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  • HUGHES, PATRICIA S et al vs MCCALLEN, JOSEPH RCircuit Civil 3-C document preview
  • HUGHES, PATRICIA S et al vs MCCALLEN, JOSEPH RCircuit Civil 3-C document preview
  • HUGHES, PATRICIA S et al vs MCCALLEN, JOSEPH RCircuit Civil 3-C document preview
  • HUGHES, PATRICIA S et al vs MCCALLEN, JOSEPH RCircuit Civil 3-C document preview
  • HUGHES, PATRICIA S et al vs MCCALLEN, JOSEPH RCircuit Civil 3-C document preview
  • HUGHES, PATRICIA S et al vs MCCALLEN, JOSEPH RCircuit Civil 3-C document preview
  • HUGHES, PATRICIA S et al vs MCCALLEN, JOSEPH RCircuit Civil 3-C document preview
  • HUGHES, PATRICIA S et al vs MCCALLEN, JOSEPH RCircuit Civil 3-C document preview
						
                                

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Filing # 181352826 E-Filed 09/07/2023 05:11:31 PM REVOCABL! wore B Gs VING TRUST AGREEMENT Te “PETS 8 TRU T AGRE. MENT, signed on March 26, 1996, by BETTY 4. MoCALLEN , Ora Grante nd nd BETTY ©. as a MeCALLEN, as the Trustee, provides as follows: i Ou EL ” he 8 Trust aL be known ag the "BETTY L. MaCALLEN Revocable Living Trust, dateé March 26, 1998." ARTICLE 2 A Initial Trustee. The initia ey. 4 22 8 of s Trust shall be BETTY L. MoCALLEN. Throughout this Yruet, a4 such person si bE re re no as one wy rustee". 52 Successor Trustee. The Grantor hereby nam the following persons to serve as Suc asor Trustee to the initial Trustee, to se ve in der on dex of of nomination: my son, JOSEPH R. MaCALLEN, then my daughter, PATRICIA 8a RUGHES , then y daughter, DEBORAH Le MaCALLEN. Through this Trust, whenever the Successor Trustee shall have assumed 1e rust eship of e is Trust, then references to “PTrustee”™ shall be taken to no alsa Successor iy bee Ee engation of Trustee. The Trust en foe than por ev iste may collect annual compensation of up one per cen d of the total gross value of tt he Trust assets as of the da e the Trustees assu 3 the trusteeship of this Trust. Co-Trustees shall snare such on suck a compensat i LOM Electronically Filed Pasco Case # 2023CA004302CAAX WS 09/07/2023 05:11:31 PM BL tL ot ne aly Be Reimbursement for Expenses. The Trustee shall be entitled red imm bursement for any ny out-of-pocket expenses incurred in administering this Trust, including but nne eo ot limited ne t me Lost from em ent 2ytt ere! eE. rm. stee's Duty BE nb t. ne Trustee shall ent ori ent the the iny VEStments. in o this rust: the sole benefit of the Grantor during 5 he the &: mhor's lifetime, without regard or consideration of any benefits to be dex ved by any fu re or contingent beneficiaries. indemmifica on of izustee. This Trust shall indemnify Trustee in iL from the Txust assets for any liability held against the Trustes resulting Pr om ix any litigation for any other type or form ¢ action, legal or otherwige) €£ dled ns 2 us tituted or tb en by any person against the Trustee, where such iitigation 43 3 based or predicated pon wu pon (i) this Trust, (2) & ANY ya ¥ a ssets or property this Trust, ' } ary Co aotion or acthile s of the Trustee hich are related in in any way to the Trustee's perfor noe of fiduciary duties as Trustee herec , Or (4) the Trustee being algo a beneficiary of th S$ rus aT a re 3 3, this Trust sha 14 hold the Trustee #from hay ‘legs any of tr 4 above situatior GS. SQzEPOrace Hh T he following terms custees. and conditions Shall apply t a orate ‘rustee named in this Trust by the Grantor upon L acceptance ot er the trusteeship of this Trust: The corporate Tu et sh ae shall recelve fox its services co mpensation in a coer COX jance with its x gular schedule of ees in effect at the time the fees a € computed, which in the discretion : © f t }k ne corporate Trustee be paid from either pri 3} or income. ad ere Pewe rT ar ne veh & corporate authorized t 2*y reta an rugtee in nh the st any rec property ed by it hereun during the existence of this Trust, ox purchased by it pursua to written dire ons of the Grantor as provided Ry anc. ding it sh re as of the corporate Trustee’s own 5H 2Ck, nene whether or the character permitted by law for the investment of trust funds, if and as long ; as the COT rate Trustee, the exercise of good th and of reasonable prudence > discretion & intelligence, may consider at such retention is in ast inte este of eb est the Trust . All property taxes, assessments, fees, charges and ine ree a ey other expenses by corporate Trustee in the administration or protection of this Trust, including the compensation of the corporate Trustee as provi her ded ny shall be a charge upon the Trust estate and shall by, ie ve id by the cor orate Trustee in full out of LE L or in full it f£ the income cf the "v rust est ce, or ie ¥y our of each of th ie tk in such a marny er and proportions as he corporate Trustesoe in its discretion may determine o o be advisab prior to final distribution of the cau ist ist, property. ARTICLE 33 JE LE RY _OF TRUST PROPERTY TO ‘erp TRU! STEE The eaora noer has trans rred and delivered to xe Trustee all t ny * the assets and prope preser as 2oLy sted on Schedul 3 vAn attached hereto, as well 4 ee as any and other property o £ whatey k nd and mature, whether r 1L er personal, and Ww hhex y 1eYev lo. 1 ex ted, that the Grantor may add te this Trust in ct The con con, sideration for this delivery shall be t 48e covenants e sressed in this Trust as well as Ten 4 ars Dol tars ($10,00) and other val ble consideration. Th ¥ Trustee shall be d and administer the assets of eK th. As Trust on. behal ¢£ o = the Grantor, upon the &t and conditions of et is et. The Trustes hereby acknowle ges -t of an 1a rece such assets property, wre meerr ne An tates ARTICLE 4 2BLTIONS. it "A pr Mich A. 132 PRINCIPAL AS song as thi Trust remains in effect J@x LE after the death of the Grantor) the Gra nor ntor or any other person with the consent of the Grantor or the Trustee, may add othex property to this Trust, by tx neferxing such propert ta the Trustee by deed, qn x+ by any other means. or method. Such additional erty propert s allYY L be covered by the nes of provisio one this Trust, even if such add property is at 1ere after actually listed on on edule oRA * The deposit of any such additional property with the is. stee, and the passing o £ such p x+ operty to the Trustee under the s of EF bh is “y Trust or the terms of the Grantor’s Will, shall e ective regardless cf hhy e ic be a sation or State of the Grantor's 2 Legal xr esic nce All of o£ &£. he property receli st aby the Tr st ee shall a de and ad iniste Gas a part Gra Ca of this Trust. The Gra. ntor have been advised, and fully reo ognizes, } that chat property not bra. ngferred to this Trust may be ib a ub to prob e proceeding AR pT ey TICLE 55 TPAL L VCOME AND FI PASABLE YO GRANT or the x ni ir e nm ng Lifes imi of the Grantor, the Trustee 8Ssst ai mace the the follow payments from this Trust to the Gran tor tor: Net. r es Pavable tc bhe Grantor. 1p!T he Trustee shall pay dir ct Ee ¢ 2 y OF pay on k if OF3£ the Grantor ali of the net income earned by the Trust assets in in aysr amounts the Grantor designates, unless Thy Tx che ee is instructed differently by the Grantor. B. Principal Payable to ih:bh 8 Grantor. The Trustee she pay gid es ae ¥ ar aoe sabes sel 1 y eeect to the Grane o5 any p rtions of the ori neipal pri of t is Trust oh at Ae antor anstxr Tn addition, cis, the Trustee, in the Trustee's sole wa absolute di 3 soretion, may pay directly to the 6Grant or t ox use @ Grantor‘ s nefit, any portions (or all) of rhe ea ear pal of this Trust that the Srustee determines to be mire for tne Gran ors support. and comfort, or £O0 any other purpose which the Trustee determines to be 4 n the Grantor’s best Lnterest, ART B 6 EOW ERS OP TRUSTER A. The Trustee shall have the follow ing ri Aes and powers over any of the Trust asset without lim tation, in addition to any other or similar powers conferred by the laws of the Stat. 6é of Florida or of ny other State in wi eh the Trust sy ll he s ituated: As. St. Sources: an To receive additiona 7 assets Srom any source co add the same to the tet Tr ust principal £ 2gale or 2as2 © Lease: To sel exchange, mortgage pledge any roperty, real lease, or of personal. 3. im suments : To invest and reinvest of the Y part Trust p.Oxincipal in ve following any real or property, ay wherever located, incl ding any las. sifi ed ed un eal property un der the laws of the st e@ of Florida sOMEeSst ae real ae property; be ‘ Geposits of an a, a ah my g buy notae niced to check ing ine a od cen y unts, SA Sa v3 gs ac unts, money market at Of accounts, and cer fi of deposit; annuit a fe insurance contract s3; life insurance policies ’ he er the same be whole life, er fe, or universal 1Lif @ej securit Cer es, intluding (but no 3d ted to) common a na nd mutual funds, investment Crus vtificates, iq bond 3 Ss, debe ures, preferred stocks and tH €s KS; Unie a States Treasury Bills and T easury Notes; mortgag and mortgage participation certificates; and yr oy minera leases and 5 OY alalt t tes, relating ro 1 oil am gas; L ited partnerships; and obligations ‘ 5 ared ox unsecured) ; and to cause any 5 gid wari at 2 sok securities held by the Trustee he registered in "street name", Or ust eea's own name, without Ac. Clon o eo du oc jary capacity, without SO do ng. liability in 4 o vin oryx owing: borrow 38 ttu ny source ustee da ermin any amount the be be ecesgary and may pledge as security for any loan ATTY st assets pr Lo any sec ur vote upon any pr oposition or lection a ar Ru eting and to gran proxies, sor onary or her wise, ot her GO vote at any such m 3 eet ing. 6 Mardins: To bi uy uy, sell in 3 including Aan trade in ny 3 urities leg short sa ies, Or roe argin, and for su ch purposes May Maintain and operate ma gin account 8, and may pledge any securities held o purchased by the BY Trou tee with DE a as securit ror jeans and advances made to the Tx us ae Fe t Jnoxrod ave i we £et SV Agsets: Yert 3.8 e To acquire Or rétain property retu irning no income -or ght ine: ome an Bu. in Trust to main assets in on cash, deposit, uninvested; to or and Cai Ly fest or 31 ein ein Vest any part of the Trust assets in in inprodu ctive property, of any kind. a R ae 5t ate investments To prove any real property, ne ng the power to demali aye erect buildings; le ase y i nel co Prop ¥ inc aL1M hg the power be lease to periods property Or which extend xrx may xtend b eyond curation of the ‘ 7T nd > forecio tne - se, expa nd, assi gn, ase, and di harge or sat is 4 fy mortgages, agreements eeed, and similar instruments Ss Jistrib on a: ve a: £2 dis bributd t riputlion in kir a, thty @ fe nt oF ru st TEU cont eeets cash ox con ination of both. 10 Det zirin. Raton gf What i income Pri nein. nel al to determine wha & is "“princip. ar do wh is "income" the Trust, w of out regard to st any Boe ute or rule of law, pr ovided standard acceptable accou: ing principles are Ld owed. 44 Me 1He LL Bec fi esbearer 313: form, the tle: To held bonds, shar es es or or other or in the name of the Tr ee. ‘ without indication of any fiduciary capacity and depe ; as in a checking or savings ac eo cou nt, a bank or savings 23 loan in sociation and withdraw fro at nie ey ne om 3@2 Sane Wh hour indicat T of fiduciary capaci exp cy. a9 t hdvawal a2. W Payments: To enter into any fixed payme nt nt th ey nd{s) withdrawal plan i ch ny mutual fu authorizing paymerte bo the Grant ar or any other beneficiary of a Spe ed monthly arn urwm ble from. income dividends, ca a ga s distribu one, or from rhe px ceads of ye qui dat of Ares of muty fund(s}, and ta deposi * shares of sch mutua fun Gla ONS } with a custodian or 3 ot a pursuant £o y ae nh author 4L Zac Lon. on 13. Professional Employment : employ accountants, att neys & ue uc h, ag ts as the Tru: ee may deem advisable, and to pay reasona compens: on for ir se “OS. 4. te Le make loan secured or su ok oh unsecur 2 mm ww nts nts, at such rates of int a , “Upon such ter 1s and co Su persons, £ rms or oG Epor ox tions as the Trustee shall approve. 4158 5 adiu art ry ee Consequences. To TO in 4 take any action neces. Le make any tax election(s), order bo minimize the tax liabilitie of this Trust and the b ne my cliaries named herein. Lé. Litigation. To initiate & ad defend any Litigation € + ating to the the Trust or any property held in the the Trust, and to compromise or settl ae oy such claims. a7. To maintain insurance coverage 1Ln the kinds and the amoun bs of is which the Trustee deems advisable, to terminat any such coverage, and to collect any refunds of premiums. A uth uth ziged Signat: 23 designate aut horized sign es on acce ne cS Wi th Dar ba ks and savings and loan sot on wh eX or Fie 8 7 uch signatories b aa Tru e. an dali Asst it ons rely ag on such aut norized ignact re re are KC 1erated from any loss, is or Liab il ity. 19) Durable Power of Attorney exe a Durable Power of A ttorney granting to an a rney-in-fact named i n 1 such Durable Power of Attorn yet 2 author y to act behalf of che Te +v istee regarding any of the assets of thi thi Trust. B Evary Successor Tru 3g ta tee appointed her her eunder shall possess are