction be changed as long as the new jurisdiction be of common law origin. THE EVENTS CONSTITUTING A FORCE MAJEURE may include, but shall not be limited to (a) the enactment of any law, regulation, or rule in the jurisdiction where the Trust Organization is then located, which restricts or frustrates use, investment or distribution of trust assets; (b) the imposition of a tax or charge of any kind upon the transfer of assets to an organization established in the jurisdiction where the Trust Organization is then located; (c) the acquisition, expropriation or confiscation of any property or assets compromising the corpus, including the compulsory conversion of the corpus, or compelling the Trustee(s0 to sell or otherwise dispose of the corpus; (d) the restriction or abrogation of any contract relating to the Trust organization by governmental authorities, or the happening of any act or event whereby the sam contract shall cease to be effective; (e) the levy of any excessive tax or duty on the corpus; (f) the declaration or existence of a state of war affecting the situs of the rust organization; (g) the

7 jurisdiction where the situs of the Trust Organization is located becomes involved in, or threatened by political instability; (h) any revocation or modification of Common-law rights or of permits and/or licenses required of the Trust Organization and/or Trustee(s), the result of which would be to disqualify the Trust Organization and or Trustee(s) from serving, or which would otherwise frustrate the purpose of this Trust organization, or (i) any other act, including statutory obligations of disclosure of the trust Organization s affairs which tends to frustrate the purpose of this Trust Organization. UPON A CHANGE OF DOMICILE AND OR JURISDICTION for any reason, it shall be the obligation of the Trustee(s) to ensure that the powers and provisions of the Trust Organization shall be as valid and effective as their best efforts can make possible under the laws of the new jurisdiction. SECTION TWENTY-TWO GENERAL PROVISIONS THE TRUSTEE(S) SHALL HAVE EXCLUSIVE POWER to construe the meaning and intent of this Trust instrument, and the Trustee(s) construction shall be conclusive, legally binding, and shall govern. THE TERMINOLOGY used in this Declaration of Trust Organization and supporting documents is used solely for clarification and common usage for Trust Organization under common-law. It shall not be interpreted that this Trust instrument and supporting documents are in any way a Trust established under any statute, but a contract between the parties, and a common-law business trust organization. All interpretations shall be under the common-law, which governs. THE PURPORT of this instrument is the law of this Trust Organization and shall not be changed or altered in any manner by present or future Trustee(s) except as provided under the common-law. THE Declaration of Trust Organization and all Trust Organization affairs shall be private and privileged information, and the disclosure of any information by a Trustee without a unanimous vote of all Trustees shall constitute a violation of Trustee s fiduciary responsibility. IN THE EVENT of a subpoena or summons, the Trustee(s) shall agree to disclose, information regarding Trust Organization business only upon a unanimous vote of Trustees, and a production of a Bond for three times the amount of the claim in question. This Trust organization is a private and privileged contractual communication protected by the Constitution of the united States of America and the Common-law right of contract. IN THIS INSTRUMENT the use of the masculine and neuter shall include the feminine, the neuter shall include both the masculine and feminine, the singular shall include both singular and plural. SECTION TWENTY-THREE APPOINTMENT OF TRUSTEES THE MAKER HEREBY APPOINTS, as Trustee, BILL L SMITH, ADDRESS. Said Trustee shall, by the signing of Trust Acknowledgment, accept appointment and be bound by the terms and conditions of this Trust instrument. The signature of the Creator on the Trust Acknowledgment shall evidence the transfer of an and all trust property to the Creator in return for Certificates and operate to transfer Certificates to the Trustee. MAKER ACKNOWLEDGES that after First and Second Trustee s acceptance of appointment Creator has no further rights, duties, or association with this Trust Organization, excluding any rights as may be held or titled in Certificates.

8 SECTION TWENTY-FOUR ACKNOWLEDGEMENT OF TRUST IN WITNESS WHEREOF the Maker, Exchangor, and Trustee(s) set their hand and seal in token of creation, delivery of consideration, and acceptance of property to be held in trust in accordance with the terms and provisions of this Declaration of Trust Organization, each agreeing to the conditions stated herein. John A. Doe, MAKER David J. Goody EXCHANGOR We trustees by autograph, hereby acknowledges acceptance of Certificates Bill A. Smith, TRUSTEE WITNESS WITNESSES I the undersigned certify and attest that the foregoing parties signed, this document on the date listed supra, of their own free will. ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. By: California PRINT State NAME Los Angeles County On before me,, personally appeared (Insert Name and title of the officer) John Alex Doe, David Joe Goody, and Bill Alex Smith who proved to me on the basis of satisfactory evidence to be the persons whose names is subscribed to the within instrument and acknowledged to me that he executed the same in their authorized capacities and that by his signature on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal)

9 JBL BUSINESS TRUST Schedule A N o. Date of Transfer Asset transferred to trust Form of ownership Tax based on date of transfer Fair Market Value on date of transfer Twenty One (21) Morgan Silver Dollars 2 Beneficial Ownership Exempt Undetermined 3 JOHN ALEX DOE Maker RANDY MOSS Exchangor BILL SMITH Trustee

10 TRUST RESOLUTION NO. 1 APPOINTMENT AND LIST OF CERTIFICATE HOLDERS BE IT RESOLVED that the undersigned Trustee does hereby appoint the following named Certificate Holders, and designate to number of shares to each Certificate Holder of JBL Business Trust in accord with section eight of the trust instrument. Beneficial Interest or Certificates (JBL Business Trust Certificates) Name of Certificate Holder(s) 100% (shares) (1) Name Trust 25 Shares (2) Name Trust 25 Shares (3) Name Trust 25 Shares (4) Name Trust 25 Shares TOTAL SHARES: 100 Dated this day of Month, Trustee

11 TRUST RESOLUTION NO. 2 DESIGNATION OF SUCCESSOR TRUSTEE BE IT RESOLVED that I hereby designate SUSAN JONES as successor, to succeed the Trustee in the event said trustee is no longer able to serve due to resignation, removal, incapacitation, or death. Dated this day of May, Trustee