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#* FILED: LAKE COUNTY, FL NEIL KELLY, CLERK. ***
Electronically Filed 12/02/2013 06:06:27 PM ET
IN THE CIRCUIT COURT OF THE
19TH JUDICIAL CIRCUIT, IN AND
FOR LAKE COUNTY, FLORIDA
CASE NO.: 2012 CA 3843
KAREN J. ROBERTSON, Trustee of the
ROSEMARY A. RYAN REVOCABLE TRUST,
JOINED BY DIANA M. DAVENPORT,
Plaintiffs
VS.
MARK R. RYAN and ROBERT P. RYAN, II
Defendants
PLAINTIFF’S RESPONSE TO DEFENDANTS’ OBJECTIONS
TO ACCOUNTING AND PETITION FOR REMOVAL
AND SURCHARGE
Plaintiff/Trustee, by and through her undersigned counsel, files this response to
Defendants’ Objections to Accounting and Petition for Removal and Surcharge and
States:
OBJECTIONS TO ACCOUNTING
1, Plaintiff admits the first sentence of paragraph 1. The Plaintiff denies the
second sentence of paragraph, and states as follows: Since the settler’s date of
death the Trustee has provided the beneficiaries with a non-formal accounting,
showing income and expenses, even providing receipts for all supplies and
materials purchased by the trust. On 11/26/2012, Plaintiff/Trustee provided
the defendants, with a first accounting which was not verified as required by
Rule 5.346(d). On 5/24/13 Plaintiff/Trustees, provided an Interim Accounting
and did provide the executed form provided for under Rule 5.346(d).
2, Plaintiff/Trustee denies that she has engaged in any conflict of interest
transactions and has only protected and increased the value of the trust assets.
Plaintiff/Trustee admits that she employed family members to render serviceswe
without court order in an effort to save the trust money. Compensation was
paid for services provided to family members as follows:
a. Mark R. Ryan retained $333.91 for his assistance with the sale of
estate assets.
b. To William (Burns) Robertson was paid $2,320.00 for his assistance as
leasing agent for the real property. The $2,320.00 was returned to the
Trust on November 14, 2013, until this expense can be decided by the
court.
c. Tyler Robertson was paid a total of $150.00 for his labor to help install
the kitchen floor in the trust home and for transportation of a lift chair
that was sold at the estate garage sale.
The Trustee denies that she has been paid excessive trustee’s fees and is only
charging a fee of 3% of the principal and income for managing the trust as
allowed under the Trust and would show in support thereof a fax from
SunTrust showing their charges for handling a trust for a minimum annual fee
of $6,000.00 a year, plus a fee of 0.20% per year on the market value of the
trust.
Plaintiff/Trustee denies that the latest accounting is inconsistent with the prior
accounting, and states that it has only been updated. The Trustee has
requested a list of specific items of inconsistency so they can be discussed
with the CPA, that prepared the accounting.
Plaintiff/Trustee admits that attorney fees have been paid from the Trust to
defend the Trust and the Trustee due to the defendants’ lack of cooperation in
repairing and selling the home, and frivolous complaints regarding the
accounting, however, no further fees will be paid, and are pending court
approval.
Plaintiff/Trustee has paid back the personal loan for $5,000.00 which was
subject to a note. Plaintiff/Trustee states there is no written note for the
$25,000.00 loan from the grantor. If Defendants have a written note, Plaintiff
demands strict proof thereof.7. Plaintiff/Trustee incurred bank fees at the insistence of defendants to produce
a full and formal accounting of the Trust.
8. Plaintiff/Trustee incurred the cost of one survey for the Trust since Trustee did
not know exactly where the property lines ran, and needed to know for the
property clean up and improvements so property could be rented or sold.
PETITION FOR REMOVAL AND SURCHARGE
9. Plaintiff, Karen Robertson, admits she is the Trustee of the Rosemary A. Ryan
Revocable Trust.
10. Plaintiff/Trustee reaffirms her responses to paragraph 1-8 of the Objections to
Accounting.
11. Plaint/Trustees denies she has breached her fiduciary duties to the Defendants
and replies as follows:
a.
Trustee has produced informal and formal accountings to Defendants
by email including copies of receipts.
Trustee denies paragraph 11(b), Trustee has never attempted to acquire
the property for herself below market value or for any sum.
Trustee states that she had a contract for the purchase of the home
above the appraised value and therefore saw no need to list the
property with a realtor, incurring additional commissions that would
be due at closing. Only after defendants’ objections to the reasonable
sale of the property at above the then appraised price, did she offer to
list the property, to appease the defendants.
Trustee admits that legal fees have been paid, but states that in a letter
to the attorney for defendants dated September 17, 2012 requested that
the parties agree to the sale of the home to co-Plaintiff so that attorney
fees and a law-suit would not have to be filed, therefore putting them
on notice of intent to pursue legal action, thereby incurring legal fees
and costs. All parties are fully aware that it is necessary to sell the
subject property to have the funds to carry out the terms of the Trust.
The Trustee has been diligent in attempting to accomplish this. The
objections filed are solely in an effort to extract funds from the shareof the trust due to Trustee and her sister and their attempt to get to get
money not part of their entitlement and not part of the grantor’s intent.
e. Trustee denies mismanagement of the trust and attempted coercion of
beneficiary, Mark Ryan as evidenced by the interim accounting
Trustee requests to know specifically how the defendants believe she
has mismanaged the trust, when she only increased the value of the
trust. Defendants know the condition of home prior to the
improvements made by the Trustee, watched her and Trustee’s
husband do the work and never objected to the improvements being
made until an offer was made on the real property.
f. Trustee has notes for three of the loans owed to the trust. The only
alleged loan that does not have a written note is the $25,000.00 loan,
which Karen Robertson verbally agreed to pay interest on the loan for
income for Rosemary Ryan, which was more than Ms. Ryan could
have gotten by renewing her certificate of deposit. The agreement was
that the principle was to be paid upon disbursement of Mrs.
Robertson’s share of the Trust.
g. All federal taxes have been filed with no refunds, payments due or
penalties.
12. Trustee, Karen Robertson and nominated successor trustee, Diana Davenport,
have no conflict of interest in the Mark Ryan Trust. Plaintiffs have agreed to
handle Mark Ryan’s separate trust without charging a trustee’s fee. Plaintiffs
do not feel it is in the best interest of Mark Ryan for a new Trustee to be
appointed, as they would charge a fee for their services. Trustee, Karen
Robertson has provided Mark Ryan his monthly allowance together with
everything he has requested, including medical expenses and his criminal
legal fees and cost, until The Rosemary A. Ryan Trust ran out of money.
Should Plaintiffs not be allowed to continue as Trustee, Plaintiffs object to
Robert P. Ryan, II being the Trustee of The Mark Ryan’s Trust. Plaintiffs
request that any Trustee appointed, do so without a trustee’s fee, or at a very
minimal fee to be determined by the court.Trustee, Karen Robertson, requests that she be allowed to continue as Trustee to
avoid additional, un-necessary fees and costs to the Trust by the appointment of a new
trustee that will ultimately lower the disbursement to the beneficiaries, including The
Mark Ryan Trust and possibly cost The Mark Ryan Trust, additional fees for having to
pay a Trustee, when she has offered to be the Trustee for free.
David E. Cauthen
Attomey for Trustee
CERTIFICATE OF SERVICE
I HEREBY CERTIFY, that a true and correct copy of this Response was served
on Robert C. Wilkins, Jr. B.C.S. by electronic mail, at Service@wikinslegal.com and
CLA@wilkinslegal.com this & day of December, 2013.
David E. Cauthen.
Attorney for Trustee
CAUTHEN, OLDHAM & ASSOCIATES, P.A.
131 West Main Street
Tavares, Florida 32778
(352) 343-3455
Fla. Bar No. 146140
cauthenoldham@comeast.net
debracauthenoidham@comcast.net40-12-11 67:44 FRON-Suntrust WIM 8132242074 T-422 PQU3/884 F~918
aR an ea erari
Trust & Investment Management Accounts
Schedule of Annual Fees for Accounts $1,000,000 and under
SunTrust Bank charges the following fees far its standard services to trust and investment management accounts each month,’
A fee based on the value of the account according to the fallowing schedule:
Plus:
For irrevocable and testamentary trusts, a fee of 0.20% per year on the market value of the trust will be charged.
Other Fees
+ Adistribution fee of up to 2% of the current value of an irrevocable trust account will be charged for the distribution of assets
to any individual or institution, other than the grantor or another account for which SunTrust acts ity a fiduciary capacity.
+ A processing fee of $500 will be charged when an accaunt closes, if a distribution fee is not applicable.
« Trust assets subject ta postmortem administrative services shalt be subject to additional fews as identified in the standard
Executor (Probate) schedule,
+ SunTrust Bank may use shares of investment tunds affiliated or not affitiated with Surfrust in trust and investment management
accounts, When these funds are used, the client will pay both the SuriTrust standard annual fee as outlined in this schedule and
the fees and expenses directly attributable and charged by the funds as outlined in their prospectuses,
» Accounts utilizing unaffiliated sub-advisors or investment managers are subject to SunTrust’s standard fee schedule, In
addition, these accounts are subject to fees that may be charged by the sub-advisors. SunTrust receives no additional monetary
compensation for the use of these sub-advisors, These additional sub-advisor fees do nat contribute to the SunTrust minimum fee,
Extraordinary Services
SunTrust Bank witl charge separately for extraordinary services not described in the governing decument. Those charges may be
based on hourly rates or upon the size, importance, difficulty and novelty of the service. The current hourly rates are:
Advisors $250 per hour Pora-professionals $125 per hour
Charges for litigation, real estate services including purchases & sales, closely held business interests, business valuations,
continuation or liquidation of business interests, tax services, and other services not described in the governing document will be
charged in accordance with SunTrust’s published schedule of fees for such services applied at rates in effect at the time the services.
are rendered. Out of pocket expenses incurred by SunTrust on behalf of an account to facilitate its effective administration may also
be charged against the account.
When SunTrust serves in a co-fiduciary capacity the full standard annual compensation shalt apply.
‘This fee schedule may be changed trom thme te Kine after advance notice. MZ
WZ
SunTRUuST
Live Solid, Bank Solid.
~ 'SunTauat Bank may reosivs nompeasation in exchange for adminiarative and investntont aevisary wérvies tht it provides to salous qraney rowel mutva Runde which may be AESERS in yous account
‘These toes shai be in adeiton to, and wil notreduce_atner compensation SunTrust Bsnk is eAlled to seativa Unda Wik Gedsecule ot Faga fot the account. Such fees wil nok Dw pid by Yow BOOMUNE. ba
‘Wit bé Bbld Wb SuAT Iu BANk by te Mutual fund Rell OF by the investment adver 46 ha funds,
‘RudgeWortn Capital Monagement tne. a he wabsidiaiee (dlletSvely, *RAGTEWFOR are afthatee ft SunTrust Gsnk. Ridge Wien recsives compensation in axchongs for adminisvaive and mvestners
ssowcory services thatit provider ta the Riagevomh fat of qiulual funds wiver may be ARSsts your acuaum, ThEbE Seas shee in nation lo, avd wil Aut reduce. other compansshon Suntrust Bank
‘ented t receive under this Schedule of Fous Gr the ecocunl,
Except as plovided above Xi ooney mackel mutual tunds, of as ethenwite raced by te powerholder oF comeanted to, Sunes Bank ana te abitates Aa nt receive kompansdlinn oF HONIORE Gr OET
fees horn enafibaled mutzal funds mck may he astets in your socaunt or Horn unatated third puny Aivesument managers o7 eyiBors,
2010 Gunter Banks, ine. SunTrust, Live Solid. Bank Solid is 8 eervicw mark af GuntTrugl Ranks, ne, OGD-11S664-10-02 Rano@-12-'11 67:44 FROM-Suntrust WIM 8132242074 1-422 PaW2/004 F-918
aA
VRE RN ela a
Trust & Investment Management Accounts
Schedule of Annual Fees
SunTrust Bank charges the following fees for its standard services to trust and investment management accounts each month.’
A fee based on the value of the account according to the following schedule:
Market Value’ | Annval Feo | Average Amtual Bercantage Fee
Tstooecod, | $15,000 150%
$3,000,000 $33,000 j 1.10%
$5,000,000 $49,000 - 0.98%
$10,000,000 $74,000 0.74%
Plus;
For irrevocable and testamentary trusts, and for asset protection trusts, a fee of 0,20% per year on the market value of the trust will
be charged,
Other Fees
+ A distribution fee of up to 2% of the current value of an irrevocable trust account, and on an asset protection trust, will be
charged for the distribution of assets to any individual or institution, other than the grantos or another account for which
SunTrust acts in a fiduciary capacity.
+ A processing fee of $800 will be charged when an account closes, If a distribution fee is not charged.
: © Trust assets subject to post-mortem administrative services shall be subject to additional fees as identified in the standard
: Executor (Probate) schedule.
+ SunTrust may use shares of investment funds affiliated or not affillated with Suntrust in trust and investment management
accounts. When these funds are used, the client will pay both the full SunTrust fee as outlined in this schedule and the
expenses directly attributable and charged by the funds as outlined in their prospectuses.
» Accounts utilizing unaffiliated sub-adyisors or investment managers are subject to Sunfrust's standard fee schedule, in
addition, these accounts are subject to fees that may be charged by the sub-advisors, SurTrust receives no additional monetary
compensation for the use of these sub-advisors. These additional sub-advisor fees do not contribute to the SunTrust minimum fee.
Extraordinary Services
SuriTrust Bank witl charge separately for extraordinary services not described in the governing document, Thase charges may be
based on hourly rates or upon the size, importance, difficulty and novelty of the service. The current hourly rates are:
Advisors $250 per hour Para-professionais $125 per hour
Charges for litigation, reat estate services including purchases & sales, closely held business interests, business valuations,
continuation or fiquidation of business interests, tax services, and other services not described in the governing document will be
charged in accordance with SunTrust’s published schedule of fees for such services applied at rates in effect at the time the services
are rendered. Out of pocket expenses incurred by SunTrust on behalf of an account to facilitate its effective administration may also
be charged against the account.
WY.
When Suntrust serves in a co-fiduciary capacity the full standard annual compensation shall apply,
This fee schedute may be changed from timu te time after advance notice.
Live Solid, Bank Soltd.
"SunTivet Boo Mty feaeive cornpengalion in exchange far adminikvalive and inveaunes wdviadly bETWOEE tht fl prowdey 10 Yakbub MOREY Marked MUI fund Which may be AEGEIE iO your accOUTE,
‘Thasé fees shal bp in sdciion to, and wal not raduce, ofher camperwation SunTrust Bank ened lo coiva Lnaee tae Sehedul of Fags for the account, Such teev wil nat Dé DEI y Your Aetoue. Nut
‘all De paid 10 SunTrust Bank by the nna fund iicetf er by the investment advisor to the funds.
RidgeWort Copital Management In. and its subsidiaries {oolactively, “Ridge\odtn") are atitintec of SunTrust Bank. Ri¢geWerk receiver compensation i excharne for edministralive ang swestnest
aavizory senvces tnatd prevads ta the Fldge\ orth tamity of mulual funds wivch maybe axcets in your acobunt These fave chebise in aaciten 16, and wil not reduce. other compsnsahen SusTruct Banke
"8 enblad fa ceceive Under hit Soneduty of Pegs Sor the weccunk
Exoipt as pronidad above for money matkel muluc funds, cr ae ottensise directed by Yhe powe Nodes Or consented te, GunTawr{ Bank and ts ateater ca nal receive campenssiie for warvinsk Ov mee
toes Kom uietilated mutual tunde which may be azcetcin ycur account ot Ham unstieied tid party Mveciment managers oF atyi8GN,
47010 Suntruat lance, ine. Bunt. Live Sold. Bank Soll, io a beevice mark of Gunrust Banke, In OGD1136641001 RAO-12-"41 67:44 FROM-Suntrust WIM
wZ
SunTrust’
Facsimile
To: Debra Yates
8132242874 T-422 PGO1/004 F-918
SunTrust
401 E, Jackson Street
‘Tampa, FL 33602
Tet 813.224.2145
Fax 813.224.2074
From: Jennifer Williams, CFP.
Company:
Company: SunTrust Bank
Depariment:
Department: Wealth and Investment Mgmt.
Fax number. 362-343-8801
Tel number:
Fax number, 813.224.2074
Tel number: 813.224.2073
# of pages, including cover sheet: 4
Date: 10/12/17
Debra, please lat me know if | can answer additional questions or share more information
about our services.
Thank you.
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#* FILED: LAKE COUNTY, FL NEIL KELLY, CLERK. *** Electronically Filed 12/02/2013 06:06:27 PM ET IN THE CIRCUIT COURT OF THE 19TH JUDICIAL CIRCUIT, IN AND FOR LAKE COUNTY, FLORIDA CASE NO.: 2012 CA 3843 KAREN J. ROBERTSON, Trustee of the ROSEMARY A. RYAN REVOCABLE TRUST, JOINED BY DIANA M. DAVENPORT, Plaintiffs VS. MARK R. RYAN and ROBERT P. RYAN, II Defendants PLAINTIFF’S RESPONSE TO DEFENDANTS’ OBJECTIONS TO ACCOUNTING AND PETITION FOR REMOVAL AND SURCHARGE Plaintiff/Trustee, by and through her undersigned counsel, files this response to Defendants’ Objections to Accounting and Petition for Removal and Surcharge and States: OBJECTIONS TO ACCOUNTING 1, Plaintiff admits the first sentence of paragraph 1. The Plaintiff denies the second sentence of paragraph, and states as follows: Since the settler’s date of death the Trustee has provided the beneficiaries with a non-formal accounting, showing income and expenses, even providing receipts for all supplies and materials purchased by the trust. On 11/26/2012, Plaintiff/Trustee provided the defendants, with a first accounting which was not verified as required by Rule 5.346(d). On 5/24/13 Plaintiff/Trustees, provided an Interim Accounting and did provide the executed form provided for under Rule 5.346(d). 2, Plaintiff/Trustee denies that she has engaged in any conflict of interest transactions and has only protected and increased the value of the trust assets. Plaintiff/Trustee admits that she employed family members to render serviceswe without court order in an effort to save the trust money. Compensation was paid for services provided to family members as follows: a. Mark R. Ryan retained $333.91 for his assistance with the sale of estate assets. b. To William (Burns) Robertson was paid $2,320.00 for his assistance as leasing agent for the real property. The $2,320.00 was returned to the Trust on November 14, 2013, until this expense can be decided by the court. c. Tyler Robertson was paid a total of $150.00 for his labor to help install the kitchen floor in the trust home and for transportation of a lift chair that was sold at the estate garage sale. The Trustee denies that she has been paid excessive trustee’s fees and is only charging a fee of 3% of the principal and income for managing the trust as allowed under the Trust and would show in support thereof a fax from SunTrust showing their charges for handling a trust for a minimum annual fee of $6,000.00 a year, plus a fee of 0.20% per year on the market value of the trust. Plaintiff/Trustee denies that the latest accounting is inconsistent with the prior accounting, and states that it has only been updated. The Trustee has requested a list of specific items of inconsistency so they can be discussed with the CPA, that prepared the accounting. Plaintiff/Trustee admits that attorney fees have been paid from the Trust to defend the Trust and the Trustee due to the defendants’ lack of cooperation in repairing and selling the home, and frivolous complaints regarding the accounting, however, no further fees will be paid, and are pending court approval. Plaintiff/Trustee has paid back the personal loan for $5,000.00 which was subject to a note. Plaintiff/Trustee states there is no written note for the $25,000.00 loan from the grantor. If Defendants have a written note, Plaintiff demands strict proof thereof.7. Plaintiff/Trustee incurred bank fees at the insistence of defendants to produce a full and formal accounting of the Trust. 8. Plaintiff/Trustee incurred the cost of one survey for the Trust since Trustee did not know exactly where the property lines ran, and needed to know for the property clean up and improvements so property could be rented or sold. PETITION FOR REMOVAL AND SURCHARGE 9. Plaintiff, Karen Robertson, admits she is the Trustee of the Rosemary A. Ryan Revocable Trust. 10. Plaintiff/Trustee reaffirms her responses to paragraph 1-8 of the Objections to Accounting. 11. Plaint/Trustees denies she has breached her fiduciary duties to the Defendants and replies as follows: a. Trustee has produced informal and formal accountings to Defendants by email including copies of receipts. Trustee denies paragraph 11(b), Trustee has never attempted to acquire the property for herself below market value or for any sum. Trustee states that she had a contract for the purchase of the home above the appraised value and therefore saw no need to list the property with a realtor, incurring additional commissions that would be due at closing. Only after defendants’ objections to the reasonable sale of the property at above the then appraised price, did she offer to list the property, to appease the defendants. Trustee admits that legal fees have been paid, but states that in a letter to the attorney for defendants dated September 17, 2012 requested that the parties agree to the sale of the home to co-Plaintiff so that attorney fees and a law-suit would not have to be filed, therefore putting them on notice of intent to pursue legal action, thereby incurring legal fees and costs. All parties are fully aware that it is necessary to sell the subject property to have the funds to carry out the terms of the Trust. The Trustee has been diligent in attempting to accomplish this. The objections filed are solely in an effort to extract funds from the shareof the trust due to Trustee and her sister and their attempt to get to get money not part of their entitlement and not part of the grantor’s intent. e. Trustee denies mismanagement of the trust and attempted coercion of beneficiary, Mark Ryan as evidenced by the interim accounting Trustee requests to know specifically how the defendants believe she has mismanaged the trust, when she only increased the value of the trust. Defendants know the condition of home prior to the improvements made by the Trustee, watched her and Trustee’s husband do the work and never objected to the improvements being made until an offer was made on the real property. f. Trustee has notes for three of the loans owed to the trust. The only alleged loan that does not have a written note is the $25,000.00 loan, which Karen Robertson verbally agreed to pay interest on the loan for income for Rosemary Ryan, which was more than Ms. Ryan could have gotten by renewing her certificate of deposit. The agreement was that the principle was to be paid upon disbursement of Mrs. Robertson’s share of the Trust. g. All federal taxes have been filed with no refunds, payments due or penalties. 12. Trustee, Karen Robertson and nominated successor trustee, Diana Davenport, have no conflict of interest in the Mark Ryan Trust. Plaintiffs have agreed to handle Mark Ryan’s separate trust without charging a trustee’s fee. Plaintiffs do not feel it is in the best interest of Mark Ryan for a new Trustee to be appointed, as they would charge a fee for their services. Trustee, Karen Robertson has provided Mark Ryan his monthly allowance together with everything he has requested, including medical expenses and his criminal legal fees and cost, until The Rosemary A. Ryan Trust ran out of money. Should Plaintiffs not be allowed to continue as Trustee, Plaintiffs object to Robert P. Ryan, II being the Trustee of The Mark Ryan’s Trust. Plaintiffs request that any Trustee appointed, do so without a trustee’s fee, or at a very minimal fee to be determined by the court.Trustee, Karen Robertson, requests that she be allowed to continue as Trustee to avoid additional, un-necessary fees and costs to the Trust by the appointment of a new trustee that will ultimately lower the disbursement to the beneficiaries, including The Mark Ryan Trust and possibly cost The Mark Ryan Trust, additional fees for having to pay a Trustee, when she has offered to be the Trustee for free. David E. Cauthen Attomey for Trustee CERTIFICATE OF SERVICE I HEREBY CERTIFY, that a true and correct copy of this Response was served on Robert C. Wilkins, Jr. B.C.S. by electronic mail, at Service@wikinslegal.com and CLA@wilkinslegal.com this & day of December, 2013. David E. Cauthen. Attorney for Trustee CAUTHEN, OLDHAM & ASSOCIATES, P.A. 131 West Main Street Tavares, Florida 32778 (352) 343-3455 Fla. Bar No. 146140 cauthenoldham@comeast.net debracauthenoidham@comcast.net40-12-11 67:44 FRON-Suntrust WIM 8132242074 T-422 PQU3/884 F~918 aR an ea erari Trust & Investment Management Accounts Schedule of Annual Fees for Accounts $1,000,000 and under SunTrust Bank charges the following fees far its standard services to trust and investment management accounts each month,’ A fee based on the value of the account according to the fallowing schedule: Plus: For irrevocable and testamentary trusts, a fee of 0.20% per year on the market value of the trust will be charged. Other Fees + Adistribution fee of up to 2% of the current value of an irrevocable trust account will be charged for the distribution of assets to any individual or institution, other than the grantor or another account for which SunTrust acts ity a fiduciary capacity. + A processing fee of $500 will be charged when an accaunt closes, if a distribution fee is not applicable. « Trust assets subject ta postmortem administrative services shalt be subject to additional fews as identified in the standard Executor (Probate) schedule, + SunTrust Bank may use shares of investment tunds affiliated or not affitiated with Surfrust in trust and investment management accounts, When these funds are used, the client will pay both the SuriTrust standard annual fee as outlined in this schedule and the fees and expenses directly attributable and charged by the funds as outlined in their prospectuses, » Accounts utilizing unaffiliated sub-advisors or investment managers are subject to SunTrust’s standard fee schedule, In addition, these accounts are subject to fees that may be charged by the sub-advisors. SunTrust receives no additional monetary compensation for the use of these sub-advisors, These additional sub-advisor fees do nat contribute to the SunTrust minimum fee, Extraordinary Services SunTrust Bank witl charge separately for extraordinary services not described in the governing decument. Those charges may be based on hourly rates or upon the size, importance, difficulty and novelty of the service. The current hourly rates are: Advisors $250 per hour Pora-professionals $125 per hour Charges for litigation, real estate services including purchases & sales, closely held business interests, business valuations, continuation or liquidation of business interests, tax services, and other services not described in the governing document will be charged in accordance with SunTrust’s published schedule of fees for such services applied at rates in effect at the time the services. are rendered. Out of pocket expenses incurred by SunTrust on behalf of an account to facilitate its effective administration may also be charged against the account. When SunTrust serves in a co-fiduciary capacity the full standard annual compensation shalt apply. ‘This fee schedule may be changed trom thme te Kine after advance notice. MZ WZ SunTRUuST Live Solid, Bank Solid. ~ 'SunTauat Bank may reosivs nompeasation in exchange for adminiarative and investntont aevisary wérvies tht it provides to salous qraney rowel mutva Runde which may be AESERS in yous account ‘These toes shai be in adeiton to, and wil notreduce_atner compensation SunTrust Bsnk is eAlled to seativa Unda Wik Gedsecule ot Faga fot the account. Such fees wil nok Dw pid by Yow BOOMUNE. ba ‘Wit bé Bbld Wb SuAT Iu BANk by te Mutual fund Rell OF by the investment adver 46 ha funds, ‘RudgeWortn Capital Monagement tne. a he wabsidiaiee (dlletSvely, *RAGTEWFOR are afthatee ft SunTrust Gsnk. Ridge Wien recsives compensation in axchongs for adminisvaive and mvestners ssowcory services thatit provider ta the Riagevomh fat of qiulual funds wiver may be ARSsts your acuaum, ThEbE Seas shee in nation lo, avd wil Aut reduce. other compansshon Suntrust Bank ‘ented t receive under this Schedule of Fous Gr the ecocunl, Except as plovided above Xi ooney mackel mutual tunds, of as ethenwite raced by te powerholder oF comeanted to, Sunes Bank ana te abitates Aa nt receive kompansdlinn oF HONIORE Gr OET fees horn enafibaled mutzal funds mck may he astets in your socaunt or Horn unatated third puny Aivesument managers o7 eyiBors, 2010 Gunter Banks, ine. SunTrust, Live Solid. Bank Solid is 8 eervicw mark af GuntTrugl Ranks, ne, OGD-11S664-10-02 Rano@-12-'11 67:44 FROM-Suntrust WIM 8132242074 1-422 PaW2/004 F-918 aA VRE RN ela a Trust & Investment Management Accounts Schedule of Annual Fees SunTrust Bank charges the following fees for its standard services to trust and investment management accounts each month.’ A fee based on the value of the account according to the following schedule: Market Value’ | Annval Feo | Average Amtual Bercantage Fee Tstooecod, | $15,000 150% $3,000,000 $33,000 j 1.10% $5,000,000 $49,000 - 0.98% $10,000,000 $74,000 0.74% Plus; For irrevocable and testamentary trusts, and for asset protection trusts, a fee of 0,20% per year on the market value of the trust will be charged, Other Fees + A distribution fee of up to 2% of the current value of an irrevocable trust account, and on an asset protection trust, will be charged for the distribution of assets to any individual or institution, other than the grantos or another account for which SunTrust acts in a fiduciary capacity. + A processing fee of $800 will be charged when an account closes, If a distribution fee is not charged. : © Trust assets subject to post-mortem administrative services shall be subject to additional fees as identified in the standard : Executor (Probate) schedule. + SunTrust may use shares of investment funds affiliated or not affillated with Suntrust in trust and investment management accounts. When these funds are used, the client will pay both the full SunTrust fee as outlined in this schedule and the expenses directly attributable and charged by the funds as outlined in their prospectuses. » Accounts utilizing unaffiliated sub-adyisors or investment managers are subject to Sunfrust's standard fee schedule, in addition, these accounts are subject to fees that may be charged by the sub-advisors, SurTrust receives no additional monetary compensation for the use of these sub-advisors. These additional sub-advisor fees do not contribute to the SunTrust minimum fee. Extraordinary Services SuriTrust Bank witl charge separately for extraordinary services not described in the governing document, Thase charges may be based on hourly rates or upon the size, importance, difficulty and novelty of the service. The current hourly rates are: Advisors $250 per hour Para-professionais $125 per hour Charges for litigation, reat estate services including purchases & sales, closely held business interests, business valuations, continuation or fiquidation of business interests, tax services, and other services not described in the governing document will be charged in accordance with SunTrust’s published schedule of fees for such services applied at rates in effect at the time the services are rendered. Out of pocket expenses incurred by SunTrust on behalf of an account to facilitate its effective administration may also be charged against the account. WY. When Suntrust serves in a co-fiduciary capacity the full standard annual compensation shall apply, This fee schedute may be changed from timu te time after advance notice. Live Solid, Bank Soltd. "SunTivet Boo Mty feaeive cornpengalion in exchange far adminikvalive and inveaunes wdviadly bETWOEE tht fl prowdey 10 Yakbub MOREY Marked MUI fund Which may be AEGEIE iO your accOUTE, ‘Thasé fees shal bp in sdciion to, and wal not raduce, ofher camperwation SunTrust Bank ened lo coiva Lnaee tae Sehedul of Fags for the account, Such teev wil nat Dé DEI y Your Aetoue. Nut ‘all De paid 10 SunTrust Bank by the nna fund iicetf er by the investment advisor to the funds. RidgeWort Copital Management In. and its subsidiaries {oolactively, “Ridge\odtn") are atitintec of SunTrust Bank. Ri¢geWerk receiver compensation i excharne for edministralive ang swestnest aavizory senvces tnatd prevads ta the Fldge\ orth tamity of mulual funds wivch maybe axcets in your acobunt These fave chebise in aaciten 16, and wil not reduce. other compsnsahen SusTruct Banke "8 enblad fa ceceive Under hit Soneduty of Pegs Sor the weccunk Exoipt as pronidad above for money matkel muluc funds, cr ae ottensise directed by Yhe powe Nodes Or consented te, GunTawr{ Bank and ts ateater ca nal receive campenssiie for warvinsk Ov mee toes Kom uietilated mutual tunde which may be azcetcin ycur account ot Ham unstieied tid party Mveciment managers oF atyi8GN, 47010 Suntruat lance, ine. Bunt. Live Sold. Bank Soll, io a beevice mark of Gunrust Banke, In OGD1136641001 RAO-12-"41 67:44 FROM-Suntrust WIM wZ SunTrust’ Facsimile To: Debra Yates 8132242874 T-422 PGO1/004 F-918 SunTrust 401 E, Jackson Street ‘Tampa, FL 33602 Tet 813.224.2145 Fax 813.224.2074 From: Jennifer Williams, CFP. Company: Company: SunTrust Bank Depariment: Department: Wealth and Investment Mgmt. Fax number. 362-343-8801 Tel number: Fax number, 813.224.2074 Tel number: 813.224.2073 # of pages, including cover sheet: 4 Date: 10/12/17 Debra, please lat me know if | can answer additional questions or share more information about our services. Thank you. CONFIDENTIALITY: The information in this facsimile {ransmission ie intended ondy for the individual ot enlily named above and may contain information that is privileged or confidentia!. If the reader of this message is not the intended reciplent, of the employes or agent rasponsibte to deliver it fo the intended recipient, you are hereby notified thal any dissemination, disineullon or copying of this communication is strictly pronibited. Receipt by snyone other than the intended recipient is not a waiver of any atlorney-ctient 07 work product privilege. If you have received this communication in errar, please notily us Immediately, We wauld appreciate your returning Ie original to us,